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HomeMy WebLinkAboutNS-036 ORDINANCE NO. NS-36 AMENDING T~E SANTA ANA ~ICIPAL CODE .BY REP~J~LING ~2 AND ADDING A ~W CEAPTER 3 UNDER TITLE OF "SUBDMSION REGULATIONS" TO ARTICLE IX 0F THE SANTA ANA MUNICIPAL CODE THE CITY COUNOIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That the Santa Ann Municipal Code be and it is here- by amended by repealing all of the provisions of Chapter 2 of Article IX of said Code. SECTION 2. That the Santa Ann Municipal Code bs and it is here- by amended by adding to Article IX, a new Chapter 3 in words and fig- urss as follows: "CHAPTER 3. SUBDIVISIONREGULATIONS "SECTION 9300. Purpose. "The purpose of this Chapter, and any rules, regmlations amd speQlfications adopted pursuant thereto, is to control and regu- late the division of land within the City of Santa Ama and such land as may be annexed to said 0ity. This Chapter and the various Sections thereof are supplemental to and are enacted pursuant to Section 11 of Article IX of the Constitution of the State of California, the Charter of the City of Santa Ann and the statutes of the State of California, including the Subdivision Map Act. PA~ i - ~INI~IONS "SECTION 9310. Definitions - General. "Whenever a~y words or phrases used in this Chapter are not de- fimed herein but ars defined in the Business and Professions Code of California, such definitions ars incorporated herein a~d shall apply to such wogds and phrases used in this Chapter as though set forth in full herein unless the context clearly indicates a differ- ent intemt. "SECTION 9311. Advisory Agency. "Except as acted herein "A~visory Agency" shall mean the Plan- ming Director or such other Officer of the City of SamtaAma who is the Chief Admimis~rative 0ffi~er of the Plan~ing Department. The Plannin~ Director or such other Olty Officer aa may be serving in lieu thereof is hereby charged with the duty of maglng inves- tigations and reports on the design and improvement of proposed subdi?isions. Wheneve~ under the terms of this Chapte~ the Plan- ning Commission of the 0ity of Santa Ann shall act as an Appsal ~oard from decisions rendered by the PlannLmg Director, said Planning Commission shall be considered as the "AdvlsoryAgenoy" referred to in the Subdivision Map Act and shall have the power and duty to make investigations and furnish reports and recomm®nda- tions to the City Council under the provisions of t~e Act. "SECTION 9312. Block. "Bloc~ shall mean an area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys; or by streets, highways or ways, except alleys and the ex~erior boundary or boundaries of the subdivision. "SECTION 9313. Key Lot. "Key lot shall mean a lot, the side line of which adjoins the rear line of one or more adjoining iota. "SECTION 9315. Map Act. "Map Act shall mean the Subdivision Map Act of the State of California. "SEOTION 9315.~ Alley. "Alley shall mean a public or private way for pedestrian or vehi- cle use which affords only a secondary means of access to abutting properties. "SECTION 9316. Walkway. .~, "Walkway shall mean a passage way intended for pedestrian use onlyJ "SEOTION 9317. Dead-smd Street. "Dead-en~ Street shall mean any etrset or way having only one out- let for vehicular traffic. .SECTION 9318. Street. "Street shall mean a public or private way which provides for abuttimg properties a primary mea~s of assess for vehicular amd pedestrian traffic. -2- "SECTION 9318.1. Private Street. "Private Street shall mean any parcel of land not de~icated ae a public street but use~ or intended to be used for ingress to or egress from, a lot or iota .which may or may not have frontage on a public street. "SECTION 9318.2. Service Road. "Service Road shall mean a street adjacent to a Freeway or pri- mary street, and separated therefrom by a dividing strip, which provides the primary means of access for vehicular and pedestrian use to abutting properties. "SECTION 9318.3. Freeway. "Freeway shall mean a street designated aa a "Freeway" by the California State Division of Highways or other Governmental Agency. "SECTION 9318.~. Local Street. "Local Street shall mean a street intended wholly or principally for traffic originating or terminating at residential properties within the immediate vicinity of said street. "SEOTION 9318.5. Primary Street. "Primary Street shall mean a street intended for the movement of major volumes of traffic through the City or serving to collect traffic from two or more intersecting secondary streets. "SECTION 9318.6. Secondary Street. "Secondary Street shall mean a street intended for the movement of traffic from one area of the City to another area and serving to collect traffic from two or more intersecting streets of lesser classification. "SECTION 9318.7. Commercial Street. "Commercial Street shall mean a street primarily intended for pedestrian and vehicular aeeems to abutting properties used for commercial purposes. "SECTION 9318.8. Industrial Street. ,Industrial Street shall mean a street primarily intended for pedestrian and vehicular access to abutting properties used for --3-- industrial purposes. PART 2 - DESIGN STA~D_ARDS "SECTION 9320. Conformity. ~Each subdivision of land and the map thereof shall be in con- formity to the design standards as set out in this Part. "SEOTION 9321. Street and Alley Arrangement. "The street and alley arrangement shall be such as the Planning Director will determine to cause no undue hardship to owners of adjoining property when they subdivide their land, and he shall require that adequate and convenient access be provided to ad- Joining properties. Ail itreets, as far as practicable, shall be required to be in alig-ment with existing adjacent streets or their proper projections and shall be in general conformity with the most advantageous development of the area affected by such subdivision. "SECTION 9321.1. Effect of Master Plan on Street Alignment. "Whenever a proposed subdivision or other division of land shall include within its boundaries, any portion of a street which has been designated on a master plan of streets and ~lg~w~ys approved by the City Council, such street shall conform in width, alig-ment and other improvement and design standards a, designated on the master plan. If no master plan of streets and highways has been adopted by the Oity Oouncil, the provisions of t~is Section shall apply to any map showing proposed street development as adopted by the City 00unoil or to any proceedings affecting the subdivision which may have been initiated by the City Council or approved by the said 0ouncil upon initiation by other legally constituted bodies of the City, County or State ~over,~meats. ,SECTION 9321.2. Inclusion of Easements and Rights,of-Way. "The subdivision shall include within its boundaries, all ease- ments and rights-of-way f~r which the reversionary interest goes to properties within the subdivision. "SEO~ION 9322. Local Streets - Width. "Each local street as defined in this Ohapter shall have a width of not less than sixty feet (60'); provided that where the pro- posed street ia ieee than four (~) blocks in length or thirteen hundred feet (1300'), whichever is the shorter distance, is in a proposed or existing residential district, and will pro,est by direct ali?meat into an existing street of lesser width, the Planning Director may permit a lesser width but not less than fifty-four feet (55'); provided further, that a local street in any steep hillside subdivision where topographical features elimi- nate abutting lots from one side of the street, may have a lesser width but not less than forty feet ($0'). "SEOTION 9322.1. Service Roads - Width. "When the front of any lot borders upon a Freeway, the subdi- vider shall dedicate a service road for ingress to and egress from said lot. Service roads shall have a width of not less than forty feet "SECTION 9322.2. Turn-arounds on Dead-end Streets - Width. "Whenever a turn-around shall be required on a dead-end street, such turn-around shall have minimum radii of forty-five feet ($5'). "~EOTION 9322.3. Alleys - Width. "Alleys shall be at least twenty feet (20') in width. "SEOTION 9322.$. Boundary Line Street - Width. "Any land adjacent to a boundary line of the subdivision and not a part of a proposed full width street but intended to be a part of the ultimate width of a highway or street, or any reserva- tion therefor, shall have a width not leas than one-half of the full width required for such street by the provisions of this 0hap- ter unless special conditions of alignment require a greater or lesser width. "SECTION 9322.5. Dea~-end Streets. "Whenever necessary to give access to a portion of the proposed subdivision or to permit a satisfactory future subdivision of ad- Joining land, streets may extend to the boundary of the subdivi- sion and the resulting dead-end streets may be approved without -5- turn-around; provided however, that the length of such street shall be governed by the provisions of this Part pertaining to bloc~ length. "SECTION 9323. Private Streets. "Whenever such intent does not contradict the provision of this Chapter as it relates to the master plan for streets and highways of the City or the protection of opportunities fortes- sortable development of surrounding land adjacent to the proposed subdivision, a street which is intended to be ~ept continuously closed to public travel or at all times posted as a private street may be shown as a private street, and then only on condi- tions which guarantee reasonable maintenance thereof. In any such instance, the final map shall contain a continuing offer of dedication of such private street, available for acceptance by the City Council at such time as the street shall have ceased to re- main so physically closed or posted or shall have been opened to public travel for a period of one year or more. Such private streets shall comply in all respects to requirements as set forth in this Chapter, and a plan and profile of such street as required by this Chapter must accompany the final map. The side lines of private streets shall ~e shown in broken lines and the area of said private streets shall be shown as a part of the lots adjacent to said private streets. "SECTION 9323.1. Posting of Private Streets. "All private streets within the City of Santa Ann must be post- ed at all times as private streets. "SECTION 932~. Provision for Alleys - Master Plan. "In addition t~he alleys required under the following Sections, alleys shall be requiredwhere so indicated on the master plan of streets and highways of the City. "SECTION 93~.X. Provision for Alleys - Commercial Use. "Alleys shall be required in the rear of all lots used or in- tended to be used for business purposes, unless adequate off- -6- street parking areas and service loadi~g and unloading areas to serve such properties are securely reserved for such use and are shown upon the map and approved by the City in the manner herein provided. "SECTION 9324.2. ~Tovislon for Alleys - Multiple Residential Use. "Alleys shall be required in the rear of all lots used or tended to be used for the construction of multiple residential structures of four or mrs units. "SECTION 932~.3. Provision for Alleys - Primary Streets. "Alleys shall be required in the rear of all lots fronting di- rectly upon any primary street. "SECTION 9325. Reserved Strips. "Reserved Strips controlling the access to streets or other public rights-of-way from adjoining property will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights and in each instance the control and disposal of the land comprising such strips must be placed definitely within the jurisdiction of the City of Santa Ana under conditions approved by the City Attorney. "SEOTION 9326. Easements. "Where alleys ars not provided, easements not less than five feet (5') in width shall be provided within the subdivision for public utilities purposes on each side of rear lot lines and along side lot lines where necessary. Easements of lesser widths may be permitted when approved by the Planning Director and the City Engineer. "SECTION 9326.1. Easements - Identification. "The sidelines of all easements shall be shown by fine, dotted lines.. If any easement already of record aannot be definitely located, a statement of the existence, the nature thereof, and its recorded reference must appear on the title sheet. Distances and bearings on the sidelines of iota which are cut by an easement must be strewed or so shown that the map will indicate clearly, -7- the actual length of the lot lines. T~e width of all easements and sufficient ties thereto definitely to locat~/~he same with respect to the subdivision must be shown. Ail easements must be clearly labeled and identified; if an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated, it shall be set out in the ~wner's certificate of dedication. Ail notes and figures pertaining to easements shall be considerably smaller and lighter than those relating to the subdivision itself. "SECTION 9327. Block Lengths. "Blocks shall not exceed one-thousand three hundred feet (1,300') in length between street lines, except where topographi- cal conditions or division of land into acre parcels or larger justify or require a variation from this requirement. "SECTION 9327.1. Acre or Large Lot Subdivision. "Where a parcel is first subdivided into small farms or acre tracts, the blo~k shall be of such size and shape and be so divi- ded as to provide for the opening of primary and secondary streets, and for the extension and opening of streets and alleys at such intervals as will permit a subsequent division of any parcel into lots of normal size. "SECTION 9327.2. Block Length - Dead-end Streets. "A dead-end street on which future extension is not intended or possible, shall not be longer than five hundred feet (500') from the nearest intersecting street line and in no instance shall serve more then twenty (20) present or potential building sites fronting on the dead-end street. "SECTION 9227.3. Block Width. "The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the pro- visions of this Chapter unless the arrangement of an immediately adjacent approved subdivision, lines of ownership, or topographical -8- conditions make necessary a variation from this requirement. "SEOTION 9328. Lot Frontage. "Every lot must have frontage on a public or private street. "~ECTION 9328.1. Districting for Mlnimum Lot Sizes. "The City of Santa Ann is divided into minimum lot area dis- tricts: Class I, Class II and Class III as shown an a map en-~~ titled "Districting Map for Minimum Lot Arsa Requirements",~2 ~x~~l~kx~~X~ such DistrActs hav- ing the following regulations: "(a) The minimum area of a residential lot in minimum lot area district Class I as shown on said map shall be not less than six thousand (6,000) mquare feet and the minimum width of such lot at the official set-back line shall be not less than fifty feet (50'~; "(b) The minimum area of a residential lot in minimum lot area district Class II as shown on said map shall be not less than seventy-two hundred (7200) square feet, and a minimum width of such lot at the official set-back line shall be not less than sixty feet (60'); "(c) The minimum area of a residential lot in minimum lot area District Class III as shown on said map shall be not less than nine thousand (9,000} square feet, and the minimum width of such lot at the official set-back line shall be not less than .If the proposed subdivision limswithin minimum lot area dis- trier Class III and fifty per cent (50%) or more of the land with- in three hundred feet (300') of an exterior boundary of the proposed subdivision has previously been subdivided into lots or parcels, tbs majority of which lots or parcels are smaller than the minimum area or frontage width requirements as set out herein for new sub- divisions in these districts, then the lots in the proposed sub- division for a distance of three hundred feet (300') from the aforsaid boundary may be of such size in area and width as to -9- conform to the requirements of a 01ass II minimum lot area dis- trier. "SECTION 9328.3. Newly Annexed Areas. "Ail land hereafter annexed to the City of Santa Ann shall become a part of the most restricted minimum lot area district in the City u~til otherwise zoned or classified by Ordinance of said City. "SECTION 9328.$. Divided Lots. "No lot shall be divided by a City boundary line, nor any boundary line between registered (Torrens Title) and unregistered land, nor any boundary line between parcels of registered land under separate ownership. Each such boundary line shall be made lot line. ~SECTION 9328.5. "Double frontage Double Frontage Lots. lots having a depth of less than one hundred fifty feet (150') will not be approved except where topographical conditions permit no other reasonable form of platting. Where lend abuts a primary or secondary street, double frontage lots may be permitted when the Planning Director and the City Engineer deem it to be reasonable due to such controlling factors as traf- fic, safety, appearance and set-back. "SECTION 9328.6. Lot Lines. '"The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or radial or ap- proximately radial if the street is curved. "SECTION 9329. Intersection Angle and Block Cut-Off. "Any street intersecting any other street shall intersect at an angle as near a right angle as is practicable. In no instance may the angle be less than forty-five degrees (~5o). At street intersections which include primary or secondary streets, inter- secting at an angle of approximately hinety degrees (90o), the block corner shall be rounded at the property line at a radius of not less than twenty-five feet (25'). At intersections of other -10- streets, the radius shell not be less than fifteen feet (15'). Aa optional method of intersection angle c~diagonal cut-off may be used, provided that the dimensions thereof do not reduce the visibility, sidewalk width, or curb radius obtained by the above specified radii. The curb radius may be required to conform to the radius of exist- ing corners at the same intersection where such existing radius is greater than the established minimum stated herein. Streets inter- sseting at an angle other than ninety degrees (90°) shall have suf- ficient radius or cut-off to provide the same results as to traffic movement, vieibility and design as provided by the foregoing re- Quirements of this Section. "SECTION 9329.1. Center Line Curve Radius. "The center llne curve radii on all streets shall coo. form to ac- cepted engineering standards of design and shall be subject to ap- proval by the City Engineer; provided, howeve~ in no instance shall the radius on any street be less than one hundred fifty feet (150'). "SEOTION 9329.2. Street Grades. "No streets shall have a grade of more than six per cent (6%), or less than fifteen hundredths of one per cent (0.15%) u~lless, be- cause of topographical conditions or other exceptional circumstances, the City Engineer determines that a gra~e in excess or less than the above requirements is necessary. Such recommendation by the City Engineer must be approved by the City Council. "SECTION 9329.3. Street Names. "Each street or way which is to be dedicated, which is a contin- uation of, or approximately the continuation of, any existing dedi- cated street or way shell be shown on the tentative map and shall be given the same name as such existing street or way. The proposed name of each other street or way shown on the tentative map shall be submitted to the City Engineer for his approval and if such name is not a duplication of or so nearly the same as to cause confusion with the name of any existing street or way located in the Oity of Santa Aha, or in close proximity thereto, and if such name is appropriate for a street name, such name shall be approved by him. When any such -11- street or way forms a portion of any prSposed street or way or- dered by the City Council to be surveyed, opened, widened or im- proved, and in such order a name therefor is assigned or desigua- ted, the name of such street or way shown on the final map shall be the same as the name contained in said order. PART 3. REQUIREMENTS FOR r~wROVEMENTS "SECTION 9330. Dedication. "Ail streets, ways, alleys, walkways, improvements, and parcels of land shown on the final map or appurtenant thereto and intended for any public use shall be offered for dedication for public use. "SEOTION 9331. Imstallation Standards for Improvements. "Ail improvements required in Section 9333 herein shall be stalled to permanent line and grade and as to location to the ~at- lsfaction of the City Engineer, in accordance with procedures and standards established by pertinent Chapters of the Santa Aha Mu~i- cipal Code and the desig~ standards and specifications adopted by the City Council pertaining thereto, on file in the office of the Clerk of the Council, the Planning DlreQtor and the City E~gineer. "SECTION 9332. Cost of Improvements. "The cost of all improvements enumerated as required in Section 9333 herein shall be borne by the subdivider, except as to such improvements of a type, size or quality over and above the stand- ards required to service the subdivision and where the City Council has enacted, in Sections of this Municipal Code or appurtenant rules and regulations thereto, provisions for the City to bear that por- tion of the costs for such installations required in order to serve additional areas. "SECTION 9333. List of Minimum Improvements. "The minimum improvements which the subdivider shall make, or agree to make, prior to acceptance and approval of the final sub- division map by the City Council shall be as follows: -(a) Grading and surfacing of streets, highways, ways, and alleys; -12- (b) Combination concrete curbs and gutters and cross- gutters; (c) Sidewalks, except where the construction of sidewalks would nS be advantageous due to the lack of sidewalks on con- tiguous improved streets the City Council may at its option, omit this requirement; (d) Installations for drainage of the subdivision lots, streets, ways, highways, and alleys including the provision of storm drains, culverts, bridges, and appurtenant structures where required by the City Engineer; (e) Distribution and service lines for domestic water supply to each lot and connections to the City's water distribu- tion system; (f) Sewer lines connected to the main collecting sewer of the City and stub-offs from the secondary collection the curb line at each potential building site; Fire hydrants at locations designated by the City lines lines to (g) Engineer; (h) (i) (J) (k) Monuments; Two street name signs at each intersection; Street trees as approved by the Park Superintendent; Necessary barricades and safety devices; Street lights suspended from metal poles at locations designated by the City Engineer. (m) Other installations of public utilities; (n) A six foot (6t) high, chain-link fence entirely along any lot line abutting a river, creek, open storm drain or similar water channel or its appurtenant works, except that at th~ sub- divider's option he may substitute a fence of equal or greater quality and security as approved by the City Engineer; (o) Remove the trees, brush, structures or other obstruc- tions or debris lying within an easement or right-of-way, for drainage, streets or other public uee. "SECTION 9334. Avoidance of Breaking Street Paving. #Any underground utility or service lines required ~o be in- stalled as a par~ of the subdivision and which run across or under- neath the right-cf-way of any street, alley, or way shall be in- stalled prior ~o the surfacing of euch etroet, alley, or way. PA~T 4. SUBDIVISION - FOUR OR LESS LOTS "SECTION 9340. Effect of Final Map on Part. "The provisions of part 4 herein shall not have any effect on or reference to an area included within a recorded Final Map of subdivision into lots cf not more than twelve-thousand (12,000) square feet. "SECTION 9340.1. Area of Application. 'The provisions of this Part shall apply to any real property, or portions thereof, shown on the last preceding tsx roll as a unit or contiguous units, which is divided for the purpose of sale, whether immediate or future, where such divisions of prop- erty results in any one of the following conditions: (a) The frontage of any parcel ~o be separated from the remainder is less than three hundred and fifty feet (350'); (b) The depth of any parcel to be separated from the re- mainder is lees than three hundred and fifty feet (3507); (c) Any future street opening is involved; (d) Any portion of the separated parcel or ~he remainder includes or impinges upon a street or way designated in the Streets and Highway Section of the Master Plan. 'SECTION 9341. Requirements. "The provisions of Parts 1, 2 and 3 of this Chapter shall apply to and have full force and effect upon all land divisions covered by this part. "SECTION 9342. Preliminary Map. "Two copies of a preliminary map showing the loce,$ion and dimensions of the proposed lots shall be filed with the Planning Director. 'SECTION 9343. Additional Information. "The Planning Director may require the subdivider to furnish -14- additional information or data but not more than that required in this Chapter for a tentative map on a subdivision of five or more lots, whenever he shall determine that such i~formation or data is necessary to insure the safe and reasonable development of the neighborhood in conformance with the intent of this Chapter. "SECTION 93~$. Procedure and Time Limits to Consider Map. "Within not ~ore than seven (7) days from the date of receiving the preliminary map, the Planning Director shall submit the map to the City Council together with his recommendations and comments and those of the City Engineer. At their next regular meeting, the City Council s~all approve, conditionally approve, or disapprove said map. "SECTION 93~5. Assurance of Improvement Completion. "As a condition of their approval, the City Council shall require such bonds, contracts or other sureties as in their judgment, and in conformance with the advice of the City Attorney, may be necessary to assure the required dedications of land to public use and the completion of required improvements. "SECTION 93~6. Record of Survey. "After approval of the preliminary map by the City Council, a map conforming to the preliminary map as approved shall be prepared by a licensed surveyor or registered civil engineer and filed within one year as a Record of Survey Map pursuant to the provisions of Chapter 15, Division 3 of the Business and Professions Code of the State of California. "SECTION 93~?. Conveyance of Properties. "No property covered by the provisions of this Part, or interest therein, may be conveyed prior to the filing of the Record of Survey Map required in Section 93~6. "SECTION 93~8. Penalties. "Any conveyance of property, or interest therein, made contrary to the provision of this Part shall be subject to the provision of Sections 115~0 and 115~0.1 of the Map Act; and the Chief Building Inspector of the City shall not issue ~uy permit for construction or repair of any structures on such property. -15- pART 5 - TENTATIVE MAP -SUBDIVISION OF FIVE OR MORE LOTS "SEOTION 9350. Filing of Tentative Map. "Each subdivider of five or more lots shall file with the Planning Director, twelve (12) white copies of a tentative map of such sub- division and three (3) copies of owner's statement and accompany- ing data as required ~nd made in accordance with the provisions of this Part. The time of filing a tentative map shall be construed to be the time at which the same, together with required data, is received in the office of the Planning Director. The Planning Di- rector shall indicate the date of filing upon all copies of the tentative map and accompanying data and thereafter shall transmit one (1) copy of the map to each of the following: (a) The City Engineer; (b) Orange County Planning Commission; (C) Each City en- titled by law to review and recommend thereon; (d) The Real Estate Commissioner of the State of California; (e) The District Engineer of the Division of Highways of the State of California; (f) The Santa Ann City School District; (g) The Park Department; (h) Each privately owned utility servimsthe area. One (1) copy of the accompanying data, if any, shall be forwarded to the City Engineer. -~EGTION 9351. Mandatory License for Person Preparing Map. "The subdivider shall cause the tentative map of land proposed to be subdivided to be prepared by a registered civil engineer or a licensed land surveyor and such tentative map shall be in full compliance with this Part and the Subdivision Map Act. "SECTION 9352. Form of Map. "The tentative map shall be clearly and legibly drawn. The minimum dimensions of the map shall be eighteen inches (18") by twenty-six inches (26"). The scale of the map shall be large enough to show clearly all details thereof, and in no instance shall be smaller than one inch (1") equals one hundred feet (100'). "SECTION 9353. Data to be Shown. "The map shall contain the following information: -16- (1) The tract name; (2) The tract number as secured from the County Surveyor; (3) Sufficient description to define the location and boundaries of the proposed subdivision; (4) The name and address cf record owner or owners; (5) The name and address of the subdivider; (6) The name, business address and registere~ engineerts number or licensed land surveyorts number of the person preparing the map; (7) The approximate acreage of the subdivision; (8) The locations, names and existing widths of adjacent streets~ alleys and Ways and their approximate grades; (9) The locations, names and widths of all existing or proposed streets, alleys and ways in the subdivision and their approxi- mate grades; (10) The center lines of e~isting streets whenever such has been officially designated by the City Engineer or County officials; (ll) The approximate widths and locations of all existing or pro- posed easements for drainage, sewage and public utilities; (12) Approximate radius of each curve; (13) Approximate lot layout and approximate dimensions of each lot; (l~) The size of the smallest lot in the tract; (15) Approximate dimensions of reservations; (16) Location of required or proposed set-back lines; (17) The location, width and directional flow of all water courses and the approximate boundaries of areas subject to inundation or storm water overflow; (18) Plan and easements for drainage and for handling storm water; (19) Existing use or uses of the property and, to scale, the outline of any existing structures and their locations in relation to proposed street and lot lines; (20) Statement of the present use zone and the proposed use or uses of the property; (21) Location of the nearee~ source of water supply from the City:s water distribution system; (22) Provision for sewerage and the location of the nearest usable City sewer main; (23) Lands and parks to be dedicated for public use, if any; (24) Contours at five foot (5~) intervals if slope greater than ten per cent (10%); (25) Oontou~s at ~wo foot (2~) intervals if slope less than ten per cent (10%); (26) Statement of the improvements and public utilities proposed to be made or installed; plus tabulation showing the total lineal feet and sizes of sewer main; number of sewer laterals; lineal feet and sizes of water mains; number of water services; lineal feet of curb and gutter; lineal feet of sidewalk, ex- clusive of landings; number of curb returns; and square feet of pavement. (27) Approximate location of all trees standing within the boundaries of proposed public rights-of-way or easements; (28) Tract numbers of adjoining subdivisions; (29) Existing use of property immediately surrounding the subdivision; (30) In a subdivision which may reasonably be expected to be re- subdivided in whole or in part at some future time, there shall be shown in dotted lines on tentative map, a plan of future street extensions with special consideration given to drainage; (31) Type and locations of street lights to be installed; (32) Date, North arrow and scale. #BECTION 9353.1. Ownerts Btatement. USuch of the foregoing information as may not practicably be shown on the map shall be contained in 0wner~a written statement accompanying the same. #SECTION 9353.2. Index Map. -17- "W~en the area to be subdivided is no~ shown on one sheet of the required size, the Planning Director may require the submis- sion of a map showing the entire area and indicating mtreet and lot lines only. "SECTION 9353.3. Assistance from Planning Director. "The Planning Direator shall advise with the subdivider and supply whatever informatiom is available which can be of assist- ance in the development of an efficient and Beneficial residential, commercial or industrial area. "SECTION 935~. 0onsideration of Tentative Map. "l~thin a period of not more than fourteen (15) days from the receipt of a copy of any tentative map, each City Officer or De- partment to which such copy shall have been transmitted, shall file with the Planning Director, his or its approval or disapproval of much tentative map, or a report showing what changes are necessary or desirable to make such tentative map conform to the requirements of thim Ohapter coming within the Jurisdiction of such Officer or Department. Failure to file the report shall indicate approval of the map. "SECTION 9355. Action on Map by Planning Director. "The Planning Director shall review the recommendations of said Departmaentm and Officers and, if satisfied ~hat tbs design of the mubdlvision ~onforms to the requirements of this 0hapter, shall approve the map within twenty-five (25) days after the filing of such map, unless such time Is extended by agreemsnt with the sub- divider. If the Planning Director finds that the map does not so conform or if substantive objections or recommendations for changes have been made in the reports from Oity Officers or Departments, the Planning Director mhall disapprove or conditionally approve the map within said time. He shall thereupon notify the subdivider of his decisions and action. "SECTION 9355.1. Transmittal to City Council. "If no appeal to the Planning 0ommission is filed by the sub- divider as provided for in Section 9356 herein, the Planning Di- -18- rector shall, within thirty (30) days of the filing of the tenta- tive map by the subdivider, transmit a copy of the map, the ac- companying data, reports and recommendations made by City Officials and a written statement of his own decisions a~d rscommendations to the City Council. "SECTION 9356. App®al to Planning Commission. "If the subdivider is dissatisfied with the decision or rseom- mendatlons for modifications made by the Planning Director he may, within five (5) days after such notification, file a written notice of appeal to be heard by the Planning Commission of the City. Such written notice of appeal shall contain a specific statement of the point or points of disagreement between the subdivider and the Planning Director and shall set out specifically, the point or points of approval, or removal of conditions established by the Planning Director, desired by the subdivider and the reasons and Justifications therefor. Such written request for hearing must contain a statement by the subdivider of willingness to extend the ¥' time of approval of the map for a period of an additional thirty (30) days. "SECTION 9356.1. Hearing by the Planning Commission. "Such appeal from the Planning Director shall be placed on the agenda of the Planning Commission for their next regular meeting, at which time the Planning Commission shall declare that a public hearing on the matter will be held at their next subseQueut regu- larly scheduled meeting. The intervening time may be used by the Planning Commission for further investigation of the matters in Question. "SECTION 9356.2. Decision by Planning Commission. "At the regularly scheduled Planning Commission meeting set for the hearing of the appeal, the Commission shall consider the request for reconsideration made by the subdivider and shall seek such ad- ditional testimony or advice as they may feel desirable to assist in reaching a decision. The Planning Commission shall approve, modify or disapprove of the decision or decisions rendered by the -19- Planning Direstor. "SECTION 9356.3. Record of Decision to city Council. "?mmediately following the rendering of a decision by the Planning Commission subsequent to the hearing of an appeal from the decision of the Planning Director, a copy of the map, accom- panying data, reports and recommendations made by City Officials and a copy of any recommendations on or modifications of the map made by the Planning Direstor and by the Planning Comm, fssion shall be transmitted by the Planning Director to the City Council. "SECTION 9357. Action by City Council. "The City Council shall approva, conditionally approve, or dis- approve, the tentative map and shall r aport the action thereon to the subdivider not later than ten (101 days following the first meeting of the Oity Council subsequent to the date on which the report from the Planning Director or the City Planning Commission was received. PART 6 - FORMAND CONTENT OF FINAL MAP "SECTION 9360. Legal Requirements. "The final map shall be Lm strict conformance to all the re- Quireme~ts of this Part and in substantial compliance with the ap- proved tentative map of the subdivision. "SECTION 9361. Size, Material and Scale. "The final map shall be clearly and legibly drawn in black w~ter- proof India ink upon good tracing cloth, but affidavits, certifi- cates and acknowledgments may be legibly stamped or printed upon the map with opaque ink. Signatures shall be in opaque black ink. The size of each sheet of said map shall be eighteen by twenty-six inches (28" x 26"). A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch (l"). The scale of the map shall be large enough, (not smaller t~en one inch (l") equals one hundred feet (100'), to show all details clear- ly, and enough sheets shall be used to accomplish this snd. The particular number of the sheet and tbs total number of sheets com- prising the map shall be stated on each of the sheets and the re- -20- lation of each adjoining sheet shall be clearly shown. The map shall be so made and shall be in such condition when filed, that good, legible, prints and negatives can be made therefrom. "SECTION 9361.1. Index Sheet "If more than three (3) sheets are used, an index showing the entire subdivision of lots numbered consecutively shall be included. "SECTION 9362. Title of Map. "The title of each such final map shall consist of a name or a tract number as secured from the County Surveyor, conspicuously placed at the top of the sheet, followed by the words "consis%ing of sheets" (showing the number thereof), followed by the words "in the City of Santa Ann- or "partly in the City of Santa Ann and partly in unincorporated territory" Ann and partly in the City of case may be. "SECTION 9362.1. "Below the title or "partly in the City of Santa "(naming the City) as the Description of Property. shall appear a sub-title consisting of a de- serlption of all the property being subdivided, by reference to such map or maps of the property shown thereon as shall have been pre- viously recorded or filed in the 0ounty Recorder's Office or shall have been previously filed with the County Clerk pursuant to a final Judgment in any action in partition, or shall have been previously filed in the office of the County Recorder under authority of Sec- tion 11655 of the Business and Professions Code, or by reference to the plat of any United States survey. Each reference in such de- scription, to any tract or subdivision, shall be spelled out and worded identically with the original record thereof and must show a complete reference to the book and page of records of said County. The description shall also include reference to any vacated area with the number of t~e Ordinance of vacation thereof. "SECTION 9362.2. Map for Reversion ~O Acreage. .A map filed for the purpose of viously subdivided into parcels or spicuously so designated under the -21- showing as acreage land pre- lots or blocks, s~all be con- title by the words "reversion to acreage of "(inserting a legal description as required in Bection 9362.1 herein). #BECTION 9362.3. Delineating Boundaries. "The boundary of the subdivision shall be indicated by a border of Prussian blue water color or blue India ink approximately one-eighth (1/8) of an inch wide applied on the reverse side of the tracing and outside such boundary line. Such water color shall be of such density ae to be transferred to a white print of said map and not obliterate any line, figure or other data appearing thereon. All lines shown on the map which do not constitute a part of the subdivision itself, eh~ll be clearly distinguishable from those lines which are a part of the subdivision, and any area enclosed by such lines shall be labeled ~not a part of this subdivision.# City boundaries which cross or adjoin the subdivision shell be clearly designated and located in relation to adjacent lot or block lines. #BECTION 9362.$. Basic 5urvey Data. #Upon such title sheet, below the sub-title, the name of the surveyor, ~ogether with ~he date of the survey and the scale of the map, shall be set forth. There shall also be shown on the map proper the basic of bearings, making reference to come recorded sub- division map, County Surveyorts map or other record acceptable to said County Surveyor, or to a solar or polaris observation, said basis of bearings note to be in close proximity to the North arrow. Every sheet of the map proper shall bear the title (but not sub- title), scale, North arrow, sheet number and the number of each adjoining sheet in ~ts proper location. "SECTION 9362.5. Certificates required. "The following certificates and acknowledgments must appear on the title sheet of a final map: (a) Ownerts certificate and acknowledgmen~ and offer of dedication, if any; (b) Certificate of ~he Clerk of the Council of approval by the City Council and acceptance of offer of dedi- cation; (c) Certificate of approval of the City Engineer; (d) Certificate of engineer with hie registered and Engineerls number or of Surveyor with his licensed land Surveyorts .number. "SECTION 9362.6. Procurement of Certificates. "Forms for certificates required by the Subdivision Nap Act and this Chapter may be secured from~he County Surveyor and the City Engineer. "SECTION 9362.7. Other Forms Required. "S~ld title sheet shall also contain much other affidavits, cer~ificates, acknowledgments, endorsements, and notarial seals as are required by law and by this Part. #SECTION 9363. Established Center Lines. "Whenever the City Engineer or County Surveyor has emtablished the center line cf a street, alley or easement, that data shall be considered in making the surveys and preparing the final map, and all monuments found shall be indicated and proper references made to field books and maps of public record relating thereto. #"SECTION 936~. Existing Monuments. #Said final map shall show fully and clearly what stakes, monu- ments or other evidence to determine the boundaries of the subdi- vision were found on the ground; and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name and place of record, or by section, township and range, or other proper designation, shall be shown and identified on the map. "SECTION 9365. New Monuments. "In making the survey f or the subdivision, the surveyor shall set the new monuments required herein; and he shall show on the map, the location, size and depth of all new monuments placed, and if any points were re-set by ties, that fact shall be stated. Require- ments for monuments are as follows: (a) Permanent iron pipe monuments of a type approved by the Oity Engineer shall be set at each boundary corner of the sub- division, at the beginning and end of property line curves, at all block corners and at any other points as may be required by the City Engineer. -23- (b~) After all street improvements have been completed, the center lines of all shall be accurately re-established cording to the bearings and distances shown on the plans. The intersections of all street center lines shall be marked with a P. K. Nail. P. K. Nails shall also mark the begin- ning and end of all curves. Where the point of intersection of the semi-tangents to a curve falls in pavement, this point also shall be marked with a P. K. Nail. Should the P. I. fall on side- walk or curb, the point shall be marked with a cross chiselled in the concrete. Should the P. I. face on natural ground in an avail- able spot, it shall be marked by an iron pipe with the Engineer's Registration tab attached. The top of the pipe shall be one foot below the surface of the ground. Should any center line point herein required to be marked, fall upon a manhole or other surface obstruction, four straddle points shall be set, using P. K. nails, 24 inches each direction from the true point, so that lines drawn across twoopposite points will be at approximately righ~ angles to each other. (¢7 Any monument or bench-mark, as required by this Ordi- nance, that is disturbed or destroyed before acceptance of all im- provements shall be replaced by the subdivider. (4) Monuments and bench-marks shall be set before submission of the final map for City Council approval unless exception is re- commended by the City Engineer and approved by the City Council. "SECTION 9366. Survey and Map Data, General. "The final map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and re- trace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii and arc lengths for all curves, and such information as may be necessary to determine the location of the centers of curves. The final map shall particularly define, delineate and designate, all -24- lots; All streets, alleys, easements or other percale offered for dedi- cation for any purpose and any private streets with all dimensions, boundaries and cot~rses cle~ly shown and defined in every case. Parcels offered for dedication other th~ for streets o~ easements shall be designated by n~ber. ~1 streets shall be designated by n~e, and private streets shall have inserted w~thin the limits thereof, the ~orde ~not a public street.~ B~ficient line~, an~lar and c~ve data shall be aho~ to ~e~e~ne really the be~- inc ~d length of the bound~y lines off the subdivision, ~d of the bound~y lines of every block, lot ~a p~cel which is a p~t thereof. ~1 lots and, wherever practicable, blocks in their entirety sh~l be eho~n on one (1) sheet. ~c lengths, radii, ~d tot~ delta or radi~ bearincs of each c~ve shall be eho~n. ~here lot corners ~e ro~ded at street intersections, the tangents shall be shown. Dimensions shall be sho~n in feet and decamps of a foot. ~BECTION ~388.1. B~vey Data for Lots. ~Dimenelons of lots sh~l be the net ~menelons. No ditto m~ks shall be used. Lots containing one acre or more eh~l show net acre,s to newest hun~edth. eBE~T~ON ~3~.2. Record of Easements. "The fin~ map sh~l show the center line data; width and side lines of the lots which ~e cut by an easement shall be so shown as to indicate cle~ly the actual lengths of the lot lines. The width of the easements ~d the lengths ~d the be~inga of the lines thereof ~d sufficient ties to locate ~he easement definitely with respect to the subdivision shall be shown. The easement sh~l be cle~ly labeled and identified ~d if already of record proper re~erence to the records given. If the easement is not definitely locate~ of record, a statement as to the easement shall appear on the Title Sheet. Utility easements shall not be dedicated ~o the City. -25- "~CTION 9366.3. Delineation of Surface Water Levels. "The final map shall show the line of high water in case the subdivision is adjacent to a natural stream, channel or any body of water and shall also show all areas, if any, subject to periodic inundation by water. "SECTION 9367. Filing of Traverse. ~A complete traverse, showing closure errors, if any, on the boundaries of the tract and all blocks and lots therein, shall be submitted to the City Engineer. Remington-Rand machine ~raverse or equivalent is recommended. Such traverse shall close within a limit of error of one foot (l') in ten thousand feet (lO,000'). #SECTION 9368. Lot Numbering. "The lots shall be numbered consecutively, commencing with the numeral "l", with no omissions or duplications; provided, that where the subdivision is a continuation of or an addition to an existing subdivision, the lot numbers may commence with the number immediately following the l~et or highest number of such existing subdivision. -26- ~a~? ?. FILIN~ FINAL MAP "SECTION 9370. Time Limit. "Within one (1) year after the date of approval or condi- tional approval of the tentative map by the City Council, the subdivider shall cause the proposed subdivision to be surveyed accurately and a final map thereof to be prepared in accordance with the tentative map and with any and all authorizations and changes required thereto; and, within said period, he shall file with the City Engineer a final map of the subdivision con- forming in all particulars to the provision of the Map Act and to the requirement of this Chapter. Failure to file a final map within the time limit established herein shall cause the abandonment of the subdivision proceedings. ~SE~0~ 9370.1. Material and Number of Maps. "The subdivider shall file ~he original and a duplicate tracing thereof made on tracing cloth of good quality and two white copies of the final map, and the original and a duplicate tracing thereo~ and two white copies of the title sheet. The City Engineer shall indicate the date of filing on all copies of the final map and accompanying data. mSECTION 9370.2. Certificates of Dedication. "In the event any dedication is to be made for public use the subdivider shall file a certificate of title, subdivision guarantee, or a dedication letter, in the name of the owner of the land, issued to or for the benefit and protection of the City of Santa Ana by a title company authorized by the laws of the State of California to write the same, showing all parties whose consent is necessary to pass clear title to the land being sub- divided, together with the nature cf their interest therein, except where the land contained in such subdivision is registered under the Land Registration Act (Torrens Act) in which latter case a certified copy of ~he Certificate ~f Title shall be furnished. - 27 - "SECTION 9370.3. Location of Special Fills. "A drawing and report shall be submitted showing all fills of twelve inches (12") or more. "~E~TION ?370.4. Filing of Improvement Plans. "The subdivider shall filo, either at the time of filing the final map or a~ a later date as hereinafter provided, detailed plans, profiles and specifications of the improvements to be in- stalled as required by the provisions of this Chapter and of all other improvements proposed to be installed by the subdivider in, on, over, or under any street or right-of-way, easement or parcel of land dedicated by the map including the estimatedcost thereof. ~$ECTION °371. Fee for Map Checking. "On receipt of the final map, the City Engineer shall notify the subdivider snd the subdivider shall pay a fee for checking the same. Such fee shall be twenty-five dollars ($25.00) per map plus one dollar ($1.00) for each lot or parcel in the pro- posed subdivision. "SECTION 9372. Consideration by Planning Director. "On receipt of the final map, the City Engineer shall immediately submit one (1) copy of the final map to the Planning Director. The Planning Director shall exemine said map and if it complies with the approved tentative map and any requirements imposed as a condition to the acceptance of said map, he shall so notify the City Engineer by a written statement. "~$aTION 9372.1. Certiflcstion by City Engineer. "The City Engineer shall check the final map as to correct- ness of surveying data, plans, profiles and specifications -28- of lmprovements~ oertifice.tes of dedication, acceptances of dedicstlons and acknowledgments and such other ma~ters as require checking to in~hre, compliance with the provisions of the law and the provisions of this Ohapter. If the final map is in the correct form prescribed by the Map Act and this Chapter and the matters shown thereon are sufficient, their correctness shall be certified on the map by the City Engineer in the form prescribed by the Map Act. He shall thereupon ~ranemit said map together wit2x said other materials to the Clerk of the Council for presentation to the City Council. ~SECTICN 9373. Improvement Plans and Profiles. #The plans and profiles of all improvements required by the provisions of this Part, as well as of other improvements proposed to be installed by the subdivider in, over or under any street, alley, way, easement or parcel of land where improve- monte are required or proposed shall be filed with the City Engineer. If all details, plans and profiles of improvements are not filed with the City Engineer at the time of filing of ~he final map, the faithful performance bond as required in Section 9374 below shall include a guarantee tha~ the remaining plane and profiles will be prepared in accordance with the re- quirement of the City Engineer. In all cases where topography controls the design, all details, plane and profiles of improve- ments required by the 0ity Engineer must be submitted at the time of filing of final map. ~$ECTIOM 9373.1. Completion of Improvements. mIf such improvement work is not completed to the satis- faction of the 0ity Engineer before the streets are offered for dedication ~he owner or owners of the subdivision, concurrently with the acceptance of the final map, shall enter into an agreement with the City Council agreeing to have the work com- pleted within the time specified. Said agreement may provide - 29 - for the improvements to be installed in unite, for extension of tlme under speclfled con~ltlons, and for the termination of the a~reement upon a reversion of the subdivision or a part thereof to acrea6e. "$EO~ION 03?4. Bond to Assure Completion of Surveys and Improvements. #To assure that the work specified in said agreement will be completed, that all stakes and monuments will be set and that all work performed by City forces will be paid for, a corporate surety bond must be furnished guaranteeing the faithful perfor- mance of the work and the payment of any coats tc ~h* O&ty ih a sum equal /to the total as approved by the City Engineer. *B~O$ 93?5. Certificate on Taxes or Assessments. #The official computing redemptions shall issue to the subdivider a certificate that according to the records of his office there are no liens for unpaid municipal taxes or special assessments collected as taxes, except taxes or special assess- mente not yet payable against said subdivision or any part thereof, and as to the latter an estimate of taxes and assessments that are a lien but not yet payable. '"SECTION 9375.1. Bond of Bubdividers Against Assessments. "In the event that the subdivision, or any part thereof, is subject to a special assessment which may be paid in full, the subdivider is authorized, in lieu of paying the same in full, to file a bond with the Board of Bupervisors of the County in an amount not lees than the unpaid balance of the principal of said special assessment payable to the County as Trustee for the assessment bondholders for the payment of such special assessments. mSE~TION :9376. Action by City Council. "At its next meeting or within a period of not more than ten (10) days after the filing of the final map with the City ComJ~loll, the 0ity Council shall approve said map if the same conforms to all the requirements of the Map Act and of this - 30 - Chapter applicable at the timeof approval of ~he tentative map and any rulings made thereunder. At the time of approval said Council shall also accept or reject any or all offers of dedication and as a condition precedent to the acceptance of any streets or easement shall require ~hat the subdivider improve said streets or easements in accordance with this Chapter. Upon the execution by the subdivider of said agree- ment and the posting of the bond or the deposit of money or negotiable bonds required by this Part, the map of said sub- division forthwith shall be approved and accepted for recordation. Title to property so accepted shall not pass until the final map is duly recorded under the provisions of the Map ~t and of this Chapter. ,~EC~ION 9377. Continuing Offer of Dedication. #If at the time the final map is approved, any streets are rejected, the offer of dedication shall be deemed to remain open and shall not be subject to revocation; and the City Council may ~ ~eaolu~lon at any later date and without further action by the subdivider rescind its action and accept and open said streets for public use, which acceptance shall be recorded in the office of the County Recorder. If a reeubdivielon or map showing reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the City Oouncil. "~A~ 8. NECESSITY FOR COMPLIANCE '~ECTION 0380. Necessity for Compliance. Nit shall be unlawful to sell, offer for sale or cause or permit to be sold or offered for sale any portion of any subdivision of real property, improved or unimproved, in the - 31 - City of Santa Aha unless and until the requirements set out in this Chapter have been complied with. ".~ECTION 9380.1. Limitation on Property Use. "No building permit or other official evidence of authority for use of premises shall be issued for any lot or parcel of land unless: "(a) such lot or parcel of land is recorded in the office of the County ~ecorder of Orange County as a part of a subdivision or as a part of a Record of Survey; "(b) such lot or parcel of land has resulted from a division of a lot, parcel or parcels of land in the manner prescribed by this Chapter. "(c) such lot or parcel of land existed as a separate and distinct parcel with exactly the same location and dimensions prior to the effective date of this Chapter. U(d) the lot or parcel of land ae enclosed in tentative map or a preliminary map as provided for in Part 4 or Part 5 hereof." BECTION 3. The Clerk of the Council shall certify to the passage of this Ordinance and shall cause the same to be published within 15 days after its adoption, in one issue of the Santa Aha Independent, the official newspaper of the City. This Ordinance shall take effect 30 days from and after the date of its final adoption. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the 3rd, day of ~L~y , 1954. ATTEBT: CLERK OF THE 0OUNCIL - 32 - STATE OF CALIFORNIA ) COUNT~ OF 0?ANGE ) SS OF SA m ) I, ERMA ~;~,..RR, do hereby certify that I am the Clerk of the Co~cil of the City of Santa Aha, california; that the fore- going Ordinance was regularly introduced at the regular meetimg of said City Council held on the 19~h day of April. , ~954 and was read tO said Council at its regular meeting held on the ~rd day of May , 1954 and was at said meeting regularly passed and adopted by said Council Dy the following vote, to-witz AYES, NOES, COUNCILMEN: William Jerome, J.L.McBrlde, Thomas F. Larsen, Milford W. Courtney R. Chandler COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF ,~ts COUNCIL -33-