HomeMy WebLinkAboutNS-1073ORDINANCE NS-1073 REPEALING AND RE-ENACTING
ARTICLE IV, ARTICLE V, AND ARTICLE VII OF
CHAPTER 34 OF THE SANTA AHA MUNICIPAL CODE
TO MAKE IT COMPATIBLE WITH THE STATE CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That Article IV of Chapter 34 of the Santa
Ana Municipal Code is hereby repealed and re-enacted to read
as follows:
ARTICLE IV. PARCEL MAP
Sec. 34-98. Applicability of article--Areas excluded.
The provisions of this article shall not have any effect
on or reference to an area included within a recorded final
map of subdivision into lots of not more than twelve
thousand (12,000) square feet.
Sec. 34-99. Applicability of article--Areas included.
Any conveyance of land to a governmental agency, public
entity or public utility shall not be considered a division
of land for purposes of computing the number of parcels.
This article shall apply to any division of any real
property, improved or unimproved, or a portion thereof, shown
on the latest adopted county tax roll as a unit or as
contiguous units, which is divided for the purpose of sale,
lease or financing, whether immediate or future, if any of
the following conditions prevail:
(1) The whole parcel before division contains less than
five (5) acres, each parcel created by the division abuts
upon a public street or highway and no dedications or im-
provements are required by the governing body.
(2) Any parcel or parcels divided into lots or parcels,
each of a gross area of twenty (20) acres or more, and each
of which has an approved access to a maintained public
street or highway.
(3) Any parcel or parcels of land having approved access
to a public street or highway which comprises part of a
tract of land zoned for industrial or commercial development,
and which has the approval of the governing body as to
street alignments and widths.
(4) Any parcel or parcels of land divided into lots or
parcels, each of a gross area of forty (40) acres or more,
or each of which is a quarter-quarter section or larger.
(5) Any parcel of land divided into four (4) or less
parcels.
Sec. 34-100. Other provisions to apply.
The provisions of articles I, II, and III of this chapter
shall apply to and have full force and effect upon all land
divisions covered by this article.
-1-
Sec. 34-101. Preliminary parcel map.
Copies of a preliminary parcel map filed under this
article showing the location and dimensions of the proposed lots
shall be filed with the Planning Director. The number of copies
shall be determined by the Planning Director.
Sec. 34-102. Additional information.
The planning director may require the subdivider under
this article to furnish additional information or data but
not more than that required in this chapter for a tentative
map on a subdivision of five (5) or more lots, whenever he
shall determine that such information or data is necessary
to insure the safe and reasonable development of the
neighborhood in conformance with the intent of this chapter.
Sec. 34-103. Procedure and time limits to consider map.
Within not more than thirty (30) days from the date of
receiving the preliminary parcel 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 shall approve,
conditionally approve, or disapprove said map.
Sec. 34-104. Assurance of improvement completion.
As a condition of its approval, the city council shall
require such bonds, contracts or other sureties as in its
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 improve-
ments under this article.
Sec. 34-105. Parcel map.
After approval of the preliminary parcel map by the City
Council, a map conforming to the preliminary parcel map as
approved shall be prepared by a licensed surveyor or registered
civil engineer and filed within one year as a parcel map
pursuant to the provisions of Section 8762 of the Business
and Professions Code of the State of California.
Upon application of the owner of the land contained within
the preliminary parcel map, an extension of time, not to
exceed one year, may be granted by the Planning Director. In
granting such extension of time, the Planning Director may
require compliance with additional requirements deemed necessary
to carry out the spirit and intent of this article.
Sec. 34-106. Conveyance of properties.
No property covered by the provisions of this article or
interest therein, may be conveyed prior to the filing of the
parcel map required in section 34-105.
Sec. 34-107. Penalties.
Any conveyance of property, or interest therein, made con-
trary to the provision of this article shall be subject to the
provisions of sections 11540 and 11540.1 of the Business and
professions code; and the chief building inspector of the
city shall not issue any permit for construction or repair of
any such structures on such property.
-2-
Sec. 34-108. Preparation by qualified person; compliance
with law.
The subdivider shall cause the preliminary parcel map of
land proposed to be subdivided to be prepared by a registered
engineer or a licensed land surveyor and such preliminary
map shall be in full compliance with this article and the
Subdivision Map Act.
Sec. 34-109. Appeal.
If the subdivider is dissatisfied with the decision or
recommendation made by the Planning Director, he may appeal
in accordance with Sections 34-129 through 34-133.
Secs. 34-110--34-118. Reserved.
ARTICLE V. TENTATIVE MAP
Sec. 34-119. Filinq map and data.
The subdivider of a subdivision shall file with the
Planning Director white copies of a tentative map of such
subdivision, which copies shall be accompanied by an owner's
statement and accompanying data as required and made in accor-
dance with the provisions of this article. 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 number of copies
shall be determined by the Plannind Director. The Planning
Director shall indicate the date of filing upon all copies of
the tentative map and accompanying data and thereafter shall
transmit one copy of the map to each of the following:
(1) the City Engineer;
(2) the Orange County Planning Commission;
(3) each city entitled by law to review and recommend
thereon;
(4) the Real Estate Commissioner of the State;
(5) the District Engineer of the Division of Highways
of the State;
(6) the school districts;
(7) the Parks Department;
(8) each privately owned utility serving the area.
One copy of the accompanying data, if any, shall be for-
warded to the City Engineer.
Sec. 34-120. Preparation by qualified person; compliance
with law.
The subdivider shall cause the tentative map of land pro-
posed 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 article and the Subdivision
Map Act.
-3-
Sec. 34-121. Form of maD.
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 it be smaller than one inch (1") equals one
hundred feet (100').
Sec. 34-122. Data to be shown.
The tentative map shall contain the following information:
(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 of record owners;
(5) The name and address of the subdivider;
(6) The name, business address and registered engineer's
number or licensed land surveyor's 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 approximate grades;
(10) The center lines of existing streets whenever such
have been officially designated by the city engineer
or county officials;
(11) The approximate widths and locations of all existing
or proposed easements for drainage, sewage and public
utilities;
(12) Approximate radius of each curve;
(13) Approximate lot layout and approximate dimensions
of each lot;
(14) 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
watercourses 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 nearest 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) Contours at two foot (2') intervals if slope less than
ten per cent (10%);
-4-
(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, exclusive of land-
ings; number of curb returns; and square feet of pave-
ment;
(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 resubdivided 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.
Sec. 34-123. Owner's statement.
Such of the information required in section 34-122 as may not
prac%icably be shown on the map shall be contained in owner's
written statement accompanying the same.
Sec. 34-124. Index map.
When the area to be subdivided is not shown on one sheet of
the required size, the planning director may require the sub-
mission of a map showing the entire area and indicating street
and lot lines only.
Sec. 34-125. Assistance from planninq director.
The planning director shall advise with the subdivider and
supply whatever information is available which can be of assistance
in the development of an efficient and beneficial residential,
commercial or industrial area.
Sec. 34-126. Consideration of tentative map.
Within a period of not more than fourteen (14) days from
the receipt of a copy of any tentative map, each city officer
or department to which such copy shall have been transmitted
shall file with the planning director his or its approval or
disapproval of such tentative map or a report showing what
changes are necessary or desirable to make such tentative map
conform to the requirements of this chapter coming within the
jurisdiction of such officer or department. Failure to file
the report shall indicate approval of the map.
Sec. 34-127. Actign on maD by planning director.
The planning director shall review the recommendations
of said departments and officers and, if satisfied that the
design of the subdivision conforms to the requirements of this
chapter, shall approve the map within thirty ~3Q) days ~..
after the filing of such map, unless such time is ex~ended by
agreement with the subdivider. If the planning director finds
that the map does not conform, or if substantive objections or
recommendations for changes have been made in the reports from city
officers or departments, the planning director shall disapprove
or conditionally approve the map within said time. He shall there-
upon notify the subdivider of his decisions and action.
-5-
Sec. 34-128. Transmittal to city council.
If no appeal to the planning commission is filed by the
subdivider as provided for in section 34-129, the planning
director shall, within thirty (30) days of the filing of the
tentative map by the subdivider, transmit a copy of the map,
the accompanying data, reports and recommendations made by the
city officials and a written statement of his own decisions and
recommendations to the city council.
Sec. 34-129. Appeal to planning commission.
If a subdivider is dissatisfied with the decision or recom-
mendations for modifications made by the planning director
under this article, 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 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.
Sec. 34-130. Hearinq by the planninq commission.
Such appeal from the planning director as provided in
section 34-129 shall be placed on the agenda of the planning
commission for its next regular meeting, at which time the
planning commission shall declare that a public hearing on the
matter will be held at its next subsequent regularly scheduled
meeting. The intervening time may be used by the planning
commission for further investigation of the matters in question.
Sec. 34-131. Decision by planninq commission.
At the regularly scheduled planning commission meeting set
for hearing of the appeal as provided in section 34-129, the
commission shall consider the request for reconsideration made
by the subdivider and shall seek such additional testimony or
advice as they may feel desirable to assist in reaching a decision.
The planning commission shall approve, modify or disapprove of
the decisions rendered by the planning director.
Sec. 34-132. Record of decision to city council.
Immediately following the rendering of a decision by the
planning conm~ission subsequent to the hearing of an appeal from
the decision of the planning director, a copy of the map,
accompanying data, reports and recommendations made by city officials
and a copy of any recommendations on or modifications of the map
made by the planning director and by the planning ~ommission shall
be transmitted by the planning director to the city council.
Sec. 34-133. Action by city council.
The city council shall approve, conditionally approve, or
disapprove, the tentative map and shall report the action thereo~
to the subdivider not later than ten (10) days following the first
meeting of the city council subsequent to the date on which the
report from the planning director or the city planning commission
was received.
-6-
Secs. 34-134--34-144. Reserved.
ARTICLE VII. FILING FINAL MAP
Sec. 34-176. Time Limit.
Within eighteen (18) months after the date of approval or
conditional 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 Conforming
in all particulars to the provision of the Map Act and to the
requirements of this Chapter. Failure to file a final map within
the time limit established herein shall cause abandonment of the
subdivision proceedings.
Upon application of the subdivider, an extension of time,
not to exceed two (2) years,may be granted by the Planning
Director. In granting such extension of time, the Planning
Director may require compliance with additional requirements
deemed necessary to carry out the spirit and intent of this
article.
Sec. 34-177. Material and number of maps.
The subdivider shall file the original and a duplicate
tracing thereof made on tracing cloth of good quality and
two (2) white copies of the final map, and the original and a
duplicate tracing thereof and two (2) 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.
Sec. 34-178. 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 tne name of the owner
of the land, issued to or for the benefit and protection of the
city by a title company authorized by the laws of the state
to write the same, showing all parties whose consent is necessary
to pass clear title to the land being subdivided, together with
the nature of 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 the certificate of title shall be furnished.
Sec. 34-179. Location of special fills.
A drawing and report shall be submitted showing all fills
of twelve inches (12") or more.
Sec. 34-180. Filinq of improvement plans.
The subdivider shall file, either at the time of filing the
final map or at a later date as hereinafter provided, detailed
plans, profiles and specifications of the improvements to be
installed 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 estimate cost
thereof.
-7-
Sec. 34-181. Fee for map checkinq.
On receipt of the final map, the city engineer shall notify
the subdivider and 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
proposed subdivision.
Sec. 34-182. Consideration by planninq director.
On receipt of the final map, the city engineer shall imme-
diately submit one copy of the final map to the planning directo~
The planning director shall examine 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.
Sec. 34-183. Certification by city enqineer.
The city engineer shall check the final map as to correctness
of surveying data, plans, profiles and specifications of improve-
ments, certificates of dedication, acceptances of dedications and
acknowledgments and such other matters as require checking to
insure compliance with the provisions of the law and the provisions
of this chapter. If the final map is in the correct form prescribe~
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 sham
thereupon transmit said map together with said other materials
to the clerk of the council for presentation to the city council.
Sec. 34-184. Improvement plans and profiles.
The plans and profiles of all improvements required by the
provisions of this article, 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
improvements are required or proposed shall be filed with the
city engineer. If all details, plans and profiles of improve-
ments are not filed with the city engineer at the time of filing
of the final map, the faithful performance bond as required in
section 34-186 below shall include a guarantee that the remaining
plans a~d profiles will be prepared in accordance with the
requirement of the city engineer. In all cases where topography
controls the design, all details, plans and profiles of improve-
ments required by the city engineer must be submitted at the
time of filing of final map.
Sec. 34-185. Completion of improvements.
If such improvement work is not completed to the satisfaction
of the city engineer before the streets are offered for dedication,
the 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 completed within the time
specified. Said agreement may provide for the improvements to
be installed in units, for extension of time under specified
conditions, and for the termination of the agreement upon a re-
version of the subdivision or a part thereof to acreage.
-8-
Sec. 34-186. Bond to assure completion of surveys and
improvements.
To assure that the work specified in said agreement required
by section 34-185 will he completed, that all stakes and monuments
will he set and that all work performed by city forces will be
paid for, a corporate surety bond must be furnished guaranteeing
the faithful performance of the work and the payment of any costs
to the city in a sum equal to the total as approved by the city
engineer.
Sec. 34-187. 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 assessments, 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.
Sec. 34-188. Bond of subdividers 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 supervisors of the county in an
amount not less 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.
Sec. 34-189. 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 council,
the city council shall approve said map if the same conforms to
all the requirements of the map act and of this chapter applicable
at the time of approval of the 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 easements shall
require that the subdivider improve said streets or easements in
accordance with this chapter. Upon the execution by the subdivider
of said agreement and the posting of the bond or the deposit of
money or negotiable bonds required by this article, the map of
said subdivision 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 act
and of this chapter.
Sec. 34-190. 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,
by resolution 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 re-subdivision 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 council.
-9-
Sec. 34-191. Drainage areas--Established.
The city is divided into thirteen (13) local drainage areas.
Development of property within said local drainage areas will
require construction of the facilities described in the engineering
studies and reports adopted by the drainage element of the master
plan; the fees established for drainage are fairly apportioned
within the local drainage areas on the basis of need for said local
drainage facilities created by subdivision or other development of
properties within said areas which will increase runoff by coverage
of absorption area and by increase of demand for protection from
storm waters, and are fairly proportioned on the basis of benefits
conferred on the properties that may hereafter be subdivided or
otherwise developed within said areas; the fee as to any property
within any local drainage area does not exceed the pro rata share
of the amount of the total estimated cost of all facilities within
the local drainage area which would be assessable on such property
if such costs were apportioned uniformly on a per acreage basis.
Drainage facilities planned are in addition to existing local
drainage facilities serving the areas on March 5, 1962.
Sec. 34-192. Same--Accountinq and disbursement of fees.
Fees paid under the requirements of section 34-193 shall
be placed in a special fund to be known as "Planned Local
Drainage Facilities Fund" and shall carry an area designation.
A separate fund is established and shall be maintained for each
local drainage area and shall be established as an accounting
fund upon the receipt of the first fees paid for each of said
local drainage areas. Moneys in each such fund shall be expended
solely for the construction, or reimbursement for construction,
of local drainage facilities within the planned local drainage
area from which the fees comprising the fund were collected. By
special agreement with the city council, the city may accept rights -
of-way or other consideration necessary to the completion of the
drainage facilities within the local drainage areas in lieu of
cash payment of the amount of the fee provided.
Sec. 34-193. Same--Fees established.
The thirteen (13) local drainage areas shall be known as
"Local Drainage Area No. I" and continuing through "Local Drainage
Area No. XIII".
No final subdivision map or final record of survey map shall
be approved in any of the local drainage areas until the fee
hereinbelow provided for has been paid in cash or by other and
equal consideration as provided for in section 34-192.
The fee to be paid for any land being subdivided or developed
in each of the local drainage areas is as set out after the name
of said local drainage area hereinbelow. The dollar figure
stated for each area is for each gross acre of land, and said
figure shall be proportionately reduced, for any fraotion of an
acre being subdivided or developed, on an exact percentage basis.
The fees required are fixed as follows:
Local Drainage Area No. I
Local Drainage Area No. II
Local Drainage Area No.~III
Local Drainage Area No. IV
$830.00
$800.00
$90O.00
$59O.0O
-10-
Local
Local
Local
Local
Local
Local
Local
Local
Local
Drainage
Drainage
Drainage
Drainage
Drainage
Drainage
Drainage
Drainage
Drainage
Area No. V $885.00
Area No. VI $665.00
Area No. VII $770.00
Area No. VIII $605.00
Area No. IX $470.00
Area No. X $650.00
Area No. XI $785.00
Area NO. XII $300.00
Area No. XIII $265.00
Sec. 34-194. Same--Maps adopted.
The local drainage areas shall contain all territory as
shown, and said areas are bounded as is shown, on the thirteen
(13) separate maps which are by reference made a part hereof,
each of which said maps bears the name of one of said drainage
areas and clearly shows the exterior boundaries of said area,
and each of said areas is fixed as shown on the map bearing the
name and number of said local drainage area. A copy of each of
said maps shall be filed in the office of the clerk of the
council, and a copy of each of said maps shall be kept on file
in the office of the department of public works of the city.
Sec. 34-195. Same--Amendments.
When an existing local drainage area is amended to add
territory thereto or a new local drainage area is created and
such amendment has been in effect for a period of thirty (30)
days, all of the provisions of sections 34-191, 34-192, 34-193
and 34-194 shall apply to the territory so added as though said
territory had been in a local drainage area on May 6, 1962, the
date when the provisions of said sections first became effective.
SECTION 2: That this Ordinance shall take effect thirty
days from and after the date of its adoption.
PASSED AND ADOPTEU by the City Council of the City of
Santa Ana at its regular meeting held on the 15th day of March,
1971.
ATTEST:
CLERK OF THE COUNCIL
MAYOR
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the foregoing
Ordinance was introduced to said Council at its regular meeting
held on the 1st day of March, 1971, and was again considered by
said Council at its meeting held on the 15th day of March, 1971,
and was at said meeting passed and adopted by the following vote,
to wit:
AYES, COUNCILMEN: Herri~, Evams, Markel, Patterson, Villa,
Yamamot o, Griset
NOES, COUNCILMEN: Nome
ABSENT, COUNCILMEN: Noae
CLERK OF THE 'COUNCIL
-11-