HomeMy WebLinkAbout46 - Regulations for SubdivisionsORDINANCE, NO. 46.
AN ORDINANCE PROVIDING RISGULATI(,NS FOR SUBDIVISIONS OF LAND IN THE
CITY OF COSTA MESA, CALIFORNIA, AND FOR THE PREPARATION AND PRESENTATION
OF MAPS THEREOF, AND PRESCRIBING PENALTIES FOR ITC) VIOLATION.
ARTICLE I
AUTHORITY
SECTION 1. AUTHORITY. Pursuant to the "Subdivision Map Act"
of the State of California, as 4. n�'•' exists or may hereafter be amended
the provisions of this ordinance are suppLemental to those of said Act,
and shall apply to all subdivisionF of land hereafter made when said land
is entirely, or partially, within tyl.!p- liMits of the City of Costa Mesa.
The Costa Mesa Planning Commission is hereby designated as the "advisory
agency" referred to in said Act, and.is charged with the duty of making
investigations and repirts on the design and improvement of proposed
subdivisions; and is hereby authorized to approve, c �..ditionaliy
an)rove or disapprove tentative maps of subdivisions prepared Ord
riled Sccording to this ordinance and the said "Oubd.ivision Man X.ct",
to i,?cummend the kinds, nature and. extent of the i!,-)rovements required
to be installed in subdivisions, and to report to the City Council
the action taken on tentative maps.
.Ci-aTICLE II
STr:IvDtiD OF DE-IGNS .
SECTION 1. CONFURMnNCE TO PLANS. A subdivision plan shall con-
form to the official plan of streets. In the absence of an official
plan of streets and highways, there shall be substantial conformance to
the master plan. In the absence of a master plan, the street system in
a proposed subdivision shall relate to the existing streets in the area
adjoining the subdivision. All existing streets adjacent to a subdivision
need not necessarily be carried into a i_ew subdivision.
SECTI�N' 2. 13TREETS AND HIGITNAYS.
SECTION 2.1. :AIIDTH OF STREETS. Streets shall have the following
minimum widths:
(a). MAJOR HIGHWAYS. Minimum vridths for major highway,
service road and plantinm strips shall be:
-1-
Center ,planting strip 20 feet
Roadway (2) 36 feet
Planting Strip (2) 20 feet
Service road (2) 32 feet
Parkway (2) 5 feet
Sidewalk (2) 5 feet
(b) THOROUGHFARES. Thoroughfare street ��ights of way shall
be not less than 60 feet wide.
(c) LOCAL STRE::�iS . Short local street right of way shall
De not less than .150 feet wide.
(d) SPECIAL LOCAL Curved secondary streets shall.
have a center line radius of not less than five hundred (500) feet.
Lesser radii may be used if evidence indicates above requirements are
not practicE.ble.
(e) DEAD END STREETS. Dead end streets shall be terminated
by a turn -around not less than 100 feet in diameter. Cul-de-sac and
minor streets shall be subject to individual determination by the
City. Stub streets or rights-of-way may be required to the edge of the
subdivision.
SECTION 2.2 STREET GRADES. Street grades between 6 percent
and 10 pert;: nt will be approved only for such distances as
topographical conditions make a lesser grade impractical. h grade
exceeding 10 percent will be approved only when conclusive evidence
shows -that a lesser grade is impractical.
SECTION 2.3. CURVED STREETS. Curved streets in comparatively
level locations shall have a center -line radius of 500 feet or greater
and 300 feet or greater in steep hillside locations.
SECTION 2.4. STREET CORNER RADIUS. Street corners shall have a
minimum 25 foot curb radius with the property line designed so as not
to reduce the parkway widths.
SECTION 2.5. STREET CONNECTIONS. All street connections shall
be at approximate right angles.
SECTION 2.6. STREET ALIGNKENT. Streets which are a continuation
of :streets in contiguous territory shall be so aligned as to assure
that their uenter lines shall coincide. In cases, where straight con-
tinuations are not physically possible, such center line shall be
continued by curves.
-2-
SECTION 2.7. STREETS WHERE Nu OFFICI11L PLAN EXISTS. In
areas where no official plans exist, the layout of all improvements
including roadways, curbs, parkways, dividing strips, sidewalks, sewer
lines and water mains within the rights-of-way of all highways, streets,
alleys and utility easement shall be in accordance with standards
established by the City Council and where no such standards have been
adopted the arrangement shall be subject to approval by the City.
SECTION 3. ALLEYS AND 'WALKWAYS.
SECTION 3.1. WIDTH OF ALLEYS. Improved alleys 20 feet wide
shall be provided at the rear of all lots.
SLCTION 3.2. ALLEY INTERSECTIONS. All alley intersections
shall have corner cut-backs of not less than 10 foot radius.
SECTIuN 3.3. ALLEYS IN REAR OF BUSINESS. Alleys in the rear
of business, industrial or income property shall be designed and located
according to the plan for the development of the particular use in-
volved.
SECTION 3.4. WALKWAYS. Walkways shall have a minimum width
T ! k)'
of —e () feet and shall be improved by City specifications.
SECTION 4. LOTS : WIDTH: AREA: SIDE LINES.
:RECTI uN 4.1 CORNER LOTS. Corner lots shall have a minimum
width of 60 feet.
SECTION 4.2. OTHER LOTS. The minimum size of all other lots
shall be 50 feet wide and contain 6,000 square .feet.
SECTION 4.3. SIDE LINES OF LOTS. Side lines of lots shall be
approximately normal to the street line.
SECTION 4.4. LARGE LOTS: FUTURE SUBDIVISIuN"�. When large
lots are proposed, the shape, building locations and building lines
may be required to be so established as to make it practical to re -
subdivide the lots into building sites approximately 50 feet wide by
120 feet deep without injury to adjoining lots,
-3-
SECTION b. UTILITY EASENfENTS. Overhead utility lines shall
be located at the rear of all lots,,e-e-, .
SECTION 6. LENGTH: SET BACK. LINES.
SECTION 6.1 LENGTH OF BLOCKS. Blocks less than 1200 feet in
length may be cause foi disapproval of a tentative map.
SECTION 6.2 bi AL"' JAYS IN LONG BLOCK. Pedestrian ways at
least lO .feet wide may be required in long blocks.
SECTION 6.3 FROPT SET BACK LINES. The front set back line
for buildings on lots shall not be less than 25 feet.
SECTION 6.4 :NIDE SET BACK LINES. Residences shall not be
built nearer that-, 5 feet to any lot side line.
S-�CTION 6.5. SET BPXK LINES IN PARK AREAS. Set back lines in
park areas shall be established so as to control recreational use and
building locations.
ARTICLE III.
TENTATIVE NAPS.
SECTION 1. REQUIREMENTS.
3SCTION 1.1 Title of subdivision and description of
property.
SECTION 1.2 Name and address of owner and subdivider..
SECTION 1.3 Name and address of person preparing map.
SECTION 1.4 Apbroximate acreage.
SECTION 1.5 North point.
SLCTION 1.6 Scale.
SECTION 1.7 Date.
SECTION 1.8 Boundary line.
SECTION 1.9 Location and name of streets.
SECTION 1.10 :didth of streets.
SECTI.uN 1.11 Name, location Ona width of adjacent streets.
SECTION 1.12 Proposed street grades.
,.:,.,ACTION 1.13 Street grades beyond tract.
S!;CTION 1.19- Cross sections of proposed street improvements.
ME
SECTION 1.15 Width of alleys.
SECTION 1.16 Width of easements.
SECTION 1.17 Dimensions of reservations.
SECTION 1.18 Existing structures.
SECTION 1.19 Location of existing and proposed public
utilities.
SECTION 1.20 Existing sewers.
SECTION 1.21 Elevation of sewers at proposed connections.
SECTION 1.22 Existing water mains.
SECTION 1.23 Existing culverts and drain pipes.
SECTION 1.24 Water courses.
SECTION`.1.25 Land subject to overflow, inundation or flood
hazard.
SECTION 1.26 Railroads.
SECTION 1.27 Lot lines and approximate dimensions.
SECTION 1.28 Approximate radius of curves.
SECTION 1.29 Setback lines.
SECTION 1.30 Lands and parks to be dedicated for public
use..
SECTION 1.31 Contours at 5 foot intervals if slope (Jrzeater
than 10 percent.
SECTION 1.32 Contours at 2 foot intervals if slope less
than 10 percent. 4
SECTION 1.33 Proposed land use:
a.. Single family
b. Multi -family
c. Business
d. Industrial
SECTION 1.34- Name of adjoining subdivisions.
SECTION 1.35 Existing use of property immediately
surrounding the tract.
SECTION 1.36 Land registered.
SECTION 2. PROCEDURE.
SECTION 2.1 PREPARATION OF MAP: FILING PLACE. The tentative
map shall be prepared in accordance with the "Subdivision Map Act"
and the provisions of this Ordinance, and shall be filed with the
Costa Mesa City Planning Commission.
-5
SECTION 2.2 TIME FOR FILING. Such filing should be prior to
the completion of final surveys of streets and lots and before the'start
of any grading or construction work within the proposed subdivision.
SECTION 2.3 NUMBER OF COPIES OF TENTATIVE MAP. The subdivider
shall ascertain of the Costa Mesa City Planning Commission the number
of required copies of the tentative map.
SECTION 2.4 STATEMENTS WITH TENTATIVE MAP. The tentative
map shall be accompanied by reports and written statements from the
subdivider giving essential information regarding the following matters:
a. Subdivision development plan.
b. Source, quality and an estimate of available
quantity of domestic water supply.
c. Type of street improvements and utilities which
the subdivider proposes to install.
d. Proposed method of sewage disposal.
e. Proposed storm water sewer (grade and size)..
f. Protective covenants to be recorded.
g. Proposed tree planting.
SECTION 2.5 FORWARDING OF COPIES OF Ti�PINTATIVE MAP BY
PLANNING COMMISSION. The Secretary of the Planning Commission shall
immediately on receiving the required copies of a tentative map,
forward one cony to each of the following:
a. City Superintendent of Streets.
b. City Engineer.
c. County Health Officer.
d. Any municipality entitled thereto.
e. Two copies to the District Engineer of the
division of Highways, State Department of
Public Works, when a State Highway is involved.
SECTIOiv 2.6 LtEPORT BY. OFFICERS OR DEPARTKENTS. Within 20
days after each County officer or department has received a copy of
the tentative nap, the officer or department shall make a report in
writing to the Planning Commission as to any recommendations in
connection with the tentatice map and its bearing on the particular
function of that official or department. Failure to so report shall
be deemed approval.
SECTION 2.7 ACTION BY PLANNING CO;VNISSIONwRECOYVLNDATION T0,
AND CuNSIDERATION BY, COUNCIL. Within 30 days after a tentative map
has been filed, the Planning Commission shall consider such map,
6-
and submit it to the council with the recommendations of the
commission thereon, within ten (10) days alter the consideration thereof
to the subdivider with the words "approved" or"disap,,roved", endorsed
thereon. In the event that such tentative map shall have been disapproved,
the reason for such disapproval shall be given. in a statement attached
to such tentative map outlining the changes which will be required before
such .map shall be acceptable.
SECTION 2.8 COPY OF TJIINTATIV � MAP TO ESTI.TE C01AAaSSIUN.
As soon as the Planning Commission has approved, conditionally
approved or disapproved the tentative map, a, copy shall be sent by
the Planning Commission to the Real Estate Commissioner of the State
of California, together with the action taken thereon by the Tanning
Commission,
ARTICLE IV
FINAL YLAP
SECTIUN 1. RE�UIREYIENTS.
SECTION 1.1 If more than 3 sheets are used, an index,, showing
entire subdivision, with lots numbered consecutively.
SECTION 1.2-1 Title, name of tract, date, north point and scale.
S,JCTIUN 1.3 Description of land included.
SECTION 1.4 Location and names, without abbreviations, of all
a. Proposed streets and alleys.
b. P.r000sed r,ubiic areas and easements.
c. Adjoining streets.
SECTION 1.5 Dimensions in feet and decimals of a foot.
SECTION 1.6 Dimensions of all lots.
SECTION 1.7 Center line data including bearings and distances.
SECTIuN 1..5 Radius, tangent, are and central angle of curves.
S.LJCTION 1.9 Suitable primary survey control points.
SECTION 1.10 Location of" all permanent monuments.
SECTION 1.11 Ties to <:xnd names of adjacent subdivisions.
SECTION 1.12 Ties to any city or count- boundary lines involved.
SECTION 1.13 Location of all setback lines.
SECTION 1.14 required certificaLes.
SECTION 1.15 Net acreage of oll lots of 1 acre or more.
-7-
SECTION 2. 1R0CEDU: E' FOR FILING
SECTION 2.1 (,F F'IE.;-L i�.A.P. After approval of
tentative map by the City i`lanning Commission and the City Council,
the subdivider may cause a final nap to be prepared in accordance
with a completed survey of the subdivision and in substantial
comnliance with the annroved tentative ma-, and in full compliance with
the "Subdivision Flap Act" and this ordinance.
SECTION 2.2 oIZE r'iND CuNTENT OF MAP.
(a) The final map shall. be clearly and legibly
delineated upon tracing cloth of good quality. All lines, letters,
figures, certificates, acknowledgments and signatures shall be made
in black waterproof india ink, except that affidavits, certificates
and acknowledgments may be legibly stamped or printed upon the map
with black opaque ink.
(b) The size of each sheet shall be lbx 26 inches.
(c) A marginal line shall be drawn completely
around each sheet, leaving an entirely blank margin of one inch.
(d) The scale of the map shall be large enough
to show all details clearly, and enough sheets shall be used to accom-
plish this end.
(e) Each sheet shall be numbered, the relation
of one sheet to another clearly shown, and the number of sheets used
shall be set forth on each sheet.
(f) The tract number, scale and north point shall
be shown on each sheet of the final map.
SECTION 2.3 TITLE SHEETS, Below the title shall be a sub-
title consisting of a general descri )tion of all the property being
subdivided, by reference to deeds, subCdvisions or to sectional surveys.
References to tracts and subdivions shall be shelled out and worded
identically with original records, with com?:)lete reference to proper
boob and pay>,e of the record. The title sheet shall show in addition
the basis of 'rearings. i�'aps Filed fog:- the ,)Urpose of i_,vertin, sut.-
divided land to acrea.`;e shall be conspicuously marked under the title
"The Purpose of this Map is a Reversion to l;creaEe. "
SECTION 2.4 CERTI ICATES. Forms for certificates required
by the "Subdivision Map Act" and this Ordinance may be secured from the
City Engineer.
SECTION 2.6 SURVEYING DATA FOR L6TS. Sufficient data shall
be shown to determine r=:adily the beari g and length of each line.
Dimensions of lots shall be the net dimensions. No ditto marks shall
be used. Lots containing one acre or more shall show net acrea-e to
nearest hundredth.
SECTION 2.6 SURVEYING D:::A.
SECTION 2.6.1 The final map shall show the center lines of
all streets; length, tangents, radii and central angles or radial bear-
ings of all curves, the total width of each street, the width. of
the portion being dedicated and the width of existing dedication and
the width of each side of the center line; also the width of rights-
of-way of railroads, flood control or drainage channels and any other
:asements existing or being- dedicated by the map.
SECTION 2.6.2 Surveys in connection with the preparation of
subdivision maps as in this ordinance provided shall be made in
accordance with standard practices and principles for land suhveying.
A traverse of the boundai.ies of the subdivisions and all lots and
blocks shall close.
SECTION 2.7 RECORD OF EAS 2vENTS. The final Nap shall show
the center line data, width and side lines of all easements to which
the lots are subject. If the easement is not definitely located of
record, a statement as to the easement shall appear on the title sheet.
Easements for storm drains, sewers and other purposes shall be
denoted by broken lines. Distances and bearings on the side lines
of the lots which are cut by an easement shall be so shown as to
indicate clearly the actual lengths of the lot lines. The .,idth of
the easement and the lengths and bearings of the lines thereof and
sufficient ties to locate the easement de'initely withh respect to the
subdivision shall be shown. The easement shall be clearly labeled
and identified and if already of record, proper r-i*erence to the
records given. Easements being dedicated shall be so indicated in
the ceAificate of dedication.
-9-
SECTION 2.8 EXISTING MONUYL,NTS. The final map shall
show clearly what stakes, monuments or other evidence was found on
the ground to determine the boundaries of the tract. The corners
of adjoining subdivisions or portions thereof shall be identified
and ties shown.
SECTION 2.9 ESTABLISHED LINES. Wherever the City Engineer
has established the center line of a s'":reet or alley, that data
shall be considered in making the surveys and in preparing the final
map, and all monuments found shall be indicated and proper references
made to field books or maps of public record, relating to the
monuments. If the points were reset by ties, that fact shall be
stated. The final map shall show city and county boundaries crossing
or adjoinging the subdivision clearly designated and tied. in.
SECTION 2.10 LOT NUMBERS. The lots shall be numbered
consecutively, commencing with the number 1, 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 last or highest
number of such existing subdivision and in all other respects shall
conform with the preceding requirements. Each lot shall be shown
entirely on one sheet.
SECTION 2.11 PRuC�IDURE FOR FILING.
1.aCTION 2.11.1 TINE TO FILE. After receipt of the report
of the City Council a-oproving or conditionally approving the
tentative map, the subdivider may, within one (1) year from the date
of said approval, proceed to' prepare and file a final map as herein
provided. If such final map is not submitted within one (1) year
from the date of the approval of the tentative map, said map sb.all
be considered abandoned.
SECTION 2.12 ADDITIONAL INFORMATION REQUIRED. After
receipt of the report of the Costa Mesa , Planning Commission ap-
proving or conditionally approving the tentative map, the subdivider
may submit to the City Engineer the original final map and a
duplicate tracing thereof made on good tracing cloth. The final map
-10-
shall be completed in accordance with the "Subdivision Map Act" and
this Ordinance and shall be accompanied by:
a. Tvaveise sheets and work sheets showing the
closure, within the allowable limits of error,
of the exterior boundaries and of each iri°egular
block and lot of the subdivision.
b. Plans and specifications of the proposed improve-
ments together with the necessary bonds or guar-
antees as provided herein.
c. A copy of the protective covenants to be recorded.
d.. A memorandum in duplicate showing:
1. The total area of the subdivision.
2. The total area in streets.
3. The total ai°ea in lots.
4. The area, in parks, shhcol sites, or other
lands offered for dedication or reserved for
dedication or reserved for future public or
quasi -public use.
SECTION 2.13 PLACE OF F'TLITIG : DITTIES OF CITY .,t�NGINEER. The
fee for examining a final map shall be $5.00, jDrovided, that where a
large amount of checking is required and/or field serves are nec-
essary to check the accuracy of the data shown on the final crap, an
additional fee estimated by the City Engineer to be sufficient to
cover the actual cost shall be depositec). with him. Provided furth;r,
that any balance shall be r: --turned to the suodivider, or in case the
fee is not sufficient, the subdivider shall pay the difference between
the estimated and actual cost of examination.
After issuance of a receipt for the rinal .n).ap, the City Engineer
shall examine it as to sufficiency oi' affidavits and acknowledU,ements,
correctness of surveying data, mathematical data and computations
and such other mal:ters as i. _quire checking to insure compliance with
the provisions of the "Subdivision Map Act" and of this Ordinance.
SE�TIGN 2.11, T 'ANSI TAL TO CITY CQUNCIL,
If the final mai)is ound to e in correct form and the matters
shown thereon are sufficient, "-he Oity �,ngineer shall endorse his
approval thereon and transmit it to t -.E Gity Council together
with oians and specifications of -oro osea i;u,J:ovem.ents and such. oth.er
matters as are required to enable the City Council to consider
the f ii a.l map, or return the l inal. ma -o ,-,o t' e subdivide -L, togei: i'!r ],
with a statement setting forth the -rounds for its return.
-11-
SECTION 3. DEDICATIONS AND IiVrROVEMENTS .
SECTION 3.1 DEDICATION OF STHur,TS.. All streets, highways
and parcels of land shown on the final map and intended for any
public use shall be offered for dedication for -public use..
SECTION 3.2 FUTURE DEDICATION. Streets or portions of
streets may be offered for future dedication where the immediate.
opening and improvement is not required, but where it is necessary
to insure that the City can later accept dedication when said streets
are needed for the further development of the area or adjacent areas.
SECTION 3.3 AGREEN.M TO MAKE I�ROVEMr NTS . The sub-
divider shall improve, or agree to improve,; all land dedicated for
streets, highways, public ways and easements as a conditon
precedent to acceptance and approval of the final map. Such
improvements shall include such grading, surfacing, sidewalks,
curbs, gutters, culverts, bridges, storm drains, water mains and
service connections to the property line with cut-off valves,
sanitary sewers and such other structures or improvements as may be
required by ordinance or deemed by the City Council to be necessary
for the general use of the lot owners in the subdivision and local
neighborhood traffic and drainage needs.
SECTION 3.4 GRADES. All improvements shall be installed to
grades approved by the City Engineer.
SECTION 3.5 PLANS, PROFILES AND SPECIFICATIvNS. :dans,
profiles and specifications of proposed improvements shall be
f'.zrnished to the City Engineer prior to the time of submitting the
final map to himi and be approved by the City Engineer before the
map shall be filed with the City Council. Such plans and profiles
shall show full details of the pro>>osed improvements which shall
be according to the standards of the City of Costa Mesa.
SECTION 3..6 r�GRE M R?T BY SUBDIVIDER VITH CITY. If' such
improvement work be not completed satisfactorily before the final
mapis approved, the owner or ol�rners of the subdivision shall,
-12-
immediately upon approval and before the certification of the final
map by the City enter as contractor into an- agreement with the City
Council whereby, in consideration of the acceptance by the City Council
of the street and easements offered for dedication, the contractor
agrees to complete the work within the time specified in the agreement.
SECTION 3.7. BOND. To assure the City that this work will
be completed, a bond. shall be furnished guaranteeing the faithful
performance of the work in the sum equal to the estimated cost.
This bond may be furnished by a qualified surety company, except in
cases where a cash deposit is required by the City Council.
SECTION 4. IV11ROVENLMS PE:UIKED. The minimum improvements
,vThich the subdivider will be required to make or enter into an
agreement to make in the subdivision prior to the acceptance and
approval of the final map by the City Council shall be:
(a) Adequate distribution lines for domestic water supply
to each lot.
(b) Sewage collecting system where main lines of an adequate
disposal system are available.
(c) Adequate drainage of the subdivision streets, highways,
ways and alleys.
(d) Adequate grads ng and surfacing of streets, higrrTays, ways
and alleys.
(e) Curbs and gutters, cross gutters and, where required,
sidewalks.
(f) Monuments..
(g) Fire hydrants at location designated by the City Engineer.
(h.) Street name signs, two (2) to each intersection.
(i) Necessary barricades and safety devices.
All. such imp oovements shall conform to the standards and spec-
ifications established by resolution of the City Council.
-1a-
ARTTC:,. V
SUBDIVISIONS OF LESS THAN FIVE PARCELS
WHERE STREET WORK RE, UIRED
SECTION 1. APPLICATION. 4hen any person desires to sub-
divide a piece of land within theCity into two, three or four separate
lots or parcels, and where such subdivision map contains existing or
proposed public streets, highways, alleys, lanes, narks, courts,
squares, places or parking lots or provisions for enlarging or
changing the boundaries of, or necessitating the performance of work
by the City in, or on, any public streets, highways, alleys, lanes,
parks, squares, courts, sidewalks, places or parking, lots, all the
provisions of Articles I, II, III and IV of this Ordinance applicable
to the procedure with reference to subdivisions of five or mare lots
shall. opply Leith reference to subdivisions of two, three or four
separate lots.
raci'rl ��r; VI
SUBDIVISIONS OF FEiN.ER TERN FIVE LOTS
WHERE NO STREETS OR STREET IMPROVEMENTS INVOLVED
SECTION 1. COPIES OF PROPOSED NAP TO BE FILED WITH CITY
ENGINE -1Q. ;very person desiring; to subdivide a piece of land in the
City into two, three or four separate lots or p,,,rcels, except where
such subdivision map contains proposed or existing public streets,
highways, alleys, lanes, parks, squares, courts, places, or parking
lots, or, provisions for the enlarging or changing the boundaries of,
or necessitating the performance of work by the City in, or on, any
public streets, highways, alleys, lanes, parks, squares, courts,
sidewalks or parking lots, shall first file with the City Engineer
of the 8ity four signed legible copies of a map thereof on sheets
of good paper or tracing cloth eight and one half' (8-1-) inches wide
by eleven (11) inches long.
SECTION 2. EXr'1I++iINATION - APPROV:"LL . On receipt of such map,
the Cit yEngineer shall forthwith examine the same to ascertain whether
or not it shall have complied with all the requirements of the con -
stitution and statutes of the State of California and of the
ordinances of the City. In the event the City Engineer shall have
found that such map complies with all legal requirements he shall
forthwith approve such map.
SECTIGN 3. FILING MAP 'WnN �-:FFROVED. In the event of the
approval by the City Engineer of such map, the City Engineer shall
forthwith notify by mail the person having filed such map; the City
Zngineer shall indicate such approval by his sign=ature on the face
thereof, and shall forthwith deliver in person or by mail, for filing,
one copy of such map to each of the following: City Building Inspector,
City Assessor, both, cif said City, and the County assessor of Grange
County. The City Engineer shall retain one copy thereof, and file such
copy in his office.
SECTION 3.1 RECORDING NOT REQUIRED. It shall not be neces-
sary to record such map, or any portion thereof.
SECTION 4. REJECTION OR N:ODIFICATION BY CITY ENGINEER -
FILING MO AS MODIFIED. In the event that the City Engineer shell
have found that such map does not comply with such legal requirements,
or some thereof, he shall reject such map, or order its modification
to conform with such le gc-1 requirements. In the event of such.
rejection or order for modification by the City :engineer, he shall
forthwith notify by mail the person filing arh map of his action with
.reference thereto. In the event that the City Engineer sh si.].l have
found that a modification of such map is necessary, the applicant
may then amend or modify such map and the copies thereof, to conform
v;ith sLeh order of City En, ineer, or prepare a. new map, and ftle f=
copies thereof' with City Engineer in the form and manner hereinbefore
provided.. The same procedure provided with reference to the filing,
approval, rejection, or modification of the original map shall be
followed with reference to such amended, modified, or new map.
SECTION 5. APPEAL FROM ORDER OF IVIGDIFICiiTIGN GR REJECTION -
LIMIT, -:TION. In the event that such map shall have been ordered modi-
-le-
fled by the City 'Engineer, and the person filing map shall not have
modified it in accordance with such order, or in the event such map
shall have been rejected by the City Engineer, the applicant may file
an appeal in writing from the decision of the City Engineer with the
commission within thirty days after the mailing or delivery of such
order for modification, or such rejection. In the event such appeal
be not filed within such thirty --day period, the application to file
such map shall be deemed denied, and applicant and his successors and
assigns shall be barred from filing a new application with reference
to such lot or parcel for a period of one year from the expiration
of such period of thirty days.
SECTION 6. NOTICE OF HEARING BY PL%N NING COMMISSION. In
the event of such appeal, and immediately on receipt thereof by the
commission, the secretary thereof shall set the same for bearing at
its next regular meeting, provided such next regular meeting is not
less than ten days after the date of filing such appeal. In the event
such next regular meeting is to be held less than ten days thereafter,
such hearing on appeal sh all be set for the next succeeding regular
meeting of the commission.
SECTION 6.1 NOTICE TO APPLICANT. At least ten days prior
to the date for which such hearing shall have been set, the secretary
of the commission chall mail to the appellant, a notice of the time
and place of such hearing.
SECTION 7. HhARING BY PLA14NING CONYISSION - R:ECOYM61\D«TION.
On the date so fixed, the commission shall hear all evidence offered
by such appellant and shall make findngs thereon.
If the commission shall have found from such evidence that
such map complies with all of the aforesaid legal requirements, it
must recommend to the bouncil that such map be approved. Utherwise,it
must recommend the modification or rejection thereof.
The commission, forthwith, after its decision, shall send a
copy of its recommendation in writinm to the Council.
-16-
SECTION 8. HEARING BY CITY COUNCIL FINDINGS - DECISION
FIEAL. The Council at its regular meeting next subsequent to its
receipt of such .recommendation shall hear such evidence as may be
introduced, andmake findings thereon.
If the Council shall have found from such evidence that such
map complies with all the aforesaid legal requirements, it must order
the City Engineer to signify his approval on the face thereof, in
whcih case the City Engineer must so signify his approval.
If the Council shall have found that such map does not conform
with such legal requirements, it must order its modification so to
conform, or its rejection.
The findings and action thereon of the Council shall be
final and conclusive.
SECTION 9. FILING NAP ON APPROVE L. In the event of approval
of such map by the Council, the City Clerk shall forthwith notify
the applicant by mail, and shall ib rtbwit:h deliver in person or by
mail, for filing, one copy of such map to each of the follovfng:
City Engineer, City Building Inspector, and City Assessor, all of
said City, and. the Count,Assessor of Orange County.
SECTION 9.1 RECuRDINt:r NOT REQUIRED. It shall not be neces-
sary to record such map or any copy thereof.
SECTION 10. ODDER OF REJECTIGN BY. CITY COUNCIL. In the
event, of rejection or modification of such map by the Council, said
City Clerk shall forthwith notify the ep pli.c ant by mail.
In the event modification has been ordered by the Council,
such applicant may thereupon amend of°modify such map in accordance
with the action of the Council, or prepare a new map, and file four
copies thereof with the City Engineer as hereinbefore provided. The
same procedure hercinbefore provided with reference to the filing,
approval, rejection, or modification of the original map shall be
follc&%Ted with reference to such amended, modified or re w map.
SECTION 11.. REJECTION BY. CITY COUNCIL - LIN;ITj%TIUN. In
the event the Council shall have rejected such. map, applicant and his
successors and assigns shall be barred for a period of one ,year from
the date of such rejection from again applying for the filing of a
map for a subdivision of such real property or any part thereof.
ARTICLE VII
FEES
SECTION 1. CHECK2NG FEE ON TENTATIVE NAPS. A fee shall be
paid to the City to cover costs of checking each tentative map or maps
in the sum of Twenty -Five (425.0O) Dollars, plus One ( $1.00) Dollar
per lot, for each subdivision other than a subdivision consolidating
properties into one lot, or for a subdivision for the purpose of
reversion to acreage.
SECTION 2. FINS! UuLP. Fees shall be paid in the follow. ng
amounts:
SECTICJN 2.1 FEE PER LUT. Ten (410.00) Dollars per lot
contained in a subdivision or Record of Survey, payable to the City,
for prorata share of the cost of acquiring parks and recreational
areas, and for bringing rural type road grades to a comprehensive
ultimate urban street grade.
SECTION 2.2 CHECKING FEE. The fee for examining a final
map shall be Five (45.00) Dollars, provided that wIe-re a large amount
of checking is required and/or field surveys are necessary to ch.eck
the accuracy of the data shown on the final map, an additional fee
estimated by the City Engineer to be sufficient to cover the actual
cost shall be deposited i2th him. Provided further, that any balance
shall be returned to the subdivider, or in case the fee is not suffi-
cient, the subdivider shall pay the difference between the estimated
and actual cost of examination.
SECTION 2.3 ENGINEERING x;NO INSPECTION FE'E, UN STREET
IiI'RUVEi�iENTS. At the time the plans, profiles and specifications
of proposed street improvements are submitted to the City Street
Department foi, its approval, the subdivider shall. pay to the said
Street Department as fees for engineering and inspection the follow-
ing amounts:
(a) 32 ; of that portion of the cost of improvements which
is $25,000.00 or less;
(b) 3/,Z' of that portion of the cost of improvement which
is more than $25,000.00 but less than $100,000.00;
(c) 2-y; of that portion of the cost of improvements which
is y 100,000.00 or more.
ARTICLE VIII
PENALTIES, VALIDITY, ADOPTION
SECTION 1. PENALTY FOR VIOL !.TIUN. Any person, firm or cor-
poration violating any of the provisions of this ordinance whall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not more thLn Five Hundred ($500.00) Dollars
or by imprisonment in the City of County Jail for a period of not more
than ninety (90) days, or both such fine and imprisonment. Each
such person, firm or corporation shall be deemed guilty of a separate
offense for every day during any portion of which any violation of any
provision of this ordinance, including any physical condition created
in violation of this ordinance, is permitted, contimied or committed
by such. person, firm or corporation and shall be punishable therefor
as provided for in this ordinance, and any lot, street, alley or other
feature made the subject of tris ordinance maintained contrary to the
provisions hereof shall constitute a public nuisance.
SECTION 2. VALIDITY. If any section, sub -section, clause or
phrase of this ordinance is, for any reason, held to be unconstitu-
tional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it
would have passed this m dinance, and each section, sub -section.,
sentence, clause, andvh.rase thereof, irrespective of the fact that
any one or more of the sections, sub -sections, sentences, clauses or
-11-
phrases might be declared unconstitutional.
SECTION 3. ADOPTION, The City Clerk shall certify to the adopt-
ion of this Ordi.nDn.ce, and prior to the expiration of fifteen (15)
days from the passage thereof, shall cause the same to be posted,with
the names of the members voting for and against the same, in three
places within the City, and thirty (30) days from and after the final
passage thereof, said Ordinance shall take effect and be in force in
the manner required by the laws and ordinances in the City of Costa
Mesa.
Ma t hDe City of Ccs to Niesa
ATTEST :
City Clerk and Ex -Officio Clerk of
the City Council
STATE OF CALIFORNIA, )
)ss.
County of Orange. )
I, A. C. SWART29 City Clerk of the City of Costa Mesa,
California, do hereby certify that the foregoing ordinance was intro-
AP Toot2NED
duced at a regular,,meeting cf the City Council of said City held on
PR 1/- 244
X954, and was finally passed and adopted at a regular
meeting; of the said City Council held on /SAY 31P, 1954, by the
following vote, to -wit:
AYES : COUNCILMEN MAR-rif/, /✓ELsaI/ 721i✓i(cEy,
NOES: C WNCI LEEN /✓o we
ABSENT : COUNCILMEN i10AIE
City Clerk of the: Ci y af' Costa Mesa
STAT^ nF CALIFORITIA:
COTTTTY OF ORAiTGE : ss
CITY OF COSTA 'I -,:FSA :
I, A. C. Si -!ART,',, City Clerk of the City of Costa iiesa, do hereby certify that on
the f5/ – day of �� 1954, I posted the foregoing true and
0
correct copy of the foregoing Orcl.inance in the following public -places in the City:
Justice Court
567 West Eighteenth Street
Costa mesa, California
Costa Mesa City Fall
111 East 20th Street
Costa Mesa., California
= `f Costa Kesa Fire Hall
111 Rochester Street
Costa ,esa, California.
III TiTESS my hand ana- seal this day of /�` � 1954•
•'tt'��-' ' ' : �, City Cler' of the City— osta PJiesa