HomeMy WebLinkAbout03-01 Public Improvements for Approval of Subdivision and Parcel MapsORDINANCE NO. 03-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA AMENDING TITLE 13 OF
THE COSTA MESA MUNICIPAL CODE TO REQUIRE
PUBLIC IMPROVEMENTS FOR APPROVAL OF
SUBDIVISION AND PARCEL MAPS
WHEREAS, the Costa Mesa Municipal Code currently provides that the
Planning Commission may impose certain requirements for improvements of public
or private streets, highways or easements as may be necessary for local traffic,
drainage and sanitary needs in the subdivision of land as a condition for approval of
a subdivision map; and
WHEREAS, to prevent lots from being created by developers and sold
without the developer making such public improvements to individuals who may
have purchased the lot without notice of the improvement requirements; and
WHEREAS, the Public Services Department's general practice is to require
placement of an improvement certificate on Parcel Maps, thus requiring
improvements upon further development of the parcels pursuant to Subdivision
Map Act Section 66411.1; and
WHEREAS, the Subdivision Map Act (Government Code Sec. 66410 et seq.)
allows the City the option to require that improvements be completed prior to
recordation and acceptance of both parcel maps and final maps; and
WHEREAS, in order to bring the City's Municipal Code into conformance with
the City's standard practices and to ensure consistency for all parcel and final map
approvals, the Municipal Code requires amendment.
WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 13-230(a) of Chapter XI of Title 13 of the Costa Mesa
Municipal Code is hereby amended as follows:
(a) Dedications. Conditions of approval of subdivision maps may require
certain dedications. Dedications shall be provided for by a statement on the
subdivision map unless the city engineer determines that legal instruments separate
from the subdivision map are required. If the dedications are to be provided by legal
instrument(s) separate from the subdivision map, the dedications shall be
completed prior to the filing of the subdivision map with the county recorder. All
streets, highways, alleys, easements and parcels of land identified in this section,
shown on the final map and intended for public use, shall be offered for dedication
for public use. The following are subject to dedication requirements:
Section 2. Section 13-230(a)(4) of Chapter XI of Title 13 of the Costa
Mesa Municipal Code is hereby added as follows:
(4) Any other property intended for public use.
Section 3. Section 13-230(c) of Chapter XI of Title 13 of the Costa Mesa
Municipal Code is hereby amended as follows:
(c) Improvements. The subdivider shall improve or agree to improve all
land dedicated for streets, highways, public ways and easements as a condition
precedent to acceptance and approval of the final map. The improvements shall
include such grading, surfacing, sidewalks, curbs, gutters, culverts, bridges, storm
drains, water mains and service connections to the property line with cutoff valves,
sanitary sewers and such other structures or improvements as may be required by
ordinance for the general use of the lot owners in the subdivision and for local
neighborhood traffic and drainage needs. If the improvement work is not
completed satisfactorily before the final map is approved, the owner of the
subdivision shall, prior to approval and city's certification of the final map, enter as
contractor into an agreement with the city whereby, in consideration of the
acceptance by the city of the streets and easements offered for dedication, the
contractor agrees to complete the work within the time specified in the agreement.
Section 4. Section 13-230(f). of Chapter XI of Title 13 of the Costa Mesa
Municipal Code is hereby repealed and reserved for future use.
Section 5. Section 13-240 of Chapter XI of Title 13 of the Costa Mesa
Municipal Code is hereby amended as follows:
Sec. 13-240. Action by planning commission
The procedures for consideration and action on a tentative parcel map
application by the planning commission shall be the same as for a tentative map
application, section 13-215, Review period, action by planning commission, with
the exception that the final parcel map, and improvement agreement, if any, are
subject to approval only by the city engineer, as set forth in section 13-243, Final
parcel map, once said improvement agreement has been approved as to form by
the City Attorney.
Section 6. Section 13-241 of Chapter XI of Title 13 of the Costa Mesa
Municipal Code is hereby repealed and replaced as follows:
Sec. 13-241. Dedication and Improvements
Dedication and improvement requirements for parcel maps shall be the same
as those for subdivision maps as set forth in Section 13 -230(a) -(g) and the
procedures for consideration and action by the planning commission shall be the
same as for tentative maps as set forth in Section 13-215. Whenever the term
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"subdivision map" is used in Section 13 -230(a) -(g), it shall be deemed to read
"parcel map" for the purposes of this section unless the context clearly indicates or
requires a different meaning.
Section 7. Section 13-243 of Chapter XI of Title 13 of the Costa Mesa
Municipal Code is hereby amended as follows:
Sec. 13-243. Final parcel map and improvement agreements.
The final parcel map and improvement agreement, as approved as to form by
the City Attorney, if any, shall be transmitted to the city engineer to ensure
compliance with the provisions of the subdivision map act and of this article. If the
final parcel map and improvement agreement and the matters shown thereon are
sufficient, the city engineer shall be authorized to sign the final parcel map and
improvement agreement on behalf of the city and to return the final map to the
subdivider together with a statement setting forth the grounds for its return.
Section 8. Section 13-247 of Chapter XI of Title 13 of the Costa Mesa
Municipal Code is hereby repealed and reserved for future use.
Section 9. Environmental Determination. The project has been reviewed
for compliance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines, and the City's environmental procedures, and has been found to be
exempt.
Section 10. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portion(s) of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
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Section 11. Publication.
The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect
thirty (30) days after its final passage.
PASSED AND ADOPTED this 18th day of February, 2003
ATTEST:
Deputy City Jerk of the
City of Costa Mesa
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF COSTA MESA)
MAyor
PROVED AS TO FORM:
City Attorney
I, JULIE FOLCIK, Deputy City Clerk and ex -officio clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No.
03-1 was introduced and considered section by section at a regular meeting of said
City Council held on the 3rd day of February, 2003, and thereafter passed and
adopted as a whole at a regular meeting of said City Council held on the 18th day of
February, 2003, by the following roll call vote:
AYES: Robinson, Steel, Cowan, Monahan, Mansoor
NOES: �. ,None
ABSENT: 'None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 19t' day of February, 2003.
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Dep,§14 City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa