HomeMy WebLinkAbout90-01 - Modify Subdivision Regulations, Establish Lot Line Adjustment ProceduresORDINANCE NO. 90-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13
OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE
SUBDIVISION REGULATIONS, ESTABLISH LOT LINE
ADJUSTMENT PROCEDURES AND CLARIFY THE ZONING
ADMINISTRATOR'S AUTHORITY.
SECTION 1. FINDINGS
THE CITY COUNCIL OF COSTA MESA FINDS AND DECLARES AS FOLLOWS:
1. The California Government Code, Section 66411 enables
cities to regulate and control the design and
subdivisions by ordinance.
2. The City of Costa Mesa desires to amend its existing
subdivision regulations to reflect current provisions of
the California Government Code Sections 66410 to
66499.58, commonly referred to as the Subdivision Map
Act.
3. The City of Costa Mesa also desires to establish
procedures for the processing of Lot Line Adjustments in
accordance with Section 66412(d) of the California
Government Code.
4. The modifications to the Zoning Administrator's
procedures contained in Section 2 clarify the
Administrator's authority for the review of discretionary
actions.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 as follows:
SECTION 2.
1. Chapter III. Subdivisions, Article 2 through 4 of Title 13 are
hereby amended to read as follows:
Article 2. Tentative Maus.
Section 13-431. Authority: Applicability.
Pursuant to Title 7, Division 2 of the California Government
Code, the City of Costa Mesa hereby adopts the Subdivision Map
Act, Sections 66410 to Sections 66499.58 of the Government
Code, subject to amendments as provided by law and contained
elsewhere in this chapter. The provisions of this article are
supplemental to those of the California Subdivision Map Act,
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and shall apply to all subdivisions of land hereafter made
when said land is entirely or partially within the limits of
the City.
Section 13-432. Planning Commission Duties.
The Costa Mesa Planning Commission is hereby charged with the
duty of making investigations and reports on the design and
improvement of proposed subdivisions; and is hereby authorized
to approve, conditionally approve or deny tentative maps of
subdivisions prepared and filed according to this article and
the said Subdivision Map Act, and to recommend the kind,
nature and extent of the improvements required to be installed
in subdivisions.
The provisions of those sections are hereby repealed and the
sections are reserved for future use.
Section 13-436. Standards.
The following minimum subdivision standards of development for
streets, highways, alleys, walkways, lots, utility easements
and setback lines are hereby adopted:
(a) width of streets: Streets shall have the following
minimum widths:
(1) Major highways: Minimum widths for major highways,
service roads and planting strips shall comply with
the master plan of streets and highways heretofore
adopted by the City and any amendments thereto.
(2) Local streets: Local street rights-of-way within
a subdivision or division or land, other than for
industrial use, shall not be less than sixty (60)
feet wide except where special circumstances make
it impractical to provide sixty (60) feet of right-
of-way, in which event the right-of-way may be
reduced as necessary to meet the special
circumstances but in no case shall such right-of-
way be reduced in width to less than forty (40)
feet.
(3) Dead-end streets: Dead-end streets shall be
terminated by a turnaround not less than one hundred
(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.
(b) Street grades: Street grades between six (6) percent and
ten (10) percent will be approved only where
topographical conditions make a lesser grade impractical.
A grade exceeding ten (10) percent will be approved only
when conclusive evidence shows that a lesser grade is
impractical.
(c) Curved streets: The center line radii of curves on
streets or highways, except where physical conditions
make compliance impractical, shall be not less than:
(1) One thousand (1,000) feet on highways shown on the
master plan of arterial highways;
(2) Four hundred (400) feet on through streets; and
(3) Two hundred fifty (250) feet on local streets which
cannot be extended to a length of more than one-
fourth (1/4) mile.
(d) Street corner radius: Street corners shall have a
minimum twenty-five (25) foot curb radius with the
property line designed so as not to reduce parkway
widths.
(e) Street connections: All street connections shall be at
approximate right angles.
(f) Street alignment: Streets which are a continuation of
streets in contiguous territory shall be so aligned as
to assure that their center lines shall coincide. In
cases where straight continuations are not physically
possible, such center lines shall be continued by curves.
(g) Streets where no official plan exists: In areas where
no official plan exists, the layout of all improvements
including roadways, curbs, parkways, dividing strips, and
sidewalks within the rights-of-way of all highways,
streets, alleys and utility easements 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.
(h) 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 involved.
(i) Walkways: Walkways shall have a minimum width of four
(4) feet and shall be improved according to City
specifications.
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(j) Sidelines of lots: Sidelines of lots shall be
approximately normal to the street line.
(k) Large lots: (Future subdivisions) when large lots are
proposed, the lot shape, building locations and building
lines may be required to be so established as to make it
practical to resubdivide the lots into building sites
approximately sixty (60) feet wide by one hundred (100)
feet deep without injury to adjoining lots.
(1) Utility easements: Utility lines shall be located
underground in all cases, and at the rear of all lots
wherever such location is practical.
(m) Walkways in long blocks: Pedestrian ways at least ten
(10) feet wide may be required in long blocks.
(n) Master plan of streets and highways: Wherever any of the
standards in this article are inconsistent with the
master plan of streets and highways adopted by the City,
said master plan shall be controlling.
Section 13-437. Requirements for Tentative Maps.
All subdivisions as defined in Section 13-433 shall meet the
following tentative map requirements:
(1) Title of subdivision and description of property;
(2) Name and address of owner and subdivider;
(3) Name and address of person preparing map;
(4) Approximate acreage;
(5) North arrow;
(6) Scale;
(7) Date;
(8) Boundary line;
(9) Location of streets;
(10) Width of streets;
(11) Name, location and width of adjacent streets;
(12) Proposed street grades and proposed building site
elevations;
(13) Street grades beyond tract;
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(14) Cross sections of proposed street improvements;
(15) Width of alleys;
(16) Width of easements;
(17) Dimensions of reservations;
(18) Existing structures;
(19) Location of existing and proposed public utilities;
(20) Existing sewers;
(21) Elevation of sewers at proposed connections;
(22) Existing water mains;
(23) Existing culverts and drainpipes;
(24) Watercourses;
(25) Land subject to overflow, inundation or flood hazard;
(26) Railroads;
(27) Lot lines and approximate dimensions;
(28) Approximate radii of curves;
(29) Lands and parks to be dedicated for public use;
(30) Contours at five-foot intervals if slope is greater than
ten (10) percent;
(31) Contours at two -foot intervals if slope is less than ten
(10) percent;
(32) Proposed land use:
(a) Single-family;
(b) Multi -family;
(c) Commercial;
(d) Industrial
(33) Names of adjoining subdivisions;
(34) Existing use of property immediately surrounding the
tract;
(35) Land registered;
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(36) Existing grade and contours of all area adjacent to a
proposed subdivision in sufficient detail and area to
determine drainage impacts on the subject property and
adjacent properties.
Section 13-438. Preparation. Filing.
(a) Preparation of map; filing place: The tentative map
shall be prepared in accordance with the Subdivision Map
Act and the provisions of this article, and shall be
filed with the Planning Division.
(b) Stage in development 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.
(c) Number of copies of tentative map; The Planning Division
shall determine the number of copies of the tentative map
required to be submitted by the subdivider.
Section 13-439. Information to Accompany Tentative Map.
The tentative map shall be accompanied by reports and written
statements from the subdivider giving essential information
regarding the following matters:
(a) Site 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 drain (grade and size);
(f) Protective covenants to be recorded and filed with the
Planning Commission;
(g) Proposed tree planting;
(h) Proposed grading and erosion control plan that includes
provisions for prevention of sedimentation or damage to
off-site property.
(i) Hydrology runoff report that indicates the amount of
runoff and method of draining the site;
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Section 13-440. Forwarding of Copies by Planning Commission.
Within five (5) days of receipt of an accepted tentative map,
or as required by the Subdivision Map Act, the secretary of
the Planning Commission shall forward one copy of said map for
review and comment to each of the following:
(a) City Engineer;
(b) County Health Officer;
(c) Newport -Mesa Unified School District and/or Santa Ana
Unified School District;
(d) Mesa Consolidated Water District and/or Santa Ana Heights
Water Company;
(e) Costa Mesa Sanitary District;
(f) The State Department of Transportation where the proposed
subdivision is located, in whole or in part, within the
area indicated on a receipted territorial map pursuant
to Government Code Section 66455.
(g) Any other affected municipality or other governmental
entity.
Section 13-441. Review Period.
The review period for each department, municipality, district,
or governmental entity referenced in Section 13-440 of this
article shall be as prescribed in Chapter 3 of the Subdivision
Map Act, Government Code Sections 66452.1 and 66452.2.
Section 13-442. Tentative Map Fees.
An application for a tentative map shall be accompanied by all
applicable processing fees as established by resolution of the
City Council.
Section 13-443. Action by Planning Commission.
(a) Deadline for considering: Within the time frame
established in Government Code Section 66452.1, the
Planning Commission shall hold a public hearing and shall
either approve, conditionally approve or deny said map.
(b) Notification: Notice of said public hearing shall be
published once in a newspaper of general circulation,
published in the City, at least ten (10) days prior to
the date set by the Commission for the hearing, and a
notice shall be mailed or delivered to all owners of
property within a radius of three hundred (300) feet of
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the external boundaries of the property described in said
map not less than ten (10) days prior to the hearing.
The Planning Division shall use for this purpose the last
known name and address of such owners as shown on the
latest equalized tax roll of the County of Orange.
Notice of the hearing shall also be mailed or delivered,
at least 10 days prior to the hearing, to each local
agency expected to provide water, sewage, streets, roads,
schools, or other services or facilities to the project,
whose ability to provide those services or facilities may
be significantly affected. Said notices shall contain
all pertinent data related to said request.
(c) Approval: When approving or conditionally approving a
tentative map, the Planning Commission shall make all of
the following findings:
(1) That the creation of the subdivision and related
improvements is consistent with the City's General
Plan and Specific Plan, if appropriate, and
Planning, Zoning and Development Ordinances.
(2) The proposed use of the subdivision is compatible
with the objectives, policies, general land use, and
programs specified in the General Plan.
(3) That the subject property is physically suitable to
accommodate the subdivision in terms of type, design
and density of development, and will not result in
substantial environmental damage nor public health
problems, based on compliance with the City's
Development Code and General Plan, and consideration
of appropriate environmental information.
(4) That the design of the subdivision provides, to the
extent feasible, for future passive or natural
heating and cooling opportunities in the
subdivision, as required by Government Code Section
66473.1.
(5) That the division and development of the property
will not unreasonably interfere with the free and
complete exercise of the public entity and/or public
utility rights-of-way and/or easements within the
tract.
(6) The discharge of sewage from this land division into
the public sewer system will not violate the
requirements of the California Regional Water
Quality Control Board pursuant to Division 7
(commencing with Section 13000 of the Water Code).
In the event the Planning Commission approves said map,
its action shall be final, subject to appeal as described
in Section 2-300 et. seq. of the Costa Mesa Municipal
Code. Review of the final map shall be by the City
Council as provided in Section 13-457 of this title.
(d) Denial: In the event the Planning Commission cannot make
all of the findings listed in Section 13-443(c), the
tentative map shall be denied. The reasons for such
denial shall be given in a statement attached to the
tentative map, outlining the changes which will be
required before such map will be acceptable, and the same
shall be retained in the Planning Division records.
Copies of said statement shall immediately be forwarded
directly to the subdivider or his agent.
Section 13-444. Duration of Approval.
(a) After receipt of the report of the Planning Commission
approving or conditionally approving the tentative map,
the subdivider may, within thirty-six (36) months from
the date of said approval, proceed to prepare and file
a final map as herein provided. However, the applicant
may apply to the Planning Commission for an extension of
time for a period or periods not exceeding a total of
three (3) years. If such extension is denied, the denial
may be appealed to the City Council within fifteen (15)
days. If a final map is not submitted prior to
expiration, said map shall be deemed abandoned. Said map
shall not be deemed abandoned, however, if the subdivider
is required to construct, improve, or finance the
construction or improvement of public improvements
outside the boundaries of the tentative map at a cost
that is equal to or exceeds the cost established by
Government Code Section 66452.6. This cost shall exclude
improvements of public rights-of-way which abut the
boundary of the property to be subdivided and which are
reasonably related to the development of that property.
In this circumstance each filing of a phased final map
authorized by Government Code Section 66456.1 shall
extend the expiration of the approved or conditionally
approved tentative map by thirty-six (36) months from the
date of its expiration, as provided in this section, or
the date of the previously filed final map, whichever is
later. The extension shall not exceed the tentative map
more than ten (10) years from its approval or conditional
approval. The number of phased final maps which may be
filed shall be determined by the Planning Commission at
the time of the approval or conditional approval of the
tentative map.
(b) The period of time specified in subsection (a) shall not
include any period of time during which a development
moratorium applicable to the property which is the
subject of the tentative map, imposed after approval of
the tentative map, is in existence. However, the length
of the moratorium shall not exceed five (5) years. Once
a moratorium is terminated, the map shall be valid for
the same period of time as was left to run on the map at
the time the moratorium was imposed. However, if the
remaining time is less than one hundred twenty (120)
days, the map shall be valid for one hundred twenty (120)
days following the termination of the moratorium.
Sections 13-445 - 13-450. Reserved.
Article 3. Final Maps.
Section 13-451. Preparation.
After approval of the tentative map by the Planning
Commission, the subdivider may cause a final map to be
prepared in accordance with a completed survey of the
subdivision and in substantial compliance with the approved
tentative map, and in full compliance with the Subdivision Map
Act and this article.
The submission shall include all of the following:
(a) Title sheets: Below the title shall be a subtitle
consisting of a general description of all property being
subdivided, by reference to deeds, subdivisions or to
sectioned surveys.
Reference to tracts and subdivisions shall be spelled out
and worded identically with original records, with
complete reference to the proper book and page of record.
The title sheet shall show, in addition, the basis of
bearings. Maps filed for the purpose of reverting
subdivided land to acreage shall be conspicuously marked
under the title: "The Purpose of the Map is a Reversion
to Acreage."
(b) Surveying data for lots: Sufficient data shall be shown
to determine readily the bearing 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 acreage to the nearest hundredth.
(c) Surveying data generally:
(1) The final map shall show the center lines of all
streets; length, tangents, radii and central angles
or radial bearings of all curves; the total width
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of each street, the width of the portion being
dedicated, the width of the existing dedication and
width of each side of the center line; also the
width of the rights-of-way of railroads, flood -
control or drainage channels and any other easements
existing or being dedicated by the map.
(2) Surveys in connection with the preparation of
subdivision maps, as in this article provided, shall
be made in accordance with standard practices and
principles for land surveying and shall be prepared
by a Licensed Land Surveyor or Civil Engineer
licensed to practice surveying. A traverse of the
boundaries of the subdivisions and all lots and
blocks shall close.
(d) Record of easements: The final map shall show the center
line data, width and sidelines 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 sidelines of lots
which are cut by an easement shall be shown so as to
indicate clearly the actual lengths of the lot lines.
The width of the easement and the lengths and bearings
of the lines thereof, and sufficient ties to locate the
easement definitely with respect to the subdivision shall
be shown. The easement shall be clearly labeled and
identified and, if already of record, proper reference
to the records shall be given. Easements being dedicated
shall be so indicated in the certificate of dedication.
(e) Existing monuments: 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.
(f) Established lines: Wherever the City Engineer has
established the center line of a street or alley, those
data shall be considered in making the surveys and in
preparing the final map, and all monuments found shall
be indicated and proper reference 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 adjoining the subdivision clearly designated
and tied in.
(g) Lot numbers: The lots shall be numbered consecutively,
commencing with the number 1, and the final number being
circled, with no omissions or duplications; provided,
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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.
(h) Traverse sheets and work sheets shall show the closure,
within the allowable limits of error, of the exterior
boundaries and of each irregular block and lot of the
subdivision.
(i) Plans and specifications of the proposed improvements
together with the necessary bonds or guarantees as
provided herein.
(j) Covenants: A copy of the protective covenants to be
recorded.
(k) A memorandum in duplicate showing:
(1) The total area of the subdivision;
(2) The total area in streets;
(3) The total area in lots;
(4) The area in parks, school sites or other lands
offered for dedication or reserved for dedication
or reserved for future public or quasi -public use.
(1) A preliminary soil report prepared by a civil engineer
who is registered by the State of California, based upon
adequate tests, borings or excavations. However, the
soil test may be waived by the City Engineer if the City
Engineer has sufficient knowledge as to the soil
qualities in said subdivision either from previous
testings or independent investigation.
Section 13-452. Form. Contents.
The submission shall include the following:
(a) If more than three (3) sheets are used, an index, showing
entire subdivision with lots numbered consecutively;
(b) Title, name of tract, date, north arrow and scale;
(c) Description of land included;
(d) Location and names, without abbreviations, of all:
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(1) Proposed streets and alleys;
(2) Proposed public areas and easements;
(3) Adjoining streets;
(e) Dimensions in feet and decimals of a foot;
(f) Dimensions of all lots;
(g) Center line data including bearings and distances;
(h) Radius, tangent, arc and central angle of curves;
(i) Suitable primary survey control points;
(j) Locations of all permanent monuments;
(k) Ties to and names of adjacent subdivisions;
(1) Ties to any city or county boundary lines involved;
(m) Required certificates;
(n) Net acreage of all lots within the subdivision;
(o) Designation of all lots by number of letter within the
subdivision;
(p) When a soil report has been prepared, this fact shall be
noted on the title sheet of the final map together with
the date of the report and the name of the registered
engineer making the report.
Section 13-453. Dedications and Improvements.
(a) Dedications: It is hereby established that as conditions
of approval of subdivision maps certain dedications may
be required. 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:
(1) Streets, highways, and alleys, including access
rights and abutters rights;
(2) Drainage, public utility and other public easements;
(3) Land for local transit facilities pursuant to
Government Code Section 66475.2.
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(b) Future dedication: Streets or portions of streets may
be offered for future dedication where the immediate
opening and improvement are not required, but where it
is necessary to ensure that the City can later accept
dedication when said streets are needed for the further
development of the area or adjacent areas.
(c) Agreement to make 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. Such 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.
(d) Grades: All improvements shall be installed to grades
approved by the City Engineer.
(e) Plans, profiles and specifications: Plans, profiles and
specifications of proposed improvements shall be
furnished to the City Engineer prior to the time of
submitting the final map to him, and shall 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 proposed improvements which shall be
according to the standards of the City.
(f) Agreement by subdivider with City: If such improvement
work is not completed satisfactorily before the final map
is approved, the owner of the subdivision shall,
immediately upon approval and before the certification
of the final map by the City, 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.
(g) Waiver of access: The subdivider may be required by the
Planning Commission, as a condition precedent, to waive
access to one or more designated streets before obtaining
the City Council approval of any final map.
(h) Bonds: To assure the City that the work will be
completed, bonds shall be provided by the subdivider from
an approved surety company, or in cash, in the following
amounts and for the following purposes:
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(1) A bond equivalent to one hundred (100) percent of
the total cost of the improvements to guarantee
payment for all labor and materials.
(2) A further bond(s) equivalent to one hundred (100)
percent of the total cost of the improvements plus
the cost of setting final monuments to guarantee
faithful performance of the agreement heretofore set
forth and to guarantee completion of the work of
improvement described herein, including the setting
of final monuments.
Section 13-454. Fees.
Fees shall be paid in the following amounts:
(a) Checking fee: The fee shall be established by City
Council resolution and is payable at the time the final
map is submitted to the City Engineer for checking.
(b) Engineering and inspection fee on street improvements
shall be paid at the time the plans, profiles and
specifications of proposed street improvements are
submitted to the City Engineer for approval. The fee
shall be established by City Council resolution.
(c) Payment of streetlighting costs: In addition to other
applicable fees required by this Code, all persons shall
pay, at the time of filing a final map, an amount of the
estimated cost of the installation of light poles and
electrical energy in the tract or tracts, for the period
from the date of installation of such poles to the next
November first. The streetlighting superintendent shall
determine the estimated cost of the light poles and the
electric energy charge for said period, based upon the
amounts charged by the Edison Company to the City under
the current contract. The electrical fee to be paid, as
provided in this subsection, shall be paid to the City
Engineer at the time the other fees and bonds required
by this Code are to be paid and furnished to the City
Engineer.
(d) Water fee: Water acreage fees, if any.
(e) Sanitary fee: Sanitary and sanitation district fees, if
any.
Section 13-455. Report of the Citv Engineer on Soil Tests
The City Engineer shall certify to the City Council that soil
tests, excavations and borings, either have been made or have
been waived by the City Engineer, and shall report the results
of such tests or the reason for any waiver to the City
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Council. In the event that said tests show expansive soils
or other problems which, if not corrected, would lead to
structural defects, the City Engineer shall require a soil
test on each lot of said subdivision.
Section 13-456. Corrective Action on Poor Soil.
In the event soil tests are needed on individual lots of the
subdivision as provided in Section 13-455, the registered
engineer making those tests and reports shall make
recommendation for action to be taken to avoid structural
defects. The subdivider must obtain the approval of the City
Engineer for the action(s) to be taken, and such action must
be made a condition of any building permit issued for
construction on the affected lots.
Section 13-457. Check and Transmittal of Final Ma
(a) Engineer's check: After issuance of a receipt for the
final map, the City Engineer shall examine it as to
sufficiency of affidavits and acknowledgments,
correctness of surveying data, mathematical data and
computations, and such other matters as require checking
to insure compliance with the provisions of the
Subdivision Map Act and of this article.
(b) Transmittal to City Council: If the final map is found
to be correct in form and the matters shown thereon are
sufficient, the City Engineer shall endorse his approval
thereon and transmit it to the City Council together with
plans and specifications of proposed improvements and
such other matters as are required to enable the City
Council to consider the final map. If the final map is
not found to be correct in form, the City Engineer shall
return the final map to the subdivider together with a
statement setting forth the grounds for its return;
provided, that the City Engineer shall not forward said
map to the City Council until the requirements of
Sections 13-451 to and including 13-454 have been met by
the subdivider.
Section 13-458. Violations
Any physical condition created in violation of this article,
and any lot, street, alley or other feature made the subject
of this article and which is maintained contrary to the
provisions hereof shall constitute a public nuisance.
Sections 13-459 - 13-456. Reserved.
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Article 4. Parcels.
Section 13-466. Tentative Mao Required.
A tentative parcel map shall be required in all of the
following cases:
(a) Where any parcel of land is to be divided into four (4)
or fewer parcels.
(b) As required by Government Code Section 66426.
Section 13-467. Contents of Tentative Mao.
Each tentative map for any parcel within this article shall
contain the following items:
(a) Designation of portion of parcel to be dedicated for
street purposes, if any;
(b) Proposed streets, or alleys within the parcel being
divided, their width and alignment;
(c) Abutting streets or highways proposed to serve each
parcel and the method of access proposed for each parcel
lot within the parcel being divided;
(d) All requirements set forth in Sections 66444 through
66450 of the California Government Code;
(e) Existing improvements, if any;
(f) Name of owner and/or subdivider.
Section 13-468. 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 13-443, with
the exception that the final parcel map is subject to review
only by the City Engineer, as set forth in Section 13-471.
Section 13-469. Street Improvements.
The Planning Commission shall have the authority to require
improvements of public or private streets, highways or
easements as may be necessary for local traffic, drainage and
sanitary needs in the types of parcel subdivisions set out in
Section 13-466 (a) and (b).
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Section 13-470. Fees; Time Limitations on Approval
(a) An application for a tentative parcel map shall be
accompanied by all applicable processing fees as
established by resolution of the City Council.
(b) The approval of a tentative parcel map as set forth in
this article shall be for the period of twenty-four (24)
months; provided, however, that the applicant for
approval may apply to the Planning Commission for an
extension of time for a period or periods not exceeding
a total of three (3) years.
Section 13-471. Final Parcel Mao.
The final map 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 map is found to be
correct in form and the matters shown thereon are sufficient,
the City Engineer shall endorse his approval thereon. If the
final map is not found to be correct in form, the City
Engineer shall return the final map to the subdivider together
with a statement setting forth the grounds for its return.
Section 13-472 Recording Final Parcel may.
At any time within the twenty-four month approval period for
the tentative parcel map, or within the period of any
extension granted by the Planning Commission, a parcel map may
be filed for recordation with the County Recorder, showing
each new parcel created by the subdivision as set out herein.
Section 13-473. Filing Prerequisite to Sale. Lease or
Financing.
No parcel may be sold, leased or financed prior to the filing
of the parcel map with the County Recorder as set out in
Section 13-472.
Section 13-474. Legal Description of Parcels.
Each parcel of the subdivided property may be sold, leased,
financed or otherwise dealt with by designation of lot number
and County Recorder's book, page and document number
references as an official legal description.
Section 13-475. Dedications.
Dedications required for street openings, widening or
easements shall be provided for by a statement on the parcel
map unless the City Engineer determines that legal instruments
separate from the parcel map are required. If the dedications
are to be provided by legal instruments separate from the
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parcel map, such dedications shall be completed prior to the
filing of the parcel map with the County Recorder.
Section 13-476 Underground Utilities Required
(a) Utility lines, including but not limited to electrical,
communications, streetlighting and cable television,
shall be required to be placed underground as a condition
to the approval of a new tract, a revised or reactivated
tract or any parcel map. The subdivider is responsible
for complying with the requirements of this section, and
he shall make the necessary arrangements with the utility
companies for the installation of such facilities,
subject to the applicable rules, regulations and tariffs
of the respective utility or utilities on file with the
Public Utilities Commission of the State of California.
(b) For the purposes of this section, appurtenances and
associated equipment such as, but not limited to,
surface -mounted transformers, pedestal -mounted terminal
boxes and meter cabinets, and concealed ducts in an
underground system may be placed above ground.
(c) Where the enforcement of the provisions of this section
would result in undue hardship, the City Council, after
considering the recommendation of the Planning
Commission, may waive the requirements of this section.
Such undue hardship may be found to exist if
topographical, soil or any other site conditions make
such underground installations unreasonable or
impractical.
(d) This section shall not apply to utility lines which do
not provide services to the area being subdivided.
Section 13-476. Deadline for Filing.
Deleted in its entirety.
Section 13-477. Violations.
Any physical condition created in violation of this article,
and any lot, street, alley or other feature made the subject
of this article and which is maintained contrary to the
provisions hereof shall constitute a public nuisance.
Section 13-478 - 13-483. Reserved.
The following article and section are hereby added to Chapter
III. Subdivisions, Title 13, of the Costa Mesa Municipal Code.
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Article 6. Lot Line Adjustments
Section 13-497. Lot Line Adiustments
(1) Definition. An adjustment to an existing lot line
between two or more parcels, where the land taken from
one parcel is added to an adjacent parcel and/or where
a greater number of parcels than originally existed is
not thereby created.
(2) Procedures. The Zoning Administrator may approve a lot
line adjustment according to the procedures set forth in
Section 13-351 of this title, provided that the lot line
adjustment complies with Section 66412(d) of the
California Government Code, the California Environmental
Quality Act, the Costa Mesa General Plan and all
applicable ordinances and regulations.
(3) Recordation. On the forms provided by the Planning
Division, the applicant shall file the lot line
adjustment for recordation with the County Recorder.
Proof of recordation shall be provided to the Planning
Division prior to the issuance of building permits.
Sections 13-351 and 13-354 of Article 23, Chapter II, of Title
13 are amended to read as follows:
Section 13-351. Zoning Administrator.
(a) The Development Services Director or his designee is
authorized to act as the Zoning Administrator according
to procedures set forth in the California Government
Code.
(b) The Zoning Administrator is authorized to act on and
grant approvals of administrative adjustments, minor
conditional use permits, lot line adjustments and amateur
radio antenna permits. Administrative adjustments are
defined in Article 22, Section 13-309 of this title, and
minor conditional use permits are as established in
Section 13-354 of this title and/or as may be established
by resolution of the City Council. Lot line adjustments
are defined in Section 13-497 of this title, and amateur
radio antenna permits are defined in Section 13-353 of
this title.
(c) Application for an administrative adjustment, minor
conditional use permit or lot line adjustment shall be
made to the Zoning Administrator on forms provided.
Plans and information reasonably needed to analyze the
application may be required by the Zoning Administrator.
The application shall be accompanied by all applicable
processing fees as established by resolution of the City
Council.
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(d) Public notice of proposed administrative adjustments,
minor conditional use permits and lot line adjustments
shall be provided according to procedures set forth in
California Government Code Section 65091 at least ten
(10) days prior to the Zoning Administrator's
determination.
(e) Application, public notice and issuance of amateur radio
antenna permits shall be provided according to the
procedures set forth in Section 13-353 of this title.
Public notice shall be given at least ten (10) days prior
to the Zoning Administrator's determination.
(f) As provided by the California Government Code, no public
hearing shall be held by the Zoning Administrator.
Notice of the decision of the Zoning Administrator shall
be given within five (5) days of said decision to the
City Council, Planning Commission and to any affected
party requesting said notice.
(g) Before granting an administrative adjustment, the Zoning
Administrator shall make findings as required by Section
13-309, and before granting a minor conditional use
permit, the Zoning Administrator shall make findings as
required by Section 13-347.
(h) The Zoning Administrator may forward any action to the
Planning Commission for review.
(i) Any member of the Planning Commission or City Council may
request review of a decision of the Zoning Administrator
within seven (7) days of the date of the notice of the
decision. No fee shall be charged for such review.
(j) Appeals of the decisions of the Zoning Administrator
shall be filed within seven (7) days of the date of the
notice of the decision according to procedures set forth
in Costa Mesa Municipal Code, Section 2-300 et. seq.
(k) No building permit or authority to proceed shall be
granted to a development involving Zoning Administrator
action until all appeal periods have expired.
Section 13-354. Minor Conditional Use Permits.
(1) Conditional use permits or other planning actions for the
land uses listed in this section are hereby classified
as minor conditional use permits.
(a) Home occupations requiring conditional use permits.
(b) Satellite receiving antennas in residential zones
and nonresidential zones adjacent to residential
zones.
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(c) Vertical antennae in excess of thirty (30) feet in
height that require building permits.
(d) Temporary trailer permits.
(e) Minor expansions of previously conditionally
approved uses.
(f) Permits for shared driveway access.
(g) Accessory apartments or second single-family
dwelling units not including granny units.
(h) Recycling centers.
(i) Residential density calculation round -up.
(j) Ramps which do not meet the ramp slope standards
specified in Section 13-546(j), Section 13-559(h)
and Section 13-565(h).
(k) Minor building additions of existing residential
structures with nonconforming setbacks as specified
in Section 13-529(2b).
(1) Any such action as may be established by resolution
of the City Council.
SECTION 3.
This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published
once in the ORANGE COAST DAILY PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or,
in the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within
fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office
of the City Clerk a certified copy of this Ordinance together with
the names of the members of the City Council voting for and against
the same.
PASSED AND ADOPTED this ZA day of 19 9Q
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ATTEST:
J
City Clerk of the City of
Costa Mesa
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
Mayor of the C' of Costa Mesa
I, EILEEN P. PHINNEY, 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. q0-1 was introduced and
considered section by sec 'on at a re 1 r meeting of said City
Council held on the day of 1990, and
thereafter passed and adopted�s a whole a a r ular meeting of
said Council held on the oto day of 191a by
the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: 1ji—
IN WITNESS WHEREOF, I have hereby set my hand d ffixed the
Seal of the City of Costa Mesa this �L/A* day of
19�L2
City Clerk and ex -officio Cl k
of the City Council of "the
of Costa Mesa
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