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HomeMy Public PortalAbout76-384 ORDINANCE NO. 76-384 AN ORDINANCE OF THE CITY OF CARSON PROVIDING LOCAL REGULATIONS FOR THE DIVISION OF LAND IN THE CITY OF CARSON, AND FOR THE PRESENTA- TION OF MAPS IN CONNECTON THEREWITH, AND AMENDING THE CARSON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Chapter 2 of Article IX of the Carson Municipal Cod— e is-hereby amended in its entirety to read as follows : CHAPTER 2 - SUBDIVISON REGULATIONS PART 1 - GENERAL PROVISIONS " Section 9201 .1 AUTHORITY. Pursuant to the provisions of Division 2 of Title 7 of the Government Code cf the State of California, referred to herein as the Subdivision Map Act, and pursuant to any other regulations provided by law, the regulations hereinafter set forth in this Chapter shall be known as the Subdivision Ordinance and shall apply to all divisions of land hereafter made of property wholly or partially within the City of Carson. Each such division of land and each part thereof lying within or partially within the City of Carson shall be made, and each map thereof shall be prepared and presented for approval , as ' hereinafter provided for and required. Section 9201 .2. SEVERABILITY CLAUSE The City Council hereby declares that it would have passed this Chapter sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Chapter are severable, and if, for any reason, any sentence, paragraph, or section of this Chapter shall be held invalid, such decision shall not effect the validity of the remaining parts of this Ordinance. Section 9201 .3. PURPOSE It is the purpose oil this Chapter to supplement the provisions of the Sub- _ division Map Act concerning the design, improvement, and survey data of sub- divisions; the form and content of Tract Maps and Parcel Maps; and the procedure to be foT1cw--d in securing one official approval or the City of Carson regarding such Maps. To accomplish this purpose, the regulations outlined in this Chapter are determined to be necessary for the preservation of public health, safety, and general welfare. ORD. NO. 76-384/Page 2 a Section 9201 .4. PROHIBITION OF SALE, LIEN, OR LEASE. A person shall not sell ; place a mortgage, deed of trust, or other lien upon; transfer title to;or lease any subdivision of any part thereof, or offer to do so, or contract to do so, until a map thereof, in full compliance with the provisions of this Chapter, has been duly recorded or filed in the office of the Recorder of this County. The aforementioned paragraph of this Section does not apply to any parcel or parcels of a subdivision offered for sale, lien, or lease, or sold, mortgaged, liened, or leased, in compliance with or exempt from any law regulating the design and improvement of subdivisions or minor land divisions in effect at the time the subdivision or minor land division was established. Neither this Section nor any other portion of this Chapter applies to the leasing of apartments, offices, stores, or similar space within an apartment building, industrial building, or commercial building, mobile home park, or trailer park, or to mineral , oil , or gas leases. Section 9201 .5 SHORT TITLE This Chapter may be referred to as "The Subdivision Ordinance." Section 9201 .6. REFERENCES TO OTHER LAWS. Whenever reference is made to an Ordinance of this City or to a Statute of the State of California, such reference applies to the requirements of the Ordinance or Statute applicable on the date of final action on a tentative map and to the provisions of variances and permits granted pursuant to such Ordinances or Statutes. Section 9201 .7. DIVISION OF LAND FOR LEASE ONLY ' The filing of a tract map or parcel map on which appears the words "DIVISION OF LAND FOR LEASE ONLY" authorizes the leasing of any lot shown on such map. A person shall not sell , finance, or transfer title to any lot shown on such maps, or offer to do so, or contract to do so, unless the transaction would be in full compliance with the provisions of this Chapter and the Subdivision Map Act had such tract map or parcel map not been filed. Section 9201 .8. PENALTY FOR NON-COMPLIANCE. Violation of any provision of this Chapter, which is not also prohibited by the Subdivision Map Act or by any other State Statute, is a misdemeanor, punishable by a fine of not more than five hundred dollars, or by imprison- ment in the City Jail or the County Jail for not more than six months, or by both such fine and imprisonment. -2- Ord. No. 76-384/Page3 Section 9201 .9 TRANSACTION VOFDABLE Any deed of conveyance, mortgage, deed of trust, or other lien or lease or sale or contract to sell , mortgage, lien, or lease made contrary to the provisions of this Chapter is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary, or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, his heirs, personal representatives or trustee in insolvency or bank- ruptcy within one year after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease, or sale, or contract agreeing thereto, but such deed of conveyance, sale, mortgage, ' deed of trust, lien, lease, or contract, is binding upon any assignee, or transferee of the grantee, mortgagee, beneficiary, tenant, buyer, or person contracting therefor, other than those above enumerated, and upon the grantor, vendor, mortgagor, trustor, landlord, or person so contracting, his assignee, heir, or devisee. Section 9201 .10 OTHER REMEDIES. The provisions of this Chapter are not intended to prohibit any legal , equitable, or summary remedy to which the City or other political sub- division, or any person may otherwise be entitled, and the City or other Political subdivision or person may file suit in a court of competent jurisdiction, to restrain or enjoin any attempted or proposed division of land in violation of the Subdivision Map Act or of this Chapter Section 9201 .11 . FALSIFICATIONS. Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained pursuant to this Chapter Section 9201 .12 SUBDIVISION COMMITTEE There is hereby created a Subdivision Committee, consisting of the following officers or their duly authorized representatives: ' a. The Conununity Development Director b. The City Engineer c. The Director of Public Works d. The Fire Chief e. The Sheriff f. The Health Officer g. Chief Engineer and General Manager of Los Angeles County Sanitation Districts h. Such other City officers or representatives of other agencies which, in the opinion of the Community Development Director, have an int2rest in a proposed division of land. The Community Development Director, or his designee, shall be the Chairman of the Subdivision Committee. Section 9201 .1'3. TIME OF PERFORMANCE Time of performance for each and every action under this Chapter shall be r;;easured in calendar days. Sections 9201 .14. - 920T.20 Reserved. -3- i Ord. No. 76-384/Page4 r PART. DEFINITIONS. Section 9202„1 . ADVISORY AGENCY The City Planning Commission is hereby designated as the Advisory Agency for tentative tract maps and parcel maps as that term is used in the Subdivision Map Act. The City Council is hereby designated as the Advisory Agency for final tract maps and parcel maps. The Community Development Director is hereby designated as the Advisory Agency for Certificates of Compliance. Section 9202.2. . ALLEY An unnamed public or private right-of-way not less than (30) feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway. Section 9202.3. . CITY COUNCIL. The City Council of the City of Carson. Section 9202.4. CITY ENGINEER. The City Engineer shall be the County Engineer of the County of Los Angeles in respect to matters pertaining to this Chapter unless the City Council should, by resolution or otherwise, appoint any other person or agency to that function. Section 9202.5. COMMISSION. The City Planning Commission of the City of Carson. Section 9202.6. DEDICATION. The grant of real property for public use or rights to the City of Carson. ' Section 9202.7 DESIGN. The minimum area, width, grading, and general layout of lots and the 'align- ment, grades, and widths of alleys, streets , highways, easements, and rights of way for drainage facilities, water mains, sanitary sewers, and other public purposes. Section 9202.8. DIRECTOR. The Community Development Director. Section 9202.9. DIRECTOR OF PUBLIC WORKS. The Director of Public Works shall be the City's representative in respect to functions to be performed pursuant to this Chapter. . -4- i - Ord. No. 76-384/Page 5 Section 9202.10. DIVISION OF LAND. For the purposes of this Chapter, the term "Division of Land" shall refer to any parcel or contiguous parcels of land, improved or unimproved, which are divided for the purpose of transfer of title, sale, lease, or financing, whether immediate or future, into two or more parcels, except that the term "Division of Land" shall not refer to: a. Land dedicated for cemetery purposes under the Health and Safety Code of the State of California. ' b. The leasing or financing of apartments, offices, stores, or similar space within an apartment building, industrial building, commercial building, mobile home park, or trailer park. c. Division by mineral , oil , or gas leases. The term "Division of Land" shall also refer to a condominium project, as defined in California Civil Code Section 1350, and a community apartment project, as defined in California Business and Professions Code Section 11004, containing two or more parcels. Section 9202.11 . DRAINAGE FACILITY. Any drainage device or structure which may be used to control or direct the flow of water and/or alleviate flood hazard, including, but not limited to, berms, channels, culverts, curbs, ditches, gutters, pavement, and pipes. Section 9202.12. FLOOD HAZARD. A potential danger to life, land, or improvements due to inundation or storm water runoff having sufficient velocity to transport or deposit debris, scour the surface soil , dislodge, or damage buildings, or erode the banks of water courses. ' Section 9202.13. FRONTAGE. The front lot line adjoining a street, or an easement which the Commission has determined adequate for access purposes, or a side lot line on the street side of a corner lot. Section 9202.14. FUTURE STREET. Any real property which the owner thereof has offered for dedication for street purposes and the offer has been rejected by the City Council , subject to the right of said -Council to rescind its act and accept by resolution at any later date and without further action by the owner, all or any part of said property as a public street. -5- i Ord. No. 76-384/Page6 Section 9202.15. GENERAL PLAN. A Master Plan, or any element thereof, adopted by the City of Carson pursuant to the provisions of Chapter 3, Title 7, Government Code, State of California. Section 9202.16. GEOLOGICAL HAZARD. A hazard inherent in the earth or artificially created, which is dangerous or potentially dangerous to life, property, or improvements ' due to the movement, failure, or shifting of earth. Section 9202.17 IMPROVEMENTS. Such structures or facilities to be installed or agreed to be installed by a subdivider on land to be used for public or private alleys, streets, highways , or other easements as a condition precedent to the approval and/or acceptance of a tract map or parcel map, including, but not limited to, street surfacing, curbs, gutters, sidewalks, street trees, street lights, street signs, sanitary sewers, water mains, and drainage facilities. Section 9202.18. LEASE. An oral or written agreement or contract, tenancy at will , month-to-month, or simil.ar tenancy. Section 9202.19. LOCAL CITY STREET. A dedicated street serving as the .principal means of access to property, which street is not shown on the Master Plan of Streets and Highways as a major or secondary highway or through collector street or through industrial street or which has not been designated as a specific type street by action of the City Council . Section 9202.20 LOT. ' A parcel of real property satisfying at least one of the following conditions: 1. A parcel with a separate and distinct number or other designation shown on a plat recorded in the Office of the County Recorder, or 2. A parcel delineated on an approved record of survey, lot split or lot division map as filed in the Office of the Planning Department, or 3. A parcel containing not less than the required area in the zone in which it is located, abutting at least one (1) public street, or easement which the Commission has designated adequate for access purposes, and shown on the records of the County Assessor as held under separate ownership from adjacent property on the effective date of this Chapter. -6- f Ord. No. 76-384/Page 7 Section 9202.21 . MAJOR HIGHWAY: A highway designated as a Major Highway on the Master Plan of Streets and Highways of the City of Carson. Section 9202.22. MINOR LAND DIVISION. Minor Land Division refers to a subdivision for which a final parcel map creating five or more parcels or a final tract map is not required by the Subdivision Map Act or by this Chapter. ' Section 9202.23. PARCEL MAP. A final map prepared in accordance with the provisions of this Chapter and of the Subdivision Map Act, which is to be filed in the office of the County Recorder as a parcel map. Section 9202.24. PERSON. An individual , firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the Federal , State, City, or County Government, or Special District, or any other group or combination acting as an entity. Section 9202..25.. SECONDARY HIGHWAY. A highway designated as a Secondary Highway on the Master Plan of Streets and Highways of the City of Carson. Section 9202.26. SECTION. A section of this Chapter unless otherwise specified. Section 9202.27. SHALL - MAY. "Shall " is mandatory; "May" is permissive. Section 9202.28.. STATE HIGHWAY. A street under the jurisdiction of the State of California. Section 9202.29. SUBDIVIDER. A person, firm, corporation, partnership, or association who proposes to divide, divides, or causes land to be divided into a subdivision as defined in Section 9202.30 of this Chapter. i Section 9202.30 . SUBDIVISION. A division of land. Section 9202.31 . SUBDIVISION MAP ACT. Division 2 of Title 7 of the California Government Code. -7- s i 1 s j 3 a i Ord. No. 76-384/Page 8 Section 9202.32. TENTATIVE MAP. A tentative map. prepared in accordance with the provisions of this Chapter and the Subdivision Map Act. Section 9202:33. TRACT MAP A final map prepared in accordance with the provisions of this Chapter and applicable provisions of the Subdivision Map Act, which is to be filed in the office of the County Recorder as a tract map. ' Section 9202.34. ZONING ORDINANCE. The Comprehensive Zoning Plan of the City of Carson. Sections 9202.35 - 9202.40 Reserved. PART 3. TENTATIVE MAPS Section 9203.1 TENTATIVE MAPS - GENERAL. Tentative maps shall be prepared and processed in accordance with the provisions of the Subdivision Map Act and with the provisions of this Chapter. Section 9203.2. MAP NUMBERS. The subdivider or his agent shall apply for a map number prior to submission of a tentative map. Map numbers shall be assigned by the County Engineer. Section 9203.3. 'TENTATIVE MAP PREPARATION. Each tentative map shall be prepared in accordance with the following requirements: a. Tentative maps shall be prepared by or under the direction ' of a registered California civil engineer or a licensed California land surveyor. b. Each tentative map shall clearly show the details of the plan thereon. Whenever practicable, map sheets should be no less than eighteen by twenty-six inches. In no case shall the scale be less than one inch to one hundred feet. c. The Director shall determine the number of copies of a tentative map which a subdivider shall submit. One copy shall be repro- ducible pr-int of a type approved by the City Engineer. d. The Director, prior to accepting an application for any tentative map approval , shall first review the proposal and complete an Environmental Assessment. If a draft Environmental Impact Report is required, the application for tentative map approval shall not be considered completed until a final Environmental Impact Report is ready for presentation to the Advisory Agency. The final environmental determination shall be made by the Advisory Agency. -8- Ord. No. 76-384/Page 9 Section 9203.4. IDENTITY OF SUBDIVIDER; When a tentative map is .submitted, the Advisory Agency may require the subdivider to show that he is the owner of the property shown on the map as proposed for subdivision; or that he has an option or contract to purchase the property or that portion of which he is not the owner; or that he is the authorized agent of one who can comply with these requirements. Section 9203.5 TENTATIVE MAP CONTENTS. Each tentative map shall show and contain the following information: a. The assigned map number. b. The date of preparation, north point, and scale. c. The boundary of the division of land shown to scale and tied to a known point. d. A key map, indicating the location of the proposed division of land in relation to the surrounding area. e. The approximate contours, showing existing topography. f. The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each water course. g. The approximate location of all trees standing within the boundaries of proposed rights of way. h. The location, width, approximate grade, and center line radius of existing and proposed streets, alleys, highways, ways, and easements which are within or adjacent to the proposed division of land. i . The existing street improvements, including drainage structures. j. Actual names for existing streets or highways and a proposed name for any new streets or highways. k. A label or identifying note for existing or proposed easements other than streets or highways. 1 . The approximate layout of lots, including approximate dimensions and lot numbers, and, where pads are proposed for building sites, the approximate finish grade. m. The approximate location of existing structures, shown to scale, within or immediately adjacent to the division of land. Show house numbers, and label each structure with the proposed disposition. -9- i Ord. No. 76-384/Page 10 n. The general location of all proposed buildings and structures which are to be divided into units of air space and the means of access thereto, where the division of land consists of a condominium or community apartment project. o. If necessary, a generalized plan of proposed development adjacent to the division of land showing the compatibility of the development with existing and future development in the neighborhood. ' Section 9203.6. WRITTEN STATEMENTS. Each tentative map shall be submitted with written statements containing the following information and acknowledgements: a. The name and address of the subdivider. b. The name, address, and license or registration number of the person who prepared the tentative map or who directed the preparation of the tentative map. c. A statement by a person holding a proprietary interest in the parcel or parcels comprising the division of land, consenting to the submission of the tentative map. d. The proposed use of parcels shown on the tentative map, together with the present and proposed zoning. e. The legal description of the land in the proposed division of land. f. A copy of conditions, covenants, and restrictions proposed by the subdivider, if any. g. A statement detailing the arrangements which the subdivider pro- poses to make for the operation and maintenance of common parcels and easements, if any. h. The source of water supply and the proposed method of sewage disposal . i . The results of percolation tests, if required, performed in accordance with the standards of the Health Officer, where a private system of sewage disposal is proposed. j. A geological and/or soils report, if required by the City Engineer, prepared by a licensed geologist and/or registered civil engineer, stating the effect of geological or soil conditions on the proposed development. k. An environmental assessment statement and/or input for a draft Environmental Impact Report, as determined by the Director. , -10- Ord. No. 76 384/Page 1' The written statements required by this Section shall become a part of the tentative map upon submission to the Director. Section 9203.7. REVERSION TO ACREAGE. Prior to the submission of a final map for the purpose of reverting to acreage land previously subdivided, a tentative map shall be prepared and processed in accordance with the provisions of the Subdivision Map Act and with the provisions of this Chapter. A final parcel map may be approved for reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. A reversion to acreage map shall comply with the requirements imposed by this Chapter for a tract map or a parcel map. Section 9203.8. PRELIMINARY PROCESSING. Tentative maps and required written statements shall be submitted to the Director. The Director shall distribute copies of tentative maps and, where appropriate, required written statements to each member of the Subdivision Committee, a City requesting extraterritorial review of tentative maps pursuant to the Subdivision Map Act, and to other agencies as necessary. Section 9203.9. SUBDIVISION COMMITTEE REVIEW. The Subdivision Committee shall make recommendations on tentative maps within forty days subsequent to the submission thereof. Section 9203.10. DIRECTOR'S REPORT. The Director shall prepare a written report, setting forth the recommendations of the Subdivision Committee and the contents of departmental reports sub- mitted to the Director by City Officers or Departments or other interested agencies. The Director shall transmit his report, together with a copy of ' the tentative map, to the Advisory Agency. The Director shall provide the subdivider with a copy of the Director's report prior to final action on the tentative map by the Advisory Agency. If the subdivider or his authorized representative does not receive the report in person, this provision shall be deemed accomplished when the Director's report is placed in the mail , bearing the proper postage, and directed to the subdivider at his designated address. Section 9203 11 .. ADVISORY AGENCY ACTION. The Advisory Agency will review the report of the Director and shall approve, conditionally approve, or disapprove a tentative map within fifty days after the tentative map has been filed. Section 9203.,12. VARIANCES. The City Council and/or Advisory Agency may grant variances to the provisions of this Chapter which it determines are warranted because of the size or shape of the division of land, unusual physical conditions, title restrictions, the proposed use of one or more parcels, or the nature of the interest to be conveyed in parcels created by the proposed division of land. The City -11- i Ord. No.'76-384/Page 12 Council and/or Advisory Agency shall declare its decision on all variances stating the grounds for each variance. The variances and/or conditions shall be included in the report on the tentative map and shall become a part thereof. No variance shall be granted . which has the effect of negating the provisions of an Ordinance of this City other than this Chapter or which is inconsistent with the provisions of State law. Section 9203.13. TIME LIMITS. The time limits for acting and reporting on tentative maps and appeals, as specified in this Chapter and by the Subdivision Map Act, may be extended by mutual consent of the subdivider and the Advisory Agency or the City Council , as the case may be. Section 9203.14. ADVISORY AGENCY FINDINGS. The Advisory Agency shall make the findings required by Sections 66473.5, 66474, 66474.1 , and 66474.6 of the California Government Code and Section 21100 of the California Public Resources Code prior to approval of the tenta- tive or final tract map or parcel map. Section 9203.15. NOTIFICATION OF REAL ESTATE COMMISSIONER. If a division of land creates five or more lots, the Director shall forward a copy of the conditions of approval of the tentative map to the State Real Estate Commissioner. Section 9203.16. PROCESSING AND APPROVAL. The tentative map shall be processed and approved by the Advisory Agency and/or City Council in accordance with the terms and provisions and limitations of the Subdivision Map Act and this Chapter. Section 9203.17. MODIFICATION OF TENTATIVE MAP. ' No final map shall be filed with the City Council for approval unless the final map conforms with the tentative map and any conditions imposed in respect thereto by the Advisory Agency. Section 9203.18. BUILDING AND OCCUPANCY PERMITS. A building may be constructed, a permit for the construction of a building may be issued, and a portion of a parcel may be used when conforming to the provisions of this Chapter and prior to the recordation of the approved tract map. No occupancy permit shall be issued, however, prior to the recordation of the approved final map. Section 9203.19. APPEALS. A subdivider dissatisfied with an action taken by the Advisory Agency with respect to a tentative tract map or parcel map, may appeal to the City Council . -12- Ord. No. 76-384/Page T3 Any interested person may appeal to the City Council any decision of the Advisory Agency relative to its assigned duties under the provisions of Sections 66473.5, 66474, 66474.1 , and 66474.6 of the California Government Code. All appeals shall be submitted and acted upon in the manner prescribed for appeals of actions taken on tentative maps of subdivisions by Section 66452.5 of the California Government Code. Section 9203.20. ELIGIBILITY FOR WAIVER. A division of land which is a property line adjustment between two adjacent ' lots or parcels as shown on a recorded or filed tract reap, parcel map, or approved record of survey shall be eligible for waiver of the requirement that a final parcel map be filed except where the tentative conditions of approval thereof require any dedications or improvements. A Certificate of Compliance shall be recorded where the waiver of a final map is approved. Section 9203.21 . CERTIFICATE OF COMPLIANCE. A request for a certificate of compliance shall be made in writing on a standardized form provided by the City Engineer. It shall be signed and acknowledged by all owners of record of the land comprising the division of land. If requested, a plat map showing sufficient mathematical and survey information to adequately establish the boundaries of the division of land and each parcel thereof shall be provided by the subdivider. A preliminary title report may also be required to verify the information presented in the Certificate of Compliance. Section 9203.22. STREET NAMES. Street names shall be assigned by the City Engineer and reviewed by the Subdivision Committee. The Advisory Agency and the City Council shall review the recommended street names during the approval process of the tentative map and final map. The approval of the final map by the City Council shall also constitute approval of the street names shown on the final map. Sections 9203.23 - 9203.30 Reserved. PART 4 TRACT MAPS - PARCEL MAPS Section 9204.1 . TIME LIMIT ON TRACT MAPS. Within eighteen months after the approval or conditional approval of a tentative map, a subdivider may cause the proposed division of land to be accurately surveyed and a final tract map prepared and filed in the office of the County Recorder. The time limit for such filing may be extented by the Advisory Agency for periods not to exceed a total of two years. -13- i Ord. No. 76-384/Page 14 Section 9204.2. TIME LIMIT ON PARCEL MAPS. Within one year after the approval or conditional approval of a tentative map, a subdivider may cause the proposed division of land to be accurately surveyed, if necessary, and a final parcel map prepared and filed in the office of the County Recorder. The time limit for such filing may be extended by the Advisory Agency for periods not to exceed a total of two years. Section 9204.3. CONFORMITY TO THE TENTATIVE MAP. The tract map, parcel map, or Certificate of Compliance shall conform to the approved tentative map and to the requirements and conditions contained on the report approving the tentative map. No tract map, parcel map, or Certificate of Compliance shall be accepted by the City Engineer unless a tentative map has been approved by the City Council or Advisory Agency. Section 9204.4. SUBMISSION. Tract maps, parcel maps, or Certificates of Compliance shall be submitted to the City Engineer. A subdivider shall submit sufficient copies of the tract map, parcel map, or Certificate of Compliance to permit the City Engineer to furnish copies to City Officers and Departments and to other public agencies which, in the opinion of the City Engineer, may have an interest in the map. Section 9204.5. REPORTS. i Each Officer or Department, within fifteen days after the receipt of a print of a tract map, parcel map, or Certificate of Compliance, shall report, in writing, to the City Engineer as to the compliance or non- compliance of the map with the approved or conditionally approved tentative map. Section 9204.6. DEDICATIONS - FINAL PARCEL MAPS. ' Dedications or grants of easements required as a condition precedent to filing a parcel map may be made either by certificate on the final parcel map or by separate instrument, accepted and recorded prior to or concurrently with the filing of the parcel map. Section 9204..7. DEDICATIONS - REVERSION TO ACREAGE. The Advisory Agency may require dedications as a condition precedent to filing a map for the purpose of reverting to acreage land previously subdivided. Section 9204.8. DEDICATIONS - STREETS, HIGHWAYS, ALLEYS AND OTHER VEHICULAR AND PEDESTRIAL RIGHT OF WAY Except as otherwise provided by this Section, streets, highways, alleys, and other vehicular and pedestrial rights of way, or portions thereof, which are required as a condition precedent to filing a tract map or parcel map, shall be offered for public use. -14- i Ord. No. 76-384/Page 1,5 With the approval of the City Council , a street or alley which is intended to be kept physically closed to public travel or posted as a private right of way may be shown as a private street or alley. Private streets and alleys shall be conditionally dedicated, which offer may be accepted by the City Council , if the street or alley ceases to remain physically closed or posted and is open to public travel for a period of three months or more. Section 9204.9. FUTURE STREETS AND ALLEYS. Future streets and alleys shall be offered for public use, which offer shall ' remain open for an indeterminate period of time until the City Council determines that the opening of the street or alley is warranted. The owners of the underlying fee to any portion of a future street or alley shall retain the right to any and all ordinary uses of such land, except the erection or construction thereon of any structure not ordinarily placed in public streets or alleys, until such time as the City Council opens the street or alley for public use. Section 9204,10, ACCESS RIGHTS. Access to major and secondary highways and to local city streets shall be regulated by the Director of Public Works. Section 9204.11 . RESTRICTED USE AREAS. The right to restrict the erection of buildings or other structures within those portions of lots which are shown as being subject to flood hazard, inundated, or geological hazard on a tract map or parcel map shall be dedicated. Section 9204,72, SEWERS AND DRAINS. If sewers or drains or both are required for the general use of lot owners in a division of land and such sewers or drains are not to be installed within public highways, streets, or alleys, the necessary easements shall ' be granted. Section 9204.13. NATURAL WATERCOURSES. In the event that a division of land is traversed by a major watercourse, channel , stream, swale, or creek, the Advisory Agency may require that an adequate right of way be dedicated for storm drainage purposes. Section 9204.14. TRACT MAPS AND PARCEL MAPS - GENERAL REQUIREMENTS a. Tract maps and parcel maps shall be prepared in accordance with the requirements of the Subdivision Map Act and of this Chapter and shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. -15- Ord. No. 76-384/Page 16 b. The division of parcels which are hot abutting shall be shown on separate maps, unless such parcels are separated because of the interposition of a highway, street, alley or railroad, or public utility, or flood control right of way. c. Driveways delineated on the final map shall be labeled as "Fire Lane" if they are also for emergency vehicle use. Section 9204.15. TITLE SHEET. a. The title sheet of each map shall contain a title, consisting of the words "Tract No." and the map number on a tract map, or the words "Parcel Map No." and the map number on a parcel map. The title shall also contain the words "In the City of Carson" or "partly in the City of Carson and partly in . ." (here insert the name for the political division involved). b. The title sheet shall also contain a subtitle consisting of a description of all of the property being divided by reference to maps previously filed or recorded in the office of the County Recorder or previously filed with the County Clerk pursuant to a final judgment in any action in partition or by reference to the plat of a United States survey. Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "Being a Reversion to Acreage of . . " (insert a legal description of the land being reverted). Each reference in these subtitles must be spelled out and worded identically to the original record thereof. A complete reference to the book and page of the cited record must be included. c. The title sheet for a parcel map shall contain the certificate of the surveyor or engineer referred to in Section 66449 of the California Government Code. A title sheet for a tract map shall contain the certificate of the surveyor or engineer referred to in Section 66441 of the California Government Code. The title sheet ' or at least one map sheet shall contain a basis of bearings, making reference to a filed tract map, County Surveyor's map, or other record acceptable to the City Engineer, when the map is based upon a field survey. d. Required certificates, affidavits, and acknowledgments may be legibly stamped or printed on the title sheet of a tract map or parcel map with opaque ink. All required signatures shall be written with black opaque ink. All such entries shall be readily reproducible by any normal method of reproduction. Section 9204.16. MAP SHEETS - FORMAT. On each map sheet of a tract map or a parcel map, the lettering shall be oriented so that, with the north point directed away from the reader, the map may be read most conveniently from the lower right hand corner of the sheet. Each map sheet shall bear the main title of the map, the scale, north point and sheet number, and designation of the relation, if any, between the sheet and each other sheet comprising the tract map or parcel map. -16- Ord. No. 76-384/Page 17 Section 9204.17 DIVISIONS OF LAND .FOR-PURPOSE OF LEASE ONLY. If the Advisory Agency approves a variance pursuant to Section 9203.12 because a division of land is for lease only, there shall appear on a tract map or parcel map of the division in letters not less than one- fourth inch in height the words: "DIVISION OF LAND FOR PURPOSE OF LEASE ONLY." Section 9204.18.. LOT NUMBERS AND AREA DESIGNATION. All lots shall be numbered. Lot numbers shall begin with the numeral "1" ' and continue consecutively without omission or duplication throughout the entire map. No prefix or suffix or combination of letter and number shall be used. Each lot shall be shown entirely on one sheet. Upon each lot containing an area of three-fourths of an acre or more shall be designated the acreage of the lot to the nearest one-hundredth of an acre. Section 404.19 LOT, BLOCK, AND BOUNDARY LINES. The bearing and length of each lot, block, and boundary line shall be shown on a tract map or parcel map, except that, when bearings and lengths of lot lines in ,a series of lots are the same, the bearings or lengths may be omitted from each interior, parallel lot line of the series. Each required bearing or length shall be shown in full , and no ditto mark or other designation of repetition shall be used. The length, radius, and total central angle or bearings of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, or the central angle of each segment within each lot, shall be shown. Section 9204.20.. WIDTHS AND CENTERLINES OF STREETS, HIGHWAYS, ALLEYS, AND OTHER WAYS. Each tract map or parcel map shall show the centerline, the total width, and the width on each side of the centerline of each street, highway, alley, or other way appearing on the map. The bearing and length of each tangent and the radius, central angle, and length of each curve shall be shown on each centerline. The map shall also show the width of right of way to be dedicated on the map when only a portion of a street, highway, alley, or way is within the map boundary. Section 9204.21 . PRIVATE AND FUTURE STREETS AND ALLEYS. Tract maps and parcel maps shall show sufficient mathematical data to clearly indicate the portion of each lot which is within private and/or future streets or alleys, in addition to the width and centerline detail required by Section 9204.20 . Right of way lines for private and/or future streets or alleys shall be dashed. Each private or future street or alley shall be clearly identified as such. Section 9204..22.. STREET AND HIGHWAY NAMES. a. Tract maps and parcel maps shall show the name of each highway or street, other than a future street, appearing on the map. Street and highway names shall be shown in or arrowed to the right. of way. -17- i Ord. No. 76-384/Page 18 b. If only a portion of a street or highway is to be dedicated on a map, the street or highway name shall be shown or arrowed into both the portion to be dedicated and the existing portion of the street or highway. c. The word "Avenue," "Street," "Place," or other street or highway designation shall be spelled out in full . Section 9204.23. RAILROAD, TRANSMISSION LINE, AND FLOOD CONTROL RIGHTS OF WAY. ' Tract maps and parcel maps shall show the width and location of each rail- road or transmission line right of way, fl.00d control channel , or other similar rights of way appearing on the map. Rights of way which appear on a map as a lot or a series of lots shall be shown as provided in Sections 9204.18 and 9204.19. Section 9204.24. EASEMENTS REQUIRED - TRACT MAPS AND PARCEL MAPS. Tract maps and parcel maps shall show all easements or restrictions j which are a burden upon lots in the division or reversion or which are required as a condition precedent to filing the map. Section 92'04.25. EASEMENTS - HOW SHOWN. The centerlines or sidelines of each easement shall be shown. Widths, centerline or sideline data, and ties shall be shown, as necessary, to definitely locate each easement. Easement sidelines shall be shown as E fine dashed lines. Distances and bearings on the sidelines of lots which are cut by easements shall be arrowed or otherwise shown so as to clearly indicate the actual length of each lot line. Each easement shall be clearly labeled and identified and , if of record, the record reference shall be shown thereon. If an easement is to be granted by separate instrument, the record reference shall be shown on the map prior to the time of filing. Notes or figures pertaining to easements shall be sub- ' ordinated in form and appearance to other notes or figures on the map. If an easement cannot be definitely located, a statement showing the existence of such easement shall be placed on the map. i { Section 9204.26. CITY BOUNDARY .LINES. Tract maps and parcel maps shall show each city boundary line crossing or adjoining a division or reversion. Each such line shall be clearly designated and tied. Section 9204.27 -LOTS SUBJECT TO FLOOD HAZARD, INUNDATION, OR GEOLOGICAL HAZARD. If any portion of a lot shown on a tract map or parcel map is subject to flood hazard, inundation, or geological hazard, and the hazard is not to be removed as a condition precedent to filing the map, the hazard area and a prominent note identifying the hazard shall be shown on the map. -18- i Ord. No. 76-384/Page 19 Section 9204.28. NATURAL WATERCOURSE DESIGNATION. In the event that dedication of right of way for storm drainage purposes is not required, the Advisory Agency may require that a tract map or parcel map show the location of any natural watercourse, stream, channel , swale, or creek which traverses the map. Section 9204.29. PARCEL MAPS - COMPILED FROM RECORD DATA. If a parcel map is compiled from record data, the source of information used shall be contained in a note on one sheet of the map. ' Section 9204.30. EVIDENCE DETERMINING BOUNDARY. Each tract map and each parcel map for which a survey is required shall show evidence found on the ground of sufficient corners of prior surveys or such other evidence as may be suitable to precisely locate the boundaries of the division or reversion shown on the map. Each stake, monument, or other object found shall be fully described and referenced'. The method used to establish each point or line shall be clearly shown and explained on the map. Section 9204.31 . SURVEY PROCEDURE AND PRACTICE. The procedure and practice for all survey work done for preparation of a tract map or parcel map shall conform to the standards and details set forth in Chapter 15, Division 3, of the California Business and Professions Code, the Land Surveyor's Act. The allowable error of closure on any portion of a tract map or parcel map shall be 1/10,000. In the event that the County Engineer, County Road Commissioner, the State Highway Engineer, or City Engineer shall have established the centerline of any highway, street, or alley shown on a tract map or parcel map, the map shall show such centerline, together with a reference to a field book or map showing such centerline and the monuments which determine its position. If determined by ties, that fact shall be stated upon the tract map or ' parcel map. Section 9204.32. MONUMENTS. a. Each tract map and each parcel map for which a survey is required shall show durable monuments found or set at or near each boundary corner and at intermediate points, approximately one thousand feet apart, or at such lesser distances as may be made necessary by topography to insure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and character .of each such monument shall be shown on the map. Such durable monument shall be not less substantial than an iron pipe of a two inch outside diameter, not less than two and one-half feet in length, with plug and tack, and set at least two feet into the ground or of such other character and stability as may be approved by the City Engineer. For the purposes of this Chapter, a lead and tack set in permanent concrete or masonry shall be considered as a durable monument. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map. -19- Ord. No. 76-384/Page20 b. Whenever necessary, in the opinion of the City Engineer, centerline monuments shall be set to mark intersections of streets or intersections of streets with the map boundary or to mart; either the beginning and end of curves or the points of intersections of tangents thereof or other intermediate points. Each such monument shall be not less durable and substantial than a lead and tack in asphaltic concrete or cement pavements; a two inch iron pipe set not less than twelve inches below the surface, or at such depth as may be approved by the City ' Engineer; or a spike not less than six inches long in bituminous macadam pavements. For each centerline monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the City Engineer a set of notes, clearly showing the ties between the monument and a sufficient number (normally four) of durable, distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in sidewalks, or two inch by two inch stakes setback of the curbline and below the surface of the ground, or a substitute therefore which appears to be not likely to be disturbed. Each set of notes submitted shall conform in all respects to the standardized office records of the City Engineer. All such notes shall be indexed and filed by the City Engineer as a part of the permanent public records of his office. c. All monuments found or set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or suveyor under whose supervision the survey was made. d. All boundary monuments shall be set prior to filing the tract ' map or parcel map. Interior street centerline monuments may be set subsequent to filing of the tract map or parcel map. The tract reap or parcel map shall show which monuments are in place and which are to be set. Prior to certification of the tract map or parcel map by the City Engineer, the subdivider shall submit a written agreement in which he agrees that monuments deferred will be set within a specified time and that the notes required in Section 9204.32.b. will be furnished within a specified time. e. All monuments shall be subject to inspection and approval of the City Engineer. Section 9204.33. EVIDENCE OF TITLE - TRACT MAPS AND PARCEL MAPS. The evidence of title required for tract maps and parcel maps where signatures appear on the final map by the provisions of Section 66465 of the California Government Code shall be a certificate of title or a guarantee of title issued by a title insurance company authorized by the laws of the State of California to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein. In the event that land in the City of Carson -20- i Ord. No. 76-384/Page 21 is to be dedicated, the certificate of title or guarantee of title shall be issued for the benefit and protection of the City of Carson. The certificate or guarantee shall be dated and delivered upon request of the City Engineer when the map is ready for filing. Section 9204.34. WAIVER OF SIGNATURES - TRACT MAPS AND PARCEL MAPS. If the owner of an easement in a right of way offered for public use on a tract map or parcel map where dedications are made by certificate on the parcel map, who has no other interest whatever in any part of the ' lands included within the division or reversion, refuses to make his easement subject to the right of way offered to the public but the map, in all other respects, complies with this Chapter, with the Subdivision Map Act, and with other applicable statutes and ordinances, and the City Council finds that the subdivider has, in good faith, attempted to obtain the necessary signature fron the owner and has been unable to do so and that a refusal to accept the map for filing would work an undue hardship on the subdivider, then by a majority vote of all its members, the City Council may accept the tract map or parcel map for filing. Section 9204.35. EASEMENT CERTIFICATE - TRACT MAPS AND PARCEL MAPS. Tract maps or parcel maps on which easements are offered for public use shall have written thereon, in addition to or as a part of any other certificate required, a certificate signed by any persons claiming an interest in the lands included within the division or reversion shown on the map, other than an interest which cannot ripen into a fee, in substantially the following form: "We hereby certify that, except as shown on a copy of this map on file in the office of the City Director of Public Works, we know of no easement or structure existing within the ease- ments hereby offered for dedication to the public, other than publicly owned water lines, sewers, or ' storm drains; that we will grant no right or interest within the boundaries of ,said easements offered to the public except where such right or interest is expressly made subject to the said easements." Section 9204.36. SEPARATE INSTRUMENTS - PREPARATION AND EVIDENCE OF TITLE. Separate instruments shall be prepared by the City Engineer. When dedicating by separate instrument, the subdivider shall submit a title report, prepared in favor of the City, which indicates who is required to sign the separate instrument to, pass clear title to the City. This title report shall be kept up to date and the City shall be notified of any change until such time as the separate instrument is recorded. -21- i Ord No. 76-384/Page 22 Section 9204.37. RECORD TITLE INTERESTS ON PARCEL MAPS. The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the parcel map. Section 9204.38. EVIDENCE OF TITLE FOR PARCEL MAPS. Evidence of title shall be submitted with all final parcel maps. If no signatures appear on the final parcel map, the evidence of title may be a preliminary title report/guarantee. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds, together with the name of the trustee, and all easement holders. Section 9204.39. SOIL REPORTS. When a soil report has been prepared, this .fact shall be on the final map, together with the date of the report and the name of the engineer making the report. Preliminary soil reports shall be required in accordance with Section 17953 of the California Health and Safety Code. Sections 9204.40 - 9204.50. Reserved. PART 5 DESIGN Section 9205.1 . ACCESS. Access to a division of land shall be by means of an improved public street or highway. Where access cannot be obtained from an improved public street or highway, the Advisory Agency may approve a tentative map where access is obtained from an off-site ingress and egress easement which shall have a minimum width of twenty-four feet and shall be improved with a minimum paving width of twenty feet. ' Section 9205.2. HIGHWAYS - CONFORMITY WITH GENERAL PLAN. If the Circulation Element of the General Plan shows a highway so located that any portion thereof lies within a division of land, that portion of the highway which is within the division shall be included in the design of the division unless the Advisory Agency determines that there is a reasonable probability that the General Plan will be amended to remove or relocate the highway so that it is no longer within the division of land. If the Advisory Agency determines that the present acceptance and construction of a highway or portion thereof is not warranted, the highway or portion thereof shall be included in•the division of land as a future street. Section 9205.3. HIGHWAYS - ALIGNMENT. If a centerline has been established for a highway, the alignment of the highway shall conform to the established centerline. If no centerline has been established, the alignment shall be substantially as shown on the Circulation Element of the General Plan. The centerline curve radius of a major highway shall be not less than one thousand five hundred (1500) feet. The centerline -22- i Ord. No. 76-384/Page23 curve radius of a secondary highway shall be not less than one thousand (1000) feet. Highways shall intersect with streets and other highways as nearly at a right angle as is practical . No highway shall have a grade of more than six (6) percent nor less than four-tenths (0.4) of one (1) percent. If in the opinion of the Director of Public Works, topographical conditions do not permit in meeting the minimum grade requirements, this will necessitate the installation of additional catch basin inlets and/or extra width gutters, as determined by the Director of Public Works and his advisory agents. ' Section 9205.4. HIGHWAYS WIDTHS. Major highways shall have a width of one hundred (100) feet and eighty- four (84) feet between curbs and secondary highways shall have a width of eighty (80) feet and sixty-four (64) feet between curbs, unless a different width is indicated on the Circulation Element of the General Plan, or where it is necessary to match existing highway widths which differ as determined by the advisory agency. Section 9205.5. STREET ALIGNMENT AND GRADE The alignment of streets shall be such as to provide at least fifty feet of frontage for each lot in the division of land, at least forty feet of frontage for each lot abutting the cul de sac portion of a street, and, where necessary, to provide for the future development of adjacent properties. Centerline jobs of one hundred fifty (150) feet or less for left hand vehicle turning configurations and centerline jobs of four hundred (400) feet or less for right hand vehicle turning configurations shall be avoided wherever practical . On any street, no centerline curve radius of less than two hundred feet shall be provided. A centerline having an arc length of less than one hundred feet shall not be permitted unless the centerline radius is greater than three thousand feet. Streets shall intersect with other streets and highways as nearly at a right angle as practicable. ' No street shall have a grade of less than four-tenths (0.4) of one (1) percent nor more than ten (10) percent. If in the opinion of the Director of Public Works, topographical conditions do not permit in meeting the minimum grade requirements, this will necessitate the installation of additional catch basin inlets and/or extra width gutters, as determined by the Director of Public Works and his advisory agents." Section 9205.6. STREETS A14D ALLEYS - RIGHT OF WAY AND ROADWAY WIDTHS. Streets and alleys shall have the following minimum right of way and roadway widths: -23- Ord. No. 76-384/Poge,24 a. Residential entrance streets from master plan highways, through collector streets, streets adjacent to schools, and multiple residential use streets: � 64 1 5 5 b. Interior collector and local streets, cul-de-sac streets, and loop streets: 60 i2 36 12 5 5 c. Industrial and commercial streets - entrance or collector: 80 8 6 $ d. Industrial and commercial - cul-de-sac or loop: ' 64 8 48 8 e. Alley: ao *Full width sidewalk may be required by the Parkway Section of the Circulation Element of the General Plan. -24- Ord. No. 76-384/Page 25 Section 9205.7. FUTURE STREETS AND ALLEYS. The Advisory Agency may require that future streets and alleys be provided for the future division of lots shown on the tentative map and for the development of adjoining property. i Section 9205.8. ALLEYS/SERVICE ROADS. i The Advisory Agency may require that an alley/service road be provided at the rear of lots which are intended for multiple residential (not_ including two-family use) , commercial , or industrial use. Section 9205.9. CUL-DE-SAC STREETS AND DEAD-END ALLEYS. An adequate turning area, conforming to the specifications of the Director of Public Works shall be provided at the end of cul-de-sac streets and deaa-end alleys. Section 9205.1G. RIGHT-OF-WAY CORNER. t Intersections of road right-of-way lines, where one or both streets are local residential , shall be rounded with a curve having a radius of thirteen feet unless otherwise determined by the Director of Public Works. Intersections of road right-of-way lines where both streets are highways or one of the streets serves a commercial or industrial development, shall be rounded with a curve having a radius of twenty-seven feet, unless other- wise determined by the Director of Public Works. Section 9205.11 . LOT DESIGN. a. Each lot in a division of land shall have the required area and the required width as defined in the Zoning Ordinance. Where said Zoning Ordinance does not establish a required area and/or ' width in a particular zone, the required area shall be five thousand square feet and the required width shall be fifty feet. j Strips of land intended for use as vehicular access shall not be j included in calculating average width or required area. b. If a lot is in more than one zone, then the area and width thereof shall be not less than the area and width requirements, respectively, in that zone in which any part of the lot is located which has the largest area requirement and in that zone in which any part of the lot is located which has the greatest width requirement. c. This Section does not apply to any lot which the subdivider offers to deed or dedicate to the public. d. Where public sewers are not available and private sewage disposal is to be used, every lot or parcel or building site shall be of sufficient size to provide for satisfactory sewage disposal for, land use intended. i -25- i i Ord. No. 76-384/Page26 e. In all cases where practical , the sidelines of lots shall be at an approximate right angle to the street upon which such lots front. f. Wherever practical , divisions of property abutting rights of way for freeways, highways, railroads, transmission lines, and flood control channels shall be designed so as to create lots which back up to said rights of way. ' g. The Advisory Agency may determine that, by reason of circum- stances peculiar to the proposed subdivision for the use proposed to be made of the property in the subdivision, the public peace, health, safety, and -welfare will be protected adequately by lots of lesser frontage or area than that specified in this Section. h. This Section applies only to future divisions of- land within the City and shall not be deemed to limit the existing require- ments imposed under the Zoning Ordinance as to lots already subdivided. Section 9205.12. CITY BOUNDARY. No lot shall be divided by a City boundary line. Each such boundary line shall be made a lot line. Sections 9205.13 - 9205.20. Reserved. i PART 6. IMPROVEMENTS Section 9206.1 . GENERAL REQUIREMENTS. Improvements required to be installed or agreed to be installed by a subdivider as a condition precedent to the filing of a tract map or parcel map shall comply with the requirements of this Chapter Such improvements shall be provided and developed in accordance with the ,conditions imposed as a condition of approval of the tentative map, in accordance with any agreement or bond made or entered into by the sub- divider for that purpose, and in accordance with the standards and speci- fications set by administrative regulations and ordinances of the City of Carson applicable at the time of approval of the tentative map and to the satisfaction of the Director of Public Works. Section 9206.2. IMPROVEMENT AND SITE DEVELOPMENT PLANS. Plans, profiles , and "specifications for improvements other than street and highway improvements shall be submitted to the City Engineer not later than the time a tract map or parcel map is submitted for checking and certification. Such plans shall show all details of the proposed improve- ments needed for approval of the plans by the City Engineer. Such details may include requirements of other governmental bodies whose jurisdiction some portion of the plan may encompass. -26- Ord.. No. 76-384/Page 27 Final plans must be approved by the City Engineer before a tract map or parcel map is transmitted to the City Council for approval if the subdivider applies for a reimbursement agreement, or if another governmental agency, whose approval of plans is necessary, will not approve preliminary plans. Preliminary plans may be approved by the City Engineer when sufficient engineering data are furnished by the subdivider to demonstrate that the preliminary design meets the City's standards and specifications, is practicable from a maintenance standpoint, and is consistent with sound engineering practices, and that the final plans will conform to the preliminary plans with only minor changes. Section 9206.3. IMPROVEMENT PLANS - STREET AND HIGHWAY. Plans, profiles, and specifications for all street and highway improve- ments shall be subject to the approval of the Director of Public Works and/or the Director of Public Works. Such plans shall be furnished, to the Director of Public Works not later than the time of submitting the tract map or parcel map to the City Engineer for checking and shall be subject to the approval of the Director of Public Works before any such map shall be certified by the City Engineer. Such plans, profiles, and specifications shall show full details of the proposed improvements and shall be in accordance with the standards and specifications of the City of Carson as adopted by the City Council . Such plans shall also include the design grade for an existing highway or for a future street, provided the Director of Public Works determines that such grade is necessary to properly locate slope and drainage easements, if any. Section 9206.4. MAP SHOWING STRUCTURES. If streets, highways, or other public ways are to be dedicated on a tract map or parcel map or by separate instrument prior to filing a parcel map and the subdivider is required to grade, pave, or install curbs, gutters, or sidewalks within such easements, the subdivider shall provide a copy of the tract map or parcel map, as the case may be, which delineates all structures within such easements, except publicly owned storm drains, water lines, sewers, and other drainage or sanitary facilities. Such maps shall be submitted to the Director of Public Works when highway improvement plans are submitted for approval . Section 9206.5. HIGHWAY IMPROVEMENTS. Each highway shall be improved by the subdivider with full width, grading, Portland cement concrete curb and gutter, Portland cement concrete sidewalk and/or parkway landscaping, full width roadway paving, street lights, installation of drainage facilities incidental thereto, street name signs and such other improvements for traffic control and drainage needs as are required for the appropriate development of the division of land. Traffic control improvements shall include, but not be limited to, traffic signals, street warning and safety signs and street striping. Drainage improvements shall include, but not be limited to parkway drains, catch basins and other drainage appurtenances. -27- Ord. No. 76-384/Page 28 Section 9206.6. STREET IMPROVEMENTS. Each street, whether public or private, shall be improved by the sub- divider with full width grading, Portland cement concrete curb and gutter, Portland cement concrete sidewalk and/or parkway landscaping, full width roadway paving, street lights , installation of drainage facilities incidental thereto, street name signs and such other improvements for traffic control and drainage needs as are required for the appropriate development of the division of land. Traffic control improvements shall include, but not be limited to, traffic signals, street warning and safety signs and street striping. Drainage improvements shall include, but not be limited to parkway drains, catch basins and other drainage appurtenances. Section 9206.7.. IMPROVEMENTS TO EXISTING STREETS OR HIGHWAYS ADJACENT TO THE DIVISION OF LAND. If a portion of an existing street or highway constitutes any portion of the boundary of the division of land and such street or highway is unimproved, and the Advisory Agency determines that the improvements are for the general use of the lot owners in the division of land and for local neighborhood traffic and drainage needs, the Advisory Agency may require the subdivider to improve or agree to improve such street or highway as specified in. Sections 9206.5, 9206.6, and 9206.7. Section 9206.8. IMPROVEMENTS TO EXISTING STREETS OR HIGHWAYS WITHIN THE DIVISION OF LAND. The Advisory Agency may require the reconstruction of an existing street or highway. Such reconstruction shall be in accordance with the improve- ment requirements specified in Sections 9206.5, 9206.6, and 9206.7. Section 9206-9. IMPROVEMENTS OF FUTURE STREETS. Except for full width grading, the subdivider shall not be required to ' improve streets or highways shown on a tract map or a parcel map as future streets. Section 9206.10— TEMPORARY IMPROVEMENTS. Temporary improvements may be required prior to, or concurrent with, permanent improvements. In such instances, the temporary improvements shall be installed in a manner approved by the City Engineer or Director of Public Works whichever is appropriate. Section 9206 11 . PROTECTIVE IMPROVEMENTS. The Advisory Agency may require such structures to be installed as are necessary for the proper functioning and maintenance of the improvements required to remove a flood or geological hazard and as are necessary for the protection of property adjacent to the division of land. i 4 P 9 3 3 -28- i I I I { Ord. No. 76484/Page 29 Section 9206.12. DRAINAGE IMPROVEMENTS. The subdivider shall provide such drainage facilities as are considered necessary by the Advisory Agency for the drainage requirements of the division of land and for local neighborhood needs. Such facilities shall be constructed in accordance with standards and specifications approved by the City Engineer or Director of Public Works, whichever is appropriate. Section 9206.13. FENCES OR WALLS ADJACENT TO HIGHWAYS. If lots in a division of land abut a highway and the Director of Public ' Works requires the subdivider to relinquish complete access rights to such highway, a masonry wall not less than six feet high may be required along the property line of the lots contiguous to the highway. Section 9206.14. FENCING OF WATERCOURSES OR DRAINAGE FACILITIES. The subdivider shall provide a chain link fence or equivalent, not less than six feet high, along each side of any portion of a dedicated right of way 'for any watercourse or drainage facility within a proposed division of land if the Advisory Agency finds that the location, shape, slope, width, velocity of water therein, of other characteristics of the watercourse or drainage facility makes the fencing of the right of way necessary for the protection of the general public. Such fencing shall have an adequate number of gates to facilitate cleaning and maintenance and shall not contain apertures below the fence in excess of four inches vertical . Section 9206.15. UNDERGROUND UTILITIES. Utility lines including, but not limited to, electrical power, communications, street lighting, and cable television. shall be placed underground in the residential zones, in the commercial zones, and in that portion of any industrial zone which abuts and lies within one hundred fifty feet of a residential zone where the properties in such industrial and residential zones are not separated by a public street. The subdivider shall be responsible for complying with the requirements of this Section and shall make the necessary arrangements with utility companies for the installation of such facilities. For the purpose 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. The Advisory Agency may waive the requirements of this Section if topographical , soil , or other conditions make such underground installations unreasonable or impractical . Section 9206.16. SANITARY SEWERS. The Advisory Agency may require the subdivider to install sanitary sewers to serve each lot in a division of land. Such sewers shall be designed in accordance with the requirements of the City Engineer and the outlet to be used for the sewers shall be designated by the City Engineer. -29- Ord. No. 76-384/Page 30 Section 9206.17. SIDEWALKS. Concrete sidewalks shall not be less than five feet wide for residential developments. a.long all frontage where residential lots are adjacent to street right of way. Concrete sidewalks shall be full width walk for major and secondary highways and all industrial and commercial property adjacent to public right of way unless otherwise specified by the advisory agency. Tree well locations shall be as specified by the Director of Public Works and the Director of Parks and Recreation and shall be required when street trees are to be installed and sidewalks ' are adjacent to the curb. Wheelchair ramps shall be provided at every new corner where curbs and gutter are to be constructed where the construction of sidewalk is proposed around said corner. Section 9206.18. WAIVING OF SIDEWALKS. The construction of sidewalks may be 'waived where any one or more of the following conditions exist and the Advisory Agency so finds. a. The construction of sidewalks would be impractical because of topographic conditions or because of other physical obstacles. b. Sidewalks will not be in keeping with neighborhood pattern. c. The sidewalks will not be used by children in the general neighborhood as a route to or from schools or school bus stops. d. Sidewalks are not needed in and will not benefit the area. e. In the event that sidewalks are waived by the Advisory Agency, the property owner shall be required to turf or landscape and ' maintain said parkway to the satisfaction of the Director of Public Works. Section 9206.19. DRIVEWAYS. The Director of Public Works shall approve all driveway locations. Driveways shall be of a type and construction required by the Director of Public Works. Section 9206.20. STREET LIGHTING SYSTEM AND STREET NAME SIGNS. The subdivider shall `provide a street lighting system and street name signs in each division of land to the satisfaction of the Director of Public Works. Marbelite street light standards shall be specified for the street lighting system unless waived by the Advisory Agency if it would not be in keeping with the neighborhood pattern or if it would be impractical to underground existing overhead utilities and existing wood poles. -30- i Ord. No. 76-384/Page 31 Section 9206.21 . STREET TREES AND LANDSCAPING. The subdivider of improved or unimproved land shall plant and install trees and/or landscaping and irrigation system along all streets and highways in each division of lands as per the Parkway Master Plan. The type of species of such trees or landscaping shall be approved by the Parks and Recreation Director. A soils test may be required and recommendations from the Soils Testing Laboratory may be incorporated into the requirements for the sub- division. The locations of such trees and/or landscaping shall be approved by the Park and Recreation Director and the Director of Public Works. The ' requirements of this Section may be waived, if the Advisory Agency finds that topographical , soil , or other conditions make the planting of trees or land- scaping unreasonable or impractical . Section 9206.22. WATER MAINS AND FIRE HYDRANTS. The subdivider shall install or agree to install mains and fire hydrants in the division of land for the general use of the lot owners and for fire protection. The installation of such water mains and fire hydrants shall comply in all respects with all statutes, ordinances, rules, and regulations appli- cable to water mains and fire hydrants. In the absence of such statutes, ordinances, rules, and regulations, required domestic water flows shall be determined by the City Engineer and required fire flows, duration of required fire flows, and fire hydrant type and location shall be determined by the Fire Chief. Later mains and fire hydrants may be required on existing streets or highways adjacent to or within the division of land, provided the existing improvements are insufficient for the general use and/or fire protection of the lot owners. Section 9206.23. IMPROVEMENT AGREEMENT. If a required improvement is not completed before a tract map or parcel map is filed, the subdivider shall enter, as contractor, into an agreement with the City to complete the improvement within the time specified in the agreement. Section 9206.24. COST OF IMPROVEMENT Improvements required by this Chapter shall be installed and constructed by the subdivider at his expense, and shall not be paid for by any special assess- ment lien, tax, bonded indebtedness, or other charge against the land or real property within the division, except: a. The cost of installing pipes and other facilities for the transmission of water may be paid for in whole or in part from revenues collected from the customers served at regular established water rates for the water company, pursuant to regulations of the Public Utilities Com- mission, where applicable, (or by a Public Agency defined in Section 4401 of the California Government Code) from the net operating income only, as payment for the sale of water thereto. -31- i Ord. No. 76-384/Page 32 b. As provided in Sections 66483, 66485, and 66488 (Sewer and Drainage Reimbursment Contracts) of the California Government Code or other reimbursment enabling acts. All outstanding or remaining assessments on the land of the division estab- lished for improvements constructed under special assessment district proceed- ings shall be paid by the subdivider. Sections 9206.25 - 9206.30 Reserved. PART 7. FEES - DEPOSITS - BONDS Section 9207.1 ENVIRONMENTAL ASSESSMENT REVIEW FEE. An Environmental Assessment Form shall be completed by the applicant and filed with a fee of fifty dollars ($50). Section 9207.2. TENTATIVE TRACT MAP AND PARCEL MAP FEE. Upon submission of a tentative map, the subdivider shall pay a fee of ninety dollars ($90) plus an additional fee of $15.00 per lot for each lot up through the first twenty-five (25) , $11 .25 for each lot from 26 through 50, $3.75 for each lot from 51 through 100, and $1 .50 for each lot over 100. If additional lots are added to a tentative map prior to approval by the Advisory Agency, the subdivider shall pay the additional fee according to the above schedule. F. lot required by the provisions of Section 9205.12 shall be omitted in calculating the amount of the filing fee. If the subdivider submits a revised tentative map subsequent to the approval of a tentative map as a substitute for. the approved tentative map, he shall pay a revised map fee of ninety dollars ($90). This fee shall be in addition to the fees previously paid. Section 9207.3. TRACT MAPS, PARCEL MAPS, AND CERTIFICATES OF COMPLIANCE - FILING FEE. ' Upon the submission of a tract map, parcel map, or Certificate of Compliance, the subdivider shall deposit with the County Engineer a sum of money equal to the amound required by law for filing the map or recording the certificate, which money shall be deposited in a trust fund for that purpose until the map is filed or the certificate is recorded. If the subdivider abandons his intention to cause the. map to be filed or the certificate to be recorded, and so notifies the County Engineer in writing, the deposit shall be returned to the subdivider. Section 9207.4. TRACT MAP - CHECKING FEE Upon submission of a'tract map for checking, the subdivider shall pay a map checking fee to the City Engineer in addition to all other fees and charges required by law. This fee shall be equal to the fee established by the County of Los Angeles for checking tract maps. -32- Ord. No. 76-3$4/Poge33 Section 9207.5. PARCEL MAP - CHECKING FEE Upon submission of a parcel map for checking, the subdivider shall pay a map checking fee to the City Engineer in addition to all other fees and charges required by law. This fee shall be equal to the fee established by the County of Los Angeles for checking parcel maps. Section 9207.6. CERTIFICATE OF COMPLIANCE PROCESSING AND CHECKING FEE Upon submission of a Certificate of Compliance for processing, the subdivider shall pay a processing and checking fee to the City Engineer in addition to all ' other fees and charges required by law. This fee shall be one hundred dollars ($100) for each Certificate of Compliance. Section 9L07.7. PLAN CHECKING FEES. A subdivider shall pay to the City a fee equal to the cost of checking the improvement plans. Upon submission of plans to the City, the subdivider shall deposit an amount estimated by the appropriate City Officer to be adequate to cover the cost of checking the plans. If, at any time, subsequent to making the deposit, the actual funds expended exceed the amount of the deposit, the sub- divider shall make an additional payment equal to the deficiency. Excess deposits if any, shall be returned to the subdivider after completion of plan checking. Section 9207.3. INSPECTION DEPOSITS Before commencing construction or installation of a required improvement, the subdivider shall deposit with the City, for the inspection of such improvements, a sum estimated by the appropriate City Officer to be adequate to cover the actual cost of inspection. Section 9207.9. INSPECTION DEPOSITS - INSUFFICIENT. If a deposit made pursuant to Section 9207.8 is insufficient to pay all of the costs of inspection, the subdivider, upon demand of the City, shall pay to the City an amount equal to the deficiency. Until such deficiency is paid in full , ' the improvements for which the insufficient deposit was made shall be considered uncompleted. Section 9207.10. INSPECTION DEPOSITS - REFUNDS. If the actual cost of inspection is less than the amount deposited, the City shall refund to the applicant any amount still remaining. Section 9207.11 . IMPROVEMENT SECURITIES. Except as provided in Section 9207.12 the improvement agreement required by Section 9206.24 shall be secured by an improvement security. Section 9207.12. IMPROVEMENT SECURITY - WATER MAINS. If a subdivider shows that, to the satisfaction of the City Engineer, he has entered into a contract with a water utility to construct water mains, which contract makes the City of Carson a party thereto and provides that the contract may not be modified or rescinded without the consent of the City, except as required by the Public Utilities Commission, and has deposited with the water -33- Ord. No. 76-384/Poge34' utility security for the payment of the water utility which the City Engineer finds adequate, the subdivider need not accompany an agreement to install water mains with an improvement security, except for the security required by Section 9207.13.b. Section 9207.13. IMPROVEMENT SECURITIES - AMOUNT AND PURPOSE. An improvement security shall be for the following amounts: a. An amount estimated by the inspecting officer to be equal to the cost of improvements covered by the security, guaranteeing the ' faithful performance of the improvement work plus an amount estimated by the inspecting officer to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. b. An amount estimated by the inspecting officer to be equal to fifty per cent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them. Section 9207.14. IMPROVEMENT SECURITIES - BONDS AND DEPOSITS. Improvement securities shall be: a. A bond or bonds issued by a surety company authorized to write the same in the State of California, except for those improvements listed in (c) below. b. A deposit with the City of cash, negotiable bonds, letters of credit, or savings and loan certificates or shares, except for those improvements listed in (c) below. c. A deposit with the City of cash shall be the only improvement security accepted for the following improve- ments: street name signs, street warning and safety signs, street striping, and traffic signals. Section 9207.15. IMPROVEMENT SECURITIES - APPROVAL AND ACCEPTANCE. Each improvement security shall be subject to approval of the City Attorney and acceptance by the City Council . Section 9207.16, IMPROVEMENT SECURITIES - REDUCTION. When a portion of an improvement has been fully completed, the inspecting officer may, in his discretion, recommend to the City Council a reduction in an improvement security given for faithful performance equal to the estimated cost of the completed portion of the improvement. -34- i Ord. No. 76-384/Page 35 Section 9207.17. IMPROVEMENT SECURITIES - FORFEITURE ON FAILURE TO COMPLETE. Upon the failure of a subdivider to complete an improvement within the time specified in an agreement, the City Council may, upon notice in writing of not less than ten days served upon the person, firm, or corporation signing the contract or upon notice in writing of not less than twenty days served by certified mail , addressed to the last known address of the person, firm, or corporation signing the contract, determine that the improvement work or any part thereof is incompleted and may cause to be forfeited to the City the portion of the sum of money or bonds given for the faithful performance of the work or may cash savings and loan certificates or shares deposited and assigned to assure the faithful performance of the work to complete the improvement work. Section 9207.18. FAITHFUL PERFORMANCE BOND OR DEPOSIT - MONUMENTS. The agreement referred to in Section 9204.32 shall be accompanied by a bond or cash deposit guaranteeing the faithful performance of the agreement in an amount estimated by the City Engineer to be equal to the cost of setting monuments and furnishing notes. Section 9207.19. SUBDIVIDERS MUST PROVIDE PARK AND RECREATIONAL FACILITIES. Every subdivider who subdivides residential land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this Chapter for the purpose of providing park and recreational facilities to serve future residents of such subdivisions. The provisions of Sections 9207.19 to 9207.25 shall apply to all subdivisions. Section 9207.20. LAND REQUIRED AND POPULATION DENSITY. The public interest, convenience, health, welfare, and safety require that four acres of property, for each one thousand persons residing within this City, be devoted to park and recreational purposes. This requirement will be satisfied, in part, by cooperative arrangements between the City and the local school districts to make available one and one-half acres of property for each one thousand persons residing within the City for park and recreational purposes. The remainder of the required four acres shall be supplied by the requirement of this Chapter and the recreation program of the City. Population density for the purpose of Sections 9207.21 and 9207.22 shall be determined in accordance with the 1970 Census of Population on Housing: a. Single family dwelling units = 4.1 persons dwelling unit; and b. Multiple family dwelling units (including duplexes) = 2.7 persons per dwelling unit. The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the final map is filed with the City Council for approval . i -35- R ti i Ord. No. 76-384/Page 36 Section 9207.21 . AMOUNT OF LAND TO BE DEDICATED. The amount of land required to be dedicated by a subdivider shall be based on the gross area included in the subdivision as determined by i the following formula: DENSITY FORMULA Percentage of the gross area of the subdivision required when park land Net density per dwelling unit is dedicated. 1 D.U. per acre or more 1.03% 1 D.U. per 112 to 1 acre 2.05% 1 D.U. per 10,000 s.f. to 112 acre 3.23% 1 D.U. per 9,000 to 9,999 s.f. 4.72% 1 D.U. per 8,000 to 8,999 s.f. 5.27% 1 D.U. per 7,000 to 7,999 s.f. 5.98% 1 D.U. per 6,000 to 6,999 s.f. 6.91% 1 D.U. per 5,000 to 5,999 s.f. 8.20% 10 to 19 D.U. 's per acre 9.80% 20 to 29 D.U. 's per acre • 16.55% Section 9207.22. AMOUNT OF FEE IN LIEU OF LAND DEDICATION. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 9207.21 . . The amount of such fee shall be a sum equivalent to the fair market value of the amount of land required. "Fair Market Value" shall be determined as of the time of filing the final map in accordance with the following: d ' a. The fair market value as determined by the Advisory Agency based upon the then assessed value, modified to equal market value in accordance with current practice of the City Assessor/ County Assessor; or b. If the subdivider objects to such elevation, he may, at his expense, obtain an appraisal of the property by a qualified real estate 3 I appraiser approved by the City, which appraisal may be accepted by the Advisory Agency if found reasonable; or, c. The City and subdivider may agree as to the fair market value, procedures for determining value of land should be developed to meet local conditions. The above suggestions are intended to be only a guide. Section 9207.23. CREDIT FOR PRIVATE OPEN SPACE. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained -36- Ord. No. 76-384/Page37 by the future residents of the subdivision, such areas shall be credited against the requirement of the dedication for park and recreation purposes, as set forth in Section 9207.21 , or the payment of fees in lieu thereof, as set forth in Section 9207.22, provided the Advisory Agency finds it is in the public interest to do so; and that the following standards are met: a . That yards, court areas, setbacks, and other open space areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space; and ' b. That the private ownership and maintenance of the open space is adequately provided for by written agreement; and c. That -the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council ; and d. That the proposed private open space is reasonably adaptable for use of park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and e. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan, and are approved by the City Council . Section 9207.24. CHOICE OF LAND OR FEE. The procedure for determining whether the subdivider of residential land is to dedicate land, pay a fee, or both, shall be as follows: a. At the time of filing a tentative map for approval , the owner of the property shall , as a part of such filing, indicate whether he desires ' to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof on the tentative map as submitted. b. At the time of the tentative map approval , the Advisory Agency shall determine, as a part of such approval , whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. c. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the same shall be deposited with the City prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map and shall be recorded contemporaneously with the final map. d. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the recreational element of the City's general plan; topography, geology, access and location of land in the subdivision available for dedication; and size and shape of the sub- -37- i Ord. No. 76-384/Page 38 division and land available for dedication. e. The determination of the City Council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final. and conclusive. On subdivisions involving fifty (50) lots or less, only the payment of fees shall be allowed. Also, if land dedication does not exceed one-half (112) acre in size, then only the payment of fees shall be permitted. Section 9207.25. TIME OF COMMENCEMENT MUST. BE DESIGNATED ' At the time the final map is approved, the City Council shall designate the time when development of the park and recreational facilities shall be commenced. The land and fees received shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. Sections 9207.26 - 9207.30 Reserved. i i i i -38- i I i Ord. No. 76-384/Page 39 PASSED, APPROVED and ADOPTED this 3rd day of January 1977. MAYOR ATTES:F- I CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 76-384, passed first reading on December 20, 1976 , was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 3rd day of January 1977, and that the same was so passed and adopted by the following roll call vote: ' AYES: COUNCIL MEMBERS: Marbut, Bridgers, Calas & Smith NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Yamamoto ABSTAIN: COUNCILMEMBERS: None Aa s 1 6 City Clerk, City of Carson, r ifornia