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URGENCY ORDINANCE NO. 546
AN ORDINANCE OF THE CITY OF BEAUMONT, CALIFORNIA
AMENDING SUBSECTION (D) 303 OF ORDINANCE NO.
515 (UNIFORM BUILDING CODE) AND DECLARE
THIS ORDINANCE AS BEING URGENT PURSUANT TO
SECTION 36934 OF THE GOVERNMENT CODE FOR THE
STATE OF CALIFORNIA
SECTION I. Subsection (d) of Section 303 of Ordinance No.
515, is hereby amended to read as follows:
"(d) EXPIRATION. . . . . where the word "the fee therefor
shall be one-half the amount required for a new permit for such
work", there shall be added the words, "the fee for a second ex-
tension of one year shall be one-fourth the amount required for a
new permit for such work,".
Where the word, "no permit shall be extended more than
once," shall read as follows, "no permit shall be extended more than
twice.
SECTION II. This ordinance is declared to be an urgency for
the preservation of public health, peace and safety, in that there
exists high rates of interest and makes it impossible for develop-
ers to comply with the one year period; therefore this ordinance
shall take effect upon first reading of this ordinance which will
be the date of adoption.
SECTION III. The City Clerk shall certify to the adoption
of this Ordinance, which shall be in full force and effect
immediately upon adoption.
PASSED, APPROVED AND AQPTED this 24th day of May, 1982.
i
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF BEAUMONT
MAYOR OF THE CITY OF BEAUMONT
SS.
I, Edna J. Burkett, City Clerk of the City of Beaumont,
California, DO HEREBY CERTIFY that the foregoing Ordinance No.
546 was duly INTRODUCED, READ AND PASSED UPON ITS FIRST READING
this 24th day of May, 1982, upon the following roll call vote:
AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Cl'TY CLERK CITY OF BEAUMONT
ORDINANCE NO. 547
REGULATING THE DIVISION OF LAND
EFFECTIVE �/L
CITY OF BEAUMONT
RIVERSIDE COUNTY, CALIFORNIA
TABLE OF CONTENTS
ARTICLE PAGE
I. Scope 1
II. Definitions 3
III. Standards of Land Division - General. . ▪ 10
IV. Tentative Maps - General 16
V. Tentative Maps - Information Required . • 19
VI. Processing of Tentative Maps 24
VII. Denial of Tentative Land Division Maps. • 28
VIII. General Regulations 30
IX. Final Land Division Maps 32
X. Land Division Dedications, Improvements,
Fees and Reservations 40
XI. Flood Control and Tract Drainage 52
XII. Dry Sewers 54
XIII. Electrical and Communication Facilities 55
XIV. Security for Improvements 56
XV. Reversion to Acreage 60
XVI. Lot Line Adjustments 63
XVII. Fee Schedule 64
XVIII. Enforcement and Penalties 65
XIX. Validity 69
ORDINANCE NO. 547
AN ORDINANCE OF THE CITY OF BEAUMONT
REGULATING THE DIVISION OF LAND
The City Council of the City of Beaumont, County of Riverside,
State of California, DO ORDAIN as follows:
ARTICLE I
SCOPE
SECTION 1.2. AUTHORITY
A. This ordinance is adopted pursuant to the provisions of the
Subdivision Map Act of 1975 with current amendments.
B. All land divisions in the incorporated area of the City of
Beaumont, as hereinafter defined, are subject to all of the
applicable provisions of the Subdivision Map Act and this
ordinance.
C. The provisions of this ordinance are hereby adopted to
promote orderly growth and development of the City of
Beaumont; to protect existing and future citizen rights;
to develop a harmonious and workable relationship between
the citizens of Beaumont, employees of the City and
applicants for Land Division; and to provide a means
whereby the process, from submission to approval, is
completed in a minimum time frame.
SECTION 1.2. ADVISORY AGENCIES
A. The Beaumont City Planning Commission is designated as the
"Advisory Agency" charged with the duty of making investi-
gations and reports on the design and improvement of all
proposed parcel map land divisions and tentative subdivision
maps in the City of Beaumont. The Planning Commission is
authorized to conditionally approve or disapprove all
tentative parcel maps and tentative subdivision maps and
land divisions and submit to the City Council for final
approval.
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SECTION 1.3. LAND DIVISION COMMITTEE
A. There is hereby created a Land Division Committee to act in
an advisory capacity on all land divisions to the designated
Advisory Agencies.
1. The Land Division Committee shall consist of representa-
tives from the following departments and districts:
Planning Department
Engineering Department
Department of Building and Safety
Public Works Department
Riverside County Flood Control and Water
Conservation District
Fire Department.
2. The representative from the Planning Department shall be
the Chairman and shall coordinate recommendations from
the other departments and districts.
3. The Land Division Committee shall consider all land
division maps and report its findings and recommendations
on subdivision maps and parcel maps to the Advisory
Agency that has jurisdiction over the map.
4. The Land Division Committee shall meet at least once each
month and shall hold such additional meetings as may be
required.
SECTION 1.4. APPEAL BOARD
A. The Beaumont City Council is established as the appeal board
to which the land divider or any. interested person may
appeal from any action of the Advisory Agency with respect
to tentative parcel maps and tentative tract maps.
ARTICLE II
DEFINITIONS
SECTION 2.1. GENERAL DEFINITIONS
In this ordinance, unless the context otherwise requires, the
following words shall have the following meanings:
A. ADVISORY AGENCY means the Planning Commission for all
tentative subdivision maps, including parcel maps.
B. BUILDING DIRECTOR means the Director of Building and
Safety of the City of Beaumont.
C. CITY ENGINEER means the Engineer of the City of Beaumont.
D. COUNCIL means the City Council of the City of Beaumont.
E. DEPARTMENT OF TRANSPORTATION means the Department of
Transportation of the State of California.
F. FLOOD CONTROL ENGINEER means the Chief Engineer of the
Riverside County Flood Control and Water Conservation
District.
G. HEALTH OFFICER means the Health Officer of Riverside County.
H. PLANNING DIRECTOR means the Planning Director of the City
of Beaumont.
I. PUBLIC WORKS DIRECTOR means the Director of Public Works
of the City of Beaumont.
J. RECORDER means the Recorder of Riverside County.
K. ROAD COMMISSIONER means the Road Commissioner and County
Surveyor of Riverside County.
L. STAFF means the employees of the City of Beaumont.
M. LAND USE ORDINANCE means Beaumont City Ordinance No. 490,
as amended.
SECTION 2.2. TECHNICAL DEFINITIONS
A. CONTIGUOUS UNITS means adjacent parcels of land which
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shall be considered contiguous even if separated by roads,
streets, utility easements or railroad rights-of-way.
B. DESIGN means:
1. Street alignments, grades and widths;
2. Drainage and sanitary facilities and utilities,
alignments and grades thereof;
3. Location and size of all required easements and
of -way;
4. Fire roads and firebreaks;
5. Lot size and configuration;
6. Traffic access;
7. Grading;
8. Land to be
and
including
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dedicated for park or recreational purposes;
9. Such other specific requirements in the plan and con-
figuration of the entire land division as may be
necessary or convenient to insure conformity to or
implementation of the General Plan of the City of
Beaumont or any adopted specific plan.
C. GENERAL PLAN means the General Plan of the City of Beaumont
including the elements thereof, as required by Section 65300
et seq. of the Government Code as adopted by the City Council.
D. LAND DIVISION means both subdivision and parcel map divisions
of land as hereinafter defined:
1. SUBDIVISION means the division of any unit or units of
improved or unimproved land, or any portion thereof,
shown on the latest equalized county assessment roll
as a unit or as contiguous units, for the purpose of
sale, lease, gift or financing, whether immediate or
future, except the following land divisions shall
qualify as parcel map divisions.
2. PARCEL MAP DIVISION means the division of any unit or
units of improved or unimproved land, or any portion
thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for
the purpose of sale, lease, gift or financing,
whether immediate or future, if any of the following
conditions prevail:
a. The land is divided into 4 or less parcels.
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b. The whole parcel before division contains less than
five acres, each parcel created by the division
abuts upon a fully improved maintained public street
or highway, and no dedication or improvements as
normally required under this ordinance are required
for the land division.
c. Each parcel created by the land division has a
gross area of not less than 20 acres up to 40
acres and each parcel has an approved access to
a maintained public street or highway.
d. The land consists of a parcel or parcels of land
having approved access to a public street or high-
way; is part of a tract of land zoned for industrial
or commercial development; and is approved as to
street alignment and width.
e. Each parcel created by the land division has a
gross area of 40 acres or more, or each of which
is not less than a quarter of a quarter section.
3. LAND DIVISION does not include:
a. The financing or leasing of apartments, offices,
stores or similar space within apartment buildings,
industrial buildings, commercial buildings, mobile
home parks or trailer parks.
b. Agricultural, gas, oil or mineral leases.
c. Land dedicated for cemetary purposes under the
California Health and Safety Code.
d. The Division of land caused by the acquisition of
a property interest by a public utility for
operating public utility purposes, or the con-
veyance of land by a public utility to a contiguous
ownership.
e. A lot line adjustment solely for the purpose of
increasing or adjusting the size of an adjacent
lot or parcel, provided that the lot line adjust-
ment does not reduce the original parcels below
the zoning development standards applicable to
the land, no additional parcels are created and
the adjustment is approved by the Planning Director
in accordance with Section 18.1 of this ordinance.
E. IMPROVEMENT means such street work, surveys and monuments
and utilities to be installed, or agreed to be installed,
by the land divider on the land to be used for public or
private street, highways, ways, and easements as are
necessary for the general use of the lot owners in the
subdivision and local neighborhood traffic needs as a
condition precedent to the approval and acceptance of
the final map thereof.
Improvement also means such other specific improvements
or types of improvements the installation of which,
either by the land divider, by public agencies, by
private utilities, by any other entity or by any com-
bination thereof, is necessary or convenient to insure
conformity and implementation of the conditions of
approval of the tentative map and the General Plan of
the City of Beaumont and any adopted specific plan.
F. IMPROVEMENT STANDARDS means the standards set forth in
this and other ordinances related to the development of land
as a subdivision or parcel map division.
G. LAND PROJECT means a land division as defined in Section
11000.5 of the Business and Professions Code.
H. MINOR CHANGE means a modification of an approved tentative
map that involves a change of lot lines, lot shape, lot
dimensions, street alignment width or grade, grading pro-
posals or other elements that do not change the basic design
or improvements required in the approved tentative map and
the conditions thereof.
I. REVISED TENTATIVE MAP means a modification of an approved
tentative map wherein the design of the land division is
changed from the approved tentative map, but there is no
substantial change in concept from the original approved
map.
J. SPECIFIC PLAN means a plan adopted by the Council that is
based upon the General Plan of the City of Beaumont, as
provided in Section 65450 et seq. of the Government Code.
K. STORM FREQUENCY OF ONE IN 100 YEARS means a storm that will
probably be equaled or exceeded on the average of once
every 100 years. It does not follow, however, that such a
storm will be equaled or exceeded once in every 100 -year
period, or that, having occurred once, it will not occur
again for 100 years. It may occur several times in a
100 -year period, but over a sufficient length of time the
average is expected to be once in 100 years.
L. PUBLIC ACCESS means:
1. A dedication to public use to the City of Beaumont, or
to the County of Riverside to the required width for
road purposes.
2. A permanent written easement for road purposes to the
required width from the State or Federal Government.
3. An access road as defined in this ordinance that has
been open to the public without posting for five years
or more, provided adequate evidence thereof is submitted
to and approved by the City Engineer.
M. PLANNED RESIDENTIAL DEVELOPMENT means residential development
including, but not limited to, statutory and non -statutory
condominiums, cluster housing, town houses and community
apartments, that is permitted reduced lot area, width and
depth requirements and building setback requirements, by
integrating into the overall development open space and
outdoor recreational facilities, and which may include
recreational and public assembly buildings intended for the
use of the residents of the project, within the development.
SECTION 2.3. STREET AND HIGHWAY DEFINITIONS
A. HIGHWAY OR STREET means right-of-way within which improvements
are constructed for the conveyance of vehicular traffic and
includes all highways, streets, roads and alleys. Said rights-
of-way and improvements shall be in conformity with City
Engineering Department Standards and Specifications as set
forth in Resolution No. 1980-35.
1. EXPRESSWAY means a highway for through traffic to which
access from abutting property is restricted. Intersections
with other streets or highways shall be limited to
approximately one-half mile intervals.
2. FREEWAY means a highway upon which the abutter's rights
of access is controlled and which provides separated
grades at intersecting streets.
3. ARTERIAL HIGHWAY means a divided highway primarily for
through traffic to which access from abutting property
shall be kept at a minimum. Intersections with other
streets or highways shall be limited to approximately
one-quarter mile intervals. Minimum rights-of-way width
shall be 110 feet.
4. MAJOR HIGHWAY means a highway intended to serve property
zoned for major industrial and commercial uses, or to
serve through traffic. Intersections with other streets
or highways shall be limited to approximately one-eighth
mile intervals. Minimum rights-of-way width shall be
100 feet.
5. SECONDARY HIGHWAY means a highway intended to serve
property zoned for multiple residential, secondary
industrial or commercial uses, or to serve through
traffic. Minimum right-of-way width shall be 88
feet.
6. COLLECTOR STREET means a street which is intended to
serve intensive residential land use, multiple family
dwellings, or to convey traffic through a subdivision
to roads of equal capacity or greater. Minimum
right-of-way width shall be 66 feet.
7. GENERAL LOCAL STREET means a through street serving
100 or more single family lots with at least one end
terminating at a road of greater capacity. Minimum
right-of-way width shall be 60 feet.
8. SHORT LOCAL STREET means a residential street limited
by subdivision design to serve less than 100 single
family dwellings. Minimum right -of -width shall be 60
feet.
9. RESTRICTED LOCAL STREET means a local street where, due
to unusual conditions, it is impractical to provide for
a wider right-of-way. Minimum right-of-way shall be 50
feet.
10. ACCESS ROAD means a road with a minimum right-of-way of
60 feet, or a part -width street having a minimum right-
of-way of 40 feet, which provides access to a division
of land from an existing maintained highway. If the
land division is a parcel map creating four or less
parcels, the minimum right-of-way for a part -width
street may be reduced to 30 feet. Use of an access
road for new land divisions is permitted only where
there is a reasonable probability of full road improve-
ments being made in the foreseeable future.
11. ALLEY means a secondary means of access to property and
is located at the rear or side of the property. Minimum
right-of-way width shall be 20 feet.
12. FRONTAGE ROAD OR SERVICE ROAD means a local street
auxiliary to and adjacent to freeways, expressways,
arterial highways, major highways and secondary
highways. Minimum right-of-way width shall be 52 feet.
13. CUL-DE-SAC STREET means a road open at one end only,
with special provisions for turning around, and the
further extension of which is precluded by the land
division design.
14. DEAD-END STREET means a street open at one end only,
without provisions for turning around and which may be
further extended in adjoining property.
15. PRIVATE STREET means a street for which access control
is permitted by land division design, posting or gating.
B. STREET AND HIGHWAY DETAILS
1. BARRIER STRIP means a strip of land one foot or more in
width dedicated to the City of Beaumont for street pur-
poses and access control at the end of a dead-end street
or along the side of a part -width dedicated street or
other public right-of-way.
2. BICYCLE WAY means an area either within or outside the
right-of-way of a dedicated street where bicycle
travel is the designated use.
3. MEDIAN means that portion of a divided highway separating
the traveled -way for traffic in opposite directions.
4. MULTI -LANE DEMAND means that projected traffic volume
will exceed the nominal capacity of a two-lane street
section when such projected traffic volume is determined
by a rational method of traffic generation employing
land use techniques and traffic engineering principles.
5. OUTER SEPARATION means the area between the traveled -way
of a highway for through traffic and a frontage road or
service road.
6. PART -WIDTH STREET means any street the improved width
of which is less than the width necessary for a normal
full -width street.
7. PEDESTRIAN WAY/SIDEWALK means a right-of-way designed
for use by pedestrians and not intended for use by
motor vehicles of any kind. A pedestrian way may be
located within or without a street right-of-way.
8. RIGHT-OF-WAY means the entire width of property for the
use of highways, flood and drainage works, overhead and
underground utilities, or any related improvements.
9. ROADSIDE STRIP means the area adjoining the outer
edge of the roadbed, extending to the right-of-way
line in which sidewalks, plantings, utilities, bank
slopes and related facilities may be located.
10. ROADWAY means that portion of the highway including
roadbed, all slopes, side ditches, channel, waterways
and all other related facilities which are located
within a road right-of-way.
11. ROADBED means that portion of the roadway extending
from curb face to curb face or to the outside line of
improved shoulders. Divided highways shall be con-
sidered as having two roadbeds.
12. TRAVELED -WAY means that portion of the roadway for
the movement of vehicles, exclusive of shoulders and
auxiliary lanes.
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ARTICLE III
STANDARDS OF LAND DIVISION - GENERAL
SECTION 3.1. CONFORMANCE
A. All land divisions shall conform to the General Plan of the
City of Beaumont; with all applicable specific plans; with
the requirements of the Land Use Ordinance and other
ordinances; and with the requirements of this ordinance
except as hereinafter provided.
B. Exceptions from the requirements of this ordinance relating
to the design or improvement of land divisions shall be
granted only when it is determined that there are special
circumstances applicable to the property, such as, but not
limited to, size, shape or topographical conditions, or
existing road alignment and width, and that the granting of
the modification will not be detrimental to the public
health, safety or welfare or be damaging to other property
in the vicinity.
C. Application for exceptions shall be made in writing, as a
variance application, stating fully the reasons and
justification for the requested exception, and shall be
filed with the tentative map.
SECTION 3.2. GENERAL STREET DESIGN
A. The street system in the proposed land division shall relate,
in general, to the existing streets in the area adjoining
the proposed land division.
B. The proposed street plan shall give consideration to the
future land division of adjoining undivided property.
C. All streets shall be designed to serve the proposed use of
the abutting land.
D. When improvements are required, part -width boundary streets
in a land division adjacent to undivided land shall have a
minimum right-of-way width of 40 feet.
E. When no improvements are required, part -width boundary
streets shall have a minimum right-of-way of 30 feet.
F. Additional right-of-way or easements shall be provided where
necessary to accommodate roadway slopes, drainage structures,
and other facilities related to land division improvements.
G. When consistent with existing development; access to resi-
dential property along freeways, expressways, arterial
highways, major and secondary highways for residential
subdivisions, one of the following shall apply:
1. A frontage road or service road.
2. A street separated by a tier of lots.
H. Design of streets shall make provisions for railroads, parkways,
expressways, grade separations, flood control channels, pre-
vailing geological conditions and local drainage facilities.
I. Whenever lots of a proposed land division abut on a dead-end
road or a cul-de-sac exceeding 1000 feet in length, or 500
feet in a high fire hazard area, or whenever a proposed land
division lies more than 1000 feet from a publicly maintained
road, or 500 feet from a high fire hazard area, alternate
or secondary access shall be provided, unless waived as part
of the tentative map review. Documentation and improvement
for such access shall be determined as part of the tentative
map review.
J. Where cul-de-sac streets are proposed, the turnaround shall
have a right-of-way diameter of not less than 90 feet.
K. Dead-end and part -width streets shall not be permitted if
it is determined that adjacent land use or topographical
features will preclude the extension or widening of such
streets. Dead-end streets shall be so designed that access
to abutting property shall be physically possible.
L. On land divisions where improvements are not required, the
center line alignment of the street right-of-way shall be
so located that future improvements will be feasible and
in accordance with City standards and ordinances.
SECTION 3.3. PRIVATE STREETS
A. Private streets may be permitted when it is determined that
there is adequate provision for their construction and con-
tinued maintenance; that the welfare of the occupants of
the development will be adequately served; and that it will
not be detrimental to the public health, safety and general
welfare.
B. Private streets, other than interior streets of Planned
Residential Developments, shall be required to be offered
for dedication to public use. All dedicated private streets
shall meet the width requirements set by the City and shall
be constructed in accordance with Improvement Standards of
the City of Beaumont Resolution No. 1980-35. All offers of
dedication shall remain in effect and shall be irrevocable
unless abandoned under the Street and Highways Code.
C. All streets that are permitted to be private, whether
offered for dedication or not, may provide for access
control by land division design, posting or gating.
D. Interior streets of a planned residential development, if
not offered for dedication, shall be constructed to minimum
widths of 40 feet for minor interior access and 44 feet for
major interior access in accordance with Improvement Standards
of Resolution No. 1980-35; however, reduced widths may be
permitted when either of the following conditions occur:
1. Where the design and topography permit the taking of
access only on one side of the street; and
2. Where 25% of the slope of the land is on a grade of
25% or greater.
E. When a special design for a cul-de-sac, length of a street
terminating in a cul-de-sac, landscaped median, or any
other improvement design is proposed and is not provided
for in this ordinance or in the Improvement Standards of
Resolution NO. 1980-35, the design shall first be submitted
to the City Engineer for approval in accordance with
Sections 1.1, 1.2, 1.3 and 1.4.
F. Sidewalks shall be required to be constructed in conjunction
with dedicated or non -dedicated private streets unless it is
determined by the approving body to be unnecessary, con-
sidering the design of the development. Sidewalk construction
shall be in accordance with the Improvement Standards of
Resolution No. 1980-35.
G. Improvement Plans, Agreements and Bonds shall be required
for all dedicated and non -dedicated private streets in
accordance with the applicable provisions of this ordinance.
SECTION 3.4. STREET GRADES
A. Street grades shall not exceed 6% except they may be
increased to and may exceed 15% only when engineering
design shows that the grade proposed is safe and that the
lesser grade would deny access to land appropriate for use.
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B. Street grades of less than 0.35% may be approved only when
engineering design shows that local drainage provisions
are adequate and steeper gradients cannot be obtained.
SECTION 3.5. STREET ALIGNMENT
A. Curves of streets with right-of-way width of 60 feet or less
shall have a minimum centerline radius of 300 feet in com-
paratively level locations and shall have a minimum
centerline radius of 150 feet in comparatively steep hillside
locations.
SECTION 3.6. INTERSECTIONS - GENERAL
A. All street connections shall be at as near right angles as
possible.
B. Street -to -street centerline offsets of less than 200 feet
shall not be permitted, except that in special design cases
offsets of less than 5 feet may be used when approved by the
City Engineer.
C. Curb Returns:
1. A minimum curb return radius of 25 feet shall be provided
at intersecting streets designated as collector or local
streets.
2. A minimum curb return radius of 35 feet shall be provided
when one or both of the intersecting streets is
designated as a secondary highway or greater.
3. In hillside areas, the curb return radius may be modified
if required because of the topography.
D. Corner cutbacks shall be established as provided in City
Standard No. 805.
E. Frontage road connections providing access to the main highway
shall incorporate a bulb in conformance with City Standard
No. 802.
F. Median openings or crossovers between opposing lanes of a
divided highway shall be located only at approved inter-
sections at intervals of not less than 500 feet.
SECTION 3.7. ALLEYS
A. Improved alleys not less than 20 feet in width may be required
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at the rear of all lots.
B. Alley intersections shall have minimum corner cutback of 25
feet.
C. Dead-end alleys shall provide an adequate turnaround.
D. Part -width alleys shall not be permitted.
SECTION 3.8. LOTS
A. Lot size shall be not less than the minimum required by the
zoning classification applicable to the subject property,
and shall be consistent with the General Plan for the City
of Beaumont.
B. Corner lots shall be designed to provide a building site
equal to that required for interior lots in the same zone.
C. When lots 18,000 sq.ft. or less are proposed, the depth of
lots shall not exceed 2+ times the width. When lots greater
than 18,000 sq.ft. are proposed, the depth shall not exceed
4 times the width.
D. When lots are crossed by major public utility easements,
each lot shall have a net usable area of not less than 3600
square feet, exclusive of the utility easement.
E. When the access portion of a corridor access lot (flag lot)
abuts a through street, the width of the access strip shall
be no less than 24 feet with 12 feet of paving. In no case
shall the length of the access strip exceed 500 feet. When
the access portion abuts a dead-end street or cul-de-sac,
the combined length of the street and the access strip shall
be no more than 1000 feet.
F. Side lot lines shall be at approximately right angles or
radial to the street centerline, except where terrain or
other restrictions make such design impractical.
G. Lots less than 2 acres shall not have double street frontage
except that in hillside areas where the topography requires,
lots may abut two or more streets provided that the frontage
and vehicular access is from only one such street.
H. No lot shall be divided by a city, county, school district
or other taxing agency boundary line.
SECTION 3.9. INCLUSIONS
A. Any contiguous property that is owned by the land divider
shall be included within the boundaries of a land division
when necessary or desirable in the design or improvement
of the land division.
B. Any contiguous property that is owned by the land divider,
but not included within the boundaries of the land division,
shall be of such size and shape as to conform to the
provisions of this ordinance, the Land Use Ordinance, the
General Plan of the City of Beaumont, or any adopted
specific plan; otherwise it shall be included within the
boundaries of the land division
SECTION 3.10. REQUIRED ACCESS
A. No land division final map shall be recorded unless public
access is provided from the land division to a city, county,
state or federal road that is maintained for public use.
B. The requirement for public access may be waived under the
following circumstances:
1. If a parcel map creates 4 or less parcels and public
access over intervening lands cannot be offered for
dedication, a private road easement may be approved,
provided:
a. The land to be divided is not zoned for commercial,
industrial or multiple -residential use;
b. No parcel under one acre in size is created or
only two additional parcels are being created;
c. The access easement is recorded and not less
than 30 feet in width;
d. The access easement owned by the land divider is
not an exclusive easement or specifically
written to prohibit further division of the land.
2. If a subdivision map has been previously recorded that
permitted private streets without the requirement of
offering the streets for dedication, a private road
easement may be approved provided said easement grants
the new lots unrestricted access rights to the existing
private streets.
C. Public access is not required if each parcel created is 40
acres or more or is a quarter of a quarter section.
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SECTION 4.1.
ARTICLE IV
TENTATIVE MAPS - GENERAL
TRACT NUMBER
A. Prior to the filing of a tentative map for a land division,
a tract number shall be obtained from the Road Commissioner.
Any number that is not used within two years from the date
it is issued shall become null and void. The land divider
shall pay the fee required as set forth in Section 17.1.
B. When the tentative map is a parcel map division, this shall
be so indicated thereon.
C. The Road Commissioner shall maintain a permanent record of
all tract numbers.
D. When applying for a tract number, the land divider shall
certify that he is the record owner of the property, or
that the record owner consents to the filing of the map, or
the land divider shall submit such proof of ownership or
consent of the owner as shall be necessary for the Road
Commissioner.
E. When a number has been assigned by the Road Commissioner for
a particular parcel or contiguous parcels of land, the land
divider shall place the tract number upon each tentative map
of the land division and neither the number nor the area of
the parcel of land for which the number is issued shall
thereafter be changed or altered in any manner upon the
tentative map of the land division unless and until a new
number has been assigned by the Road Commissioner.
F. The Road Commissioner shall not issue tract numbers to
different persons for the same parcel of land or any portion
thereof without first obtaining a release of the number from
the person previously issued such number.
SECTION 4.2. PRELIMINARY CORNER STAKES
A. Prior to filing a tentative map, the land divider shall place
a conspicuous stake identified with a number or corner des-
cription and flag at each approximate corner of the property
to be divided. The stake shall extend at least three feet
above the ground and be identified with a number and corner
description. Detailed vicinity maps may be provided in lieu
of corner stakes if approved by staff. Failure to place the
required stakes or provide detailed maps may cause discon-
tinuance or delay of the processing of the tentative map.
SECTION 4.3. APPLICATION
A. Prior to filing a tentative map, the land divider shall
obtain an application for a land division, which form shall
be furnished by the Planning Director and be completed by
the land divider.
B. The application shall be for the purpose of:
1. Providing and clarifying the information required to
be shown on, or to accompany, the tentative map.
2. Determining whether the land division conforms to all
the requirements of this and other City ordinances.
3. Expediting the processing of the tentative map.
SECTION 4.4. DIVISION OF LAND
A. No person shall make any land division, as herein defined,
of real property located in the incorporated area of the
City of Beaumont, except in accordance with the provisions
of the Subdivision Map Act and this ordinance.
B. When a tentative map has been submitted, no grading or.
construction work shall be performed until the tentative
map and the improvement plans for such work have been
approved.
SECTION 4.5. OPTIONAL PROCEDURE
A. Prior to filing of a tentative map, a land divider may,
without payment of fee, discuss the proposed land division
with the Planning Department staff.
SECTION 4.6. DATE OF FILING
A. The date of filing of a tentative map shall be the date on
which the map and informationrequired by the Subdivision
Map Act and this ordinance have been filed; the fees have
been paid; all procedures required by the City of Beaumont
Rules Implementing the California Environmental Quality Act
to hear a matter have been completed; and, if the land
division is within a special study zone for geological hazards
when all procedures under Riverside County Ordinance No. 547
have been completed. The time limitations for processing
a tentative map shall not begin to run until the tentative
map is deemed finally filed upon completion of all require-
ments during the preliminary filing stage.
SECTION 5.1.
A. The following information shall be shown on or accompany
tentative subdivision maps unless certain items are
determined by the staff as not being required for a
particular land division:
ARTICLE V
TENTATIVE MAPS - INFORMATION REQUIRED
TENTATIVE SUBDIVISION MAPS
1. Tract number, title of map and legal description of
property, not including tract name;
2. Name and address of owner and land divider, and name
and address of person preparing map;
3. Ownership information on additional property owned
adjacent or contiguous to the land to be subdivided;
4. Approximate acreage, overall dimensions, north arrow,
scale and date;
5. Subdivision boundary line and vicinity map showing
relationship to surrounding community;
6. Names, locations, rights-of-way, widths and improvements
of adjacent streets, alleys, railroads and existing
structures, both above and below ground;
7. Names, locations, widths of rights-of-way for proposed
streets, alleys and easements, and the approximate
grade of proposed and existing streets and approximate
street centerline radii of curves;
8. Streets, alleys and rights-of-way providing
to the property;
9. If private streets are proposed, they shall
on the tentative map;
10. Names of utility purveyors and locations of existing
public utility easements;
11. Water courses, channels, existing culverts and drain
pipes, including existing and proposed facilities for
control of storm waters;
12. Land subject to overflow, inundation or flood hazard;
13. Any land or right-of-way to be dedicated to public use;
14. Identify common areas and open spaces;
15. Proposed lot lines and approximate dimensions;
16. Adjoining property and lot lines;
17. Contours, with maximum interval as follows:
legal access
be so noted
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Slope Interval
0 - 4.99% 1'
5% plus 4'
Copies of U.S.G.S. maps are not acceptable.
18. Site grading:
a. Whenever any area of the proposed subdivision has a
gradient of 5% or more, as measured between natural
contours, the following information shall be shown
on or accompany the tentative map:
(1) The proposed cuts and fills in the subdivision;
(2) The elevations of all individual building pads
in the subdivision;
(3) The elevations at the perimeter of the subdivision;
(4) The relationship to adjoining land and development.
b. The finished grade elevations on the final grading plan
where the gradient is 5% or more shall not vary more
than 2 feet, plus or minus, from the difference in
elevations shown on the approved tentative map.
c. On gradients less than 5%, when elevations are not
shown on the tentative map, the finished grade ele-
vations shall not create cuts or fills of more than
4 feet, plus or minus, from the natural contour.
19. Existing use of property immediately surrounding tract;
20. Existing zoning, and proposed land use (single family,
multiple -family, business, industrial).
21. Two typed sets of gummed labels indicating all the
property owners' names, and the mailing addresses, that
are within a 300 foot radius of the exterior of the
proposed project, as shown on the last equalized
assessment roll, and any update issued by the County
Assessor
B. Reports and written statements on the following matters shall
accompany the tentative map:
1. Proposed method of control of storm water, including data
as to amount of runoff, and the approximate grade and
dimensions of the proposed facilities;
2. A written statement stating that:
a. The Beaumont -Cherry Valley Water District has agreed
in writing to serve all lots in the land division;
or
b. The land divider has an acceptable application for
a water purveyor permit on file with the Department
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of Public Health;
or
c. The land divider has agreed in writing to form a
domestic water system under permit from the proper
authorities to serve the land division;
or
d. The land divider has filed with the Health Department
information regarding the quantity and quality of
water of any wells existing on the property, and the
estimated current cost of drilling a well on the
property.
3. A written statement stating the type of sewage disposal
that will be used. If on-site sewage disposal is pro-
posed, the Public Works Director shall require soil
percolation tests or other pertinent information.
C. If the land division lies within a special studies zone shown
on the map prepared by the State Geologist pursuant to the
Alquist-Priolo Geologic Hazard Zone Act, a geologic report or
waiver thereof pursuant to the provisions of Riverside County
Ordinance No. 547 shall accompany the tentative map.
SECTION 5.2. TENTATIVE PARCEL MAPS
A. The following information shall be shown on or accompany all
tentative parcel maps unless certain items are determined by
the staff as not being required for a particular land
division:
1. Parcel Map identification, title of map, and legal
description of property, but not including tract
name;
2. Name and address of owner and land divider and name
and address of person preparing map;
3. Approximate acreage, overall dimensions, north arrow,
scale and date;
4. Land division boundary line and vicinity map showing
relationship to surrounding community;
5. Map book and page numbers of adjoining land divisions;
6. Names, locations, rights-of-way, widths and improvements
of adjacent streets, alleys, railroads, and existing
structures, both above and below ground;
7. Names, locations, widths of rights-of-way for proposed
streets, alleys and easements, and the approximate
grades of proposed streets and approximate street
centerline radii of curves;
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8. Streets, alleys and rights-of-way providing legal access
to the property;
9. If private streets are proposed, it shall be so noted on
the tentative map;
10. Names of utility purveyors and location of existing known
public utilities;
11. Water courses, channels, existing culverts and drain
pipes, including existing and proposed facilities for
control of storm waters;
12. Land subject to overflow, inundation or flood hazard;
13. Any land or right-of-way to be dedicated to public use
and rights-of-way for railroads and other uses;
14. Identify common areas and open spaces;
15. Proposed lot lines and approximate dimensions;
16. Adjoining property and lot lines;
17. Contours, with maximum interval as follows:
Slope Interval
0 - 4.99% 1'
5% plus 4'
Copies of U.S.G.S. maps are not acceptable.
18. Existing use of property immediately surrounding tenta-
tive map;
19. Existing zoning and proposed land use (single-family,
multi -family, business, industrial);
20. A statement as to whether the tentative map includes
the entire contiguous ownership of the land divider or
only a portion thereof;
21. A list of the names and addresses of the owners of real
property located within 300 feet of the exterior
boundaries of the property to be considered, as shown
on the last equalized assessment roll, and any update
issued by the County Assessor.
B. Reports and written statements on the following matters shall
accompany the tentative map:
1. Proposed method of control of storm water, including
data as to amount of runoff, and the approximate grade
and dimensions of the proposed facilities;
2. A written statement stating the type of sewage disposal
that will be used shall be submitted for all commercial
and industrial parcel maps as defined in Section 2.2 E
2.d. If on-site sewage disposal is proposed, the Public
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Works Director shall require soil percolation tests or
other pertinent information;
3. A written statement shall be submitted for all commercial
and industrial maps as defined in Section 2.2 E 2.d.,
stating that:
a. The Beaumont -Cherry Valley Water District has agreed
in writing to serve all lots in the land division;
or
b. The land divider has an acceptable application for
a water purveyor permit on file with the State
Department of Public Health or the County Department
of Public Health;
or
c. The land divider has agreed in writing to form a
domestic water system under permit from the proper
authorities to serve the land division;
or
d. The land divider has filed with the Health Department
information regarding the quantity and quality of
water of any wells existing on the property, and the
estimated current cost of drilling a well on the
property;
or
e. Water is not available, or will not be furnished.
C. If the land division lies within a special studies zone shown
on the map prepared by the State Geologist, pursuant to the
Alquist-Priolo Geologic Hazard Zone Act, a geologic report or
waiver thereof pursuant to the provisions of Riverside County
Ordinance No. 547 shall be filed at the time of the filing
of the tentative parcel map.
SECTION 6.1.
ARTICLE VI
PROCESSING OF TENTATIVE MAPS
FILING OF TENTATIVE MAPS
A. Preliminary filing:
1. All tentative maps shall be filed with the Planning
Director on a preliminary filing basis and shall be
accompanied by a fee as set forth in Section 17.1.
During the preliminary filing period, the 50 -day time
limit for processing tentative maps shall not commence
to run. Not less than 15 copies of a tentative map
shall be filed, which maps shall be drawn to an
engineer's scale appropriate to clearly present necessary
details, and shall be on pages not less than 18" x 26".
B. During the time that the tentative map is considered
preliminarily filed:
1. The land divider shall comply with the City of Beaumont
Rules to Implement the Provisions of the California
Environmental Quality Act (C.E.Q.A.) including the
preparation of an Environmental Impact Report if one
is required.
2. The land divider shall comply with Riverside County
Ordinance No. 547 and all the requirements of the
Alquist-Priolo Geologic Special Studies Zone Act. The
land divider shall obtain clearance from the Beaumont -
Cherry Valley Water District for all requirements
relating to water.
C. Actual filing of tentative map:
1. When all requirements of the preliminary filing stage are
completed, the Planning. Director shall notify the land
divider and the tentative map shall then be accepted for
filing upon the payment of the required fees as set forth
in Section 17.1.
SECTION 6.2. FEE FOR FLOOD PROTECTION STUDY
A. A flood protection study fee shall be paid at the time of
actual filing of a tentative map as set forth in Section 17.1.
B. When the fee is collected, it shall be paid to the Flood
Control District that performs the flood protection study.
C. No charge shall be made for a flood protection study on a
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revised tentative map filed within two years of the original
filing unless additional lots have been added. If a resub-
mitted map has additional lots proposed, a supplemental
payment of the normal lot fee multiplied by the additional
number of lots will be required. After two years the fee
shall be the same as the original fee.
D. There shall be no flood protection study fee for reverting
subdivided lands to acreage.
SECTION 6.3. MAP DISTRIBUTION
A. Upon the actual filing of the tentative map with the Planning
Director, one copy thereof shall be forwarded to each member
of the appropriate Advisory Agency and to each of the
following as may be concerned:
1. California Department of Transportation.
2. City of Banning; County of Riverside.
3. The Flood Control District or person designated who
will perform flood control and drainage studies.
4. Any City, Community Services District, School or
other authorized District requesting a copy.
5. Any utility purveyor serving the area with its
facilities.
6. Any others as may be appropriate.
SECTION 6.4. REVIEW BY LAND DIVISION COMMITTEE
A. All tentative maps shall be reviewed by the appropriate
section of the Land Division Committee. The land divider
and his representative shall be notified of the date and
time of the meeting, at which time the land divider may
review his proposed map with the Committee.
B. Upon completion of its review, the Land Division Committee
shall prepare a report and recommendations and shall trans-
mit a copy to the appropriate Advisory Agency. The report
shall be in writing and a copy thereof served on the land
divider and his representative at least five days prior to
any hearing or action on the map by the Advisory Agency.
SECTION 6.5. CONSIDERATION BY THE ADVISORY AGENCY
A. Within 50 days after the date of actual filing of a tentative
map, a public hearing on the map shall be held before the
Advisory Agency. Notice of the hearing shall be given at
least ten (10) days before the hearing by U.S. Mail, postage
prepaid, to owners of real property located within 300 feet
of the exterior boundaries of the property to be considered,
as shown on the last equalized assessment roll of the County
and any update issued by the County Assessor and by publi-
cation once in a newspaper of general circulation in the City.
After closing the hearing, the Advisory Agency shall file a
written report with the City Council recommending approval,
approving with conditions or disapproving the tentative
subdivision or parcel map, and report its actions directly
to the land divider and his authorized agent.
B. The Advisory Agency, upon the request of the land divider,
may waive the requirement that a final parcel map be recorded
if the Advisory Agency finds that the proposed land division
complies with the requirements as to:
1. Area.
2. Improvement and Design.
3. Flood water drainage control.
4. Appropriate improved public roads.
5. Sanitary disposal facilities.
6. Water supply availability.
7. Environmental protection.
8. Adequate existing survey control.
9. Other provisions of this and other applicable ordinances
of Beaumont City and the Subdivision Map Act.
SECTION 6.6. APPEAL OF ACTIONS OF ADVISORY AGENCY
A. The land divider or any interested party may appeal the
decision of the Advisory Agency on a tentative subdivision
or parcel map, to the City Council within 15 days after the
decision of the Advisory Agency. The appeal shall be filed
in the City Manager's office, stating in writing the basis
for the appeal and accompanied by the fee set forth in
Section 17.1 of this ordinance. All appeals shall be heard
by the Council at a public hearing, on a date within thirty
(30) days after the date of the filing of the appeal and
notice of public hearing shall be given in the same manner
as was given for the original hearing. Upon the conclusion
of the hearing, the Council shall render its decision on
the appeal within twenty (20) days.
SECTION 6.7. EXTENSION OF TIME FOR PROCESSING
A. All time limits specified in this ordinance for reporting
and acting on tentative maps may be extended by the mutual
consent of the land divider and the Advisory Agency or the
Council.
ARTICLE VII
DENIAL OF TENTATIVE LAND DIVISION MAPS
SECTION 7.1. GENERAL
A. A tentative subdivision map and a tentative parcel map shall
be denied by the Advisory Agency if the map does not meet
all of the requirements of this ordinance, or if the Advisory
Agency or Council makes any of the following findings:
1. That the proposed land division is not consistent with
applicable general and specific plans.
2. That the design or improvement of the proposed land
division is not consistent with applicable general and
specific plans.
3. That the site of the proposed land division is not
physically suitable for the type of development.
4. That the site of the proposed land division is not
physically suitable for the proposed density of the
development.
5. That the design of the proposed land division or proposed
improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or
wildlife or their habitat.
6. That the design of the proposed land division or the
type of improvements are likely to cause serious
public health problems.
7. That thedesign of the proposed land division or the type
of improvements will conflict with easements, acquired
by the public at large, for access through, or use of,
property within the proposed land division. The Council
may approve a land division if it finds that alternate
easements for access or for use will be provided and
that they will be substantially equivalent to ones
previously acquired by the public. This subsection
shall apply only to easements established by judgment of
a Court of competent jurisdiction.
SECTION 7.2. LAND PROJECTS
A. A tentative land division map for any land project as defined
in the Business and Professions Code Section 11000.5 shall
not be approved unless:
1. A specific plan covering the area proposed to be included
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within the land project has been adopted by the Council.
2. It is determined that the proposed land project, together
with the provisions for its design and improvement, is
consistent with the adopted specific plan for the area.
SECTION 8.1.
ARTICLE VIII
GENERAL REGULATIONS
REVISED TENTATIVE MAPS
A. Any revised tentative map shall comply with all of the pro-
visions of the Subdivision Map Act and thisordinance in
effect at the time the revised map is approved.
B. Proceedings on a revised tentative map shall be conducted
in the same manner as for the original approval of a
tentative map except those procedures that are not applicable.
The approval or conditional approval of a revised tentative
map shall annul approval of the previous tentative map, but
the approval thereof shall not extend the time within which
the final map may be filed.
SECTION 8.2. MINOR CHANGES
A. A request for approval of a minor change to an approved
tentative map shall be filed with the Planning Department,
accompanied by the fee specified in Section 17.1, and
referred to the Land Division Committee. The request shall
be reviewed by the Land Division Committee, which committee
shall make a written recommendation thereon to the Advisory
Agency.
B. The Advisory Agency shall consider the matter, review the
recommendation of the Land Division Committee, and make a
decision on the request. An appeal of the Advisory Agency
decision may be made to the City Council. The decision of
the Council on the minor change shall be final.
C. A minor change shall not require a noticed public hearing;
however, the Advisory Agency or the City Council may, at
their discretion, allow testimony to be given on the proposed
change. The Advisory Agency or Council may make a final
decision on the matter when it initially appears on its
agenda, or it may continue the matter without the consent of
the land divider. The approval by the Advisory Agency or
Council of a minor change shall not affect the time period
within which the land divider must prepare and file the final
map.
SECTION 8.3. DIVISION INTO UNITS
A. If a land divider proposes to file a final map on only a
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portion of land shown on an approved tentative map, he shall
file an application with the Planning Director accompanied
by the fee as set forth in Section 17.1.
B. The Planning Director shall refer the application to the
Land Division Committee for its review.
C. No unit map shall be approved unless it is complete and in
compliance with all of the provisions of this ordinance,
including fire protection, flood control, traffic circulation,
access and environmental considerations and with all condi-
tions of approval of the tentative tract.
D. The unit will be identified by the approved tentative map
number with a dash number designating said unit. The unit
number shall be obtained from the Road Commissioner upon
payment of the fee specified in Section 17.1. Units shall
be recorded in the order as indicated by the unit number.
The last unit within a tentative map to be recorded will not
bear a unit number.
SECTION 8.4 EXPIRATION OF APPROVED TENTATIVE MAPS: EXTENSION
OF TIME
A. Tentative Subdivision Maps: An approved or conditionally
approved tentative subdivision map shall expire 24 months
after such approval unless within that period of time a final
map shall have been approved and filed with the County
Recorder. Prior to the expiration date, the land divider
may apply in writing for an extension of time. Each appli-
cation shall be made to the Advisory Agency thirty (30)
days prior to the expiration date of the tentative map and
shall be accompanied by the fee set forth in Section 17.1.
The Advisory Agency shall forward to the Council an approval
or denial of the application. The Council may extend the
date on which the map expires for one year.
B. Tentative Parcel Maps: An approved or conditionally
approved tentative parcel map shall expire 24 months after
such approval, unless within that period of time a final
map shall have been approved and filed with the County
Recorder. Prior to the expiration date, the land divider
may apply in writing for an extension of time period. Each
application shall be made to the Advisory Agency thirty (30)
days prior to the expiration date of the tentative map, and
shall be accompanied by the fee set forth in Section 17.1.
The Advisory Agency may extend the date on which the map
expires for one year. The Advisory Agency shall report its
action directly to the land divider.
C. An extension of time shall not be granted unless the land
division conforms to the General Plan and is consistent with
zoning and with the applicable schedule of improvements in
effect at the time an extension is granted.
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ARTICLE IX
FINAL LAND DIVISION MAPS
SECTION 9.1. GENERAL
A. After the approval or conditional approval of the tentative
map and prior to the expiration of such map, the subdivider
may cause the real property included within the map, or any
part thereof, to be surveyed and a final map thereof pre-
pared in accordance with the approved or conditionally
approved tentative map.
SECTION 9.2. SUBDIVISION BOUNDARY PLAT REQUIREMENTS
A. Surveys made in preparation of final land division maps
shall be in accordance with standard practices and principles
of surveying and all applicable provisions of the Subdivision
Map Act.
B. Before the final map of a subdivision will be accepted by the
City Engineer for checking, the land divider shall submit and
obtain approval by the Road Commissioner of a map showing:
1. A boundary survey of the land division, including all
courses and distances to compute a closure;
2. Sufficient data to prove the method by which the
boundary was determined, including a description of
all corners found or set, adjoining maps or property
lines of record;
3. The map shall be drawn on 18" x 26" minimum sheets of
reproducible material.
C. The City Engineer may waive the boundary plat if sufficient
survey information is of record.
D. Wherever the City Engineer has established the centerline
of a street, that 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 boundaries
adjoining the division of land.
SECTION 9.3. PRELIMINARY FILING OF FINAL SUBDIVISION MAP
A. When a boundary survey map is approved or waived by the City
Engineer, the subdivider may then file his final map for
preliminary checking in the office of the City Engineer.
Five positive prints shall be filed with the City Engineer
to be distributed as follows:
1. Two to the City Engineer.
2. One to the Planning Director.
3. One to the appropriate flood control agency.
B. The final map shall be accompanied by the following:
1. Map checking fee as set forth in Article XVII.
C. Improvement Plans shall be accompanied by the following:
1. Two sets of prints of plans of the proposed improvements
together with the plan checking fee as set forth in
Article XVII.
D. Prior to the recordation of the final map, the following
items shall be provided and approved:
1. A copy of the approved Conditions, Covenants and Re-
strictions (CC & R's) that are to be recorded with the
final map.
2. Evidence of title in the form of a current preliminary
title report issued by a California title company,
showing the names of persons having any record title
interest in the land to be divided, together with the
nature of their respective interests therein. In the
event that any dedication is to be made for public use
of any property shown on a final land division map, a
subdivision guarantee shall be issued by a California
title company.
The consent of the owner or owners of any contingent
reversionary interest in the lands to be subdivided is
not necessary and need not be named in the guarantee
of title.
3. All request for waivers of signatures as proved in the
Subdivision Map Act.
4. Utility Plans:
a. An original and 3 positive prints of each map showing
the proposed water distribution and sewage collection
systems, signed by the purveyors and a registered
civil engineer.
Each system shall comply with all applicable State,
County and City regulations. The Beaumont Fire
Department shall also sign the water plan when
conditions include fire protection.
b. Letters from other utility purveyors that will serve
the land division certifying that satisfactory pro-
visions have been made with each of the said public
utility purveyors as to location of their facilities
and construction thereof.
SECTION 9.4. PRELIMINARY FILING OF FINAL PARCEL MAP
A. After a tentative parcel map is approved, the land divider
may cause a final parcel map to be prepared and submitted
to the City Engineer. The land divider shall submit the
following:
1. Two prints of the final parcel map with the plan checking
fee as required in Section 17.1.
2. Two prints each of any required improvement plans with
plan checking fee as required in Section 17.1.
3. Evidence of title in the form of a current preliminary
title report issued by a California title company
showing the names of persons having any record title
interest in the land to be divided, together with the
nature of their respective interests therein. In the
event that any dedication is to be made for public use
of any property shown on a final parcel map, a subdivision
guarantee shall be issued by a California title company.
SECTION 9.5. DATA REQUIRED - FINAL LAND DIVISION MAPS
A. Final subdivision and parcel maps shall conform to all of the
following provisions:
1. Each map shall be legibly drawn, printed or reproduced
by a process guaranteeing a permanent record in black
on tracing cloth or good quality polyester base film,
including certificates, except that such certificates
may be legibly stamped or printed upon the map with
opaque material when recommended by the City Engineer
and authorized by the County Recorder. If ink is used
on polyester base film, the ink surface shall be coated
with a suitable substance to assure permanent legibility.
The size of each sheet shall be 18" x 26". A marginal
line shall be drawn completely around each sheet, leaving
an entirely blank margin of one inch.
2. Each map shall bear the number as assigned by the Road
Commissioner which shall be followed by a sub -title
consisting of a general description of all the property
being divided by reference to record maps, and to section
surveys or ranchos. Reference shall be spelled out and
worded identically with original records, with complete
reference to proper book and page of record.
3. All sheets shall be numbered, the relation of one sheet
to another clearly shown, and the number of sheets used
shall be set forth on each sheet. An adequate number
of sheets shall be submitted to clearly present all
pertinent data.
4. When required by the City Engineer, a location map shall
be placed on the final map which indicates the location
of the proposed land division and its relationship to
existing streets and highways.
5. Prior to recording, the certificates and acknowledgments
required by the Subdivision Map Act shall appear on the
maps.
6. The Recorder's certificate shall be placed in the upper
right hand corner of the first sheet only on multi -sheet
maps.
7. The surveyor's or engineer's certificate shall state that
the survey was made by him or under his direction, that
the survey is true and complete as shown, that all monu-
ments are of the character and occupy the positions
indicated and are sufficient to enable the survey to be.
retraced, that the map conforms to the approved tentative
map and conditions of approval thereof, and that all
provisions of the applicable State and local ordinances
have been complied with.
8. The number, scale, north point and sheet number shall be
shown on each sheet of the map. The map shall be drawn
at a suitable engineer's scale to identify and describe
all essential details clearly. If more than two map
sheets are used, an index showing the division of land
with lots numbered as shown on the map, shall be shown.
A boundary survey shall be shown on one sheet.
9. A land division name shall not be shown on the map.
10. The exterior boundary of the land within a land division
shall be indicated by a distinctive delineation and
clearly designated.
11. A statement labeled "Map Notes" shall be shown on one
sheet of the map. The statement shall include the basis
of bearings; the monuments that were found; the monuments
and points that were set, with reference to Resolution
No. 1980-35 standards; and a key to the symbols and
abbreviations and such other information required by the
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City Engineer.
12. Lots shall be numbered consecutively, commencing with the
number "1", with no omissions or duplications. Each lot
shall be shown in its entirety on one sheet. Lots used
for streets, alleys, or barrier strips shall be lettered.
Easements shall be clearly identified.
13. Where a part -width street is shown on a map, the center-
line of the improvements shall be monumented and shown
correctly, as related to the full future width of the
street.
14. Preparation of maps shall conform to Riverside County
standards, as found in policies and ordinances, except
as modified by the City Engineer and approval of the City
Council.
15. For each centerline intersection monument set, the
Engineer or Surveyor under whose supervision the survey
has been made, shall furnish the City Engineer a set of
notes showing clearly four reference monuments.
B. The following data shall be shown on each final subdivision
and parcel map:
1. Dates of survey and the name of the registered civil
engineer or licensed surveyor responsible for the pre-
paration of the maps.
2. Locations and names (without abbreviations) of all
adjoining, existing and proposed streets and the location
of alleys. Proposed public areas and easements shall
also be identified.
3. Gross area of land division, and the net acreage,
computed to the nearest .01 acres, on all lots con-
taining one acre or more. Lot lines shall be shown by
solid lines.
4. Centerlines of all streets and lengths, tangent, radius
and central angle or radial bearings on all points on
curves and the bearings of radial lines to each lot
corner on a curve; the width of each street, the width
of the portion being dedicated and the width of
existing dedications; and the widths of rights-of-way
of railroads, flood control or drainage channels and
other easements appearing on the map.
5. Sufficient data to determine readily the bearing and
length of each line. Recorded survey data as required
by the City Engineer.
6. Sufficient primary survey control points.
7. Ties to and recording references to adjacent record maps
and to section corners, quarter section corners and also
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to section lines and quarter section lines when adjacent
or within the map.
8. Centerline data and width of all easements to which the
division of land is subject. If the easements are not
definitely located by record, a statement as to the
easement shall appear on the title sheet of the land
division map. Distances and bearings on the side lines
of lots which are cut by an easement shall be so shown
as to indicate clearly the actual location. Alignment
data alongside lot lines of easements shall be provided
when not controlled by paralleling lines or centerline.
The easement shall be clearly labeled and identified
and, if already on record, proper reference to the records
given. Easements dedicated in land divisions shall be
included in the owners Certificate of Dedication.
Easements shall be shown on the map by broken lines.
9. Clear indication of stakes, monuments or other evidence
found on the ground to determine the boundaries of the
tract, data to determine physical description, size,
ground position, tag number and record reference of
survey markers. Untagged monuments accepted as control
shall be tagged or replaced by the surveyor or engineer
making the survey.
10. No setback lines shall appear on the final map.
11. New street names shown on a land division map must be
approved by the City Engineer.
12. Any required conditions related to geologic hazard.
SECTION 9.6. PARCEL MAPS COMPILED FROM RECORDED DATA
A. A parcel map of four or less parcels may be compiled from
recorded or filed data, if such data is acceptable to the
City Engineer. Parcel Maps compiled from record data must
be part of a recently recorded Tract or Parcel Map that was
not compiled from recorded data.
SECTION 9.7. FILING OF FINAL LAND DIVISION MAPS
A. After the preliminary final land division map is determined
tobe correct, The City Engineer shall notify the land
divider to prepare and submit the original final map
together with all required agreements for improvements and
securities and all other required documents as may be
necessary for Council consideration of the final map. If
the final land division map or documents are not determined
complete by the City Engineer, they shall be returned to the
land divider for corrections.
SECTION 9.8. ACTION BY THE CITY ENGINEER
A. When the final land division map and all agreements, securi-
ties and other required documents have been submitted and
found to be in correct form, the City Engineer shall, within
twenty (20) days thereof, file the final map and documents
with the City Council and certify that:
1. He has examined the map.
2. The land division as shown is substantially the same
as it appeared on the tentative map and any approved
alterations thereof.
3. All provisions of the Subdivision Map Act and all City
Ordinances applicable at the time of approval of the
tentative map have been complied with.
4. He is satisfied that the map is technically correct.
5. In the certificate, the City Engineer shall state the
date of approval of the tentative map and the date of
expiration.
SECTION 9.9. ACTION BY THE CITY COUNCIL
A. 66458. (a) The Council shall, at the meeting at which it
receives the map or, at its next regular meeting after the
meeting at which it receives the map, approve the map if it
conforms to all the requirements of the Subdivision Map Act
and this Ordinance applicable at the time of approval or
conditional approval of the tentative map and any rulings
made thereunder or, if it does not so conform, disapprove
the map; provided, however, the final map shall not be
disapproved due to technical or inadvertent errors which
can easily be corrected and, in the opinion of the City
Engineer, do not materially affect the validity of the map.
SECTION 9.10. SURVEY AND MONUMENTS
A. At the time of making the survey for a final land division
map, the engineer or surveyor shall set sufficient durable
monuments to conform to the standards described in Section
8771 of the Business and Professions Code and also comply
with the requirements of Resolution 1980-35 and the City
Engineer.
B. When 5 or more lots are shown on the final map, final
monuments need not be set at the time the map is recorded
if the engineer or surveyor certifies on the map that the
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monuments will be set on or before a specified later date,
and if the land divider enters into a secured agreement
guaranteeing the setting of the monument.
C. When 4 or less lots are shown on the final map, monuments
shall be set prior to the recordation of the final map.
SECTION 9.11. DELIVERY OF FINAL MAP TO THE RECORDER
A. The final land division map shall be presented by the City
Clerk to the Recorder for filing within 5 days of the
action approving the final map by the City Council.
B. The land developer shall present to the Recorder evidence
that, at the time of the filing of a final land division
map, the parties consenting to the filing are all of the
parties having a record title interest in the real property
being divided whose signatures are required, as shown by the
records in the Office of the Recorder; otherwise, the map
shall not be filed.
C. The Recorder shall have not more than ten (10) days within
which to examine the final land division map and either
accept or reject it for filing.
D. If the Recorder accepts the map for filing, such acceptance
shall be certified on the face thereof.
E. Within ten (10) days following the filing of the final sub-
division map or parcel map by the County Recorder, the land
divider shall make a polyester type film duplicate of the
original recorded map and deliver the same to the City
Engineer who shall retain custody thereof.
SECTION 9.12. CERTIFICATE OF COMPLIANCE -WAIVER OF FINAL PARCEL
A. When a final parcel map has been waived, upon completion of
all requirements of the Subdivision. Map Act, this ordinance
and the conditions required for waiver of the final map,
the Planning Director shall file a Certificate of Compliance
with the Recorder upon payment of the fee set forth in
Section 17.1.
ARTICLE X
LAND DIVISION DEDICATIONS, IMPROVEMENTS,
FEES AND RESERVATIONS
SECTION 10.1. DEDICATIONS
A. All streets, highways and alleys, and other parcels of land
intended for public use including, but not limited to,
access road easements required for flood control and
utilities intended for public use, shall be offered for
dedication to the public by owners certificate as a part of
a final land division map. No utility easement or other
rights-of-way shall be granted within proposed street dedi-
cations subsequent to the date of filing of a preliminary
tentative map. Necessary rights-of-way outside of the tract
boundary must be processed by separate instruments.
B. Whenever a limited access highway is 88 feet or greater in
right-of-way width as shown on the Circulation Element of
the General Plan of Beaumont City or as provided by this
ordinance, adjoins or passes through a division of land,
access rights to said highway may be required to be offered
for dedication to the City of Beaumont. In such event, the
note "ACCESS RIGHTS RESTRICTED" shall be shown along the
highway right-of-way.
Access rights may be restricted when necessary where the
ultimate right-of-way width is 88 feet or greater, except
for approved access openings.
SECTION 10.2. LAND DIVISION IMPROVEMENTS
A. Improvements installed in land divisions shall be constructed
in conformance to the provisions of Resolution No. 1980-35.
B. In the absence of a standard for an improvement, the City
Engineer may establish a standard in keeping with good
construction and engineering practices.
C. When asphalt -concrete dikes are permitted and drainage is
required to cross at intersecting streets, concrete curb
returns and cross -gutters shall be installed.
D. Structural roadbed section shall be designed using recognized
design methods, employing engineering soils analysis and
determination of traffic evaluations.
E. The street pattern in the land development shall not land-
lock adjacent property or preclude access to public land.
F. When located under the pavement, utility mains and utility
services shall be installed before the final street surfacing
is installed.
G. Asphalt -concrete dikes shall be waived when it is determined
that they are unnecessary for drainage purposes.
SECTION 10.3. IMPROVEMENT PLANS REQUIRED
A. All improvements constructed or installed in land divisions
shall be in accordance with detailed plans and specifications
as approved in writing by the City Engineer prior to
commencement of said improvement work.
B. All plans shall be submitted to the City Engineer and shall
be approved by him before submitting a final land division
map to the Council.
C. All improvements constructed or installed in land divisions,
other than rough grading for physical access, whether such
work isrequired by the City or is done at the option of the
land divider, shall be in accordance with plans and specifi-
cations as approved by the City Engineer.
D. Improvement plans shall be required for all improvements,
whether installed before or after recordation of the final
map.
E. Contractors shall secure an encroachment permit for all work
done in connection with land division projects within public
right-of-way.
F. The improvement plans shall show the location of all existing
improvements, gas and any other service facilities.
G. Improvements proposed or required on State Highway rights-of-
way shall be included in the improvement plans and designed
to Department of Transportation standards. Prior to approval
by the City Engineer, the land divider's engineer shall
acquire the Department of Transportation's approval of such
improvements.
SECTION 10.4. IMPROVEMENTS FOR SUBDIVISIONS.
A. The minimum improvements which a land divider shall install,
or enter into an agreement to install, for subdivisions shall
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be as hereinafter set forth in Schedules A and B.
SECTION 10.5. SCHEDULE "A" SUBDIVISION
A. Any division of land into 5 or more parcels, where any parcel
is less than 18,000 square feet in net area, shall be defined
as a Schedule "A" subdivision. The minimum improvements for
a Schedule "A" subdivision shall be as follows:
1. STREETS. The minimum improvements for streets are es-
tablished as follows:
a. Arterial Highways - 86 feet in width, designed and
constructed in conformance with Riverside County
Ordinance 461, Standard No. 100.
b. Major Highways - 76 feet in width, designed and
constructed in conformance with Riverside County
Ordinance 461, Standard No. 101.
c. Secondary Highways - 64 feet in width, designed and
constructed in conformance with Riverside County
Ordinance 461, Standard No. 102.
d. Collector Streets - 44 feet in width, designed and
constructed in conformance with Riverside County
Ordinance 461, Standard No. 103, Sec. A.
e. General Local Streets - 40 feet in width, designed
and constructed in conformance with Riverside County
Ordinance 461, Standard No. 104, Sec. A.
f. Short Local Streets - 40 feet in width, designed and
constructed in conformance with Riverside County
Ordinance 461, Standard No. 104, Sec. A.
Restricted Local Streets - 32 feet in width, designed
and constructed in conformance with Riverside County
Ordinance 461, Standard No. 106, Sec. A.
h. Access Road - 26 feet in width, designed and con-
structed in conformance with Riverside County
Ordinance 461, Standard No. 107.
i. Frontage Road - 36 feet in width, designed and
constructed in conformance with Riverside County
Ordinance 461, Standard No. 109, Sec. A.
j. Cul -de -Sac Streets - shall be designed and con-
structed in conformance with Riverside County
Ordinance 461, Standard No. 800. The various
street widths shall be compatible with the adjacent
land uses.
g•
k. Alleys - 20 feet in width, designed and constructed
in conformance with Riverside County Ordinance 461,
Standard No. 500
1. Part -width Streets - 20 feet in width, designed and
constructed in conformance with Riverside County
Ordinance 461, Standard No. 110, Sec. A. except
when a part -width street serves as an access to the
interior subdivision street network, the minimum
width shall be one-half of the required improvement,
but not less than 28 feet.
m. Street Name Signs - Type and placement shall conform
with Riverside County Ordinance 461, Standard No.
461, No. 815 or 816.
n. Barricades shall be placed at the end of dead-end
streets in accordance with Riverside County Ordinance
461, Standard No. 810.
o. Sidewalks shall be required to be constructed unless
they are determined by the approving body to be un-
necessary considering the design of the development.
Sidewalk construction shall be in accordance with
the Improvement Standards of Riverside County
Ordinance 461, Standard 400 or 401.
2. DOMESTIC WATER. The minimum requirement for domestic
water supply and distribution system is as follows:
a. Water Supply: 300 gallons per day per single-family
lot and 450 gallons per day per lot for all other
lots, in all cases deliverable in a four-hour period.
b. Piped water systems.
c. Service connections: Single-family residence lot -
5/8 inch; Multiple -family residence lot - 1 inch.
3. FIRE PROTECTION. The minimum requirement for fire
protection facilities in residential zones that do not
allow multi -family residential uses shall be as follows:
a. Type of fire hydrant and connection as approved by
the Beaumont Fire Department.
b. Hydrants located one at each street intersection to
conform to Beaumont Ordinance 528 and 548 and Riverside
County Ordinance 546, and not greater than 500 feet
apart in any direction.
c. Minimum flow of water which a system shall be capable
of delivering at any hydrant: 500 gallons per minute
at 20 pounds per square inch flowing pressure above
the average daily domestic consumption,
d. For the purposes of this section, 50 gallons per
minute is established as the average daily domestic
consumption rate for the area served by one fire
hydrant. In zones that allow multi -family residential
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uses, the minimum fire protection shall be set forth
in Beaumont Ordinances 528 and 548 and Riverside
County Ordinance 546.
4. SEWAGE DISPOSAL. The minimum requirement for sewage
disposal shall be as follows:
a. Connection to an existing collection system is
required.
5. ELECTRICAL AND COMMUNICATION FACILITIES. Minimum re-
quirement for electrical and communication facilities
shall be as follows:
a. Electrical and communication facilities shall be
installed in conformity with the provisions of
Article XIII.
SECTION 10.6. SCHEDULE "B" SUBDIVISION
A. Any division of land into 5 or more parcels, where any parcel
is not less than 18,000 square feet in net area, shall be
defined as a Schedule "B" subdivision. The minimum improve-
ments for a Schedule "B" subdivision shall be as follows:
1. STREETS. Width of asphalt paving required shall be deter-
mined as a part of the approval of the tentative map in
accordance with the following factors:
a. DESIGN
(1) The intensity of the use permitted by the zoning
on the property.
(2) The nature of the developed street improvements
in the surrounding area.
(3) The topography of the parcel and surrounding area.
(4) Drainage, erosion and similar factors.
b. WIDTH. The maximum width of paving shall be as re-
quired for Schedule "A" streets, and the minimum width
of paving required shall be as follows:
(1) Arterial Highway - 44 feet in width, designed and
constructed in conformance with Riverside County
Ordinance No. 461, Standard No. 100.
(2) Major Highways - 44 feet in width, designed and
constructed in conformance with Riverside County
Ordinance No. 461, Standard No. 101.
(3) Secondary Highways - 44 feet in width, designed
and constructed in conformance with Riverside
County Ordinance No. 461, Standard No. 102.
(4) Collector Streets - 32 feet in width, designed
and constructed in conformance with Riverside
County Ordinance No. 461, Standard No. 103,
Sec. B.
(5) General Local Streets and Short Local Streets -
26 feet in width, designed and constructed in
conformance with Riverside County Ordinance No.
461, Standard No. 104, Sec. B.
(6) Restricted Local Streets - 26 feet in width,
designed and constructed in conformance with
Riverside County Ordinance No. 461, Standard
No. 106, Sec. B.
(7) Access Roads - 26 feet in width, designed and
constructed in conformance with Riverside
County Ordinance No. 461, Standard No. 107.
(8) Frontage Roads - 26 feet in width, designed
and constructed in conformance with Riverside
County Ordinance No. 461, Standard No. 109,
Sec. B.
(9) Cul -de -Sac Streets - shall be designed and
constructed in conformance with Riverside
County Ordinance No. 461, Standard No. 800.
(10) Part -width Streets - 20 feet in width,designed
and constructed in conformance with Riverside
County Ordinance No. 461, Standard No. 110,
Sec. C, except when a part -width street serves
as an access to an interior subdivision street
network the minimum width shall be one-half of
the required improvement, but not less than
28 feet.
(11) Street Name Signs - Type and placement shall
conform with Riverside County Ordinance No. 461,
Standard No. 815 or No. 816.
(12) Barricades shall be placed at end of dead-end
streets in conformance with Riverside County
Ordinance No. 461, Standard No. 810.
2. DOMESTIC WATER. The minimum requirement for a domestic
water supply and distribution system is as follows:
a. WATER SUPPLY: 300 gallons per day per single-family
lot, and 450 gallons per day per lot for all other
lots, in all cases deliverable in a four-hour period.
b. Piped water systems.
c. Service connection: Single-family residence lot -
5/8 inch; multiple -family residence lot - 1 inch.
3. FIRE PROTECTION. The minimum requirement for fire
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protection facilities in residential zones that do not
allow multi -family residential uses shall be as follows:
a. Type of fire hydrant and connection as approved by
the agency providing fire protection.
b. Hydrants located one at each street intersection,
but not greater than permitted by Beaumont Ordinances
528 and 548 and Riverside County Ordinance 546, in
any direction.
c. Minimum flow of water which system shall be capable
of delivering at any hydrant: 500 gallons per
minute, at 20 pounds per square inch flowing pressure
above the average daily consumption rate.
d. For the purpose of this section 50 gallons per
minute is established as the average daily domestic
consumption rate for the area served by one fire
hydrant.
In zones that allow multi -family residential uses,
the minimum fire protection shall be as set forth
in Beaumont Ordinances 528 and 548 and Riverside
County Ordinance 546.
4. SEWAGE DISPOSAL. The minimum requirement for sewage
disposal shall be as follows:
a.
b.
Connection to
required, or
If an existing collection system is not available
and if it is determined that satisfactory indivi-
dual disposal systems cannot be proved because of
soil conditions, determined by soil percolation
tests in conformity with the standards of the
"Ludwig Modification", and finding that the
conditions and requirements of the Health Department
and the Regional Water Qaulity Control Board cannot
be met, than a package treatment plant and collector
system shall be required.
5. FENCES. Minimum fencing requirements shall be as follows:
a. Six-foot chain link galvanized wire fences shall be
installed along any canal, drain, expressway or other
feature deemed to be hazardous.
6. ELECTRICAL AND COMMUNICATION FACILITIES. Minimum require-
ment for electrical and communication facilities shall be
as follows:
a. Electrical and communication facilities shall be
installed in conformity with the provisions of
Article XIII.
an existing collection system is
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SECTION 10.7. SCHEDULE "C" PARCEL MAP DIVISION
A. Any division of land into 2 or more parcels in commercial or
industrial zones, regardless of parcel size, shall be defined
as a Schedule "C" subdivision. The minimum improvements for
a Schedule "C" subdivision shall be as follows:
1. STREETS. The minimum improvements for streets are estab-
lished as follows:
a. All streets shall be constructed in accordance with
Schedule "A" except:
(1) No street shall be less than 64 feet in width,
designed and constructed in conformance with
Riverside County Ordinance No. 461, Standard
No. 102.
(2) No part -width street shall be less than 32 feet
in width.
(3) Concrete curb and gutter shall be required in
all cases.
b. Sidewalks shall be required to be constructed unless
they are determined by the approving body to be un-
necessary considering the design of the development.
Sidewalk construction shall be in accordance with
the Improvement Standards of Riverside County
Ordinance No. 461, Standard No. 400 or 401.
2. DOMESTIC WATER. The minimum requirement for domestic
water supply and distribution system is as follows:
a. Water Supply: 450 gallons per day per lot, and in
all cases deliverable in a four-hour period.
b. Piped water system.
c. Service Connections: 1 inch.
3. FIRE PROTECTION. The minimum fire protection requirements
shall be as provided in Beaumont Ordinances 528 and 548
and Riverside County Ordinance 546.
4. SEWAGE DISPOSAL. The minimum requirement for sewage
disposal shall be as follows:
a. Connection to an existing collection system is re-
quired, or
b. If an existing collection system is not available and
if it is determined that satisfactory individual
disposal systems cannot be provided because of soil
conditions, determined by soil percolation tests in
conformity with the standards of the "Ludwig Modifi-
cation" and finding that the conditions and requirements
of the Health Department and the Regional Water
Quality Control Board cannot be met, a package treatment
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plant and collector system shall be required.
5. FENCES. Minimum requirement for fencing shall be as
follows:
a. Six-foot chain link galvanized wire fence shall be
installed along any canal, drain, expressway or
other feature deemed to be hazardous.
6. ELECTRICAL AND COMMUNICATION FACILITIES. The minimum
requirements for electrical and communication facilities
shall be as follows:
a. Electrical and communication facilities shall be
installed in conformity with the provisions of
Article XIII.
SECTION 10.8. SCHEDULE "D" PARCEL MAP DIVISION
A. Any division of land into 4 or less parcels, where any parcel
is less than 18,000 square feet in net area, shall be defined
as a Schedule "D" Parcel Map Division. The minimum improve-
ments for a Schedule "D" parcel map division shall be the
same as those required for Schedule "A" subdivisions in
accordance with Section 10.5 of this ordinance.
SECTION 10.9. SCHEDULE "E" PARCEL MAP DIVISION
A. Any division of land into 4 or less parcels, where any parcel
is not less than 18,000 square feet in net area, shall be
defined as a Schedule "E" parcel map division. The minimum
improvements for a Schedule "E" parcel map division shall be
the same as those required for Schedule "B" subdivisions in
accordance with Section 10.6 of this ordinance.
SECTION 10.10. DRAINAGE FEES
A. This section is adopted pursuant to Section 66483, et seq.
of the Government Code which provides for the payment of
fees for the construction of drainage facilities, as a
condition to the division of land.
B. Whenever land that is proposed to be divided lies within the
boundaries of an Area Drainage Plan, a drainage fee in the
amount required by the plan for the area, as adopted or
thereafter amended, shall be required as a condition of
approval of the division of land in that drainage area.
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C. The Area Drainage Plan shall be adopted by resolution of the
City Council, pursuant to the provisions of Government Code
Section 66483 et seq.; shall cover a particular drainage
area; shall contain an estimate of the total cost of con-
structing the drainage facilities required by the plan; and
shall include a map of the area that shows the boundaries
of the drainage area and the location of the required
facilities serving the drainage area. As a part of the
adoption of a plan, the Council shall find and determine
that the subdivision and development of land within the
plan area will require construction of the facilities
described in the plan. The Council shall further find and
determine that the drainage fees are fairly apportioned
within the local drainage area, on the basis of benefits
conferred on property proposed for subdivision or on the
need for local drainage facilities created by the proposed
subdivision and development of other properties within the
adopted drainage area, and may provide for varying fees;
provided, however, the fee as to any property proposed for
subdivision within a drainage area shall not exceed the pro
rata share of the amount of the total actual or estimated
costs of all facilities within the area which would be
assessable on such property if the costs were apportioned
uniformly on a per acre basis.
D. Drainage fees shall be paid at the time of the filingof the
final map or parcel map, or as a condition of the waiver of
the filing of a parcel map; provided, however, at the option
of the land divider the fee may be paid, in pro rata amounts,
at the time of the issuance of grading permits for the
approved parcels or at the time of issuance of building
permits if no grading permits are issued for the parcels.
The amount of the drainage fee required to be paid shall be
in the amount that is in effect for the particular Area
Drainage Plan at the time of actual payment of the fee.
If the land divider elects to have payment made at the time
of issuance of a grading or building permit, the recorded
final map or parcel map or certificate of compliance
evidencing the waiver of the filing of a parcel map shall
specifically state that payment of a drainage fee is re-
quired to be paid prior to issuance of a grading permit or
building permit for the parcels that have been created by
the land division. In addition, a separate instrument
shall be recorded by the land divider in the office of the
County Recorder of Riverside County at the time of the
filing of the final map or parcel map or certificate of
compliance evidencing the waiver of the parcel map, which
gives notices that a drainage fee is required to be paid
by any person that owns such parcels prior to issuance of
a grading or building permit.
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E. If the drainage fee is paid at the time of the filing of the
final map or parcel map or certificate of compliance evi-
dencing the waiver of the parcel map, it shall be paid to
the City Engineer. If the drainage fee is paid at the time
of issuance of a grading or building permit, it shall be
paid to the Building Director. All fees that are collected
shall thereafter be depsoited into a Local Drainage Facili-
ties Fund maintained under the jurisdiction of the Riverside
County Flood Control and Water Conservation District. A
separate fund shall be established by the District for each
adopted local drainage area. Money in such funds shall be
expended for construction or reimbursement for construction,
including acquisition of right-of-way necessary for con-
struction of the drainage facilities serving the drainage
area for which the fees are collected, or to reimburse the
District for the cost of engineering and administrative
services to design and construct and acquire any necessary
right-of-way for the facilities.
F. In the discretion of the Council considerations such as
dedications of right-of-way, actual construction, or design
work by a civil engineer may be accepted in lieu of the
payment of drainage fees, upon a determination that the
alternative is acceptable and is equal to or greater in
value than the required fee.
G. Money may be advanced by the Riverside County Flood Control
and Water Conservation District to design or construct
drainage facilities or to acquire necessary right-of-way
within an adopted drainage area; therefore, money so
advanced may be reimbursed to the District from the fund
for the local drainage area in which the facilities are
located.
H. When required for the implementation of an adopted area plan,
anagreement may be entered into between a developer and the
Riverside County Flood Control and Water Conservation District
whereby the developer may advance money for the construction
of facilities, or design or construct facilities within a
local drainage area; provided that the sole security to the
developer for repayment of money or other consideration
advanced shall be money subsequently accruing to the Local
Drainage Facilities Fund for the drainage area in which the
facilities are located. Reimbursement shall be for the
amount agreed upon in advance only and shall not include
interest or other charges. The agreement shall expire fifteen
(15) years after the date it was entered into, and any sub-
sequent money paid into the fund shall accrue to thefund
without obligation to developers whose agreements have
expired.
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I. The drainage plan area, the required facilities and the
drainage fee in an adopted plan may be amended by the
Council at any time upon a determination that it is necessary
to do so in order to correctly reflect the drainage area,
the required facilities or estimated cost of the facilities.
ARTICLE XI
FLOOD CONTROL AND TRACT DRAINAGE
SECTION 11.1. GENERAL PROVISIONS
Facilities required for the control of tract drainage and flood-
waters in Schedules "A", "B", "C", "D" and "E" land divisions
are established as follows:
A. The minimum design for facilities which control drainage
water generated within a land division or floodwater
flowing into or crossing a land division shall be based
on a storm having a frequency of once in 100 years.
Hydrologic and hydraulic calculations for the design of
drainage facilities which control drainage water generated
within a land division shall be submitted for approval to
the City Engineer. Hydrologic and hydraulic calculations
for the design of flood control facilities to control
floodwater flowing into or crossing a land division shall
be submitted for approval to the flood control agency
having jurisdiction and to the City Engineer.
B. The use of streets for flood control and drainage purposes
may be prohibited by the City Engineer if the use thereof
is not in the interest of the public health, safety and
welfare.
C. When the City Engineer permits the use of streets for flood
control and drainage purposes, the 10 -year frequency design
discharge shall be contained between the tops of curbs, and
the 100 -year frequency design discharge shall be contained
within the street right-of-way. If either of these condi-
tions is exceeded, additional flood control facilities shall
be provided.
SECTION 11.2. FLOOD CONTROL
A. The Flood Control Engineer shall review the hydrologic
calculations submitted by the land divider and determine
the adequacy of peak discharges of offsite floodwaters
impinging upon the land division from which protection must
be provided. The land divider may consult and confer with
the Flood Control Engineer or his representative as to the
adequacy of any flood control facilities proposed.
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B. Improvement plans for flood control facilities to control
floodwater flowing into or crossing a land division shall
be approved by the Flood Control Agency and the City
Engineer.
C. After receipt of an acceptable tentative map, the Flood
Control Engineer will recommend conditions to be imposed.
He shall also furnish a flood hazard report to the land
divider and such governmental agencies as may require the
same.
SECTION 11.3. TRACT DRAINAGE
A. Improvement plans for drainage facilities to control drainage
water generated within a land division shall be approved by
the City Engineer.
B. In land divisions where lot grading is not proposed, the
following criteria are established:
1. Where land division streets on sustained gradients cross
natural drainage courses, adequate culverts shall be
provided to accommodate the 100 -year storm with maximum
ponding to an elevation 2 feet below the road centerline
profile grade, provided diversion of ponded water into
another drainage area will not result therefrom.
2. Runoff in natural drainage courses exceeding the 10 -year
storm may be permitted to overtop the roadway in dip
sections where, in the opinion of the City Engineer,
topography, soil conditions, adjacent development and
available all-weather routes indicate its feasibility.
If permitted, the roadway embankment slopes shall be
adequately protected.
3. Culverts of adequate size, but not less than 18 inches
in diameter or equal, to prevent the 10 -year storm from
overtopping the roadway shall be provided in dip
sections or as approved by the City Engineer.
4. Streets crossing improved channels shall be provided
with culverts of adequate size to permit passage of
the channel design flow or such other type of crossing
as approved by the Flood Control Agency and the City
Engineer.
5. Asphalt concrete for lining of channels shall not be
permitted.
6. When a land division substantially changes, concentrates
or increases the natural flow of surface water onto ad-
jacent property, facilities shall be required to direct
the water to an adequate outlet, or the land divider
shall obtain a recordable easement or written agreement
for drainage purposes across the affected property.
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ARTICLE XII
DRY SEWERS
SECTION 12.1. DRY SEWERS
A. If a land division is filed that proposes a density of two
or more lots per acres, and if connection to a wet sewerage
system is not required, the installation of a dry sewer
system may be required. Installation of the sewer mains,
laterals and connections shall be completed prior to the
installation of street improvements.
SECTION 13.1.
ARTICLE XIII
ELECTRICAL AND COMMUNICATION FACILITIES
INSTALLATION REQUIREMENTS
A. Electric power, telephone or other communication, street
lighting and cable television lines shall be placed
underground.
B. The owner or land divider is responsible for complying with
the requirement of this section and shall make necessary
arrangements with the serving agencies for the installation
of such facilities.
C. For the purposes of this section, appurtenances and
associated equipment such as, but not limited to, surface
mounted transformers, concealed ducts, and pedestal mount
terminal boxes and meter cabinets may be placed above
ground.
D. Underground lines shall not be required:
1. For any part of a land division as to which an existing
overhead line is in a street or easement adjacent to
the lot or lots to be served from said line or from one
or more additional lines on the same poles.
2. In any land division or portion thereof where it is
determined that, due to severe soil or topographical
problems in the greater portion of the land, underground
installation would be unreasonably costly and the use
of overhead lines would not be detrimental to other
property in the vicinity.
3. In any case in which it is determined that the use of
overhead facilities is compatible with the surrounding
development and is not inconsistent with the purposes
of this ordinance, underground lines as to all or a
portion of a. land division may be waived at the time
of the approval of the tentative map. Application
shall be made in writing by the land divider at the
filing of the tentative map, stating fully the facts
and grounds upon which the waiver is sought.
E. When arrangements are made with the serving agency, a letter
stating that arrangements have been made for underground
facilities and such other comments the agency may have
regarding easements, utility locations and other pertinent
matters must be submitted by the agency to the City Engineer.
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SECTION 14.1.
ARTICLE XIV
SECURITY FOR IMPROVEMENTS
SECURITY FOR IMPROVEMENTS
A. If the improvements are not completed prior to approval of
the final map, the land divider shall enter into an agree-
ment with the City to complete the improvements and in
connection therewith shall furnish the City improvement
security in the amounts required by Subsection D of this
section. Acceptable forms of security shall be limited
to the following:
1. A bond or bonds by one or more duly authorized corporate
sureties.
2. A deposit with the City of cash.
3. An irrevocable instrument of credit from one or more
financial institutions subject to regulation by the
state or federal government pledging that the funds
necessary to carry out the agreements are on deposit,
guaranteed for payment, and constitute a trust fund
which is not subject to levy or attachment by any
creditor of the depositor until released by the City.
4. An irrevocable letter of credit issued by a financial
institution subject to regulation by the state or
federal government guaranteeing that all or any portion
of the funds available pursuant to the letter of credit
will be paid upon the written demand of the City
Engineer, and that such written demand need not present
documentation of any type as a condition of payment,
including proof of loss.
5. A recorded covenant with the City, if approved by the
Planning Commission and City Council, to defer improve-
ments until the City requires them to be completed.
B. The agreement and the improvement security shall be executed
only upon forms and terms approved by the Council and shall
be checked by the City Engineer. If bonds are to be used
they shall substantially be in the form provided for in the
Subdivision Map Act.
C. The original period of the agreement and security shall be
twelve (12) months. If a written request for an extension
of time is filed with the City Clerk prior to the expiration
of the initial twelve-month period, or any granted extension,
the Council may grant extensions for additional one-year
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periods. Such extensions may be granted only at the request
of the landowner and after a showing that, if construction
of improvements has commenced, reasonable progress is being
made toward completion of the required improvements, or, if
construction has not been commenced, the additional security
has been furnished to cover the increased cost of construction
of said improvements. In addition to the above requirements,
and as a further condition to granting an extension of time,
the Council may require additional agreements or security be
furnished as are necessary to guarantee the completion of
the improvements.
D. Security to guarantee the performance of any act or agreement
shall be in the following amounts:
1. 100 percent of the total estimated cost of the improve-
ment or of the act to be performed, conditioned upon the
faithful performance of the act or agreement.
2. .50 percent of the total estimated cost of the improvement
or the performance of the required act, securing payment
to the contractor, his subcontractors, and to persons
furnishing labor, materials or equipment to them for the
improvement or the performance of the required act.
3. 10 percent of the total estimated cost of the improvement
or the performance of the required act 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.
As a part of the obligation guaranteed by the security and
in addition to the face amount of the security, there shall
be included costs and reasonable expenses and fees, including
reasonable attorneys' fees incurred by the City in success-
fully enforcing any obligation, all to be taxed as costs and
included in any judgment.
E. The security may be released, in whole or in part, in the
following manner:
1. Security given for faithful performance of any act or
agreement shall be released upon the performance of the
act and final completion and acceptance of the required
work. A maximum of three partial releases of the
security may be granted by written order of the City
Engineer upon a determination by the City Engineer of
the acceptable work that has been completed and the
amount of security that is necessary to guarantee the
completion of the remaining improvements. Requests
for partial releases, setting forth in detail the
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amount of work completed, shall be made in writing to
the City Engineer.
2. Security securing the payment to the contractor, his
subcontractors, and to persons furnishing labor,
materials or equipment may,'six months after the
performance of the act or the completion and acceptance
of the work, be reduced to an amount not less than the
total of all claims on which an action has been filed
and notice thereof given in writing to the Council, and,
if no such actions have been filed, the security may be
released in full.
3. The release of such security shall not apply to any
required guarantee and warranty period, nor to the
amount of the security given for such guarantee and
warranty period, nor to costs and reasonable expenses
and fees, including reasonable attorneys' fees.
F. In any case where the performance of the obligation for which
the security is required is subject to the approval of
another agency, the security shall not be released until the
obligation is performed to the satisfaction of such other
agency. The City shall notify the serving agency in writing
and such agency shall have two (2) months after completion
of the performance of the obligation to register its
satisfaction or dissatisfaction. If at the end of that
period it has not registered its satisfaction or dissatis-
faction, it shall be conclusively deemed that the performance
of the obligation was done to its satisfaction.
G. The liability upon the security given for the faithful
performance of any act or agreement shall be limited to:
1. The performance of the work covered by the agreement
between the subdivider and the Council for the
performance of the required act.
2. The performance of any changes or alterations in such
work, provided that all such changes or alterations
do not exceed 10 percent of the original estimated
cost of the improvement.
3. The guarantee and warranty of the work for a period
of one year following completion and acceptance
thereof against any defective work or labor done or
defective materials furnished in the performance of
the agreement or the performance of the act.
4. Costs and reasonable expenses and fees, including
reasonable attorneys' fees.
H. If the estimated cost of completing the street/drainage
improvements, water system improvements, sewer system
improvements or the setting of the monuments, is $5,000,
or less, a cash bond shall be required for that specific
improvement. A cash bond shall also be required to
guarantee the payment of taxes of $2,500, or less, which
at the time of filing the map are a lien against the real
property, but not yet payable.
I. The City Engineer is authorized to release or reduce the
security in accordance with the provisions of this
section.
ARTICLE XV
REVERSION TO ACREAGE
SECTION 15.1. REVERSION TO ACREAGE
Divided real property may be reverted to acreage pursuant to
the provisions of this ordinance and the Subdivision Map Act.
Reversion to acreage proceedings may be initiated by the City
Council on its own motion, or by petition of all owners of
record of real property that is proposed to be reverted to
acreage.
SECTION 15.2. PROCEDURES FOR FILING
To revert divided lands to acreage, a tentative map shall be
filed as follows:
A. A tract number shall be obtained from the Road Commissioner
upon payment of the fee set forth in Section 17.1.
B. Fifteen copies of the tentative map shall be filed with
the Planning Director, accompanied by the fee as set forth
in Section 17.1. The fee shall be paid by the owners
filing the tentative map, or, if the reversion to acreage
is initiated by the Council upon request of the owners of
the property, the fee shall be paid by the person making
the request to the Council.
C. The tentative map prepared in the form required by Article
V shall show all relevant details of the land division
proposed to be reverted, its relationship to existing
sheets, dedications and adjoining lands, and configurations
of the proposed reversion.
D. Proof of ownership of the real property proposed to be
reverted to acreage shall be submitted with the tentative
map.
SECTION 15.3. REVIEW OF TENTATIVE MAP
The tentative map shall be distributed by the Planning Director
to all interested and affected agencies and utilities. There-
after, the tentative map shall be considered by the Land Division
Committee, which Committee shall report and recommend to the
Advisory Agency.
SECTION 15.4. CONSIDERATION BY THE ADVISORY AGENCY
The Advisory Agency shall consider the report and recommendation
of the Land Division Committee on the tentative map, and shall
forward a report and recommendation to the Council for approval,
conditional approval or disapproval of the proposed reversion
to acreage. A copy of the Advisory Agency report and recommenda-
tions shall be mailed to the applicant or the authorized agent.
SECTION 15.5. CONSIDERATION BY THE COUNCIL
A. After receipt of the report and recommendations of the
Advisory Agency, the Council shall set the matter for
public hearing. Notice of the time and place of the public
hearing before the Council, including a general description
of the location of the property proposed to be reverted to
acreage, shall be given at least ten (10) days before the
public hearing by publication once in a newspaper of
general circulation that is published and circulated in
the City.
B. Divided real property may be reverted to acreage only if
the Council finds that:
1. Dedications or offers of dedication to be vacated or
abandoned by the reversion to acreage are unnecessary
for present or prospective public purposes,
and
2. Either:
a. All owners of an interest in the real property
within the land division have consented to the
reversion;
or
b. None of the improvements required to be made have
been made within two years from the date the final
land division map was filed for record, or within
the time allowed by agreement for completion of
the improvements, whichever is the later;
or
c. No lots shown on the final land division map have
been sold within five years from the date such
map was filed for record.
C. The following shall be required as conditions to approval of
a reversion:
1. Dedications necessary for a logical street pattern for
for access to any lands not proposed for reversion or
as may be necessary for drainage or utilities.
2. Retention of all previously paid fees.
3. Retention of any necessary improvement security or
deposit.
SECTION 15.6. FINAL MAP PROCEDURE
After the approval of the tentative map, the applicant may cause
a final map to be prepared in accordance with the applicable
provisions of Article IX of this ordinance, and shall pay the
fees as set forth in Section 17.1.
SECTION 16.1.
ARTICLE XVI
LOT LINE ADJUSTMENTS
LOT LINE ADJUSTMENTS
A. An application for a lot line adjustment shall be made to
the Planning Director and shall be accompanied by the items
as follows:
1. The application shall be made on a form provided by the
Planning Department.
2. Copies of the current Assessor's Map Page showing the
involved parcels and delineating the proposed adjustment.
3. The fee set forth in Section 17.1.
4. An application for a Certificate of Compliance as set
forth in Section 18.2.
B. Upon receipt of completed application, the Planning Director
shall review the matter and shall then submit the application
to the Land Division Committee at one of its regular meetings
for its report and recommendations. Within fifty (50) days
after receipt of the completed application, the Planning
Director shall make a final determination as to whether or
not the real property complies with the applicable provisions
of the Subdivision Map Act and the ordinance, including the
following requirements:
1. The adjustment involves adjacent parcels.
2. No new parcels are created.
3. The parcels involved are not reduced below the zoning
development standards applicable to the land.
C. The Planning Director shall cause the Certificate of
Compliance to be recorded following the approval of the
lot line adjustment.
D. The applicant or any interested party may appeal the decision
of the Planning Director on the action to the Advisory Agency
within fifteen (15) days after the decision. The appeal
shall be filed in the Planning Department, stating in writing
the basis for the appeal and accompanied by the fee set forth
in Section 17.1 of this ordinance. All appeals shall be heard
by the Advisory Agency on a date within thirty (30) days
after the date of the filing of the appeal. This is not a
noticed public hearing. Upon the conclusion of the hearing,
the Advisory Agency shall render its decision on the appeal
within twenty (20) days.
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ARTICLE XVII
FEE SCHEDULE
SECTION 17.1.
TRACT NO. OR UNIT NO. $ 10.00
SUBDIVISION FILING 750.00 + $10/lot
FLOOD FEES 300.00 + $ 2/lot
PRD
CONDOMINIUM FILING 750.00 + $10/acre
FLOOD FEES
PARCEL MAP
300.00 + $ 8/acre
340.00 + $10/lot
FLOOD FEES 160.00 + $ 2/lot
REVERSION TO ACREAGE 170.00
LAND DIVISION UNIT MAP 40.00
CERTIFICATE OF COMPLIANCE 150.00 + $10/lot
CERTIFICATE OF COMPLIANCE FOR 50.00
WAIVED P.M. 120.00
LOT LINE ADJUSTMENT 75.00
APPEALS 140.00
SPECIAL SERVICE LETTERS 30.00
ARTICLE XVIII
ENFORCEMENT AND PENALTIES
SECTION 18.1. DENIAL OF PERMITS
No building permit, grading permit or any other permit or
approval necessary to develop real property shall be granted
or issued for any parcel of real property which has been
divided, or which has resulted from a division, in violation
of the provisions of the Subdivision Map Act or this ordinance
that were applicable at the time such division occurred, unless
the Planning Director, as hereinafter provided, finds that
development of such real property is not contrary to the public
health, welfare or safety. A permit or approval shall be
denied whether the applicant was the owner of the real property
at the time of the violation or whether the applicant is the
current owner of the real property with, or without, actual or
constructive knowledge of the violation at the time of acquisi-
tion of the real property. Whenever a permit or approval is
sought to develop such real property, the Department from which
the permit is sought shall notify the applicant that the permit
cannot be granted because of the illegal division of land, and
shall advise the person that he may file an application with
the Planning Director for a determination as to whether the
development of the property would not be contrary to public
health or safety and for the possible issuance of a Certificate
of Compliance.
SECTION 18.2. CERTIFICATE OF COMPLIANCE
A. APPLICATION. Any owner of real property, including owners
denied a permit, may file an application for Certificate
of Compliance. Application for a certificate shall be made
to the Planning Director, accompanied by the fees set forth
in Section 17.1, as follows:
1. A map shall be submitted, drawn on a form provided by
the Planning Department. The map shall be legibly
drawn, in ink, to an engineer's scale, with the scale
shown on the map. It shall show the subject property
with dimensions and the gross and net area, and it
shall show the location, width and names of all streets
and roads adjacent to and providing access to the
property.
2. The map shall show the location and use of all structures
on the property, with the distances from the structures
to the parcel boundaries and distances between structures
and all existing utilities and easements.
3. A small scale vicinity map shall be shown with distances
(in feet or tenths of a mile) to the nearest street
intersection.
4. The map shall show the name, address, telephone number
and signature of the current owner of the property.
5. The map shall show the current zoning on the property
and the current Assessor's Parcel Number.
6. The application shall also include:
a. A legible copy of the current owner's grant deed
or contract of sale.
b. A map and copies of deeds of all other property
owned by the applicant that is contiguous to the
subject real property.
c. Documentation of recorded access to the subject
property unless abutting a public street.
d. A legal description for the subject property to
be typed on plain white paper, 8i" x 11", with
1" margins at the top, sides and bottom. This
legal description shall be reproducible so as to
yield a legible copy that can be used as a part
of a recorded Certificate of Compliance.
e. A lot book report that shows transactions of the
subject property for the previous four (4) years.
B. PROCESSING. Upon receipt of a completed application, the
Planning Director shall review the matter and shall then
submit the application to the Land Division Committee at one
of its regular meetings for its report and recommendations.
Within fifty (50) days after receipt of the completed applica-
tion, the Planning Director shall make a final determination
as to whether or not the real property complies with the
applicable provisions of the Subdivision Map Act and the
ordinance, or whetherthe proposed development of the real
property can be approved as not contrary to the public
health, welfare and safety.
C. ISSUANCE.
1. If the Planning Director determines that the real property
was divided in compliance with the provisions of the
Subdivision Map Act and this ordinance that were appli-
cable at the time the property was divided, he shall
cause a Certificate of Compliance to be filed for record
with the County Recorder.
2. If the Planning Director determines that the property was
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illegally divided, but that a proposed development may
be approved as being not contrary to the public health,
welfare or safety, he may issue a Certificate of
Compliance, which certificate may be contingent upon
the completion of specified conditions. The Planning
Director may impose, as conditions, any requirements
that would have been applicable to the division of
property at the time the current owner of record
acquired the property.
a. When the Planning Director imposes conditions, he
shall file for record with the County Recorder a
Conditional Certificate of Compliance.
b. The conditions may be fulfilled and implemented by
the owner who has applied for the Certificate of
Compliance or any subsequent owner.
c. Compliance with such conditions shall not be re-
quired until such time as a permit or other grant
of approval for the development or use of the
property is issued by the City unless the property
is thereafter included as a part of a legal division
of said property pursuant to the provisions of
this ordinance.
d. Upon completion of the conditions, the owner shall
notify the Planning Director. If the conditions
are satisfactorily completed, the Planning Director
shall then issue and record a final Certificate of
Compliance.
D. INELIGIBLE. A person that has caused land to be illegally
divided shall not be eligible to file for a Certificate of
Compliance for such land, but shall, instead, be required
to file an application for a land division pursuant to the
provisions of this ordinance.
E. APPEAL TO PLANNING COMMISSION. The decision of the Planning
Director regarding a Certificate of Compliance may be
appealed to the Planning Commission within ten (10) calendar
days after the date of the decision by the Planning Director.
Upon receipt of a completed appeal, the Planning Director
shall set the matter for hearing before the Planning
Commission, not less than fifteen (15) days nor more than
sixty (60) days thereafter, and shall give written notice
of the hearing, by mail, to the appellant. The Planning
Commission shall render its decision within thirty (30) days
following the close of the hearing on the appeal, and a
copy thereof shall be mailed to the appellant.
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SECTION 18.3. NOTICE OF VIOLATION
Whenever the Planning Director has knowledge that real property
has been divided in violation of the provisions of the Subdivi-
sion Map Act or of this Ordinance, he shall cause to be filed
for record with the County Recorder notice of intention to
record a notice of violation, describing the real property in
detail, naming the owners thereof, describing the violation
and stating that an opportunity will be given to the owner to
present evidence. Upon recording a notice of intention to record
a notice of violation, the Planning Director shall mail a copy
of such notice, by certified mail, to the owner of such property.
The notice shall specify a time, date and place at which the
owner may present evidence to the Advisory Agency why such notice
should not be recorded. If, after the owner has presented
evidence, it is determined that there has been no violation, the
Planning Director shall file a release of the notice of intention
to record a notice of violation with the County Recorder. If,
after the owner has presented evidence, the Advisory Agency
determines that the property has, in fact, been illegally divided,
or if within sixty (60) days of receipt by the owner of the
involved real property of a copy of the notice of intention to
record a notice of violation, the owner of said real property
fails to inform the Advisory Agency as to why the involved real
property has not been illegally divided, the Advisory Agency
shall record the notice of violation with the County Recorder.
The notice of intention to record a notice of violation and the
notice of violation, when recorded, shall be deemed to be
constructive notice of the violation to all successors in interest
in such property. The County Recorder shall index the names of
the fee owners in the general index.
SECTION 18.4. PROHIBITION
A. No person shall offer to sell, or lease, to contract to sell,
or lease, to sell or lease, or to finance any parcel or
parcels of real property or commence construction of any
building for sale, lease or financing thereof, or allow
occupancy thereof, for which a final subdivision map is re-
quired by this Ordinance, except model homes, until such
map thereof, in full compliance with the provisions of this
Ordinance, has been filed for record by the Recorder.
B. No person shall sell, lease or finance any parcel or parcels
of real property or commence construction of any building
for sale, lease or financing thereon, or allow occupancy
thereof, for which a final parcel map is required by this
Ordinance, except model homes, until such map thereof in
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full compliance with the provisions of this Ordinance has
been filed for record by the Recorder.
C. Conveyances of any part of a division of real property for
which a final subdivision or parcel map is required by this
Ordinance, shall not be made by parcel or block number,
initial or other designation until such map has been filed
for record by the Recorder.
D. This section does not apply to any parcel or parcel of a
division offered for sale, lease, or finance, contracted
for sale, lease or finance, or sold, leased or financed in
compliance with or exempt from this Ordinance at the time
the land division was established.
E. Nothing contained in Subdivisions A and B shall be deemed
to prohibit an offer or contract to sell, lease or finance
real property or to construct improvements thereon where
such sale, lease or financing, or the commencement of such
construction, is expressly conditioned upon the approval
and filing of a final subdivision map or parcel map, as
required under this division.
F. Nothing in this section shall in any way modify or affect
the provisions of Section 11018.2 of the Business and
Professions Code.
SECTION 18.5. PENALTIES
Any person violating any of the provisions of this Ordinance shall
be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not to exceed $500.00 or by
imprisonment in the County jail for a term not exceeding six
months, or by both such fine and imprisonment.
SECTION 18.6. CUMULATIVE REMEDIES
All remedies provided for herein shall be cumulative and not
exclusive. The conviction and punishment of any person hereunder
shall not relieve such person from the responsibility of
correcting prohibited conditions orremoving prohibited buildings,
structures or improvements, nor prevent the enforced correction
or removal thereof.
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ARTICLE XIX
VALIDITY
SECTION 19.1. VALIDITY
This ordinance and the various parts, sections and clauses
thereof are hereby declared to be severable. If any part,
sentence, paragraph, section or clause is adjudged unconsti-
tutional or invalid, the remainder of this ordinance shall
not be affected thereby. The Council hereby declares that
it would have passed this ordinance and each part thereof,
regardless of the fact that one or more parts thereof be
declared unconstitutional or invalid.
MOVED, PASSED AND ADOPTED this 28th of MARCH
1983.
ATTEST:
ITY
AYOR OF THE CITY OF BEAUMONT
CERTIFICATION
I:, Irene Joyce Sweeney, City Clerk of the City of Beaumont DO HEREBY
CERTIFY that the foregoing Ordinance was introduced at a regular
meeting of the City Council of said City held on the 14th day of
March , 1983, and was duly adopted upon second reading on the.
28th day of March , 1983, upon the following roll call vote:
AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson.
NOES: None.
ABSTAIN: None.
ABSE '• None.
CITYCLERK //C IJPY 1 " BEAUMO