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Home My WebLink AboutOrd. No. 1973-529ORDINANCE NO. 529 AN ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING RULES, REGULATIONS AND SPECIFICATIONS TO CONTROL AND REGULATE THE DIVISION OF LAND WITHIN THE CITY OF LAKE ELSINORE AND REPEALING AND AMENDING ALL EXISTING ORDINANCES IN CONFLICT THEREWITH AND . PROVIDING PENALTIES FOR THE VIOLATION THEREOF TABLE OF CONTENTS Section 1 1.1 1.2 1.3 1.4 Section 2 Section 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Section 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 GENERAL PROVISIONS Purpose Authority for Local Regulations Advisory Agency Compliance with Ordinance DEFINITIONS STREET AND LOT LAYOUT REQUIREMENT Conformance with Master Plans and Other Ordinances Streets and Highways Lots Exclusions Legal Access Rights Access to Lots Park and Recreational Facilities Reservations for Public Lands TENTATIVE MAP PROCEDURE General Tentative Map Numbers Map Scale Information Required Statement May Accompany Tentative Map Filing Date Filing Fees Quantity Required Distribution Copies Reports Planning Commission Action City Council Approval Denial of Land Divisions Tentative Map Modifications Revised Tentative Maps Time Extension on Approved Tentative Maps Withdrawal of Tentative Map i Section 5 FINAL MAP PROCEDURE 5.1 General 5.2 Survey Practice and Procedure f 5.3 Boundary Map _ 5.4 Waiver of Parcel Map Requirement 5.5 Preparation Requirements 5.6 Title Sheet 5.7 Taxes and Assessments 5.8 Monuments 5.9 Dedications 5.10 Submittal to City 5.11 Final Map Checking Fees 5.12 Checking 5.13 Final Map Approval 5.14 Time Limit 5.15 Duplicate Original Section 6 IMPROVEMENTS 6.1 General 6.2 Improvement Standards 6.3 Improvement Plans 6.4 Improvement Work 6.5 Easements 6.6 Cost Estimate 6.7 Street Improvements 6.8 Drainage Improvements 6.9 Water Facilities 6.10 Sanitary Sewer Facilities 6.11 Grading Improvements 6.12 Utilities 6.13 Security for Improvements 6.14 Improvement Plan Checking Fees 6.15 Construction Inspection Fees Section 7 MODIFICATIONS, ENDORSEMENT, PENALTIES, AND VALIDITY 7.1 Modifications 7.2 Reference to Other Laws 7.3 Violation of Other.. Laws 7.4 Sales Contrary to Requirements of this Ordinance 7.5 Building Permit Not to Be Issued 7.6 Legal Procedure 7.7 Separate Offenses 7.8 Remedies 7.9 Penalties 7.10 Validity 7.11 Filing 7.12 Amendments 7.13 Effective Date 7.14 Publication ii ORDINANC[: NO. 529 AN ORDINANCE OF THE CITY OF LAKE ELSINORE ESTABLISHING RULES, REGULATIONS AND SPECIFICATIONS TO CONTROL AND REGULATE THE DIVISION OF LAND WITHIN THE CITY OF LAKE ELSINORE AND REPEALING AND AMENDING ( ALL EXISTING ORDINANCES IN CONFLICT THEREWITH AND i, PROVIDING PENALTIES FOR THE VIOLATION THEREOF SECTION 1 - GENERAL PROVISIONS 1.1 PURPOSE The purpose of this chapter, and any rules, regulations and specifications adopted pursuant thereto, is to control and regulate the division of land within the City of Lake Elsinore and such land as may be annexed to said ` City. l 1. 2 AUTHORITY FOR LOCAL REGULATIONS Pursuant to the authority conferred by Chapter 2, Part .2 of Division 4 of the Business and Professions Code of :the State of California referred to herein as the "Subdivision Map Act" and in addition to any other regulations provided by law, the regulatons hereinafter in this Ordinance contained are established herewith and shall apply to all divisions of land hereafter made entirely or partially within the City of Lake Elsinore and to the preparation of maps thereof and for the filing and approval thereof; and this ordinance shall be known as the Land Division Ordinance. 1.3 ADVISORY AGENCY The Planning Commission, as herein defined, is hereby designated as the Advisory Agency, as that term is used in the "Subdivision Map Act, " and is charged with the duty of making investigations and reports on the design and improvements of all proposed divisions of land and is hereby author- ized to report in writing to the City Council on Tentative Maps of land divisi n prepared and filed according to the provisions of this Ordinance and the Subdivision Map Act. The report shall recommend approval, con- ditional approval, or disapproval of the Tentative Map and shall specify the kinds, nature and extent of improvements required to be installed in land divisions. 1.4 COMPLIANCE WITH ORDINANCE It shall be unlawful for any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, as principle, agent or otherwise to sell or offer to sell by contract or otherwise either 1 at present or in the future, any division of land or any part thereof in the City unless and until all of the requirements of this ordinance, and all amendments subsequent thereto, shall have been complied with. *All ordinances or portions thereof regulating land division in the City of Lake Elsinore, including Ordinance Number 366 and all subsequent amendments to each of these ordinances, are hereby repealed and replaced and amended in full, to read as follows: CITY OF LAKE ELSINORE LAND DIVISION ORDINANCE -I_ t� l� I-, I SECTION 2 - DEFINITIONS 2.1 DEFINITIONS IN SUBDIVISION MAP ACT Except as otherwise provided in this article, all terms used in this ordi- nance which are defined in the Subdivision Map Act are used in this ordi- nance as having the same meaning as ascribed hereto in said Subdivision Map Act unless from the context hereof it clearly appears that a different meaning is intended. 2.2 ACCESS RIGHTS "Access Rights" means the right, claim, title or privilege of access, by pedestrians or vehicles to a parcel of land has been granted by a written permanent and recorded easement, dedication or offer of dedication for a public or private street or way. 2.3 ALLEY "Alley" shall mean a public way for pedestrian or vehicle use which affords only a secondary means of access to abutting properties. 2.4 APPROVED "Approved" shall mean approved by the Planning Commission and /or the City Council or by the person or department having jurisdiction on such matters, unless otherwise specified. 2.5 ARTERIAL STREET "Arterial Street" shall mean a divided highway primarily for through traffic to which access from abutting property shall be kept at a minimum. Inter- sections with other streets or highways shall be limited to approximately one quarter mile intervals. 2.6 ARTICLE "Article" means an article of this ordinance unless some other statute or other ordinance is referred to. 2.7 BLOCK "Block" shall mean an area of land within a subdivision which area is en- tirely bounded by streets, highways or ways, except alleys and the exterior boundary or boundaries of the subdivision. 2.8 CITY "City" shall mean the City of Lake Elsinore. 2.9 CITY COUNCIL "City Council" shall mean the City Council of the City of Lake Elsinore. -2- 2. 10 CITY ENGINEH'It "City Engineer" shall mean the Engineer or his representative, as desig- nated by the City Council, to discharge for the City of Lake Elsinore those duties prescribed hereinafter to be performed by the City Engineer. t - 2. 11 CITY STANDARDS "City Standards" refers to Specific and General Plans, Ordinances, Standard Streets and Highway Plans, Standard Streets and Highway specifications, Water Standard Plans, Water Specifications, Sewer Standard Plans, Sewer { Specifications, and all other ordinances, standards, plans and specifications { setting standards of the City of Lake Elsinore as adopted by the City Council. 2.12 COLLECTOR STREET "Collector Street" means a street which is intended to serve extensive residential land use, multiple family dwellings or to convey traffic through a subdivision to roads of equal capacity or greater. ( 2.13 COUNTY (_ "County" shall mean the County of Riverside. 2.14 COUNTY HEALTH OFFICER "County Health Officer" shall mean the Health Officer of Riverside County. 2.15 COUNTY RECORDER -! "County Recorder" shall mean the recorder for Riverside County. 2.16 COUNTY Rveyor "County Surveyor" shall mean the County Surveyor for Riverside County. 2.17 CUL -DE -SAC STREET "Cul -De -Sac Street" shall mean a street having access at only one end and with special construction provided at the other end for adequate turning radius for vehicular traffic. The futher extension of such street is pre- cluded by the subdivision design. 2. 18 DEAD -END STREET "Dead -End Street" shall mean a street having access only at one end and ' with no special construction provided at the other end for turning around of vehicular traffic. The Street may be extended in the future into adjoining property. i i r a:.��', . Ph$+rh may. au. "yyw, 4+_ �, �°�'�'3�i Y'.r�'%_.^^.aca•'. 2. W I)EPAIt'1'MENT OF TRANSPORTATION "Department of Transportation" shall mean the Department of Transpor- tation of the State of California. 2.20 DIRECTOR OF PLANNING "Director of Planning" or "Planning Director" shall mean the person as designated by the City Council, to discharge for the City of Lake Elsinore these duties prescribed hereinafter to be performed by the Planning Director as authorized by Chapter 3, Title 7 of the Government Code, Statutes of the State of California. 2. 21 DIVISION OF LAND OR LAND DIVISION "Division of Land" means any real property, improved or unimproved, or portion thereof, which is divided for the purpose of sale, lease, gift or financing, or the conveyance of undivided interest coupled with the right of exclusive occupancy, whether immediate or future. The combined meaning of "Subdivisions" and "Minor Land Divisions ", as herein defined, The Division of Land does not include: 1) The financing or leasing of apartments, offices, stores, or similiar space within an apartment building, industrial building, commercial building or mobile home park. 2) Agricultural, gas, oil or mineral leases. - 3) Land dedicated for cemetery purposes under the California Health and Safety Code. 4) The division of land caused by the aquisition of a. property interest by a public entity or governmental agency. 5) The division of land caused by the aquisition of a property interest by a public utility for operating public utility purposes, or.the conveyance of land by a public utility to a continuous ownership. 6) The division of land solely for the purpose of increasing the site of an adjacent building lot or site. 7) The division of land with each new lot created having a gross area of 60 acres or more. 2.22 DOUBLE FRONTAGE "Double Frontage" shall mean a lot having frontage on two parallel or nearly parallel streets. we C rt .x w:z x ; b ., : '�'n• ''ll �.. ., : ,, ,,;tw» ', ai•. b�,. '= c.`A" r.- ,�,G_ -.. 2.23 EXPRESSWAY "Expressway" shall mean a divided 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. 2.24 FINAL MAP "Final Map" shall mean a map showing the division of land for either a "Subdivision" or a "Minor Land Division" and is prepared in accordance with the provisions of the "Subdivision Land Act' of the State of California I and with the provisions of this Ordinance, which map is designed to be filed in the office of the County Recorder. 2. 25 FLOOD CONTROL WORK "Flood Control Work" or drainage work shall include all means of conveying or storing storm waters, including natural watercourses, improved drain- age channels, retarding basins, closed conduits or pipes, and authorized or existing flood control channels. 2.26 FLOOD HAZARD "Flood Hazard' means a substantial possibility of damage to life or pro- perty by overflow water, ponded water, or other water on the surface of the land or by debris or silt carried in such water. 2.27 FREEWAY "Freeway" means a highway upon which the abutter's right of access is controlled, and which provides separated grades at intersecting streets and is designated as a 'Freeway" by the California State Department of Transportation or other Governmental Agency. 2.28 FRONTAGE ROAD "Frontage Road" - See "Service Road." 2.29 GENERAL PLAN "General Plan" means a General or Master Plan, or any element thereof, adopted by the City, and as defined in the Conservation and Planning Law, Article 7, of Chapter 3, of Title 7, of the Government Code, State of California. 2.30 HIGHWAY "Highway" - See "Street. " 5 r - ...�.y wvi ..T.. rrt •'•v a... -4 .. =a hrT —'i- 2.31 IMPROVEMENTS "Improvements" shall mean all street work, equestrian trails, water sys- tem work, sewer system work, flood control and drainage works, street light installations, utility installations, and other required works as —, specified in the Conditions of Approval of the tentative map as a require- ment for the land divider to construct or install as a condition precedent to the acceptance of the Final Map thereof. $2.32 INDUSTRIAL STREET "Industrial Street" shall mean a street primarily intended for pedestrian i or vehicular access to abutting properties used for industrial purposes. 2.33 INUNDATION. "Inundation" means ponded water or water in motion of sufficient depth to damage life or property or to deposition of silt or debris. 2.34 LAND DIVIDER "Land Divider" shall mean a person who causes the division of land. 2.35 LIMITED VEHICULAR ACCESS { "Limited Vehicular Access" means the owners or occupants of abutting lands to a public way, other than as pedestrians or equestrians, have access i only at specifically designated points. I 2.36 LOCAL STREET "Local Street". shall mean a street irtended wholly or principally, for traffic originating or terminating at residential properties within the immediate vicinity of said street. 2.37 LOT "Lot" shall mean a parcel of real property with a separate and distinct number or other designation shown on a final map or parcel map which is filed in the office of the County Recorder and which has access to at least one street. 3.38 MAJOR STREET "Major Street" shall mean a street intended for the movement of major volumes of traffic through the City or serving to collect traffic from two or more intersecting secondary streets. Access from abutting properties shall be kept at a minimum and intersections with other streets shall be Ilmited to approximately one - eighth mile intervals. 11 2.39 MASTER PLAN "Master Plan" See "General Plan." 2.40 MAY "May" is permissive. 2.41 MINOR LAND DIVISION "Minor Land Division" means a "Division of Land" which is divided under the following conditions: 1) Any parcel or parcels of land which are divided into four or less parcels which creates any parcel under 60 acres in area.' Any conveyance of land to a governmental agency, public entity, or public utility, shall not be considered a division of land for the purpose of computing the number of parcels. 2) The whole parcel before division contains less than five acres, each parcel created by the division abuts upon a public street or highway and no dedication or improvements are required. 3) Any parcel or parcels divided into lots or parcels, each having a gross area of 20 acres or more, and each of which has an approved access to a maintained public street or highway. 4) Any parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the Planning Commission as to street alignment and widths. 5) Any parcel or parcels of land divided into lots or parcels, each having a gross area of not less than 40 acres, or quarter - quarter section, and not larger than 60.acres. 2.42 NET AREA Net area excludes dedications and easements for access of ingress or egress from property or for easements for street or pedestrian purposes irrespec- tive whether easements are public or private. 2.43 NON - ACCESS The term "Non- Access" labeled on a recorded map means that access rights have been relinquished by appropriate dedication certificate on the final map. 2.44 NON - VEHICULAR ACCESS The term "Non- Vehicular Access" labeled on a recorded map means that vehicular access rights have been relinquished by appropriate dedication certificate on the final map. 7 _ ; - , - 4� . 2.45 PARCEL OF LAND "Parcel of Land" means a contiguous quantity of land or real property in the possession of, or owned by, or recorded as the property of the same claimant or person. 2.46 PARCEL MAP The term "Parcel Map" shall mean a map showing the division of land for a "Minor Land Division" and is prepared in accordance with the pro- visions of the "Subdivision Map Act" and with the provisions of this Ordi- nance and which map is designated to be filed in the - office of the County Recorder. 2.47 PARKWAY "Parkway" means that property within a street that lies between the portion reserved for vehicular traffic and the right -of -way line. 2.48 PART -WIDTH STREET "Part -Width Street" means any street the improved width of which is less than the width necessary for a normal full width street as required by the City standards. 2.49 PERSON "Person" means any individual, firm, copartnership, joint venture, associa- tion club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. 2.50 PLANNING COMMISSION "Planning Commission" shall mean the Planning Commission of the City of Lake Elsinore. 2.51 PRIVATE STREET "Private Street" shall mean any parcel of land not dedicated as a public street, but used or intended to be used for the exclusive use of a limited and specified number of people for ingress or egress from, a lot or lots which may or may not have frontage on a public street. Access to the private street by the public may be controlled by the land division design, posting, or gating. 2.52 PUBLIC WAY "Public Way" includes street, highway, avenue, boulevard, parkway, road, lane, walk, alley, channel, viaduct, subway, tunnel, bridge, public ease- ment, public right -of -way, and other ways in which the right -of -way has dedicated or deed to a public agency for such purpose. 0 2.53 RIGHT -OF -WAY "Right -of -Way" shall mean the entire width of property of a "Public Way ". 2.54 SECONDARY STREET "Secondary Street" shall mean a street for the movement of large volumes of traffic through the City or serving to collect traffic from two or more intersecting collector streets. 2.55 SECTION "Section" means a section of this Ordinance, unless some statute or other ordinance is referred to. 2.56 SERVICE' ROAD "Frontage Road" or "Service Road" means a local street which is parallel to and adjacent to freeways, expressways, arterial highways, major high- ways, and secondary highways and which provides access to abutting pro- perties. 2.57 SHALL "Shall" is mandatory. 2.58 SINGULAR - PLURAL "Singular - Plural" Words used in the singular number include the plural and words used in the plural number include the singular. 2.59 SPECIFIC PLAN "Specific Plan" means a specific plan, or any element thereof, adopted by the City, as defined in the Conservation and Planning Act, Article 10, Chapter 3, Title 7, of the Government Code, State of California. 2.60 STREET "Street" shall mean a public or private way which is intended for the primary use of vehicular and pedestrian traffic. 2.61 SUBDIVIDER "Subdivider" shall mean a person who causes the division of land for a subdivision. 2.62 SUBDIVISION "Subdivision" means a "Division of Land" which does not qualify as a "Minor Land Division ". E' 2.63 SUBDIVISION MAP ACT "Subdivision Map Act" shall mean the Subdivision Map Act as set forth in Chapter 2, Part 2 of Division 4 of the Business and Professional Code of the State of California. 2.64 TENTATIVE MAP "Tentative Map" shall mean a map prepared in accordance with the pro- visions of the "Subdivision Map Act" of the State of California and with provisions of this ordinance for the purpose of showing the design of a proposed division of land, the existing conditions in and around it, and it need not be based upon a detailed final survey of the property. 2.65 TRACT MAP "Tract Map" shall mean a map showing the division of land for a "Subdivision" and is prepared in accordance with the provisions of the "Subdivision Map Act" and with the provisions of this ordinance and which map is designated to be placed on record in the office of the County Recorder. ( 2.66 VEHICULAR ACCESS RIGHTS "Vehicular Access Rights" means the right, easement or access of the owners or occupants of abutting lands to a public way other than as pedestrians. j 2.67 WALKWAY l "Walkway" shall mean a passageway intended for pedestrian use only. 2.68 WATERCOURSE "Watercourse" means any natural or man-made channel where water is concentrated and /or collected from a tributary drainage area. 2.69 ZONING ORDINANCE - "Zoning Ordinance" shall mean the ordinance, as adopted by the City of Lake Elsinore, and all subsequent amendments thereto, establishing land { classifications and regulating the use of property therein, defining the terms used in said Ordinance, providing for the adjustment, enforcement and amendment thereto and prescribing penalties for its violation. 10 � _ �, .. �. . .. �.� - .. .. .. .. .r ._ .; , SECTION 3 - STREET AND LOT LAYOUT REQUIREMENTS 3.1 CONFORMANCE WITH GENERAL PLANS AND OTHER ORDINANCES A division of land shall conform to the requirements of the adopted General Plan or element thereof, the Zoning Ordinance, the Master Plan of Streets and Highways, the Master Plan of Drainage, and all other Master or Spe- cific Plans or other applicable City Plans or Ordinances adopted by the City. 3.2 STREETS AND HIGHWAYS A. GENERAL The widths, alignments, and geometric designs of streets and high- ways shall conform to the City Standards and to the following requirements: ( 1. All streets, as far as practicable, shall relate to the alignment of the existing adjacent streets or their proper projection and in general conformity with the master plan for the City. f 2. The proposed street plan shall give consideration to the future division of adjoining and undivided property. l 3. All streets shall be designed to serve the proposed use of the abutting land. { 4. On part -width boundary streets the required right -of -way shall I not be less than 40 feet. _ j 5. Additional right -cf -way or easements shall be provided where necessary to accommodate roadway slopes and drainage facil- ities. i B. SPECIAL STREET DESIGN 1. Design of streets shall make provisions for railroads, parkways, expressways, grade separations, flood control channels, pre- vailing geological conditions, local drainage facilities and hill - side property. 2. A cul -de -sac street shall not exceed 600 feet in length unless other- wise approved by the City Council. 3. A dead -end street shall not exceed 600 feet in length unless other- wise approved by the City Council. 4. The City Council may require greater street widths and improve- ments than standard on streets serving multiple residential, commercial or industrial land divisions i 11 5. Each street intended to be extended into adjoining property shall be terminated by a one -foot parcel of land extending across the end of the street and, in the case of a part width street, a one -foot parcel of land shall extend along the entire side of the street. Said parcels shall be designated alphabetically as a lot, labeled as a future street and offered for dedication by appropriate certificate on the tract map or by separate instrument for a minor land division. The offer of dedication of said future street shall include a restriction against the use of same for access purposes until such time as it is accepted as a public street. C. PRIVATE STREETS Private streets may be used for only those streets serving property within the land division and which access by the public is controlled by the land division design and by either posting or gating. Private streets may be used with the approval and consent of the City Council when the City Council finds that: 1. There are adequate provisions for their construction and con - tinued maintenance, and 2. The welfare of the occupants of the development will be ade- quately served, and 3. The public welfare will not be impaired. D. STREET GRADES 1. The grades of highways, streets and alleys shall be not less than 0.4% and not greater than 15 %. The desirable grades are between 0. 510 and 676. Grades of less than 0.4% and greater than 1510 may be approved only when conclusive evi- dence shows that a lesser or steeper grade respectively is impractical. The high cost of excavating and /or importing borrow fill material thereby, making the development of a particular parcel of ground uneconomical, shall not be con - sidered as conclusive evidence nor valid justification for a departure from the established minimum or maximum grade. E. STREET ALIGNMENT 1. Curves in streets shall have as large a centerline radius as practical. The desirable minimum centerline radius for residential streets is 500 feet. The minimum centerline radius for residential streets within comparatively level terrain shall be 350 feet and within steep hillside terrain shall be 150 feet. 2. The minimum centerline radius for other types of streets shall be compatible with the street classification and anticipated usage. 12 J P INTLRSLCTIONS 1. All street intersections shall be as near right angles as possible with a minimum angle of 75%. 2. Street -to- street centerline offset of less than 250 feet shall not be permitted, except in special design cases, offsets of less than 5 feet may be used if approved by the City Engineer. 3. A minimum curb return radius of 25 feet shall be provided at intersecting streets designated as collector streets or a. lesser standard. A minimum curb return radius of 25 feet shall be provided when one or both of the intersecting streets is designated as a secondary highway or greater. 4. The property line return radius shall be so set as to maintain . a uniform parkway width or provide a uniform transition into the intersecting parkway. The property line radius shall be designed so as not to reduce the parkway width below the City Standard. 5. Frontage road connections providing access to a major or arterial highway shall incorporate a bulb or knuckle connection in conformance to City Standards. 6. Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet. G. ALLEYS __.:.: . _. -. 1. Alleys shall be required in the rear of all lots used or intended to be used for business, commercial, or industrial use, unless adequate off street parking areas and service loading and un- loading areas to serve such properties are securely reserved for such use and are shown upon the map and approved by the City Council in the manner herein provided. 2. Alleys shall be required in the rear of all lots fronting directly on a street designated as a major street or greater unless determined through site plan review procedure that the require- ment for the alleys does not exist. 3. The minimum width for alleys shall be 25 feet. 4. Where two alleys intersect, a triangular corner cut -off of not less than 15 feet along each alley line shall be provided. 5. Where a dead -end alley is proposed, an adequate turning area shall be provided to accommodate a truck having a 35 foot turning radius. It shall be such that said truck shall be able to turn 13 around with only one hacking movement. This turn -a -round shall be eliminated only under the circumstances of a previously adopted specific plan providing for the alley extension. H. PEDESTRIAN WAYS - Pedestrian ways and pedestrian bridges shall be required when it is determined by the City Council that they are necessary for access to schools, recreation, or other public areas, or deemed necessary for the public safety and convenience. 1. Pedestrian ways shall be improved with block walls, concrete sidewalks, bridges, or as directed by the City Council. 2. Pedestrian ways shall be dedicated as an easement to the City ( and shall not be less than 8 feet in width. Said easement `- shall be in such form as to be available for pedestrian or utility installation use. 3. Easements dedicated for pedestrian use shall not be used for drainage purposes. 3.3 LOTS I_ A. GENERAL 1 All lots created in a division of land shall conform to the minimum requirements of the Zoning Ordinance and the Master Plan as adopted by the City for the particular zoning, use, and classification in which the development is being constructed. i f B.. LOT. SIZE 1. All lots shall meet the area, frontage, width, depth, and building setback requirements of the zone within which said lots are . j located; provided, however, that in its consideration of any land division, the City Council may determine that a greater than minimum lot size is necessary: r a. For the proper protection of the public health, safety and general welfare. b. Be consistent with the general pattern established in the vicinity; or C. Maintain the value of property in the vicinity. 2. When lots or parcels twice or more the required area or width are shown on a division of land the City Council may require such lots or parcels to be so established as to make practical a further division into allowable building sites, without injury to adjoining property. I_ i i f 14 i I , 3. Lot sizes and arrangement shall be compatible with lots in the surrounding area. C. LOT SIDE LINES 1. Side lines of lots shall be at approximately right angles to the street lines, except where terrain or steet design makes such lot lines impractical. 2. Whenever practicable, side and rear lot lines shall be located along the top of slopes instead of at the toe or at intermediate locations. D. LOT FRONTAGE 1. All lots shall have frontage upon a public or private street which shall be open to and usable by vehicular traffic; and all lots shall have a minimum 20 foot wide direct vehicular access to such street. 2. Double frontage lots shall be avoided, except where essential to provide separation of residential development from traffic arteries, or where required by unusual or excessive topogra- phic conditions. When double frontage lots are permitted, access rights shall be dedicated to the City along the street designated by the City Council E. LOTS ABUTTING RIGHTS -OF -WAY Wherever practicable, 'subdivisions of property abutting rights -of- way for freeways, expressways, railroads, transmission lines, and flood control channels shall be so designed as to create lots which back up to said rights -of -way. F. DIVISION OF JURISDICTION No lot shall be divided by a city, county, school district, or other taxing agency boundary line. H. BLOCKS 1. Blocks shall not be less than 250 feet in length. 2. Blocks shall not be over 2700 feet in length, except along major highways, or where topographical conditions or previous highway or street layouts require a different length. 3. The City Council shall require the installation of pedestrian ways in blocks over 1, 200 feet in length. 3.4 EXCLUSIONS No portion of any property shown on the latest equalized County assessment roll as a unit or contiguous units shall be excluded from within the bound- 15 acies of a land division or division of land for the purpose of avoiding dedication or improvement of any nature. Any portion of the property shown on the latest equalized County assessment roll as a unit or as contiguous units but not included within the boundaries of a land division shall be of such size or shape as to conform to the provisions of this Ordinance, the Zoning Ordinance, the General Plan of the City, or any adopted specific plan. 3.5 LEGAL ACCESS RIGHTS No final map of division of land, which creates any parcels under 40 acres, shall be recorded, unless legal access rights are provided from the division of land to a City, County, State, or Federally maintained road. 3.6 ACCESS TO LOTS The design of a land division shall provide for vehicular access to all lots. The layout of the land division shall be such that blocks of 21 or more lots shall have access by two or more streets. Street layout having only one access to a large group of lots shall be cause for disapproval. Excep- tion: The City Council may approve such a layout on a final map if there is a specific plan at the time of said final map, providing for a future street extension that will permit a second street for access. 3.7 PARK AND RECREATIONAL FACILITIES The land divider shall either dedicate land or pay a fee in lieu thereof, or a combination of the two, at the option of the City, for park or recre- ationalOrdinance. 3.8 RESERVATIONS FOR PUBLIC LANDS The City Council reserve the right to set aside portions of a'propo.sed land division for public schools and other public building sites, other than Park and Recreational facilities, that will be required for the use of the population which is intended to occupy the land division under the plan of proposed property uses therein and for the general public. The land divider shall be reimbursed for the net area of the parcel on a basis of raw land value plus the proportional cost of the improvements by the i appropriate agency requiring such reservation of land. 16 ..I , _. F SUCTION 4 - THNTl1TIV1, 1AAL) I'ROCE1)(11W 4.1 GENERAL Before making any division of land, as herein defined, or real property located in the City a tentative map shall be prepared in accordance with the Subdivision Map Act and this Ordinance. Final survey of streets and lots within the division of land shall not be made nor shall any grading or construction work be done before the tentative map and improvement plans for such work have been approved as required by this Ordinance. 4.2 TENTATIVE MAP NUMBERS A. SUBDIVISIONS The tentative tract number shall be obtained from the county sur- veyor's office and shall be shown on the tentative map when submitted to the City. All fees to be paid and required procedures to be followed in obtaining the numbers shall be in accordance with the provisions of the Riverside County Land Division Ordinance. B. MINOR LAND DIVISIONS The tentative map number for a minor land division shall be assigned by the Planning Director at the time the tentative map is submitted to the City. 4.3 MAP SCALE Each tentative map shall be drawn to an engineer's scale, and clearly show the details of the plan thereon. Wherever practicable, such scale shall be one inch to 100 feet or less, and in no case shall the scale be more than one inch to 200 feet. 4.4 INFORMATION REQUIRED The following information shall be delineated on the tentative map except those items as may be determined by the Planning Director as not being pertinent to a particular division of land. A. SUBDIVISIONS 1. The Tract Number. 2. Sufficient legal description of the land included on the map to define the boundaries of the tentative map. 3. The name, address, and telephone number of the record owner together with his affidavits consenting to the filing of the tenta- tive map. 4. The name, address, and telephone number of the subdivider together with his affidavits giving his approval of the tenta- tive map as submitted. 17 I I 5. The name, address, and telephone number of the person who prepared the map. 6. North point, scale, date, and boundary line of the division of land, 7. Locations, names or other designations, widths, approximate centerline curve radius, and approximate grades of all highways, streets, alleys, and pedestrian ways in the proposed land division . and also those that are existing and adjoining the proposed land division. 8. The width and approximate locations of all existing, or proposed easements for railroads, flood control channels, public utilities, or other easements or rights -of -way. 9. The names, addresses, and phone numbers of the public utility companies proposing to serve the land division. 10. The lot or parcel layout, the approximate dimensions of each lot or parcel, and a number for each lot or parcel, 11. The approximate location of all areas subject to flood waters, overflow, or inundation, and the location, width, and direction of flow of all water courses. 12. The location and outline, to scale, of each building, utility pole, or other structure above ground, noting thereon whether same is to be removed from or is to remain in the develop- ment of the division of land. If the structure is to remain and is within 15 feet of a lot or parcel line, such distance is to be shown on the map, 13. A general location map of the area to be divided, showing its relation to adjacent subdivisions, existing main thoroughfares, and other pertinent information. 14. Approximate acreage and the total number of numbered lots or parcels contained within the division of land. 15. Existing use of the property and of the adjoining property immediately surrounding the land division. 16. Existing zoning and proposed zoning. 17. Type of development proposed on the division of land. I£ the property is proposed to be used for more than one purpose, the area, lot, or lots proposed for each type of use, 18. Proposed method of sewage disposal. A percolation test may be required if proposed sewage disposal involves percolation into the ground. 1.9. Locations of all streets, easements, pedestrian ways, and other lands, whether for public or private purposes, to be S dedicated or offered for dedication. m 20. Location of lands intended to be dedicated for park purposes and /or statement as to whether fees are proposed to be paid in lieu therefor. 21 The location of existing wells, water lines, cesspools, sewers, culverts, drain pipes, underground structures, or sand, gravel, or other excavations within the land division and within 200 feet of any portion of the subdivision noting thereon whether or not they are to be abandoned, removed or used. 22. The contour of the land at intervals of not more than 2 feet . if the general slope of the land is less than 10 percent or of not more than 5 feet if the general slope of land is more than 10 percent. All elevations shall be based on U. S. G. S. datum, { or other datum acceptable to the City Engineer. Copies of U.S.G.S. maps are not acceptable. f 23. Type of improvements including but not limited to streets, drainage, water, sewer, grading, utilities, pedestrians ways, street lights, and tree planting which are proposed to be installed and of the time at which such improvements are proposed to be completed. 24. If the water is not to be supplied by the City, the source, ( name of supplier, quality, and an estimate of available quantity of water and, if to be served by an established mutual water company or an established public utility, a Letter shall be ' furnished to indicate that satisfactory arrangeements have been made or can be made for water supply. 25. The drainage areas tributary to the land division and the proposed I. method of handling the drainage. 26. Copy of proposed protective covenants which are to be recorded. 27. If private streets are proposed, the method by which their main- tenance will be accomplished and financed. 28. Proposed generalized grading to show proposed cut and fill slopes. 'j 29. Location of all trees within the division of land having a diameter of 4 inches and larger. 30. The tentative map for a Subdivision shall be prepared by a registered civil engineer or licensed land surveyor. B. MINOR LAND DIVISIONS The i information as required for item Nos. 1 thru 20 as designated 19 to be shown on the tentative noel) for ,subdivisions shall he shown on the tentative map for minor Lind divisions except that the map need not be prepared by a registered engineer of a licensed surveyor. C. ADDITIONAL INFORMATION The City Council may require additional information on the tenta- tive map which it determines is necessary to properly consider the proposed land division. 4.5 STATEMENT MAY ACCOMPANY TENTATIVE MAP If the material listed in the preceding section cannot all be placed on the tentative map, then a report containing the material shall be submitted with the map. 4.6 FINAL DATE The date of filing a tentative map shall be fixed as the .date on which all maps and information required by the Subdivision Map Act and this Ordinance have been filed and accepted by the Planning Director and the required fees paid. 4.7 FILING FEES A fee for the examination of the tentative map shall be paid at the time of its filing to be deposited into the General Fund. The fee shall be in an amount as shown on a schedule established by resolution of the City Council and shall be non refundable. 4.8 QUANTITY REQUIRED The land divider shall ascertain from the Planning Director the number of copies of the tentative map that is required to be submitted for processing and shall provide same. 4.9 DISTRIBUTION OF COPIES When a tentative map has been properly filed and the land divider has fur- nished the required number of copies and paid the required fee, the Planning Director shall determine which of the following listed agencies will be affected by the proposed land division and forward to each 2 copies of the tentative map with a request that they report their recommendations in writing within 20 days to the Planning Commission: 1. City Manager 2. Planning Commission 3. City Engineer 4. Fire Department 5. Water Department 20 i l' i 1 i 6. Parks and Recreation District 7. California Division of Parks and Recreation 8. County Planning Commission 9. County Surveyor 10. County Flood Control and Water Conservation District 11. County Health Officer 12. School District in which the Proposed Division of land is located 13. California. Department of Transportation 14. California Division of Real Estate 15. Santa Ana or San Diego Regional Water Quality Control Board 16. Elsinore Valley Municipal Water District 17. Elsinore Water District 18. Southern California Gas Company 19. Southern California Edison Company 20. General Telephone Company 21. Any other Municipality, Public Agency, or Officer entitled thereto or having an interest in the proposed division of land. 4.10 REPORTS 'Upon receipt of a copy of a tentative map, each officer, department, municipality, district, or agency to whom the same has been transmitted may examine such map to ascertain if the land division proposed thereon conforms to the requirements coming within the authoritative scope of such department, and within 20 days after the receipt thereof make a written report to the Planning Commission. If the department to whom the map is referred does not report on such tentative map within the allotted time, the Planning Commission shall deem this to imply approval of the map without recommendations or conditions unless requested by the department for an additional 10 -day period. 4.11 PLANNING COMMISSION ACTION At its regular meeting within 50 days after the date of filing, the Planning Commission shall act on the tentative map and shall eitaer recommend approval., recommend conditional approval, or recommend denial. 21 J,1 I An official copy of the Planning Commission's action shall be filed with the City Council and a copy shall be transmitted to the land divider. The time limit for acting and reporting on a tentative map may be extended upon mutual consent of the land divider and the Planning Commission. 4,12 CITY COUNCIL APPROVAL As its next succeeding regular meeting, after receipt of the Planning Commission Action, the City Council shall act on the tentative map and shall either approve, conditionally approve, or disapprove it. An official copy of the City council's action shall be filed with the Tenta- tive Map and shall be reported directly to the land divider and to the Real Estate Commission of the State of California. The time limit for acting and reporting on a Tentative Map may be ex- tended upon mutual consent of the land divider and the City Council. 4.13 DENIAL OF LAND DIVISIONS A land division 'shall be denied by the City Council if it does not meet all of the requirements of this Ordinance or if the City Council makes any of the following findings: 1. That the proposed division of land is not consistent with applicable general and specific plans. 2. That the design or improvement of the proposed division of land is not consistent with applicable general and specific plans. 3. That the site of the proposed division of land is not physically suitable for the proposed density of the development. 4. That the site of the proposed division of land is not physically suitable for the proposed density of the development. 5. That the design of the proposed division of land or the proposed improvements are likely to cause substantial ea-vironmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the proposed division of land or the type of improvements are likely to cause serious public health problems. 7. That the design of the proposed division of land 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 division of land. The City Council may approve a division of land if it finds that alternate easements for access or for use, will be provided, and that they will be subsequently equivalent to ones previously acquired by the public. This sub- section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. 22 4.14 TENTATIVE NIAP MODIFICA'T'IONS When modifications in the tentative design are conditions of approval of a tentative map, the City Council may require the land divider to submit, prior to the submission of the final map, copies of the tentative map {2 as modified, to the City Council for approval. 4.15 REVISED TENTATIVE MAPS Any revised tentative map or portion thereof shall comply with the require - ments in effect at the time such revised map is considered by the City Council. Such revised tentative map or portion thereof shall show all the information and requirements of this Ordinance insofar as any changes that may have been made on the map. The approval or conditional approval by the City Council of any revised tentative map shall not be construed as extending the time within which the final map shall be filed unless such time extension is specifically granted by the City Council. { 4.16 TIME EXTENSION ON APPROVED TENTATIVE MAPS A. Subdivision TF—eapproval of a tentative subdivision map shall expire after 18 months, unless within that period of time a final map shall have been filed with the County Recorder, or the land divider shall have applied in writing to the City Council to extend the time. The City Council may on such application extend the period for one year, and on further application before expiration thereof, may further extend it for a second year. B. Minor Land Division The approval o a entative Minor Land Division map shalt expire after one year, unless within that period of time a final map shall have been filed with the County Recorder, or the land divider shall have applied in writing to the City Council to extend the time. The City Council may on such application extend the period for one year.. C. Conformance with Latest Requirements The City Council may require that the land division conform to the applicable latest requirements in effect at the time an extension is granted. D. Application Tie a%in wider shall make written application to the City Council for extension of a tentative map not less than 30 days prior to the expiration date thereof. 4.17 WITHDRAWAL OF TENTATIVE MAP Any subdivider or record owner of property, upon which a tentative map has been filed, may withdraw such map at any time prior to the recordation thereof. Notice of such withdrawal shall be made in writing to the City Council. No refund in filing fees for any such map withdrawn shall be made. 23 I [ n A SE CTIOP! 5 lX ! G 1 A b All 1 „ FINAL MAP [ n SE CTIOP! 5 lX ! G 1 A b All 1 „ FINAL MAP � t t { i j i -. i I t SECTION 5 - FINAL MAP PROCEDURE 5.1 GENERAL After approval of a tentative map by the City Council and prior to the expiration of the approved tentative map or any approved extension of time as provided by this ordinance, the land divider shall cause a final map to be prepared by a registered civil engineer or a licensed land sur- veyor in accordance with a complete survey of the division of land and in substantial compliance with the approved tentative map and the conditions of approval thereof, and with the provisions of the Subdivision Map Act and this ordinance. 5.2 SURVEY PRACTICE AND PROCEDURE. The practice and procedure for all survey work done for the preparation of a final map of a land division shall conform to the accepted standards of the surveying and engineering profession. The allowable error of closure on any portion of a final map shall be 1: 10, 000. Wherever the City has established the centerline of a street, alley, or way, 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. 5.3 BOUNDARY MAP 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 City Engineer of a boundary map showing the following information: 1. A boundary survey of the subdivision, including all courses and distances necessary to compute a closure. A copy of the boundary traverse calculations shall also be furnished. 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 and records. 3. The administration of this section shall be by policy of the City Engineer. 5.4 WAIVER OF PARCEL MAP The preparation of a parcel map, for a minor land division which creates 4 or less new parcels or which creates parcels with each having a gross area of not less than 40 acres, may be waived under the following conditions: 1, The City Council determines that the minor land division complies with requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary 24 I { disposal facilities, water supply availability, environmental Pro- f tection, and other requirement of this Ordinance and the Subdivision ( Map Act. - j 2. The City Engineer determines that sufficient survey information exists on filed maps to adequately locate and retrace the exterior boundary lines of the Minor Land Division without unreasonable difficulty. i Any request for waiver of a parcel map shall be made by the land j divider at the time of filing of the tentative map. { 5.5 PREPARATION REQUIREMENTS The final map shall be prepared in accordance with the following require {! ments and shall contain the following information: 1. The final map shall be clearly and legibly drawn with black } waterproof India ink, or reproduced by a process guaranteeing a permanent record in black on tracing cloth, or polyester base film including affidavits, certificates and acknowledgements. ! 2. The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch. ti 3. The scale of the map shall be large enough to show all details clearly but in no case at an engineer's scale where one inch equals "i more than 200 feet, unless otherwise approved by the City Engineer. One sheet or as many sheets as are necessary to accomplish this shall be used. 4. If two or more map sheets are used, an index map showing the entire land division shall be prepared. The index map, shall show the general plan of the land division and the portions thereof shown on each sheet and shall be drawn to a scale of one inch equals 200 feet or to a scale as approved by the City Engineer. 5. Each sheet shall be numbered, the relation to the other sheets clearly shown, and the number of sheets used shall be set forth on each sheet. 6. The north point and scale shall be shown on each sheet of the 1 final map. Each such sheet and the lettering thereon shall be so oriented that with the north point directed away from the reader, "! the map may be read most conveniently from the bottom or lower right corner of such sheet. 7. Each sheet shall bear the final tract or parcel map number by the County Surveyor which shall be followed by a subtitle con - sisting of a general description of all the property being divided. 25 8. Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously marked under the number, "The Purpose of This Map is a Reversion to Acreage of 9. A statement labeled "Map Notes" shall be shown on the title sheet and the first map sheet of the final map. Such statement shall include the basis of bearings, description of the monuments found, a description of the monuments set, a key to symbols and abbrevi- ations, name of engineer, and date, that prepared preliminary soils report, and such other information deemed by the City Engineer to be necessary. 10. A tract name shall not be shown on the final map. 11. The boundary line of a land division shall be indicated by a border of light blue ink approximately one - eighth of an inch wide applied at the reverse side of the tracing and inside such boundary lines. Such ink shall be of such density as to transfer to a blue line print of such map and not to obliterate any line, figures, or other data appearing on such map. The border of the map shall be shown along the centerline of any street or highway adjacent to the land division. 12. Dates of survey and preparation of map. 13. Locations and names, without abbreviations, of all proposed streets and alleys; proposed public areas and easements; and all existing adjoining streets. Streets shown on the final map shall be named as approved by the Planning Director. 14. The final map shall show the centerline of each highway, street, easement or pedestrian the total width thereof, the width on each side of the centerline thereof, the width of existing dedication, and for a subdivision, the widths of that portion to be dedicated. The widths of rights -of -way of railroads, flood control or drainage channels and other easements within or adjacent to the land division shall also be shown. On each centerline and sideline, the bearing and length of each tangent, or the radius, central angle, and length of each curve shall be shown. Where only a part -width of a street is being shown or dedicated, the centerline shall be shown correctly related to the full future width of the street and shall be so marked. 15. The bearing and length of each lot line, block line and boundary line shall be shown on the final map. Each required bearing and distance shall be shown in full and ditto marks or other designation of repetitions shall not be used. 16. The final map shall show the length, radius, and total central angle for each curve and the length, and central angle of each segment within each lot. The bearing of each radial line to each curve shall also be shown. W P 17. The final map shall show the width and centerline or sideline data for all easements to which the land division is subject. Distances and bearings on the lot lines which are cut by an ease- ment shall be so shown as to indicate clearly the actual lengths of the lot lines and that portion of the easement which is within each lot. Easements shall be shown on the final map by broken lines. Each easement shall be clearly labeled and identified, and proper reference to the recording data shall be shown. Any easements which are not definitely located of record shall be so indicated by a statement on the final map. In the case of a subdivision, the statement shall appear in the "Signature Omissions" on the Title Sheet of the tract map. Any easement being dedicated in ' a subdivision shall be so stipulated in the Owner's Certificate on the Title Sheet. 1 18. Lots shall be numbered consecutively, commencing with the number g "1" with no omissions or duplications. Each lot shall be shown in its entirety on one sheet. 19. Lots containing one acre or more shall show net area to the nearest 0. 01 acre. Lots less than an acre shall show net area in square feet to the nearest square foot. 21. If any portion of land within the boundaries shown on any final map is subject to a dangerous condition as determined by the City Engineer by reasons of geological conditions, unstable subsurface conditions, ground -water or seepage conditions, flood hazard, inundation or any other dangerous conditions, such fact and an identification of the affected portion shall be clearly shown on such final map by a prominent note on each sheet whereon any such condition exists. 22. All monuments, stakes or other evidence as were found in the ground shall be clearly shown on the final map together with suffi- cient corners of adjoining land divisions by lot and tract number and place of record, or by section, township and range or other proper legal description as may be necessary to locate precisely the limits of the land division. References used and bearings and distances shown, unless otherwise indicated, shall be prima facie evidence that same references, bearings, and distances were actually used and measured. 23. The precise position and character of each monument set or that will be set subsequent to the recordation of the final map shall be shown on the final map together with the approximate elevation of each such monument with respect to the surface of the ground. 24. Any city or county boundary line adjoining the land division shall be designated on the final map. 27 .r„_�, a— .�.._?� _. —��r� u'..- m�_.�....__.�'. ...e..... ... ._�..w . h .tn ... a.�r...b zV...'S� ]aG✓° ri"ve'?"'°w- a�-..T a "t`1 5.6 TITLE SHEET A. SUBDIVISION j The title sheet of a Final Map shall be on the first sheet and shall !, contain the following: 1. A title consisting of the Tract Number and a subtitle consisting of a description of all property being subdivided by reference to such map or maps, and the appropriate recording data, of the _ property shown thereon as shall have been previously recorded or by reference to the plat of an United States Survey. 2. The sheet number of the title sheet and the total number of sheets. 3. The map notes including basis of bearings, a description of the monuments found, a description of the monuments set, a key to symbols and abbreviations, name of engineer and date that prepared the preliminary soils report, and such other information deemed by the City Engineer to be necessary. 4. The certificates and acknowledgements in a form acceptable to the City Engineer. a. Owner's Certificate. { b. Notary acknowledgement. C. Engineer's or Surveyor's certificate that prepared the map. 1 d. City Engineer's certificate of approval. e. City Planning Commission certificate of approval. 1 f. City Clerk's certificate of approval by the City Council. a g. County Tax Collector's Certificate. h. County Board of Supervisors' Certificate (required when taxes and assessments are a lien and not yet payable). t i 1 i. Such other affidavits, certificates, acknowledgements, endorsements, as are required by provisions of the { Subdivision Map Act and this Ordinance. B. MINOR LAND DIVISION The title sheet of a Parcel Map shall be on the first sheet and shall contain the following: 1. A title consisting of the Parcel Number and a subtitle, consisting of a description of the property being divided by reference to such map or maps, and the appropriate recording data, of the M property shown thereon as shall have been previously recorded or by reference to the Plat of the United States Survey. f 2. The sheet number of the title sheet and the total number of sheets. ' 3. The map notes including basis of bearings, a description of the monuments set, a key to the symbols and abbreviations, and such other information deemed by the City Engineer to be necessary. 4. The Certificates in a form acceptable to the City Engineer. i a. Engineer's or surveyor's certificate that prepared the map. t b. City Engineer's certificate of approval. ' C. Such other certificates, affidavits, acknowledgements, and endorsements as are required by the provisions of the Sub- division Map Act and this Ordinance. _ S 5.7 TAXES AND ASSESSMENTS (Subdivisions Only) Prior to the filing of the tract map with the City, the subdivider shall obtain the necessary certificates from the County Tax Collector and the County Board of Supervisors as required by the Subdivision Map Act and this Ordinance. A. WHEN TAXES ARE PAYABLE (November 1 through March 1) The subdivider shall file with the County Tax Collector and obtain a certificate in a form acceptable to the City stating that there are no liens against the subdivision for unpaid taxes or assessments collected j as taxes. B. WHEN TAXES ARE NOT YET PAYABLE (March 1 through November 1) i 1. The subdivider shall file with the County Tax Collector and obtain a certificate in a form acceptable to the City stating that there are no liens against the subdivision for unpaid taxes or assessments collected as taxes except those not yet payable. An estimate of the amount of taxes and assessments which are a lien and not yet payable shall be obtained and shown on the certificate. 2. The subdivider shall file with the County Board of Supervisors a bond or other security acceptable to the Board to insure the payment of the taxes and assessments which are a lien and not yet payable. A certificate in a form acceptable to the City shall be obtained from the Clerk of the Board of Supervisors that the required bond has been deposited with and accepted by the Board of Supervisors. 5.8 MONUMENTS i Monuments for subdivisions and minor land divisions set as required herein shall be permanently marked or tagged with the registration or license number — 29 of the engineer or surveyor under whose supervision the survey was made. All monuments are to be set after completion of all improvements. -, A. BOUNDARY MONUMENTS Durable monuments of not less than a 1 -inch iron pipe at least 18 inches long set in concrete found or set at or near each boundary corner and at intermediate points, approximately 1, 000 feet apart, or at such lesser distances as may be made necessary by topography or culture to insure accuracy in re- establishment of any point online without unreasonable difficulty. B. LOT MONUMENTS All lot corners shall be monumented with not less than a 314 -inch iron pipe at least 18 inches or by offset monuments as approved by the City Engineer. Nail and tag in curb on prolongation of lot lines may be set in lieu of front lot corner monuments. C. CENTERLINE LINE MONUMENTS Monuments shall be set to mark the intersections of all streets, highways, alleys, and /or ways, and also to mark the intersection of the same with boundary of the land division. Street centerline monuments shall also be set to mark either the beginning and the end of curves or the points of intersection of tangents thereof. Such centerline monuments for graded or asphalt concrete paved roads shall be of not less than a 1 -inch iron pipe at least 18 inches long and at least 9 inches below finished grade. In addition, a railroad spike or a 1/2 -inch rod at least 6 inches long shall be placed in the surface of asphalt concrete paved roads. Centerline monuments for portland cement concrete paved roads shall consist of a lead and tack in the surface thereof. Four chisel marks in the rim of a manhole is an acceptable monument when properly referenced with 4 concrete nails on line set 4 feet apart. D. MONUMENT TIE NOTES For each centerline intersection set, the engineer or surveyor, under whose supervision the survey has been made, shall furnish to the City Engineer a reproductible set of notes on 8 -1/2 inch by 11 -inch sheets showing clearly the ties between each monument set and a sufficient number, no less than 4, of durable distinctive reference points of mon- uments. Such reference points may be lead and tacks, concrete nails, or 3/4 -inch iron pipe not less than 18 inches long in which is secured a tag bearing the surveyor's or engineer's registration number, or such substitute therefore as appears to be not likely to be distrubed, and is approved by the City Engineer. E. DEFERRED MONUMENTS In the event any or all of the required monuments are to be set sub- sequent to the recordation of the final map, the monuments shall be set at a specified later date shown in the Engineer's or surveyor's 30 certificate in accordance with Section 11566 of the Subdivision Map Act. The subdivider shall agree that such monuments will be set and the required tie notes thereto will be furnished to the City. Such agreement shall be included and guaranteed in the "Agreement in Lieu of Improvements" and accompanied by a bond as provided by this l Ordinance. F. MONUMENT INSPECTION All monuments shall be subject to inspection and approval by the City j Engineer. ( G. MODIFICATONS TO MONUMENTS The City Engineer may, at his option, permit lesser or modifications in the type monuments where the above requirements are impractical. 5.9 DEDICATIONS All streets, highways, alleys, easements, and other parcels of land shown on the final map and intended for public use shall be offered for dedication for public use. Such dedications shall be free of all and any encumbrances incurred after the date of filing of the tentative map. Wherever a limited access highway, as so declared by the State Highway Commission or as shown on the Master Plan of Highways, or a dead -end street or part -width street, adjoins or passes through a division of land, access rights to said highway may be required to be offered for dedication to the City. In such event, the note "Non- Access Rights" shall be shown along said highway right-of-way and the access rights thereto shall be offered for dedication. A. SUBDIVISIONS j All required dedications for subdivisions shall be made to the City by the Owner's Certificate on the title page of the tract map in accor- dance with the provisions of the Subdivision Map Act and this ! Ordinance. B. MINOR LAND DIVISIONS All required dedications for minor land divisions shall be offered for dedication to the City by separate instrument and shall be com- pleted prior to the recording of the parcel map. The recording information of the dedications shall be shown on the parcel map. The offer shall be properly executed by all parties having a record interest therein, as shown by the current recorded deed and /or proof of ownership. The offer shall be on a form approved by the City Attorney; be in such terms as to be binding on the owner, his heirs, assigns, or successors in interest; and shall continue until the - City Council accepts, conditionally accepts, or rejects it. The offer shall provide that the dedication will be complete upon acceptance of the dedication and improvements by the City Council. 31 I Ii 1 f I Where the dedication of access rights is required, such a statement shall be included as a covenant running with the land that such access rights shall be dedicated upon recordation of the document. For a dead -end or part -width street, the dedication of access rights shall, by its,own terms become null and void upon the completion of the dedication of the additional land needed for street purposes from the adjoining property. 5.10 SUBMITTAL TO CITY A sufficient number of prints of the final map as determined by the Planning Director to furnish the several interested City Departments and public agencies with a copy for checking and filing purposes shall be filed for checking in the office of the Planning Director and shall be accompanied by the following: A. SUBDIVISIONS AND MINOR LAND DIVISIONS 1. Traverse Closure and Net Lot Area copy of e traverse closure ca culations for the survey boundary, land division boundary, street centerline, blocks, and each irreg- ular shaped lot shall be submitted for review and approval. The net area of each lot shall also be shown. The following information shall be clearly labeled on each traverse closure sheet- a. The title (survey boundary, street centerline Lot No. 1, etc. ) b. The beginning coordinate C. The bearing and distance for each course d. The closing coordinate and /or northing and casting closure e. The net area of the lot. B. SUBDIVISIONS ONLY 1. Title Report cuK rrent certificate of title, title report, or a policy of title insurance issued by a title company authorized by the laws of the State of California to write the same showing the names of all persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. 2. Protective Covenants copy of the pro ec ive covenants to be recorded. Said covenants shall provide for the raising and expenditure of funds necessary for the maintenance of any private streets or open space shown on the map. Said covenants shall also provide for the enforce - ment of yard and private land use regulations proposed to be established and for their amendment. 32 Utility Company Statements ritten statements from each of the serving utility companies that they have examined the final map and that satisfactory easements have been provided for their respective utilities. Such easements Jshall be shown on the final. map. C. WAIVER OF REQUIREMENTS { The Planning Director may, at his option, waive or modify the require- ments for any of the above information to be submitted if he determines that such information will serve no useful purpose. 5.11 FINAL MAP CHECKING FEES f The land divider shall pay a final map checking fee to the City at the time the final map is first submitted to the Planning Director for the checking and processing of the final map. The checking fee shall be for the amount as shown on a schedule established by resolution of the City Council and shall be non refundable. 5.12 CHECKING The Planning Director shall transmit the final map and other required materials to the City Engineer for checking. The City Engineer shall examine the final map as to conformance with the tentative map and con 1 ditions of approval thereof and as to correctness of survey data, com- putations, affidavits, and acknowledgements and shall report his findings to the Planning Director. The Planning Director shall insure that all matters are in compliance with the provisions of the conditions of approval of the tentative map, the Subdiv- ision Map Act, and this Ordinance. To accomplish this, the Planning Director may transmit maps to and request written reports from the City Departments and agencies which have submitted recommendations on the tentative map. Within 20 days after receipt of such written request, the dapartment or agency receiving the request may issue a written report as to the compli- ance or noncompliance of the final map as to the matters coming under its jurisdiction, together with a statement of the changes necessary thereon to cause such map to comply. These reports shall be transmitted to the Planning Director and he shall include them with his transmittal to the City Council. Failure of any department or agency to issue a report after written request of the Planning Director shall be deemed approval by such department or agency. 5.13 FINAL RIAP APPROVAL After the final map has been found to be in substantial compliance with the tentative map and is in correct form and the matters shown thereon are sufficient, the City Engineer shall endorse his approval thereon and transmit the map to the Planning Director together with the plans and specifications of proposed improvements. 33 After the Planninng Director has received the final map and improvement plans for the City Engineer and is satisified that all of the requirements of the Subdivision Map Act, this Ordinance and the Conditions of Approval have been met, he shall either: 1. In the case of a tract map (subdivisions) transmit the map to the City Council together with the plans, specifications, and such other material as may be required to enable the City Council to act on the Map, and the City Council shall, at its next regular meeting after receipt of the final map, act on the { map and, if it approves the tract map and subdivision, it shall l accept or reject each offer of dedication accordingly and shall accept all bonds and other material. The City Clerk shall then affix his signature upon the map and the City shall then forward the map to the County Recorder for filing or 2. In the case of a parcel map (minor land division) forward the map to the County recorder for filing. 5.14 TIME LIMIT The failure of a land divider to have such final map recorded prior to the expiration date of the approved tentative map or any approved extension of time as provided by this Ordinance, shall automatically terminate and void the tentative map approval or conditional approval and a new filing fee shall be paid and a new tentative approval obtained before further action can be taken for the lard division. i 5.15 DUPLICATE ORIGINAL Upon presentation of a final map to the City for recordation in the office of the County Recorder, the subdivider shall also deliver therewith two dupli- cate originals thereof inscribed in polyester base film which shall satisfy all requirements of the Subdivision Map Act for such map to be filed on polyester base film and to which all required signatures shall be attached at the time of its delivery to the County Recorder. The Countv Recorder, upon filing the final map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver one of the originals to the City, who shall retain custody thereof. 34 v.. a� ?zc.rCa. .-y' - -' �.-' �,a = • ymn.°n°. �L.'.�. 'lr»°' -r� .`A '7`"' '._ _. "' SECTION 6 - IMPROVEMENTS 6.1 GENERAL The land divider shall construct or agree to construct all of the improve- ments as specified in this Ordinance and such other structures of improve- s ments as may be required by ordinance or deemed by the City to be necessary for the use of the general public, owners in the land division, and local neighborhood. No certificate of use and occupancy will be issued on any structure until all required improvements have been completed or a guarantee has been received by the City for all off -site improvements. f A. SUBDIVISION ( All of the required fees shall be paid and all of the required improve- ments shall be constructed or an agreement, along with the appropriate security, shall be entered into with the City for their construction prior to the recordation of the Tract Map. B. MINOR LAND DIVISION All of the required fees shall be paid prior to the recordation of Parcel Map. All of the required improvements within or adjacent to each lot or parcel of the Minor Land Division, shall be constructed t as a requirement of the building permit for that lot or parcel. The City Council reserves the right to require a portion or all of the required improvements to be constructed or an agreement, along with the appropriate security, shall be entered into with the City for their construction prior to the recordation of the Parcel Map. 6.2 IMPROVEMENT STANDARDS A. GENERAL All improvements installed in land divisions, whether such work is required by the City or is done at the option of the land divider, shall be constructed in full conformance with the Improvement Stan- dards and Specifications of the City. B. ABSENCE OF A STANDARD In the absence of a standard for an improvement, the City Engineer j shall establish a standard in keeping with good construction and engi- neering practices. 6.3 IMPROVEMENT PLANS ' All improvements, constructed or installed in land divisions, shall be done in accordance with detailed plans and specifications prepared by a registered i civil engineer in accordance with the standard plans and specifications as 35 adopted by the City Council and in accordance with standard engineering practice, and shall he submitted to the City Engineer, and shall be approved by him before a final map is submitted to the City Council for approval. The plans shall be legibly drawn with India ink on linen, cloth, or poly- ester base film and to scale as approved by the City Engineer. 6.4 IMPROVEMENT WORK No improvement work shall commence until the improvement plans and specifications for such work have been approved by the City Engineer. All of the improvement work shall be constructed under the inspection of and to the approval of the City Engineer. 6.5 EASEMENTS All improvements shall be constructed or installed within the street right -of- way or within approved easements which have been dedicated for such j use . 1 6.6 COST ESTIMATE A cost estimate for the construction of the improvements shall be approved by the City Engineer. The cost estimate shall be submitted at the same time the improvement plans are submitted to the City for checking. 6.7 STREET IMPROVEMENTS i A. GENERAL i The land divider shall install all of the street improvements within the - land � ivision and adjacent thereto consisting of curbs, gutters, sidewalks, pavement, traffic signs, street trees and streetlights in accordance with the City Standards. 1 B. INFORMATION TO ACCOMPANY PLANS All fields notes, cross - sections, and all other pertinent information as deemed necessary by the City Engineer, shall be submitted to the City Engineer prior to approval of the street improvement plans. + C. EXISTING ROADS Where a land division or any part thereof lies along an existing improved _ public highway or road, the land divider shall improve or agree to im- prove the area of such highway or road lying between the centerline and the right -of -way line or for a total minimum width of 40 feet, whichever is greater. i If the improvement to be performed is upon a portion of a highway which the City is contemplating improving within 12 months, the City may elect to improve the portion thereof otherwise required to be improved by the land divider. In such event, the land divider shall, prior to the approval of the final map, pay to the City in full dis- charge of the land divider's obligation herein provided for, a sum equal 36 to the estimated cost to the city of performing improvement required to be performed by the land divider. The improvement will be per- formed by the City and will be done at the time the City improves the highway. D. UNDERGROUND INSTALLATIONS All underground utilities, sanitary sewers, and storm drains installed i in streets, service roads, alleys, or highways shall be constructed l prior to the surfacing of such streets, service roads, alleys, or highways. Connections for all underground utilities and sanitary 1 sewers shall be laid to such lengths which will alleviate the necessity i for disturbing the street or alley improvements when service connec- tions are made. E. ELECTROLIER ENERGY AND MAINTENANCE CHARGES Where electroliers are installed, the land divider shall be required to pay the City the estimated cost of the illumination energy and mainte- nance charges to be incurred for a period of one year following the anticipated date of energizing the street lights. These costs shall be estimated by the City Engineer. The amount of the charges shall be included in the amount of the bond posted for street light installation. The charges shall be paid prior to the exoneration of said bonds posted by the developer. 6.8 DRAINAGE IMPROVEMENTS A. GENERAL The land divider shall maintain the existing or construct the required dra:�. age facilities for the collection, conveyance, and disposal of ail storm waters that have historically arrived upon the land being divided, or abutting drainage courses in accordance with the City Standards. B. DRAINAGE FEES In addition to any other fees required by this Ordinance, the land divider shall pay a drainage fee to the City prior to approval of the final map in the amount as shown on a schedule established by resolution of the City Council. Said fees shall be deposited in a Storm Drainage Facility Fund and shall be used solely for the improvement of the Storm Drain- age system of the City. C. DEDICATED EASEMENTS All drainage facilities and appurtenances shall be installed within streets or easements either existing or to be offered for dedication to the City. Also, all existing natural drainage courses within the land division%Vhich will remain after recordation of the final map shall be delineated on the final map and reserved to the owners as a drainage easement. 37 D. INFORMATION TO ACCOMPANY PLANS A hydrology map showing the location and flow -rate of all storm waters entering upon the land being divided and all hydrology calculations and structural calculations shall be submitted to the City Engineer prior to approval of the drainage improvement plans. E. STORM FREQUENCY The storm frequency used for the design of all drainage facilities shall be as follows: 1. Local Drainage - 25 years. 2. Sump Area - 50 years. S 3. Major Channels and /or Major Drainage Courses - 100 years. ( F. DRAINAGE WITHIN STREETS i The discharge for a ten -year frequency storm shall be centered between the tops of curbs and that for a twenty -five year frequency storm shall be centered within the street right -of -way. If either of these conditions fis exceeded, additional flood control facilities must be provided. G. CULVERTS j Where any street crosses a natural drainage course and a culvert is f required to be constructed to convey the storm water beneath the street, . the culvert shall be designed as follows: 1, Fora street having a uniform gradient, the culvert shall be I designed to accommodate a 100 -year storm with maximum pondi.:6 within 2 feet of the road centerline profile grade, provided diver - sion of ponded water into another drainage area will not result therefrom. 2. For a street having a dip section, the culvert shall be designed to accommondate a 10 -year storm without overtopping the road- way. A 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 avail - able all- weather routes indicate its feasibility. , If permitted, the roadway shall be adequately protected. } 1 II. INUNDATION ( When any portion of the land within the boundaries of any final map is subject to inundation or flood hazard by storm waters, such fact and portion shall be clearly shown on the final map by a prominent note on each sheet of such map whereon any such condition exists. I. ADEQUATE DRAINAGE OUTLET When, in the opinion of the City Council, a division of land may cause an unnatural increase or concentration of surface waters onto downstream 38 property, said division of land shall not be approved by the City Council unless drainage outlets, as approved by the City Engineer, are provided which will be adequate to render the City harmless from any damages _. therefrom. I 6.9 WATER FACILITIES { A. GENERAL All required water storage and distribution facilities shall be installed by the land divider to serve each lot within the land division and shall be of such size and design to adequately satisfy the domestic and fire demands. All water facilities shall be installed in accordance with City Standards. B. SUPPLY AND DEDICATION The domestic water for a land division shall be supplied by the City. The water distribution system and appurtenances thereto shall be installed within streets or easements either existing or to be offered for dedication to the City. C. DEDICATION OF SUBSURFACE WATER RIGHTS The land divider shall dedicate to the City, by separate grant deed, all rights to subsurface entry, for purposes of developing said water, prior to recordation of the final map. r 6.10 SANITARY SEWER FACILITIES A. GENERAL l All sewer facilities shall be installed in accordance with the City Standards 1 The sewer facilities shall be of such size and design to adequately serve each lot within the land division and all existing or future tributary areas. B. SANITARY SEWER SYSTEM f The land divider shall install sanitary sewer facilities to serve each lot i within a land division and shall be connected to the City Sanitary Sewer System when available. Sewer service shall be considered as being available when, at the time of recordation of the final map, the construc- t tion distance, measured in feet, from the closest point in the land division 1 to an existing or proposed main line sewer, which will provide service, equals 50 times the number of lots in the land division. C. PRIVATE DISPOSAL SYSTEM Where sanitary sewer service is not available according to the above, a private sewage disposal system for each lot as required by the Ordinance establishing standards for private sewage disposal systems shall be con- structed, provided, however, that a dry sanitary sewer system shall j also be constructed within the subdivision and on the boundary streets, as required by the City Engineer. i 39 ( ill. Si]WER CONNECTION FLES i In addition to any other fees required by this Ordinance, the land divider shall pay a sewer connection fee to the City prior to record- ation of the final map. The sewer connection fee shall be in an amount as shown on a schedule established by resolution of the City Council. E. INFORMATION TO ACCOMPANY PLANS All design calculations, including field notes, flow- rates, percolation q data, and pipe sizing, shall be submitted along with the sewer improve - ment plans, to the City Engineer for approval. F. DEDICATIONS The sanitary sewer system and appurtenances, except for private dis- posal systems, shall be installed with roads or easements either existing or to be offered for dedication to the City. 6.11 GRADING IMPROVEMENTS i A. GENERAL The land division shall be graded so that adequate drainage will be provided for each lot. All grading operations shall be in accordance with the City Standards and a grading plan will be submitted to the r City Engineer for approval. B. SOIL REPORT The land divider shall file with the City Engineer a soil report for the grading operation of the land division. The soil report shall be prepared by a registered civil engineer based upon adequate test borings or exca- vations. If the preliminary soil report indicates the presence of crit- ically expansive soils or other soil problems, the soil report shall recommend corrective action to be taken, which will likely prevent structural da ^age to each building proposed to be constructed, for each lot containing such soil problems. The soil report shall be approved by the City Engineer and the recom- mendations contained in the approved soil report shall be incorporated in the grading operation and /or incorporated in the construction of each building as a condition of the building permit for each lot containing such soil problems. The preliminary soil report may be waived by the City Engineer if he determines that, due to the knowledge of the soil conditions in the area of the land division, no preliminary soil analysis is necessary. C. EXCESSIVE GRADING No land division shall be approved where the lot grading will result in a difference in grade, from that of the adjoining property, at the 1, tract boundary, in excess of 5 feet unless otherwise approved by the City Council. D. CERTIFICATE FOR NO FILLS In cases where there is no lot grading required because adequate drain- age for each lot exists and there are no soil problems requiring correc- tion, the land divider shall furnish to the City Engineer two prints of the final map signed by the land divider's engineer, and certifying that no fills, in conflict with City standards, have been made on the lots. 6.12 UTILITIES All utility lines and facilities, including but not limited to electric power, telephone or other communication, street lighting, cable tele- vision lines, and other such utility lines, shall be placed underground, J and shall be installed in accordance with standards prescribed by the California Public Utilities Commission in streets or alleys, or in ease- ments provided for that purpose with widths and locations that are adequate for the service agencies. Such standards shall apply to any agency owning or operating the line whether or not it is subject to the jurisdiction of said Public Utilities Commission. If no standard is so prescribed, installation shall be made in accordance with practices usual in the particular field, subject to the approval of the City Engineer. r B. ARRANGEMENTS FOR UTILITY INSTALLATIONS The land di-vider shall be responsible for complying with the require- ments of this section, in accordance with tariff of the respective servicing 611i._' -S as flied with the California Public 'Utilities Commission, and the conditions of approval, and shall make the necessary arrangements with the serving agencies for the installation of their respective facilities. C. APPJRTENZl T EQUIPMENT For t ^_e pu_-•poses of this section, appurtenances and associated equip- ment such as, but not limited to, surface mounted transformers, con- cealed ducts, and pedestal mounted terminal boxes and meter cabinets may be placed above ground, D. `71 IL1TY SEMENTS APPROVAL: All utility easements shall be approved by the serving utility companies, and such approval shall be submitted to the City Engineer prior to recordation of the tract map. 6.13 SECJRITY FOR IMPROVEMENT A. GENERAL If any of the improvement work is not completed or any monuments not set prior to the recordation of the final map, the land divider 41 shall enter into an agreement with the City to complete the remaining improvements and shall furnish to the City the improvement security as t defined and required in Section 11612 of the Subdivision- Map Act. B. FORMS 1 The agreement and improvement security shall be executed only upon forms and terms approved by the City Council and the amount of the Isecurity shall be approved by the Planning Director. ` C. TIME LIMIT t 1 The original term of the agreement and improvement security shall be for one year, which term may be extended by the City Council, upon written request of the land divider prior to the expiration of the orig- inal one year period, for not exceeding the cumulative total time of one additional year. As a condition to granting an extension of time, the City Council may require that additional improvement security be furnished, as shall be deemed necessary to guarantee the comple tion of the improvements. D. SECURITY AMOUNT The amount of the security required shall be 100 percent of the total estimated cost of the improvements to guarantee faithful performance of the agreement and 100 percent of the total estimated cost of the 4 improvements for securing payment to the contractor, his subcontrac- tors, and to persons renting equipment or furnishing labor or materials r to them for the improvements, as estimated by the City Engineer. E. SECURITY RELEASES The improvement security shall be released as provided in Section 11612 of the Business and Professions Code. A maximum of three partial releases of the improvement security may be granted by written order of the Planning Director, upon a determination by the City Engineer of the acceptable work that has been completed and the amount of security that is necessary to be retained to guarantee the completion of the remaining improvements. Request for partial releases, setting forth in detail the amount of work completed, shall be made in writing to the Planning Director. 6.14 IMPROVEIalENT PLAN CHECKING FEES At the time the improvement plans are submitted to the City for checking and approval, the land divider shall deposit with the City a Plan Checking fee in an amount as shown on a schedule established by resolution of the City Council. The fees shall be paid prior to any checking of the plans by the City and such fees shall be non refundable. 42 6.15 CONSTRUCTION INSPECTION FEES The land divider shall deposit with the City Construction Inspection Fees for the inspection of the construction of the improvements in an amount as j shown on a schedule established by resolution of the City Council. - A. SUBDIVISION j The Construction Inspection Fees shall be paid prior to recordation of l the Tract Map. B. MINOR LAND DIVISION The Construction Inspection Fees shall be paid as a requirement of the building permit for each lot. In the case where the City Council requires that a portion or all of the required improvements be constructed prior to the recordation of Parcel Map, such Construction Inspection Fees shall be also required prior to t recordation of the Parcel Map. f t i 43 i _. t: Sl,:("TION 7 - IVIOM1,1CATIONS, EN1_)ORS1t:1VL1,:NT, I)ENALTIES ANI) VAIJDITl 7.1 MODIFICATIONS Whenever in the opinion of the City Council the land involved in a land div- ision is of such size or shape or is subject to such title limitations or record, or is affected by such topographical location or conditions, or is to be devoted to such use, or is subject to such regulation by the Zoning Ordinance that it is impractical in the particular case to conform to the strict application of the requirements of this Ordinance, the City Council may make such mod- ifications thereof as in its opinion are reasonably necessary, provided that the modifications are in conformity with the spirit and intent of the Subdivision Map Act and of this Ordinance. 7.2 REFERENCE TO OTHER LAWS Whenever reference is made to any portion of this Ordinance or other ordi- nance or statute, such reference applies to all amendments and additions now and hereafter made. 7.3 VIOLATION OF OTHER LAWS Neither the approval or conditional approval of any tentative or final map shall constitute or waive compliance with any other applicable provision of this Ordinance, other city Ordinances or State law; or authorize a violation or failure to comply with this Ordinance; other City Ordinances or State Law. 7.4 SALES CONTRARY TO REQUIREMENTS OF THIS ORDINANCE - Any deed of conveyance, sale or contract to sell made contrary to the pro- f visions of this Ordinance is voidable to the extent and in the same manner I as is provided for in Section 11540 of the Subdivision Map Act and shall constitute a violation of this Ordinance and a misdemeanor. { 7. 5 BUILDING PERMIT NOT TO BE ISSUED 1 No building permit shall be issued for the erection or use of any structure or part thereof, located or to be located on a lot or parcel of land created or established otherwise than in accordance with the provisions of this ordinance. Any permit issued contrary to the provisions of this, ordinance shall be void and of no effect. 7.6 LEGAL PROCEDURE Any building or structure erected or maintained on a lot or parcel of land created or established contrary to the provisions of this ordinance shall be, and the same is hereby declared to be, unlawful and a public nuisance and the City Council may file a suit in the Superior Court of the County to commence action or actions, proceeding or preceedings for the abatement, removal and enjoyment thereof, in the manner provided by law; and shall take such other steps, and shall apply to such courts as may have juris- diction to grant such relief as will abate or remove such building or structure. 45 t I I' 7. 7 SEPARATE OFFENSES Each separate sale, contract for sale, or each separate attempt or offer to sell any land from a division of land without first complying with the provisions of this Ordinance and the Subdivision Map Act shall be deemed a separate offense. 7.8 REMEDIES All remedies provided 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 or removing prohibited buildings, structures or improvements, no prevent the enforced correction or removal thereof. 7.9 PENALTIES Any act which is in violation of this Ordinance or the Subdivision Map Act, I is a misdemeanor and any person, upon conviction thereof, shall be punish- able by a fine of not more than $500.00 dollars, or imprisonment in the county jail for a period of not more than 6 months, or by both fine and { imprisonment. l 7.10 VALIDITY If any section, sub - section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not ( affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, sub - section, paragraph, sentence, clause and phrase thereof, irres ect4 ° "-° fact that one or more of the sections, sub - sections; ( paragraph, sentences, clause or phrase hereof be declared invalid or unconstitutional. 7.11 FIL12:G The origin' of this Land Division Ordinance shall be kept on file with with the City Clerk and certified copy kept on file with City Planning i Commission. 7.12 AMENDMENTS i _ All amendments and changes to said Land Division Ordinance shall be in accordance with the laws of the State of California. 7.13 EFFEC'TItiE DATE This Ordinance shall take effect thirty (30) days from the passage thereof. 7.14 PUBLICATION Within 15 days after the passage of this Ordinance, the City Clerk shall cause it to be published once in a newspaper with general circulation in the City of Lake Elsinore. 46 A. APPROVED AND ADOPTED this 26th day of November, 1973. i s/Norman L. Chaffin Mayor of the City of a e E sinore ATTEST: s /Florene Marshall ity Clerk of the City of a e E sinore 1' Florene Marshall City Clerk of the City of Lake Elsinore, California, do hereby certify that the foregoing Ordinance was duly and regularly adopted at a meeting of the City Council of the City of Lake Elsinore on the 26th day of November, 197A by the following vote, to -wit: j_ AYES: Councilmen: Cartier, DePasquale, Harmatz, Perkins, Mayor Chaffin. 10ES: none _= 'SE1T: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lake Elsinore this 26th day of November, 1973. s /Florene Marshall —City--Clerk of e City of a e Elsinore