HomeMy WebLinkAboutOrd. Nos 1973-522-531ORDINANCE NO. 522
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REGULATING CARD ROOMS, LIMITING
NUMBER OF LICENSES, PROVIDING FOR APPLICATIONS, ,
FEES REVOCATION OF LICENSES, PENALTIES, AND
REPEALING ORDINANCE NO.,502.
THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1: DEFINITIONS
A. "APPLICANT ". Shall mean and include any person as
defined as a "person herein" who files an application to procure
a license or permit to conduct a card room.
B. "APPLICATION ". Shall mean and include any document,
paper, questionaire, financial statement, which is required to be
filled out by the applicant as a prerequisite for the'consideration
by the council in determining whether or not a permit is to be
issued to the applicant.
C. "CARD GAMES ". Shall mean and include any and all games
not specifically prohibited by Section 330 of the Penal Code of
the State of California.
D. "CARD ROOM ". Is a place which is duly licensed as herein
provided, containing tables and other similar conveniences, for the
playing of such games as may be permitted under the provisions of
Section 330 of the Penal Code of the State of California.
E. "CITY ". Shall mean the City of Lake Elsinore, California.
F. "CITY COUNCIL" shall mean the City Council of the City of
Lake Elsinore, California.
G. 'CONDUCT' Shall mean and include engage in, transact,
maintain, manage, open, establish, operate, play, deal and carry on.
H.- "EMPLOYEE ". Shall mean and include every person, either
as agent, servant, or employee of the owner, or any person `who is
- in any manner under the direction of the owner of the card room.
I. "LICENSEE" or "PERMITEE ". Shall mean and include
any person as herein defined as a' "person" who has been issued
a card room license or permit under the ,, provisions of-the ordinance,
J.' "PERSON ". Shall mean and include any individual, com-
bination of individuals, firm, association, corporation, partnership,
joint venture,,organization, or other entity authorized by law.
K. "'POINT HOLDER ". Shallmean' and include any person as
defined as a "personit having any, interest whatsoever in a card
room or its operation, whether the`inte`rest be legal,, equitable,
or otherwise, to the extent of 3%6r more interest.
SECTION 2: PERMIT AND LICENSE.R'BOUIRED
It shall'be unlawful for any per`'son to attempt to. establish,
establish,' open; operate, or maintain ariy card room wherein card
games are condulcted without first'havin'g obtained a, permit and
license from the City so to do.
SECTION`S: LI'MIT ON NUMBER U PERMITS OR LICENSES
A. 'the; total number of permits or licenses to operate card
games in the City shall not exceed a total number of four ,(4) such
permits or' licenses.
B.-"The City shall only issue one (1) such license or permit
for each 2,000 registered voters or fraction thereof in the City,
as 'determined by the voter registration records at the last City
election. .
SECTION 4: APPLICATION
A. Any person desiring toopen, operate, or maintain a card
room as herein defined, 'shall first apply,in writing to the .;City
Clerk of the City for such permit or license and shall accompany
said application with such fees as are hereinafter set forth. Said
application shall not be deemed a matter' of public record and the
information therein shall only be used by the City for the purposes"
of this ordinance. Each such application shall set -forth under
oath, in addition to such other information as the City Manager may
require, the following information:
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1. The date of the application,
2. The true name or names and address or addresses of the
applicant, or applicants.
3. The legal status of the applicant, whether individual,
combination of individuals, partnership, or incorporated
association, or corporation.
4. The place where the.corpporation is organized and the
place that the partnership is organized and whether
said corporation is in good standing and authorized to
do business in the State of California.If a partnership,
the names and addresses of all general partners and the
names and addresses of all limited partners must be set
forth. If a corporation, all members of the Board of
Directors, together with their addresses must be listed
and all officers of said corporation, together with their
addresses must be set forth.
5. If the applicant consists of more than one (1) individual,
the names and addresses of all of the owners, investors,
or persons having an interest therein shall be set forth.
6. A plot plan showing the location, design, type of con -
struction and dimensions of the building, a plot plan of
the entire property, and the location of all tables and
other conveniences and other installations which are r
planned to be placed within said building.
7. A statement that the applicant understands that the
application shall only be considered by the City after
a full investigation and report has been made by such
investigative agency as may be employed by the City.
8., A statement by the applicant that he agrees that any
business or activity conducted or operated under any
permit or license which might be issued under such
application shall be operated with full conformity
with all laws of the State of California, "and all
ordinances and regulations of the City.
9. A statement that the applicant agrees that in the event
that the permit or license is granted, the applicant shall
provide security and protection to all persons that may p
come upon the premises, and that said applicant will be
in violation of the permit or license and of this ordin-
ance if the licensee or permitee allows any person on
said premises to be or become intoxicated or to permit
any person on the premises to violate any laws.
10. A statement that the applicant has read all of the pro -
visions of this ordinance and that said applicant agrees
to be bound by the provisions of this ordinance and any
provisions of the license or permit.
11. The applicant shall immediately file a full and complete
financial statement consisting of assets and liabilities,
together with a profit and loss statement if required by
the City Manager. The financial statement shall be
certified to by the applicant and if required by the City
Manager shall be certified to be acertified public account,
or a public accountant duly licensed by the State of '
California.
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r idhere the application is filed by an anda ='" �. or
a combination of individuals, a partnership, or. an
unincorporated association, all of such persons in-
eluding any and all investors and the responsible
operating manager shall submit: to a complete police
check up, including finger printing and photography,
In the event that the applicant is a corporation,
all of the membe:xs of the Board of Directors, all of
the officers, includ.iOg the operating manager, shall,
submit to a complete police check up, including finier
printing and photo£rnpiiy, Each of the persons requiredi
to be finger, printed and photographed, as above set
forth, agr.en that the City m y take such steps as may
be necessary.to ascertain if any of said persons pos-
sess a crimi_n €tl. record,
13. All applications shall provide for not less than thirty
(30) card tables.
14. The City Manager is empower ed to provide application
.forms and shall require the furnishing of such additional
information as he shall determine in order to properly
administer and regulate the provisions of this ordin-
ance.
SECTION 5: BUILDING PARKING AND LAND R UIREMENTS
No application for a license or permit under this ordinance
shall be considered or granted by the City, unless the land area
upon which said business is to be conducted contains at least five
(5) acres of ground and the portion of the building to be devoted
to card room activities shall consist of' not less than 4500 square
feet, together with a restaurant facility consisting of not less
than 2500 szuuare feet, together with paved parking facilities for
not less than 300 automobiles, together with acceptable lighting,
driveways and landscaping as may be required by the City.
SECTION 6: APPLICATION AND LICENSE - PERMIT FEES
The following fees shall be paid by the applicant to the
City as follows;
A. An application fee in the amount of $500.00 shall be
paid by the applicant to the City Clerk upon the filing of any
application which is to be used to defray the costs of a complete
investigation of the applicant and of all the other matters con-
tained in the application and shall not be returned to the appli-
cant whether said license or permit is grented or denied.
B. All li.cetses laeued 0411 be SKY on a quarterly
basis, naively, on January Ist.:, April lst, July'lst and October 1st
of each calendar year. The license fees prescribed herein shall be
is
set forth and shall be payable in advance as follows:
(1) For the minimum of (30) tables, a quarterly license
fee of $2250.00 shall be paid.
(2) For each additional table, a quarterly license fee
of $75.00 shall be paid.
(3) In addition, a permit fee in the sum of $500.00 shall
be paid quarterly in advance. Also an additional
permit fee shall be paid quarterly based upon l%
of the gross income, not to exceed the payment of
$1250 for any one quarter, or a payment of $5,000
in four consecutive quarters.
(4) License and permit fees acquired prior to any quarterly
date as referred to above, shall be prorated to
the nearest quarterly payment date and hereafter
such renewals shall be made in strict compliance
with the provisions of this ordinance.
SECTION 7: SLIDING SCALE INCREASE IN PERMIT FEES
Effective as of January 1, 1974, the permit fees shall, be
increased to the sum of seven hundred fifty dollars ($750.00)
quarterly, and thereafter shall be increased as follows:
A. As of January 1, 1976, the permit fees shall be increased
to the sum of one thousand dollars ($1,000.00) quarterly.
B. As of January 1, 1978, the permit fees shall be increased
to the sum of twelve hundred fifty dollars ($1,250.00) quarterly.
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C. As of January 1, 1980, the permit fees shall be increased
to the sum of fifteen hundred dollars ($1,500.00) quarterly.
SECTION 8: GRANTING OR DENIAL OF APPLICATION. CONSIDERATION
BY THE CITY COUNCIL.
Whenever an application for a permit to procure a license, as
required when the provisions of this ordinance, is presented to the
City Council, the City Clerk having certified that the applicant €'
has met all necessary requirements and the number of registered
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voters permits the issuance of an additional license pursuant to
the provisions of this ordinance, the City Council may consider
such application either at the regular meeting of the City Council
at which the same is presented or at any subsequent meeting to
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which the matter of such application may be continued by the City
Council and within ninety (90) days the application shall be
considered on the following basis, without being limited thereto;
A. The effects on the community of the granting of such
permit and license and the adverse effects upon existing licensees.
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B. The financial ability of the applicant, including
the personal history, business experience, reputation for habits
and traits of character and any other matters of inquiry deemed
necessary by the City Council..
C. The business and financial history of the actual
operator and manager of the enterprise, including his personal
history, moral background, habits, and traits of character.
D. If the City Council deems tuch action necessary or
desirable, the Council may set the matter of any such application
for a public hearing before the Council on notice of not less
than ten (10) nor more than thirty (30). days.
E. If it be the considered judgment of the City Council
that the issuance of the permit applied for would not be in the
best interest of, and would be inimical to the safety, convenience
or welfare of the residents of the City of Elsinore, the City
Council shall in that event deny the application.
SECTION 9: _DECISION OF CITY COUNCIL FINAL .
The decision of the Council to approve any application and
grant the permit applied for therein, or to deny any such appli-
cation and refuse to grant the permit applied for therein, or to
revoke or suspend a license, shall be final and conclusive.
SECTION 10 APPLICANTS ACCEPTANCE OF CITY COUNCIL DECISION
The applicant who has filed an application with the City
to procure a permit and /or license to conduct card games shall
agree in his applica ion form to waive all right of redress and
agrees that.the sole and exclusive discretion as to the granting
or denial of any such permit and /or license or ,revocation or
suspension of a license shall be vested in the City Council.
SECTION 11: NONTRANSFERABILITY OF LICENSE
No license granted herein shall be transferable without
prior approval of the City Council, and no licensee shall acquire
any property rights to the license which may be granted hereunder
without such prior approval. Any transfer or attempted transfer of
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any license granted herein without such prior approval shall
constitute a ground for revocation or suspension of any license.
SECTION 12: POINT HOLDER AFFIDAVIT
Every point holder, as defined by this ordinance, shall
file an affidavit, and every quarter thereafter shall:,file an
affidavit unless otherwise specified by the City Manager in
substantially the following form.
A. That I am an American citizen.;
B. That the interest I hold in is
C. That -said interest indicated above is solely my own;.
and no portion thereof is held in trust for any other person.or
persons whomsoever;
D. That I have not been convicted of a felony or misdemeanor
involving moral turpitude;
E. That the City of Lake Elsinore at its discretion has
the right to require me to have my fingerprints and photograph
taken by an official agency they designate and cause an official
report thereon to be filed with the City Manager.
The above affidavit shall be signed before a notary public.
SECTION 13: LICENSE RENEWALS
The prescribed procedure for renewal of quarterly license
.and'permit fees shall be a declaration substantially in the follow -
ing form filed with the City Manager
(Indicate one)
�] A. There has been no change in ownership.
[] B. There has been a change in ownership. (Fully explain
in detail such change,)
I declare under penalty of perjury that the foregoing is
true and correct.
(signed)
Title Permitee, Managing
Director, Authorized Agent,
Corporate Officer,
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"
SECTION 14: MINIMUM'NU1IBER OF TABLES REQUIRED
No license or renewal thereof shall be issued for a lesser
number than thirty (30) card tables or units.
SECTION 15: GROUNDS FOR DENIAL OF LICENSE
The following shall be considered sufficient grounds for
the denial of a request for a license:
A. The unsuitability of the proposed location or the
construction or arrangement therein. .
B. The applicant, investor or other interested party
having previously had a license revoked for.any cause.,
C. The application does not meet the requirements as
set forth in this ordinance.
D. The granting of the license would be contrary to the
public peace and welfare of the community, the determination of
which is in the sole discretion of the City Council.
E. The applicants, based upon the examination of the
persons whose names appear thereon, be determined to be persons
who have a disqualifying criminal record or for such. other reason
deemed sufficient by the City Council.
SECTION 16: REVOCATION OR SUSPENSION OF LICENSE
A. Any license issued pursuant to the provisions of this
ordinance may be revoked or suspended by the City Council upon
written notice given to the licensee in person or by registered
mail, setting forth the ground or grounds of the alleged violation.
In the event that notice is given, -said notice shall further notify
the licensee of the hearing to be conducted before the City Council,
setting forth the date, time and place of such hearing. Said
notice shall be delivered in person or mailed by registered mail
at least ten (10) days prior to said hearing to the licensee at the
address shown in the original application or annual applications.
At the time of the hearing, the licensee shall be- required to
show cause why said license should not be revoked. At said hearing
testimony shall be received by the City Council, both on behalf of
the City and any of its officers, agents, Or employees or other
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interested persons as well as testimony on the part of the licensee.
At the conclusion of said hearing, the City Council shall make a
determination based upon the evidence received, whether the grounds
for said revocation or suspension are sufficient or not, and its
determination.shall be final.
B. The following shall be considered sufficient grounds
for the revocation or suspension of any license granted under
this ordinance:
1. The Nonpayment of any application fee or license
fee provided by this ordinance or any other fees
required by any other ordinance of the City of
Elsinore.
2. Failure of the licensee to abide by the provisions
of this ordinance.
3. Conviction of the licensee of a violation of any
law which renders the licensee unfit to continue
to participate in the card room business.
4. The failure of the licensee to commence an oper-
ation of said card room business within one hun-
dred eighty (180) days from the granting of any
license or such additional time as may be specified
by the City Council or if the licensee shall fail
to operate said business in a businesslike and
dignified manner.
5. Failure of the licensee to effect a change in its
corporate structure, including investors, without
having first notified and received approval from
the City Council subject to investigating proced-
ures outlined herein as shall be determined
necessary by the City Council.
SECTION 17: REGISTRATION FINGERPRINTING AND PHOTOGRAPHING
OF EMPLOYEES FOR IDENTIFICATION PURPOSES REQUIRED
A. It shall be unlawful for any permittee and /or licensee
to employ any person without such person having been fingerprinted
and photographed by the law enforcement agency of the City of Lake
Elsinore, subject to the conditions and provisions set forth in sub -
section B hereof.
-B. Any person employed by any licensed card room or card
club in the City of.Elsinore shall, within seven (7) days after
such employment, report to the City Clerk and shall submit to
fingerprinting and photographing for identification purposes.
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A fee in the sum of
City Clerk to cover
graphing and identi
five dollars ($5.00) shall be paid to the
the cost of such fingerprinting and photo -
Eication card.
C. It shall be the responsibility and duty of the City
Clerk to establish the necessary procedures to implement and
process the provisions of subsection B hereof.
D. The information received by the City Clerk pursuant
to the provisions. of subsection B hereof shall be treated as
confidential and shall be accessible only to the City Manager,
City Clerk, and to the managing director, permitee and /or
licensee of the respective licensed card rooms or card clubs
in the city.
SECTION 18: TIME OF OPERATION
Every licensee or permittee shall keep said business open for
operation on every day during the year on a 24 hour basis, unless
the City Council shall specify other days and hours of operation.
SECTION 19: CHANGE OF LOCATION
Upon written request by permittee and /or licensee to the
City Clerk, any permittee and /or licensee shall have the right
to change the location of the business operated under the permit and/
or license, with the approval by the City Council of the new loc-
ation.
SECTION 20: NON- DISCRIMINATION IN EMPLOYMENT
It shall be unlawful for any licensee to discriminate in
the employment of any person on account of race, color, sex,
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religion, national origin or ancestry.
SECTION 21: DEPUTIZE PERSONS
At the option of the permittee and /or licensee, the City
Manager shall direct the local law enforcement agency to deputize
such person or persons, provided they are acceptable, as may be
designated by any licensee for proper security and policing of..
card clubs licensed hereunder. Any and all costs for such.security .
and policing shall be borne by the liconntro thereof.
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.SECTION 22: OPERATION SHALL BE IN CONFORMITY TO LAWS
Nothing herein contained shall in any manner whatsoever
be construed as permitting any playing of games or gaming pro -
hibited by,the laws of the State of California. Each and'all
such games to be played shall be operated in full conformity
with and subject to all of the laws of the State of California,
and the terms, conditions and provisions of this ordinance.
SECTION 23: PROHIBITION OF PERSONS UNDER 21 YEARS OF AGE
It shall be unlawful for any licensee or any other person
operating under the provisions of this ordinance to permit any
person under the age of twenty -one (21) years to play in any,
gRme licensed hereunder.
SECTION 24: PROHIBITION AGAINST SALE ETC, OF ALCOHOLIC
BEVERAGES
It shall be unlawful for any licensee or any other person
operating under the provisions of this ordinance to.sell, cause
to be sold, given away, or cause to be given away, any intoxicat-
ing liquors in the card room area of the licensed premises, except
when the facilities are not being used for gaming purposes and
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when approved by the City Council.
SECTION 25: CONFIDENTIALITY OF APPLICATIONS FINGER PRINTS
POLICE REPORTS AND FINANCIAL STATEMENTS - AUTHORITY OF CITY MANAGER
All applications, finger printing reports and financial
statements shall be entrusted to the City Manager and shall be
held by him in confidence, except as necessary for the City
Manager to report certain information to the City Council. The
City Manager shall have the right to review the books, papers and
records of all licensees to determine the ownership of said
licenses as well as to verify all financial statements of any
licensee or applicant which he deems necessary to properly admin-
ister and carry out the provisions of this ordinance. All such
investigation conducted by the City Manager shall be confidential
except as necessary to inform the City Council.
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SECTION 26: PENALTIES
Any person violating any of the provisions of this
ordinance shall be guilty of a misdemeanor, and upon conviction
thereof, shall be punishable by a fine of not more than five
hundred dollars ($500.00), or by,;imprisonment of not more than
six (6) months, or by both such fine and imprisonmen.t',
SECTION 27: SEPARABILITY
If any section, subsection, paragraph, sentence, clause,
or phrase of this ordinance is for any reason held to be unconstit-
utional or invalid, such decision shall not affect the validity or
the constitutionality of the remaining portions of this ordinance.
The City Council of the City of Lake Elsinore hereby declares
that it would have passed this ordinance, and each section,. sub-
section, paragraph, sentence, clause, or phrase thereof irres-
pective of the fact that one or more of the sections, subsections,
paragraphs, sentences, clauses, or phrases thereof had been declared
unconstitutional or invalid.
SECTION 28: REPEAL OF ORDINANCE
Ordinance No. 502 is hereby repealed.
SECTION 29: CERTIFICATION
The City Clerk of the City of Lake Elsinore, California,
is hereby ordered to certify the passage of this ordinance and
cause the same to be published in the manner provided by law..
ADOPTED BY THE MAYOR AND CITY COUNCIL on the 26thday of
February , 1973, and signed by the Mayor and attested to
by the City Clerk this 26th day of February 1973.
�MYUK OF THE CITY SIRMT-
ATTEST: OVIL
fit- y Cleity of sinore'
YEA"_ car.tior, ftft natt, potkins; Maybt, Chaffin$
NAY, none
ABS .0U
Abaent: crilinN. linft Depasduale.
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ORDINANCE NO. 523
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, DETERMINING THAT THE COST OF PROCESSING
A CANDIDATES NOMINATION PAPER FOR A MUNICIPAL
OFFICE AND SETTING A FEE IN THE AMOUNT OF $25.00
TO BE PAID UPON THE FILING OF SAID NOMINATION
PAPERS FOR SAID MUNICIPAL OFFICE, PURSUANT TO
SECTION 22843 OF THE ELECTIONS CODE OF THE STATE
OF CALIFORNIA,
THE MAYOR AND CITY COUNCIL DO ORDAIN AS FOLLOWS:
1. That pursuant to Section 22843 of the Election
Code of the State of California, �t is hereby determined that
the,cost for processing a candidates nomination paper is in the
sum of $25.00 for each candidates nomination paper and does
„ hereby set said fee of $25.00 for c >.h and every nomination
paper for city office to be •zlected at 4. mur.:ipal election in
the City of Lake Elsinore, California.
2. The City Clerk, before fili _ >, ,oy nomination
papers for city office, shall ;-eceive the sl% cf $25.00 and shall
not•accept said nomination papers for filing; ucles,s said City
Clerk receives said payment of $25.00.
3. The City.Clerk is hereby ordered an; directed to
certify the passage of the ordinance and cause the same to be
published in the manner provided by law.
ADOPTED by the Mayor and City Council and signed by
the Mayor and attested to by the City C.tr.K this c9-&,/ day of
April, 1973.
T L
ATTEST: MAYOR (F T
Denut
I OF 'I F KE c.1 SIN RE
I, Jeanez.r Simpson, ;Deputy Cit, Clerk of the City of Elsinore, do hereby
certify that, this is a true ax.d correit copy of Ordinance No. 523, passed and
adopted by the City Council of t;!. :icy of Lake Fl.inore at their regular
meeting held on the Si•-= lay of April, 1973 by the Following roll cs.il vote:
'onc *amen DePa, +quale, Har::atz, Perkins, May:,r .:ha_e in
"s : .,, .'xe
cncilman Cartier
e
vkCity Clerk of 'b ity of
ORDINANCE NO. 524
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FORNIA, ADOPTING THE ADMINISTRATIVE CODE, 1973
EDITION, WITH CERTAIN AADITIONS,AND PROVIDING
THAT.IT SHALL GO INTO EFFECT IMMEDIATELY. UPON
ITS.ADOPTION.
The City Council of the City of Lake Elsinore, California,
does ordain as follows:
SECTION 1: The City Council does hereby adopt all of
the Administrative Code, 1973 Edition, by the International Asso-
ciation of Pluming and Mechanical Officials, one copy of which is
certified as a true copy and is on file in the office of the City
Clerk and which is hereby adopted by reference. Said code which
is hereby adopted by reference is made a part of this ordinance
as though set forth at length in this section, provided further
that the following schedule of fees shall be added to the schedule
of fees as set forth in said Administrative Code, 1973 Edition.
Said addition shall read as follows:
"For each house sewer connecting to
public sewer . . . . . . . . . . . . $10.00
For each septic tank, seepage pit or
pits and /or drainfield . . $10.00
For each overflow seepage pit, drainfield
extn cesspool, drywell, manhole. . . . . $5.00
For each house sewer connecting to
private disposal system. . . . . . $5.00
For each connect additional building or
work to house sewer. . . . . . . . . . $5.00
For each alter, repair or abandon house
sewer or disposal system . . . . . . $5.00
s
For each saddle main line. . . . .. $10;00
For each excavation. -. Per, li neal lopt, $2.00"
SECTION 2: This ordinance shall take effect immediately
upon its adoption, being necessarily and urgently required for
the immediate preservation of the public peace, health and safety
of the City of Lake Elsinore.
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SECTION 3: The City Clerk is hereby ordered and allowed
to certify to the passage of this ordinance and to cause the same
to be published in accordance with the law.
ADOPTED by the City Council and signed by the Mayor and
attested to by the City Clerk this 25th day of June , 1973.
sl Norman L. Chaffin
MR O THE CITY OF ORE
ATTEST:
s /Jeanette Simpson
DEPUTY I F I F ME ELSIWO
2 .
f,.
SECTION 3: The City Clerk is hereby ordered and allowed
to certify to the passage of this ordinance and to cause the same
to be published in accordance with the law.
ADOPTED by the City Council and signed by the Mayor and
attested to by the City Clerk this 25th day of June , 1973.
sl Norman L. Chaffin
MR O THE CITY OF ORE
ATTEST:
s /Jeanette Simpson
DEPUTY I F I F ME ELSIWO
2 .
ORDINANCE NO. 525
AN ORDINANCE OF THE CITY OF LAKE ELSINORE CALI-
FORNIA, AMENDING.SECTION 7 OF ORDINANCE 497
ADOPTING BY REFERENCE THE UNIFORM.PLUMBING
CODE, 1973 EDITION, AND AMENDING SECTION 8 OF
ORDINANCE 487 BY READOPTING THE UNIFORM WIRING
CODE, 1968 EDITION,-WITH CERTAIN EXCEPTIONS,
The City Council of the City of Lake Elsinore, California,
does ordain as follows:
SECTION 1: Section 7 of Ordinance No. 487 is hereby
amended to read as follows:
"The City Council does hereby adopt all
of the.Uniform Plumbing Code, 1973 Edition,
which was approved by the International
Association of Plumbing and Mechanical Officials,
one copy of this is certified as a true copy
and is on file in the office of the City Clerk
and which is hereby adopted by reference., Said
code which is hereby adopted by reference is
made a part of this ordinance as though set
forth at length in this section."
SECTION 2: Section 8 of Ordinance Not 487 is hereby
amended to read as follows:
- "The City Council does hereby readopt all of
the Uniform Wiring Code, (1968) Edition, except
Article 2, Section 20.9 and Section 20.12 and
Article 3 pertaining to certain fees as herein-
after set forth. The-Uniform Wiring Code, 1968
Edition, with exceptions as hereinabove noted,
was published by Building News, Inc., one copy
of which is certified As a true copy and is on
file in the office of the City Clerk and which
is hereby adopted by reference. Said code, which
is hereby adopted by reference, with the excep-
tions noted, is made a part of this ordinance
as though set forth in length in this section."
Section 20.9 and Section 20.12 of Article 2 of the 1968
Edition of the Uniform Wiring Code is not adopted and in lieu thereof
the following is adopted:
"PERMITS, REGULATIONS CONCERNING
(a) An electrical permit may be issued only to the
following persons:
1. To one who holds a valid, unsuspended, unrevoked
and unexpired ELECTRICAL CONTRACTOR'S LICENSE,
2. To one who holds a valid, unsuspended, unrevoked
and unexpired Electrical MAINTENANCE LICENSE.
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3. To an OWNER of a single family dwelling for
electric wiring of said dwelling, occupied:
as his residence, §roviding said OWNER holds
a valid unsuspended, unrevoked and unexpired
HOMEOWNER'S CERTIFICATE OF COMPETENCY issued
by the Board of.Electrical Examiners of the
City of Lake Elsinore or by any other
governmental agency giving an examination,
the scope and character of whid� in the opinion
of the Administrative Authority, is equal to
that given by the Board of Electrical Examiners.
MAINTENANCE ELECTRICIANS
Any person, industrial establishment, office building or
hotel, regularly employing one or more journeymen electri-
cians for the purpose of installation, alteration, main-
tenance and /or repairs on the premises, shall obtain a
maintenance electrician license.
(a) It will be necessary to register the name, address,
and valid certificate of competency, number of a
journeyman electrician regularly employed by a
person, firm or corporation before a maintenance
license is issued.
CERTIFICATE OF QUALIFICATION FEES
1. Application for Journeyman Certificate : . , $10.00
2. Yearly Renewal of Certificate.. . . . . $5.00
3. Homeowners Certificate . . . . . . . . . . . $2.50
UNDERGROUND SERVICE
1. All commercial enterprises engaged in trade or
furnishing services including multi- family
residential occupancies consisting of three or
more apartments shall be provided with under-
ground electrical service connection from the
serving utilities system."
Article 3 of the Uniform Wiring Code, 1968 Edition, pertain-
ing to certain fees is not adopted, but in lieu thereof there is hereby
adopted the following fee schedule which shall read as follows:
"OUTLETS
First 20
Add. Over
LIGHT FIXTURES
First 20`
Add. Over
MISC.
Ceiling Fan
X -Ray Machine
Sterilizer
Dental Unit
Barber Pole
Welder
Sub -panel
- 2 -
$:35 ea.
$.15 ea.
$.35 ea.
$.15 ea.
$2.00 ea.
$4.00 ea.
$2.00 ea.
$2.00 ea.
$4.00 ea.
$4.00 ea.
2.00 ea.
Temp; Power Pole
$5.00
ea.
Ranges
$2.00
ea.
Dryers
$2.00
ea.
Water Heater
$2.00
ea.
Garbage Disposal
$2.00
ea.
Dishwasher
$2.00
ea.
- Space Heater
$2.00
ea.
Automatic Washer
$2.00
ea.
Any appliance with 1/2 hp, motor
$2.00
ea.
MOTORS
0 - l hp
$2.00
ea.
1 - 5 hp.
$3.00
ea.
5 - 20 hp
$4.00
ea.
20 - 50 hp
$6,00
ea.
50 - 100 hp
$13.00
ea.
100 - over hp
$20.00
ea.
SIGNS
I transformer
$5.00
ea.
Add.
$x.00
ea.
SERVICE
0 -600 V Not over 200 A
$2.50
0 -600 V Not over 200 A
$5.00
Over 600 V
$30.00
TEMP. UNDERGROUND & WORK - WITH
SERVICE
Temp. underground
$5.00
_I Temp. work -with (residential)
$2.50
Temp. work -with (commercial)
$5.00
SECTION 3: This ordinance shall take effect immediately
upon its adoption, being necessarily and urgently required for the
immediate preservation of the public peace, health and safety of the
City of Lake Elsinore.
SECTION 4: The City Clerk is hereby ordered to certify
the adoption of this ordinance and to cause the same to be published
in accordance with the law.
ADOPTED b the City Council and signed by the Mayor and
attested to by the City Clerk this 25th day. of June , 1973.
s /Norman L. Chaffin
MAYOR F THE CITY OF LAKE ELSINORE
ATTEST:
s /Jeanette Simpson
DEPUTY I CLERK OF THE CITY OF LAKE . LSIN
-3-
ORDINANCE NO, 526
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFOR-
NIA, REZONING CERTAIN REAL PROPERTY FROM ITS PRESENT
ZONE TO R (RECREATION DISTRICT) ZONE OR DISTRICT;
AND AMENDING ORDINANCE NO. 349.
THE MAYOR AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE.,
CALIFORNIA, DO ORDAIN AS FOLLOWS:
Section 1: The following described real property located
in the City of Lake Elsinore, California, is removed from its present
district or zone and is hereby rezoned to R (Recreational District).
The property which is hereby rezoned is all that certain real property
which is located in the City of Lake Elsinore, County of Riverside,
State of California, and more particularly described as follows:
The Southeast 1/4 of the Northeast 1/2 of Section
10, Township 6 South, Range 4 West, San Bernardino
Base and Meridian.
Section 2: In the event that the property owners fail to
put'the property to the use or uses allowed within R (Recreational
District) within three months from the effective date of this ordi-
nance, and fail to complete the development for the purposes allowed
in said zone or district within said time, then, and in that event,
the property above described shall revert to the zone or district
in which said property was zoned prior to this ordinance.
Section 3: Ordinance No, 349 of the City of Lake Elsinore,
California, is hereby amended to effect a rezoning of the above
described property.
Section 4: The City Clerk is hereby ordered and directed
to certify the passage of this ordinance and cause the same to be
published in the manner provided by law.
ADOPTED by the Mayor and City Council and signed by the
Mayor and attested to by the City Clerk this 9th day of October,
r
1973.J�i -
J 1AAYOR OFF THE CITY OFLAKE ELSINORE
ATTEST: C�
IVY CLERK OF
LAKE ELSINORE
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I, Florene Marshall, City Clerk of the City of Lake Elsinore,
California, hereby certify that the foregoing Ordinance was duly and
regularly introduced at a meeting of the City Council on the 24th day of
September, 1973, and was duly adopted on the 9th day of October, 1973, at
I�
a meeting duly held by the following vote, to wit:
Ayes: Councilmen Larry Cartier, Frank DePasquale, Jerry
Harmatz, Cy Perkins, Mayor Norman Chaffin.
Noes: None
Absent: None
In witness whereof, I have hereunto set my hand and affixed the official
seal of the City of Lake Elsinore, California, this 9th day of October, 1973,
City Clerk of the City of Lake Elsinore
1
i
.c\ T
ORDINANCE NO. 527
AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
AND PROVIDING PENALTIES FOR VIOLATIONS
The City Council of the City of Lake Elsinore, California does ordain as follows:.
Section 1. SHORT TITLE. This ordinance shall be known as the Uniform Local Sales and Use Tax Ordinance.
Section 2. RATE. The rate of sales tax and use tax imposed by this ordinance shall be .01
Section 3. OPERATIVE DATE. This ordinance shall be operative on January 1, 1974.
Section 4. PURPOSE. The City Council hereby declares that this ordinance is adopted to achieve the
following, among other, purposes, and directs that the provisions hereof be interpreted in 'order to accomplish
those purposes:.
(a) To adopt a sales and use tax ordinance which complies with the requirements and limitations
contained in Part 1.5 of Division 2 of the Revenue and Taxation Code;
(b) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the
Sales and Use Tax ,Law of the State of California insofar as those provisions are not inconsistent with the
requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code;
(c) To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that
can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully
as practicable to, and requires the least possible deviation from the existing statutory and administrative
procedures followed by the State Board of Equalization in administering and collecting the California State
Sales and Use Taxes;
(d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the
degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code,
minimize the cost of.collecting city sales and use taxes and at the some time minimize the burden of record
keeping upon persons subject to taxation under the provisions of this ordinance.
Section 5. CONTRACT WITH STATE. .Prior to the operative dote this city shall contract with the State
Board of Equalization to perform all functions incident to the administration and operation of this sales and use
tax ordinance; provided, that if this city shall not have contracted with the State Board of Equalization prior to the
operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the
first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter
following the adoption of this ordinance.
Section 6. SALES TAX. For the privilege of selling tangible personal property at retail a tax is hereby
imposed upon all retailers in the city at the rate stated in Section 2 of the gross receipts of the retailer from the
sale of all tangible personal property sold at retail in this city on and after the operative date.
Section 7. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the
place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent
to an out -of -State destination or to a common carrier for delivery to an out -of -State destination. The gross receipts
from such sales shall include delivery charges, when such charges are subject to the State sales and use tax;
regardless of the place to which delivery is .made. In the event a retailer has no permanent place of business in
the State or has more than one place of business, the place or places at which the retail sales are consummated
shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.
BT -527 -A REV. 1 (8 -73)
Section 8. USE TAX. An excise tax is hereby imposed on the storage, use or other consumption in this city
of tangible personal property purchased from any retailer on and after the operative date for storage, use or other
consumption in this city at the rate stated in Section 2 of the sales price of the property. The sales price shall
include delivery charges when such charges are subject to State sales or use tax regardless of the place to which ;
delivery is made.
Section 9. ADOPTION OF PROVISIONS OF STATE LAW. Except as.otherwise provided in this ordinance
and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxa-
tion Code, all of the provisions of Part 1 of Division 2 of'the Revenue and Taxation Code are hereby adopted and
made 'a part of this ordinance as though fully set forth herein. -
Section 10. LIMITATIONS ON ADOPTION OF STATE LAW. In adopting the provisions of Part 1 of Division
2 of the Revenue and Taxation Code, wherever the State of California is named or referred to as the taxing agency, _
the name of this City shall be substituted therefor. The substitution, however, shall not be made when the word
"State" is used as part of the title of the State Controller, the State Treasurer, The State Board of Control, the
State Board of Equalization,: the State Treasury, or the Constitution of the State of, California; the substitution
shall not be made when the result of that substitution would require action to be taken by or against the City, or
any agency thereof ,rather than by or against the State Board of Equalization,' in performing the functions incident
to the administration or operation of this. ordinance; the substitution shall not be made in those sections, including,
but not necessarily limited to, sections referring, to the exterior . boundaries, of the State of California, where the
result of the substitution would be to provide an exemption from this Tax with respect to certain sales, storage, use
or other consumption of tangible personal, property which would not otherwise be,exempt from this tax while such
sales, storage; use or other consumption remain subject to, tax, by the' State under the provisions of Part l of
Division 2 of the Revenue and Taxation Code; or to impose this tax with respect to certain sales, storage, use or
other consumption of tangible personal property which would not be subject to tax by the State under the said
.provisions of that Code; the substitution shall not be made in Sections. 6701,6702 (except in the last sentence
thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation-Co-de; and the substitution shall not be made
for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition
of that phrase in Section 6203.
Section 11. PERMIT NOT REQUIRED.. If a, seller's permit has been issued to a retailer under Section 6067
of the Revenue and Taxation Code, an additional seller's permit shall not be required by this ordinance.
"Section 12.' EXCLUSIONS AND EXEMPTIONS. There shall be excluded from the measure of tax:
(a) The amount.of any sales or use tax imposed by the State of California upon a retailer or consumer. i
(b) The storage, use or other consumption of tangible personal property, the gross receipts from the _
sale of which has been; subject to sales tax ;under a, sales and use tax ordinance enacted in accordance with
Part 1.5 of Division 2 of th e Revenue and Taxation Code by any city and county, county, or city in this State.
(c)' Thegroes receipts from sales -to, and the .'storage, use or other consumption of property purchased
by, operators of' common carriers and waterborne vessels to be used or consumed in the operation of such
common carriers or waterborne vessels principally outside This city.
(d) The storage or use of Tangible personal property in the transportation or transmission of persons,
property or communications, or in the generation, transmission or distribution of electricity or in the manu-
facture, transmission or distribution of gas in intrastate, interstate or foreign commerce by public utilities
which are regulated by the Public Utilities Commission of the State of California.
Section 13. EXCLUSIONS AND EXEMPTIONS.
(a) The amount subject to Tax shall not include any salesll or use Tax imposed. by the State of California
upon a retailer or consumer.
BT -527 -A REV. 1 (8 -73) - 2 -
(b) The storage, use, or other consumption of tangible personal property, the gross receipts from the
sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with
Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this
State shall be exempt from the tax due under this ordinance.
(c) There are exempted from the computation of the amount of the soles tax the gross receipts fromrthe
sale of tangible personal property to operators of waterborne vessels to be used or consumed principally
outside the city in which the sale is made and directly and exclusively in the carriage of persons or property
in such vessels for commercial purposes.
(d) The storage, use, or other consumption of tangible personal property purchased by operators of
waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of
persons or property of such vessels for commercial purposes is exempted from the use tax.
(e) There are exempted from the computation of the amount of the sales tax the gross receipts from
the sale of tangible personal property to operators. of aircraft to be used or consumed principally outside the
city in which the,sa)e is made and directly.and; exclusively in,the, use,of such aireraft,as common carriers
of •persons or property f under the, authority of the ,laws of ,this state,..the United States, or any foreign
government: : c. 9 :..:..i . , r '! c. i ,,:. -. , J'
(f) In "addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation
Code the storage, use, or other, consumption „of.tangible personal property purchased by operators of aircraft
and used or consumed by such; operators directly and exclusively in..the use of such aircraft as common
carriers of persons or property for hire or compensation under a certificate of public convenience and neces-
sity issued pursuant to the laws of this state, the United States, or any foreign government is exempted
from'the use tax.
Section 14. APPLICATION OF'PROVISIONS RELATING TO EXCLUSIONS AND EXEMPTIONS.
(a). Section ''13'of this ordinance- shall: become operative on January ist of the year following the year
in which the State Board of Equalization adopts an assessment ratio for state - assessed property which is
identical to the ratio which is required for local assessments by Section 401 of the Revenue and Taxation
Code, at which time Section 12 of this ordinance shall become inoperative.
(b) In the event that Section 13 of this ordinance becomes operative and the State Board of Equalizo-
— tion subsequently adopts an assessment ratio "for the state- assessed property which is higher than the ratio
which is required for local assessments by Section 401 of the Revenue and Taxation Code, Section 12 of .
this ordinance shall become operative on the first day of the month next following the month in which such
higher" ratio is adopted, at which time Section 13, of this ordinance shall be inoperative until the first day of
the "month following the month "in wiich'rtherBoard again adopts an assessment ratio for state- assessed”
property which is .identical to the ratio required for local assessments. by Sectiorr.:401:of the Revenue and
Taxation Code, at which time Section 13 shall again become" operative and Section,12 shall become inopera-
tive.
Section 15. AMENDMENTS. All subsequent amendments of the Revenue and Taxation Code which relate to
the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code
shall automatically become a part of this ordinance.
Section 16. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or
equitable process shall issue in any suit, _action or proceeding in any court against the State or. this City, or
against any officer of the State or this City, to prevent or enjoin the collection under this ordinance; or Part L5 of
Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
BT -527 -A REV. 1 (9 -73) - 3-
Section 17. PENALTIES. Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor, and.upon conviction thereof shall be punishable by a fine of not more than $500.00!or by
imprisonment for a,period of not more than six months, or by both such fine and imprisonment.
Section 18. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance and the application of such provision to other pers'dns
or circumstances shall not be affected thereby.
Section 19. REPEALS. Ordinance No. 374` as amended by Ordinance No. 401 g.;
is hereby repealed; provided, however, that said ordinance, as amended, shall remain applicable for the purposes
of the administration of said .ordinance and the imposition of and the collection of tax with respect to the sales of,
and the storage, use, or other consumption of tangible personal .property prior to January 1, 1974, the making of i
refunds, effecting credits, the disposition of monies :collected, and for the commencement or continuance of any
action or proceeding under<soid: ordinance.
Section 20. The City Council does hereby declare and determine that this -
ordinance is an emergency ordinance for.the immediate preservation of the public
peace, health and safety and relates to taxes for the usual and current expenses
of the City as set forth in Section 36937 of the Government Code of the State of
California and that this Ordinance shall take effect immediately upon its adoption.
Passed, Approved and Adopted by the Mayor and City Council and signed by the
Mayor and attested by the City Clerk this 9th day of October, 1973.
&11L
affin
ayor
City of Lake Elsinor
ATTEST:
Florene Marshall
City Clerk .
City of Lake Elsinore
1, Florene Marshall, City Cleric of the City of Lake Elsinore, do hereby certify
that the foregoing Ordinance was duly and regularly introduced at a meeting of
the City Council on the 9th day of October, 1973 and was duly adopted on motion
Councilman Perkins, seconded Councilman DePasquale and carried on the following
vote to wit:
Ayes: Councilmen Cartier, DePasquale, Harmatz, Perkins,
Mayor Chaffin.
Noes: None
Absent: None
In witness whereof, I have hereunto set my hand and affixed the official
seal of the City of Lake Elsinore, California, this 9th day of October, /1973.
City Clerk
BT- 527 -A REV. 1 (8 -73) -4-
ORDINANCE NO. 528
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING SECTION :2 OF ORDINANCE
NO. 527 BY ESTABLISHING THE SALES TAX.RATE
AND USE TAX RATE AS SET FORTH IN ORDINANCE
NO. 504 AND PROVIDING THAT THIS ORDINANCE
BE DEEMED AN EMERGENCY ORDINANCE AND SHALL
TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION.
The Mayor and City Council of the City of Lake Elsinore,
California, do ordain as follows:
SECTION 1: Section 2 of Ordinance No. 527 pertaining
to Sales Tax and Use Tax rates is hereby amended to read as
follows:
"Section 2: RATE, The rate of Sales Tax
-and Use Tax imposed by this Ordinance shall
be fixed in the amounts as set forth in
Ordinance No. 504 to which reference is
hereby made, and said rates are hereby
incorporated by reference as if more fully
set forth herein."
SECTION 2: The City Council does hereby declare and
determine that this ordinance is an emergency ordinance for the
immediate preservation of the public peace, 'health and safety and
relates to taxes for the usual and current expenses of the City
as set forth in Section 36937 of the Government Code of the State
of California and that this Ordinance shall take effect immediately
upon its adoption.
SECTION 3: The City is hereby ordered to certify to the
adoption of this Ordinance.
ADOPTED by the City Council and signed by the Mayor and
attested to by the City Clerk this 12th day of November, 1973.
r
7AYOR O' THE CITY OF LA ELSINORE
ATTEST:
r
CITY CLERK OF THE IO TY OF LAKE ELSINORE
ORDINANCE NO. 530
AN ORDINANCE OF THE CITY OF LAKE ELSINORE. CALI-
FORNIA, AMENDING SUB - SECTION (2) OF SUB - SECTION
(A) OF SECTION 17 OF ORDINANCE NO. 480 bMICH IS
AN AMENDMENT TO ORDINANCE NO. 349 BY DELETING
SAID SUB - SECTION FROM SAID ORDINANCE,
i
I� The City Council of the City of Lake Elsinore, California,
does ordain as follows:
SECTION 1: Sub- Section (2) of Sub- Section (A) of Section
17 of Ordinance No. 480 which is an amendment to Ordinance No. 349
by deleting said Sub - Section from said ordinance is amended, The
Sub- Section being deleted hereby reads as follows:
11(2) An annual permit shall, be issued by the Building
Inspector for each mobilehome located on an indivi-
dual lot. Such annual permit fee shall be twenty -five
(25) dollars and shall be in addition to any other
fees required by law."
SECTION 2: The City Clerk is hereby ordered to certify
to the adoption of this ordinance and to cause the same to be published
in accordance with the law.
ADOPTED by the City Council and signed by the Mayor and
attested to by the City Clerk this 26th day of Novenber , 1973.
OF T TH E I OF . KE ELS MORE
ATTEST: r
CITY CLERK OF THE CITY OF LAKE ELSINORE
ORDINANCE NO. 531
AN ORDINANCE OF THE CITY OF LAKE ELSINORE. CALI-
FORNIA, REZONING CERTAIN REAL PROPERTY FROM ITS
PRESENT ZONE OF R -1 (SINGLE FAMILY RESIDENCE
DISTRICT) TO M -C ( MOBILE HOME COMMUNITY DISTRICT)';
AND AMENDING ORDINANCE NO. 349.
THE MAYOR AND THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DO ORDAIN AS FOLLURS
SECTION 1: The following described property located in
the City of Lake Elsinore, California, is hereby removed from its
present district as R -1 (Single Family Residence District) to M -C
(Mobile Rome Community District). That the property which is
rezoned is all that certain real property which is located in the
City of Lake Elsinore, County of Riverside, State of California,
and more particularly described as set forth in the legal descrip-
tion which is attached hereto and made apart hereof and referred
to as Exhibit A and a map attached hereto and marked Exhibit 8.
i —I
SECTION 2: In the event the property owners fail to
obtain an approval by the City Council of a final map within six (6)
months from the effective date, of this Ordinance, and fail to make
application and receive a building permit and commence construction
of the development within eight (8) months from the effective date
of this Ordinance, and fail to complete the development within
eighteen (18) months from the effective date of this Ordinance,
then in that event, the property above described shall revert to
the R -1 (Single Family Residence District).
SECTION 3 Ordinance No. 349 of the City of Lake Elsinore,
California, is hereby amended to effect the rezoning of the above
described property in accordance with the provisions as hereinabove
set forth.
SECTIOI4 4: The City Clerk is hereby ordered and directed
to certify the passage of the Ordinance, and cause the same to be
F _. _pii:isiYed'• "itTi mariner pfovi "ded i-yy'`iuw,
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407031
2Page 2 Schedule A
vrith the center 11.ne of Pennsylva.niz SY,reet, thence outherly along; the
said center line of Pennsylvania, a distance o.f 500 feet, more or less,.
to its intersection with the Easterly proton ation of the North line
of Lot 11, Block 311; thence Westerly alonrle the said prolon,;ation a
distance of 635 .feet, more or less, to its intersection wiili the ce �r.
line of ':Taine Street; thence Southerly along; the said center .line o-
Maine Street to a point beinff the Easterly prolonmation of the Hortl' I
line of Lot 40, Block 41; thence Westerly alon? the said. prolongation '
and beyond, a total distance of 52.0 feet, more or, less; to the South
east corner of Lot 4, Block 112; thence Northerly along the East line
of.said Lot 4, a distance of 50 feet, to the Northeast corner thereof;
thence Westerly alon-7 the North line of said Lot 4, .a distance of 135.
feet, to the T•Jorthwest corner thereof, said point also being a point
on the Easterly side of TTebraska Avenue; thence Northerly aeon; the
said Easterly side of TTebrasha .Avenue a distance of 510 feet, more or;
less, to the Northwest corner of Lot fI, B7.ock 31; thence Easterly
along the North line of said Lot 4, a distance of 135 feet to `:the
Northeast 'corner thereof, thence Northerly along; the East side of Lot....
3, Block 31, a distance of 50 feet, more or less., to the ?lortheast
corner of said Lot 3; thence Westerly, a distance.of 185 feet to the
Southeast corner of Lot 17, Block 30, being also a point on the Westerly
line of Nebraska Street; thence lJortherly alone; the said Westerly line
of Nebraska Street a distance of 115 feet to the Southeast corner of
Lot 11,.Block 27; thence Westerly a distance of 105 feet to the South=
wrest corner of Lot 8, Block 27; thence Northerly along - the West line
of said Lot 8, a distance of 135 feet, to the Northwest corner of
'said Lot 8 being also a point on the South line of Broadway; thence
Easterly on said South line of Broadway 105 feet to -the Northeast
corner of Lot 11, Block 27; thence :lortherly, a distance of 100 feet f
more or.less, to the Southeast corner of Lot 11, -Block 18; 'thnce
Westerly along the South line of said Lot 11, a'di.stance of-30'
feet;
to the Southwest corner thereof; thence Northerly along the West line
of said Lot 11 ; a distance of 135 feet, to the Northwest, corner .thereof;.
thence, Easterly along the North line of said Lot,ll, a distance of
30.feet'to the Northeast cornier of said 'Lot ll, being also.a point one
the Westerly line of Nebraska Street; thence Northerly along said
Westerly. line of Nebraska Street, a distance of 65 :feet, more or less,`.
to the Northeast corner of Lot 10, Block 15; thence Easterly a:distance
of 80 feet, more or less, to the Southwest corner of Lot 8, Block 111,
being also a point on the Easterly line of Nebras a.. Street; thence
• Northerly along said Easterly line of. Nebraska Street, a distance,of
300,feet to the Southwest corner of Lot 2, Block 14;.thence Easterly
along the South line of said °Lot 2, a distance of .135 feet. to the
Southeast corner of said Lot 2; thence Northerly along the`East line
of. said Lot 2, a distance of 50 feet to the llortheast. corner of said.
Lot ;2; thence Westerly along; the North line of said hot 2 and a: pro
]ongation thereof, a distance of 805 feet, more or less, to a: point
on the ,North -South center line of Section 34,,4osvnshiP 5' South
,. Range
5 West, San Bernardino Base and Meridian; thence Northerly along- the
k 1 t F:•
..
' 7
X,
407031
1,
Il
5EClJ717Y !
'TITL l;.
. 52
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ADOPTED by the Mayor and City Council and signed by the
Mayor and attested to by the City Clerk this 10th day of December,
1973.
s /Lawrence A. Cartier
MAYOR/ CIT OFT K k"SZ' TORE '
Pro Tem
i
ATTEST:
I
s Florene Marshall
C,IiY R5 OF THE C 1' OF LA ELSSINURIE
I, FLORENE MARSHALL, the City Clerk of the City of
Lake Elsinore, California, hereby certify that the foregoing
Ordinance was duly and regularly introduced at a meeting of the
I
City Council on the 26th day of November, 1973, and was duly
adopted on the 10th day of December, 1973, at a meeting duly held
by the following vote, to wit:
AYES: Councilmen DePasquale, Harmatz,. Perkins, Mayor Pro Tem Cartier.
NOES: None
ABSENT: Mayor Chaffin.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Lake Elsinore, California,
this 11th day of December, 1973.
CITY CLERK OF TRD�`C71O.i.AL LAKE ELSINUME
ORDINANCE 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
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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.
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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.
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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. "
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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.
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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 ".
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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
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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.
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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
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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.
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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:
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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.
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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-
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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.
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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.
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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
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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.
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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
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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
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information as required for item Nos. 1 thru 20 as designated
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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'._ _. "'
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
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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
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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.
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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.
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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
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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.
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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