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HomeMy WebLinkAboutNS-1073ORDINANCE NS-1073 REPEALING AND RE-ENACTING ARTICLE IV, ARTICLE V, AND ARTICLE VII OF CHAPTER 34 OF THE SANTA AHA MUNICIPAL CODE TO MAKE IT COMPATIBLE WITH THE STATE CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Article IV of Chapter 34 of the Santa Ana Municipal Code is hereby repealed and re-enacted to read as follows: ARTICLE IV. PARCEL MAP Sec. 34-98. Applicability of article--Areas excluded. The provisions of this article shall not have any effect on or reference to an area included within a recorded final map of subdivision into lots of not more than twelve thousand (12,000) square feet. Sec. 34-99. Applicability of article--Areas included. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. This article shall apply to any division of any real property, improved or unimproved, or a portion thereof, shown on the latest adopted county tax roll as a unit or as contiguous units, which is divided for the purpose of sale, lease or financing, whether immediate or future, if any of the following conditions prevail: (1) The whole parcel before division contains less than five (5) acres, each parcel created by the division abuts upon a public street or highway and no dedications or im- provements are required by the governing body. (2) Any parcel or parcels divided into lots or parcels, each of a gross area of twenty (20) acres or more, and each of which has an approved access to a maintained public street or highway. (3) 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 governing body as to street alignments and widths. (4) Any parcel or parcels of land divided into lots or parcels, each of a gross area of forty (40) acres or more, or each of which is a quarter-quarter section or larger. (5) Any parcel of land divided into four (4) or less parcels. Sec. 34-100. Other provisions to apply. The provisions of articles I, II, and III of this chapter shall apply to and have full force and effect upon all land divisions covered by this article. -1- Sec. 34-101. Preliminary parcel map. Copies of a preliminary parcel map filed under this article showing the location and dimensions of the proposed lots shall be filed with the Planning Director. The number of copies shall be determined by the Planning Director. Sec. 34-102. Additional information. The planning director may require the subdivider under this article to furnish additional information or data but not more than that required in this chapter for a tentative map on a subdivision of five (5) or more lots, whenever he shall determine that such information or data is necessary to insure the safe and reasonable development of the neighborhood in conformance with the intent of this chapter. Sec. 34-103. Procedure and time limits to consider map. Within not more than thirty (30) days from the date of receiving the preliminary parcel map, the Planning Director shall submit the map to the City Council, together with his recommendations and comments and those of the City Engineer. At their next regular meeting, the City Council shall approve, conditionally approve, or disapprove said map. Sec. 34-104. Assurance of improvement completion. As a condition of its approval, the city council shall require such bonds, contracts or other sureties as in its judgment, and in conformance with the advice of the city attorney, may be necessary to assure the required dedications of land to public use and the completion of required improve- ments under this article. Sec. 34-105. Parcel map. After approval of the preliminary parcel map by the City Council, a map conforming to the preliminary parcel map as approved shall be prepared by a licensed surveyor or registered civil engineer and filed within one year as a parcel map pursuant to the provisions of Section 8762 of the Business and Professions Code of the State of California. Upon application of the owner of the land contained within the preliminary parcel map, an extension of time, not to exceed one year, may be granted by the Planning Director. In granting such extension of time, the Planning Director may require compliance with additional requirements deemed necessary to carry out the spirit and intent of this article. Sec. 34-106. Conveyance of properties. No property covered by the provisions of this article or interest therein, may be conveyed prior to the filing of the parcel map required in section 34-105. Sec. 34-107. Penalties. Any conveyance of property, or interest therein, made con- trary to the provision of this article shall be subject to the provisions of sections 11540 and 11540.1 of the Business and professions code; and the chief building inspector of the city shall not issue any permit for construction or repair of any such structures on such property. -2- Sec. 34-108. Preparation by qualified person; compliance with law. The subdivider shall cause the preliminary parcel map of land proposed to be subdivided to be prepared by a registered engineer or a licensed land surveyor and such preliminary map shall be in full compliance with this article and the Subdivision Map Act. Sec. 34-109. Appeal. If the subdivider is dissatisfied with the decision or recommendation made by the Planning Director, he may appeal in accordance with Sections 34-129 through 34-133. Secs. 34-110--34-118. Reserved. ARTICLE V. TENTATIVE MAP Sec. 34-119. Filinq map and data. The subdivider of a subdivision shall file with the Planning Director white copies of a tentative map of such subdivision, which copies shall be accompanied by an owner's statement and accompanying data as required and made in accor- dance with the provisions of this article. The time of filing a tentative map shall be construed to be the time at which the same, together with required data, is received in the office of the Planning Director. The number of copies shall be determined by the Plannind Director. The Planning Director shall indicate the date of filing upon all copies of the tentative map and accompanying data and thereafter shall transmit one copy of the map to each of the following: (1) the City Engineer; (2) the Orange County Planning Commission; (3) each city entitled by law to review and recommend thereon; (4) the Real Estate Commissioner of the State; (5) the District Engineer of the Division of Highways of the State; (6) the school districts; (7) the Parks Department; (8) each privately owned utility serving the area. One copy of the accompanying data, if any, shall be for- warded to the City Engineer. Sec. 34-120. Preparation by qualified person; compliance with law. The subdivider shall cause the tentative map of land pro- posed to be subdivided to be prepared by a registered civil engineer or a licensed land surveyor and such tentative map shall be in full compliance with this article and the Subdivision Map Act. -3- Sec. 34-121. Form of maD. The tentative map shall be clearly and legibly drawn. The minimum dimensions of the map shall be eighteen inches (18") by twenty-six inches (26"). The scale of the map shall be large enough to show clearly all details thereof, and in no instance shall it be smaller than one inch (1") equals one hundred feet (100'). Sec. 34-122. Data to be shown. The tentative map shall contain the following information: (1) The tract name; (2) The tract number as secured from the county surveyor; (3) Sufficient description to define the location and boundaries of the proposed subdivision; (4) The name and address of record owners; (5) The name and address of the subdivider; (6) The name, business address and registered engineer's number or licensed land surveyor's number of the person preparing the map; (7) The approximate acreage of the subdivision; (8) the locations, names and existing widths of adjacent streets, alleys and ways and their approximate grades; (9) The locations, names and widths of all existing or proposed streets, alleys and ways in the subdivision and their approximate grades; (10) The center lines of existing streets whenever such have been officially designated by the city engineer or county officials; (11) The approximate widths and locations of all existing or proposed easements for drainage, sewage and public utilities; (12) Approximate radius of each curve; (13) Approximate lot layout and approximate dimensions of each lot; (14) The size of the smallest lot in the tract; (15) Approximate dimensions of reservations; (16) Location of required or proposed set-back lines; (17) The location, width and directional flow of all watercourses and the approximate boundaries of areas subject to inundation or storm water overflow; (18) Plan and easements for drainage and for handling storm water; (19) Existing use or uses of the property and, to scale, the outline of any existing structures and their locations in relation to proposed street and lot lines. (20) Statement of the present use zone and the proposed use or uses of the property; (21) Location of the nearest source of water supply from the city's water distribution system; (22) Provision for sewerage and the location of the nearest Usable~city sewer main; (23) Lands and parks to be dedicated for public use, if any; (24) Contours at five foot (5') intervals if slope greater than ten per cent (10%); (25) Contours at two foot (2') intervals if slope less than ten per cent (10%); -4- (26) Statement of the improvements and public utilities proposed to be made or installed; plus tabulation showing the total lineal feet and sizes of sewer main; number of sewer laterals; lineal feet and sizes of water mains; number of water services; lineal feet of curb and gutter; lineal feet of sidewalk, exclusive of land- ings; number of curb returns; and square feet of pave- ment; (27) Approximate location of all trees standing within the boundaries of proposed public rights of way or easements; (28) Tract numbers of adjoining subdivisions; (29) Existing use of property immediately surrounding the subdivision; (30) In a subdivision which may reasonably be expected to be resubdivided in whole or in part at some future time, there shall be shown in dotted lines on tentative map, a plan of future street extensions with special consideration given to drainage; (31) Type and locations of street lights to be installed; (32) Date, north arrow and scale. Sec. 34-123. Owner's statement. Such of the information required in section 34-122 as may not prac%icably be shown on the map shall be contained in owner's written statement accompanying the same. Sec. 34-124. Index map. When the area to be subdivided is not shown on one sheet of the required size, the planning director may require the sub- mission of a map showing the entire area and indicating street and lot lines only. Sec. 34-125. Assistance from planninq director. The planning director shall advise with the subdivider and supply whatever information is available which can be of assistance in the development of an efficient and beneficial residential, commercial or industrial area. Sec. 34-126. Consideration of tentative map. Within a period of not more than fourteen (14) days from the receipt of a copy of any tentative map, each city officer or department to which such copy shall have been transmitted shall file with the planning director his or its approval or disapproval of such tentative map or a report showing what changes are necessary or desirable to make such tentative map conform to the requirements of this chapter coming within the jurisdiction of such officer or department. Failure to file the report shall indicate approval of the map. Sec. 34-127. Actign on maD by planning director. The planning director shall review the recommendations of said departments and officers and, if satisfied that the design of the subdivision conforms to the requirements of this chapter, shall approve the map within thirty ~3Q) days ~.. after the filing of such map, unless such time is ex~ended by agreement with the subdivider. If the planning director finds that the map does not conform, or if substantive objections or recommendations for changes have been made in the reports from city officers or departments, the planning director shall disapprove or conditionally approve the map within said time. He shall there- upon notify the subdivider of his decisions and action. -5- Sec. 34-128. Transmittal to city council. If no appeal to the planning commission is filed by the subdivider as provided for in section 34-129, the planning director shall, within thirty (30) days of the filing of the tentative map by the subdivider, transmit a copy of the map, the accompanying data, reports and recommendations made by the city officials and a written statement of his own decisions and recommendations to the city council. Sec. 34-129. Appeal to planning commission. If a subdivider is dissatisfied with the decision or recom- mendations for modifications made by the planning director under this article, he may, within five (5) days after such notification, file a written notice of appeal to be heard by the planning commission of the city. Such written notice of appeal shall contain a specific statement of the point or points of disagreement between the subdivider and the planning director and shall set out specifically the points of approval or removal of conditions established by the planning director, desired by the subdivider, and the reasons and justifications therefor. Such written request for hearing must contain a statement by the subdivider of willingness to extend the time of approval of the map for a period of an additional thirty (30) days. Sec. 34-130. Hearinq by the planninq commission. Such appeal from the planning director as provided in section 34-129 shall be placed on the agenda of the planning commission for its next regular meeting, at which time the planning commission shall declare that a public hearing on the matter will be held at its next subsequent regularly scheduled meeting. The intervening time may be used by the planning commission for further investigation of the matters in question. Sec. 34-131. Decision by planninq commission. At the regularly scheduled planning commission meeting set for hearing of the appeal as provided in section 34-129, the commission shall consider the request for reconsideration made by the subdivider and shall seek such additional testimony or advice as they may feel desirable to assist in reaching a decision. The planning commission shall approve, modify or disapprove of the decisions rendered by the planning director. Sec. 34-132. Record of decision to city council. Immediately following the rendering of a decision by the planning conm~ission subsequent to the hearing of an appeal from the decision of the planning director, a copy of the map, accompanying data, reports and recommendations made by city officials and a copy of any recommendations on or modifications of the map made by the planning director and by the planning ~ommission shall be transmitted by the planning director to the city council. Sec. 34-133. Action by city council. The city council shall approve, conditionally approve, or disapprove, the tentative map and shall report the action thereo~ to the subdivider not later than ten (10) days following the first meeting of the city council subsequent to the date on which the report from the planning director or the city planning commission was received. -6- Secs. 34-134--34-144. Reserved. ARTICLE VII. FILING FINAL MAP Sec. 34-176. Time Limit. Within eighteen (18) months after the date of approval or conditional approval of the tentative map by the city council, the subdivider shall cause the proposed subdivision to be surveyed accurately and a final map thereof to be prepared in accordance with the tentative map and with any and all authorizations and changes required thereto; and, within said period, he shall file with the City Engineer a final map of the subdivision Conforming in all particulars to the provision of the Map Act and to the requirements of this Chapter. Failure to file a final map within the time limit established herein shall cause abandonment of the subdivision proceedings. Upon application of the subdivider, an extension of time, not to exceed two (2) years,may be granted by the Planning Director. In granting such extension of time, the Planning Director may require compliance with additional requirements deemed necessary to carry out the spirit and intent of this article. Sec. 34-177. Material and number of maps. The subdivider shall file the original and a duplicate tracing thereof made on tracing cloth of good quality and two (2) white copies of the final map, and the original and a duplicate tracing thereof and two (2) white copies of the title sheet. The city engineer shall indicate the date of filing on all copies of the final map and accompanying data. Sec. 34-178. Certificates of dedication. In the event any dedication is to be made for public use the subdivider shall file a certificate of title, subdivision guarantee, or a dedication letter, in tne name of the owner of the land, issued to or for the benefit and protection of the city by a title company authorized by the laws of the state to write the same, showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interest therein, except where the land contained in such subdivision is registered under the Land Registration Act (Torrens Act) in which latter case a certified copy of the certificate of title shall be furnished. Sec. 34-179. Location of special fills. A drawing and report shall be submitted showing all fills of twelve inches (12") or more. Sec. 34-180. Filinq of improvement plans. The subdivider shall file, either at the time of filing the final map or at a later date as hereinafter provided, detailed plans, profiles and specifications of the improvements to be installed as required by the provisions of this chapter and of all other improvements proposed to be installed by the subdivider in, on, over, or under any street or right of way, easement or parcel of land dedicated by the map including the estimate cost thereof. -7- Sec. 34-181. Fee for map checkinq. On receipt of the final map, the city engineer shall notify the subdivider and the subdivider shall pay a fee for checking the same. Such fee shall be twenty five dollars ($25.00) per map plus one dollar ($1.00) for each lot or parcel in the proposed subdivision. Sec. 34-182. Consideration by planninq director. On receipt of the final map, the city engineer shall imme- diately submit one copy of the final map to the planning directo~ The planning director shall examine said map and if it complies with the approved tentative map and any requirements imposed as a condition to the acceptance of said map, he shall so notify the city engineer by a written statement. Sec. 34-183. Certification by city enqineer. The city engineer shall check the final map as to correctness of surveying data, plans, profiles and specifications of improve- ments, certificates of dedication, acceptances of dedications and acknowledgments and such other matters as require checking to insure compliance with the provisions of the law and the provisions of this chapter. If the final map is in the correct form prescribe~ by the map act and this chapter and the matters shown thereon are sufficient, their correctness shall be certified on the map by the city engineer in the form prescribed by the map act. He sham thereupon transmit said map together with said other materials to the clerk of the council for presentation to the city council. Sec. 34-184. Improvement plans and profiles. The plans and profiles of all improvements required by the provisions of this article, as well as of other improvements proposed to be installed by the subdivider in, over or under any street, alley, way, easement or parcel of land where improvements are required or proposed shall be filed with the city engineer. If all details, plans and profiles of improve- ments are not filed with the city engineer at the time of filing of the final map, the faithful performance bond as required in section 34-186 below shall include a guarantee that the remaining plans a~d profiles will be prepared in accordance with the requirement of the city engineer. In all cases where topography controls the design, all details, plans and profiles of improve- ments required by the city engineer must be submitted at the time of filing of final map. Sec. 34-185. Completion of improvements. If such improvement work is not completed to the satisfaction of the city engineer before the streets are offered for dedication, the owners of the subdivision, concurrently with the acceptance of the final map, shall enter into an agreement with the city council agreeing to have the work completed within the time specified. Said agreement may provide for the improvements to be installed in units, for extension of time under specified conditions, and for the termination of the agreement upon a re- version of the subdivision or a part thereof to acreage. -8- Sec. 34-186. Bond to assure completion of surveys and improvements. To assure that the work specified in said agreement required by section 34-185 will he completed, that all stakes and monuments will he set and that all work performed by city forces will be paid for, a corporate surety bond must be furnished guaranteeing the faithful performance of the work and the payment of any costs to the city in a sum equal to the total as approved by the city engineer. Sec. 34-187. Certificate on taxes or assessments. The official computing redemptions shall issue to the subdivider a certificate that according to the records of his office there are no liens for unpaid municipal taxes or special assessments, collected as taxes, except taxes or special assessments, not yet payable, against said subdivision or any part thereof, and as to the latter an estimate of taxes and assessments that are a lien but not yet payable. Sec. 34-188. Bond of subdividers against assessments. In the event that the subdivision, or any part thereof, is subject to a special assessment which may be paid in full, the subdivider is authorized, in lieu of paying the same in full, to file a bond with the board of supervisors of the county in an amount not less than the unpaid balance of the principal of said special assessment payable to the county as trustee for the assessment bondholders for the payment of such special assessments. Sec. 34-189. Action by city council. At its next meeting or within a period of not more than ten (10) days after the filing of the final map with the city council, the city council shall approve said map if the same conforms to all the requirements of the map act and of this chapter applicable at the time of approval of the tentative map and any rulings made thereunder. At the time of approval said council shall also accept or reject any or all offers of dedication and as a condition precedent to the acceptance of any streets or easements shall require that the subdivider improve said streets or easements in accordance with this chapter. Upon the execution by the subdivider of said agreement and the posting of the bond or the deposit of money or negotiable bonds required by this article, the map of said subdivision forthwith shall be approved and accepted for recordation. Title to property so accepted shall not pass until the final map is duly recorded under the provisions of the map act and of this chapter. Sec. 34-190. Continuing offer of dedication. If, at the time the final map is approved, any streets are rejected, the offer of dedication shall be deemed to remain open and shall not be subject to revocation; and the city council may, by resolution at any later date and without further action by the subdivider, rescind its action and accept and open said streets for public use, which acceptance shall be recorded in the office of the county recorder. If a re-subdivision or map showing reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the city council. -9- Sec. 34-191. Drainage areas--Established. The city is divided into thirteen (13) local drainage areas. Development of property within said local drainage areas will require construction of the facilities described in the engineering studies and reports adopted by the drainage element of the master plan; the fees established for drainage are fairly apportioned within the local drainage areas on the basis of need for said local drainage facilities created by subdivision or other development of properties within said areas which will increase runoff by coverage of absorption area and by increase of demand for protection from storm waters, and are fairly proportioned on the basis of benefits conferred on the properties that may hereafter be subdivided or otherwise developed within said areas; the fee as to any property within any local drainage area does not exceed the pro rata share of the amount of the total estimated cost of all facilities within the local drainage area which would be assessable on such property if such costs were apportioned uniformly on a per acreage basis. Drainage facilities planned are in addition to existing local drainage facilities serving the areas on March 5, 1962. Sec. 34-192. Same--Accountinq and disbursement of fees. Fees paid under the requirements of section 34-193 shall be placed in a special fund to be known as "Planned Local Drainage Facilities Fund" and shall carry an area designation. A separate fund is established and shall be maintained for each local drainage area and shall be established as an accounting fund upon the receipt of the first fees paid for each of said local drainage areas. Moneys in each such fund shall be expended solely for the construction, or reimbursement for construction, of local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected. By special agreement with the city council, the city may accept rights - of-way or other consideration necessary to the completion of the drainage facilities within the local drainage areas in lieu of cash payment of the amount of the fee provided. Sec. 34-193. Same--Fees established. The thirteen (13) local drainage areas shall be known as "Local Drainage Area No. I" and continuing through "Local Drainage Area No. XIII". No final subdivision map or final record of survey map shall be approved in any of the local drainage areas until the fee hereinbelow provided for has been paid in cash or by other and equal consideration as provided for in section 34-192. The fee to be paid for any land being subdivided or developed in each of the local drainage areas is as set out after the name of said local drainage area hereinbelow. The dollar figure stated for each area is for each gross acre of land, and said figure shall be proportionately reduced, for any fraotion of an acre being subdivided or developed, on an exact percentage basis. The fees required are fixed as follows: Local Drainage Area No. I Local Drainage Area No. II Local Drainage Area No.~III Local Drainage Area No. IV $830.00 $800.00 $90O.00 $59O.0O -10- Local Local Local Local Local Local Local Local Local Drainage Drainage Drainage Drainage Drainage Drainage Drainage Drainage Drainage Area No. V $885.00 Area No. VI $665.00 Area No. VII $770.00 Area No. VIII $605.00 Area No. IX $470.00 Area No. X $650.00 Area No. XI $785.00 Area NO. XII $300.00 Area No. XIII $265.00 Sec. 34-194. Same--Maps adopted. The local drainage areas shall contain all territory as shown, and said areas are bounded as is shown, on the thirteen (13) separate maps which are by reference made a part hereof, each of which said maps bears the name of one of said drainage areas and clearly shows the exterior boundaries of said area, and each of said areas is fixed as shown on the map bearing the name and number of said local drainage area. A copy of each of said maps shall be filed in the office of the clerk of the council, and a copy of each of said maps shall be kept on file in the office of the department of public works of the city. Sec. 34-195. Same--Amendments. When an existing local drainage area is amended to add territory thereto or a new local drainage area is created and such amendment has been in effect for a period of thirty (30) days, all of the provisions of sections 34-191, 34-192, 34-193 and 34-194 shall apply to the territory so added as though said territory had been in a local drainage area on May 6, 1962, the date when the provisions of said sections first became effective. SECTION 2: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTEU by the City Council of the City of Santa Ana at its regular meeting held on the 15th day of March, 1971. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 1st day of March, 1971, and was again considered by said Council at its meeting held on the 15th day of March, 1971, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Herri~, Evams, Markel, Patterson, Villa, Yamamot o, Griset NOES, COUNCILMEN: Nome ABSENT, COUNCILMEN: Noae CLERK OF THE 'COUNCIL -11-