[Added by Ord. #1330, § 9300.1]
The purpose of this Chapter is to provide for and promote the
conservation, stabilization, and protection of land values through
orderly growth, development, and redevelopment, to provide for the
necessary public facilities and improvements, and to promote the public
health, safety, and general welfare in the City.
[Added by Ord. #1330, § 9300.2]
Pursuant to the provisions of Chapter 2, Part 2 of Division 4 of the Business and Professions Code of the State, referred to in this Chapter as the "Subdivision Map Act," and in addition to any other regulations provided by law, the regulations in this Chapter shall apply to all divisions of land or parts of divisions of land hereafter made wholly or partially within the incorporated limits of the City, and to the preparation of tentative maps, final maps, parcel maps, and other maps provided for by the Subdivision Map Act for approval. Each division of land and each part thereof lying within the incorporated limits of the City shall be made, and each map shall be prepared and presented for approval, as provided for and required by the provisions of the Chapter.
[Added by Ord. #1330, § 9300.3]
Whenever a reference is made to any portion of this Chapter,
or to any other ordinance of the City, or to a statute of the State,
such reference shall apply to all amendments and additions now or
hereafter made.
[Added by Ord. #1330, § 9300.4]
If any provision of this Chapter or the application thereof
to any person or circumstance is held invalid by a court of competent
jurisdiction, the remainder of the provisions of this Chapter and
the application of such provisions to other persons or circumstances
shall not be affected thereby.
[Added by Ord. #1330, § 9300.5]
A person shall not sell, lease, finance, or transfer title to
a portion of a subdivision or of a resubdivision, or offer to do so,
or contract to do so, until a final map thereof in full compliance
with the provisions of this Chapter and of the Subdivision Map Act
has been filed in the office of the County Recorder, except that a
person, at his sole option, may elect to file a parcel map to satisfy
the provisions of this section when at least one of the following
applies:
a.
The division results in parcels of land having a minimum gross area
of 20 acres;
b.
The subdivision or resubdivision contains an area of less than five
acres, each parcel of land created by the division abuts upon a public
street or highway, and no dedications or improvements are required;
or
c.
All of the land shown on the parcel map is zoned for industrial or
commercial development.
[Added by Ord. #1330, § 9300.6]
A person shall not sell, lease, finance or transfer title to a minor land division, or portion thereof, until a parcel map or final map thereof has been filed in the office of the County Recorder in full compliance with the provisions of the Subdivision Map Act and all applicable provisions of this Chapter, or until a Certificate of Exception has been issued in compliance with the provisions of subsection 28-1.7. Nothing in this section shall be construed to prohibit an offer or contract to sell provided such offer or contract is conditioned upon compliance with the provisions of this section and such provisions are fully completed prior to passage of title or right of possession to the buyer. The provisions of this section shall not apply to any parcel of land or parcels of land of a minor land division sold, transferred, leased, or financed in full compliance with or exempt from any law, including the provisions of this Chapter or any other ordinance of the City regulating the design and improvement of such divisions in effect at the time the division was established.
In each modification, the officer or department shall first
find that a special individual reason makes observance of the strict
letter of the regulation impossible or impractical and that the modification
is in conformity with the spirit and purpose of the Subdivision Map
Act and of this Chapter. The officer or department recommending the
modification shall transmit to the Planning Commission with the tentative
map of the subdivision his or its report in writing, setting forth
each modification recommended and the facts relied upon by him or
it for the recommendation.
[Added by Ord. #1330, § 9300.7]
Providing there is no conflict with the provisions of Chapter 30, Zoning, of this Code setting forth the zoning regulations, a subdivider may obtain a Certificate of Exception in lieu of filing a parcel map for the following minor land divisions:
a.
Those in which each resulting parcel of land contains a minimum of
2 1/2 acres gross area; or those in which each resulting parcel
of land contains a minimum of 2 1/4 acres gross area, and any
one of the following conditions applies:
1.
The parcel of land comprising the division was a parcel of record
prior to September 3, 1968; or
2.
The parcel of land comprising the division is a lot shown on a final
map or parcel map filed in the office of the County Recorder or a
parcel shown on an approved record of survey map; or
3.
The parcel of land comprising the division is the result of the normal
breakdown of an undersized section of land;
b.
Those in which the resulting number of parcels of land remains the
same or is decreased; and
c.
The leasing of land provided no street or highway openings or widenings
or sanitary sewer or drainage easements are required.
[Added by Ord. #1330, § 9300.8]
Whenever, in the opinion of any officer or department whose
jurisdiction is affected by any regulations contained in this Chapter,
the land involved in the division of land is of such size of shape,
or is subject to such title limitations of record, or is affected
by such topographical location or conditions, or is to be devoted
to such usage that it is impossible or impractical for the subdivider
to conform fully to such regulation, the officer or department may
recommend any modification which in his or its opinion is reasonably
necessary.
[Added by Ord. #1330, § 9300.9]
No building shall be constructed, nor shall a permit for the
construction of a building be issued, nor shall any portion of a parcel
of land be used for construction upon any parcel which does not conform
to the provisions of this Chapter.
[Added by Ord. #1330, § 9300.10]
Any person, firm, or corporation, or any officer or employee
of a firm or corporation, violating any of the provisions of this
Chapter, shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punishable by a fine of not more than $1,000, or
by imprisonment in the County Jail for a period of not more than one
year, or by both such fine and imprisonment. Each such person, firm,
or corporation, or any officer or employee of a firm or corporation,
shall be deemed guilty of a separate offense for every day during
any portion of which any violation of any provision of this Chapter
is committed, continued, or permitted by such person, firm, or corporation,
or any officer or employee of a firm or corporation, and shall be
punishable therefor as provided for in this Chapter.
[Added by Ord. #1330, § 9300.11]
Any deed of conveyance, mortgage, deed of trust, or other lien,
lease, or sale, or contract to sell, mortgage, lien, or lease made
contrary to the provisions of this Chapter shall be voidable at the
sole option of the grantee, buyer, tenant, mortgagee, beneficiary,
or person contracting to purchase, or to accept a lien or mortgage,
or to lease as a tenant, his heirs, personal representatives, or trustees
in insolvency or bankruptcy within one year after the date of the
execution of the deed of conveyance, mortgage, deed of trust, other
lien, lease, or sale, or contract agreeing thereto, but such deed
of conveyance, sale, mortgage, deed of trust, lien, lease, or contract
shall be binding upon any assignee or transferee of the grantee, mortgagee,
beneficiary, tenant, buyer, or person contracting therefor, other
than those enumerated in this section, and upon the grantor, vendor,
mortgagor, trustor, landlord, or person so contracting, his assignee,
heir, or devisee.
[Added by Ord. #1330, § 9300.12]
The provisions of this Chapter are not intended to prohibit
any legal, equitable, or summary remedy to which the City, or other
political subdivision, or any person may otherwise be entitled; and
the City, or other political subdivision, or person may file suit
in any court of competent jurisdiction to restrain or enjoin any attempted
or proposed division of land in violation of the provisions of the
Subdivision Map Act or of this Chapter.
[Added by Ord. #1330, § 9300.13]
Fraudulent misrepresentations of pertinent information shall
be sufficient reason to invalidate an approval obtained pursuant to
the provisions of this Chapter.
[Added by Ord. #1330, § 9300.14]
a.
Personnel. The Subdivision Committee is hereby created to act in
an advisory capacity to the Planning Commission. The Subdivision Committee
shall consist of the following members or their authorized representatives:
b.
Meetings Open to Public. Subdivision Committee meetings shall be
open to the public. Any officer, person, or subdivider and any authorized
representative of any public utility company having an interest in
the division of land shall have the privilege of presenting any appropriate
matter at such meetings.
[Added by Ord. #1330, § 9300.15]
The Planning Commission is hereby designated as the Advisory
Agency as that term is used in the Subdivision Map Act. The Planning
Commission shall make reports, investigations, and recommendations
on the design and improvement of proposed divisions of land.
[Added by Ord. #1330, §§ 9301 — 9301.38;
Ord. #1425]
As used in this Chapter:
Shall mean all of the provisions of the Subdivision Map Act
which apply to subdivisions as defined in that Act and all of the
provisions of this Chapter which apply to subdivisions as defined
in this Chapter.
Shall mean a map prepared as provided in the Subdivision Map Act for approval by the Council, including all maps referred to in subsections (b) and (c) of Section 11535 thereof, and conforming to the provisions of Chapter 15 of Division 3 of the Business and Professions Code of the State.
Shall mean that portion of a lot or parcel of land upon which
buildings and appurtenances are to be placed or are already existing.
Shall mean a line established by the City Engineer or the
County Engineer and designated as "center line," "proposed center
line," "adopted center line," or "construction center line" on a series
of maps filed in the office of the City Engineer or the County Engineer.
Where two or more such designations are shown on any map in said series,
the line labeled "adopted center line" shall be deemed to be the official
center line.
Shall mean the City Engineer of the City of Compton.
Shall mean an estate in real property consisting of an undivided
interest in common in a parcel of real property, together with a separate
interest in space in a residential, commercial, or industrial building.
Intent: Because there is a lack of guaranteed effective and
continuous centralized management of condominium developments, and
because the accompanying lack of adequate construction and organizational
performance standards may create and perpetuate conditions having
an especially harmful effect upon the occupants of contiguous condominium
units, or upon other occupants and owners of a unit or units, or upon
the health, welfare, and safety of the general public, the Council
hereby declares that each condominium presents special land use problems
involving potential slum and blight conditions which would be detrimental
to the public health, safety, and welfare. These ill effects may be
especially magnified in view of the fact that such condominium occupants
are the owners of such individual units and may be less able to freely
transfer ownership to others, particularly at times when undesirable
conditions are in existence. These factors may result in all, or parts
of the same building and all, or parts of, the common area being neglected.
The intent of the Council is to protect the public health, safety,
and welfare by preventing such conditions from occurring.
Condominiums and Community Apartment Projects.
The design, improvement, and construction of a condominium or
community apartment project shall conform to and be in full accordance
with all the requirements of all building, fire, and housing Codes,
the zoning provisions, and all other applicable State statutes and
local laws and regulations in effect at the time of the filing of
the tentative map.
All private streets, driveways, and parking areas for condominiums
and community apartment projects shall be improved and constructed
with a structural section in accordance with the standards of the
City and shall be designed to ensure that access for municipal services
will not be denied any dwelling unit therein by reason of deteriorated
or impassable private streets, driveways, and parking areas.
Each unit in a condominium subdivision shall have the utility
services to be connected to the unit individually metered so that
the metering will measure separately utility service usage by each
unit.
The Director of Planning may require, at the time of and as
a condition of filing, written agreements executed by the subdividers
of condominium parcels and their transferees, such agreements undertaking
to reimburse the City for its maintenance services, if any, to the
private condominium grounds or structures held in common by the owners
of condominium units if not maintained diligently and to generally
accepted community standards by the condominium owners. The landscaping
shall be clean and healthy. The roads and driveways shall be safe
and sound.
Shall mean the setting aside of real property or an easement
by an owner for public use.
Except as otherwise provided in this Chapter, all terms used
in the Subdivision Map Act are used in this Chapter as so defined
in the Subdivision Map Act unless from the context of this Chapter
it is apparent that a different meaning is intended.
Shall mean the minimum area, width, grading, and general
layout of lots and the alignment, grades, and widths of alleys, streets,
highways, easements, and rights-of-way for drainage facilities, water
mains, sanitary sewers, and other public purposes.
Shall mean a parcel of land shown on a tentative map for
which the subdivider requests approval of design.
Shall mean subdivisions, resubdivisions, and minor land divisions.
Shall mean any drainage device or structure which may be
used to control the flow of water and/or alleviate flood hazards,
including, but not limited to, berms, channels, culverts, curbs, ditches,
gutters, pavement, and pipes.
Shall mean the right of passage or use, or the right to prevent
the use of land by a person other than the owner of the land.
Shall mean a map or a proposed division of land prepared
in accordance with the provisions of this Chapter and the Subdivision
Map Act which map is prepared in a manner to be filed in the office
of the County Recorder.
Shall mean a potential danger to life, land, or improvement
due to inundation or a storm water runoff having sufficient velocity
to transport or deposit debris, scour the surface soil, dislodge or
damage buildings, or erode the banks of watercourses.
Shall mean that portion of a lot or parcel of land which
abuts a public street or highway.
Shall mean a hazard inherent in the earth, or artificially
created, which is dangerous or potentially dangerous to life, property,
or improvements due to the movement, failure, or shifting of earth.
Shall mean a thoroughfare of primary importance in the City
street, County highway, or State highway system, excluding freeways,
and shown on the Circulation Element of the General Plan of the City.
Shall mean such structures or facilities to be installed,
or agreed to be installed, by a person on land to be used for public
or private alleys, streets, highways, or other easements as a condition
precedent to the approval and acceptance of the final map or parcel
map, including, but not limited to, street surfacing, curbs, gutters,
sidewalks, street trees, street lights, street signs, sanitary sewers,
water mains, and drainage facilities.
Shall mean a parcel of real property shown as a delineated
parcel of land, with a separate and distinct number or other designation,
on a plat recorded in the office of the County Recorder.
Shall mean the Master Plan of Highways of the County.
Shall be permissive.
Shall mean any parcel of land or contiguous parcels of land
which are divided for the purpose of transfer of title, sale, lease,
or financing whether present or future, into two, three, or four parcels,
except that "minor land division" shall not include:
Land dedicated for cemetery purposes pursuant to the provisions
of the Health and Safety Code of the State;
The leasing, owning, or financing of apartments, offices, stores,
or similar space within an apartment building, condominium, industrial
building, commercial building, or trailer park;
The division by agricultural, gas, oil, or mineral leases;
The division for the purpose of financing of land zoned for
industrial or commercial development;
The leasing of vehicle parking areas or space for outdoor advertising;
The leasing or financing of land or buildings which serve as
a functional unit of a hospital, school, or church;
The conveyance or transfer of land required by court decree;
A division of land defined by this Chapter as a subdivision
or resubdivision;
Divisions of land created by the acquisition of land by governmental
agencies, including, but not restricted to, those divisions created
by the opening or widening of a public street, flood control channel,
or purchase;
The division or redivision of land which results in parcels
of land having a minimum gross area of 40 acres; and
The division of land for operating public utility purposes and
the conveyance of land by a public utility to a contiguous ownership.
Shall mean any person holding a proprietary interest in the
land proposed to be divided pursuant to the provisions of this Chapter.
Shall mean a natural level building site or an approximate
level building site prepared by grading.
Shall mean a map showing the division of land prepared in
accordance with the provisions of this Chapter and the Subdivision
Map Act which map is prepared in a manner to be filed in the office
of the County Recorder.
Shall mean any individual, corporation, company, firm, association,
partnership, joint venture, joint stock company, receiver, syndicate,
club, estate, business trust, the United States government, any State,
County, City, district, or other political subdivision, or any other
group or combination acting as a unit.
Shall mean the Planning Director of the City.
Shall mean any portion of a subdivision designated as a lot
or as contiguous lots on a final map or parcel map filed in compliance
with the provisions of subsection 27-1.5 of this Chapter in the office
of the County Recorder which subdivision is divided or realigned for
the purpose of sale, lease, or financing, whether immediate or future.
Shall mean a section of this Chapter unless otherwise specified.
Shall be mandatory.
Shall mean a right-of-way designed primarily to provide access
to abutting properties.
Shall mean the Street Plan of the City.
Shall mean a person who causes real property to be divided
into a division of land for himself or for others, or who submits
a tentative, final, or parcel map for approval, or who requests a
certificate of exception.
Shall mean any real property, improved or unimproved, or
portion thereof, shown on the last preceding tax roll as a unit or
as contiguous units, which property is divided for the purpose of
sale, lease, rent, or lien, whether immediate or future; provided,
however, the provisions of this Chapter shall not apply to the leasing
or renting of apartments, offices, stores, or similar space within
an apartment building, commercial building, or industrial building.
"Subdivision" shall not include any land dedicated for cemetery purposes
pursuant to the provisions of the Health and Safety Code of the State.
Shall mean Chapter 2, Part 2, Division 4 of the Business and Professions Code of the State.
Shall mean a division of a section of this Chapter.
Shall mean a preliminary plan of a proposed division of land
prepared in accordance with the provisions of this Chapter and the
Subdivision Map Act.
[Added by Ord. #1330, § 9302.1]
Tentative maps shall be prepared and processed in accordance with the provisions of the Subdivision Map Act and, unless otherwise provided by subsection 28-9.1 of this Chapter, with the provisions of this Chapter.
[Added by Ord. #1330, § 9302.2]
The subdivider shall obtain a map number prior to filing a tentative
map. The map number shall be assigned by the County Engineer.
[Added by Ord. #1330, § 9302.3]
Each tentative map shall be prepared in accordance with the
following requirements:
a.
Tentative maps shall be prepared by, or under the direction of, and
signed by a registered civil engineer or a licensed surveyor.
b.
Each tentative map shall be eight inches by 12 inches or any multiple
thereof. Each tentative map shall clearly show the details of the
plan thereon. Whenever practicable, tentative maps shall be drawn
to a scale of one inch to 100 feet. In no case shall the scale be
less than one inch to 200 feet.
c.
The subdivider shall file with the Planning Department 15 copies
of the tentative map.
[Added by Ord. #1330, § 9302.4]
Each tentative map shall show and contain the following information:
a.
The map number assigned by the County Engineer;
b.
The date of preparation, North point, and scale;
c.
The boundary of the division of land and the legal description to
show such boundary;
d.
The name and address of the owner, subdivider, and the registered
civil engineer or licensed land surveyor who prepared the map;
e.
A key map indicating the location of the proposed division of land
in relation to the surrounding area;
f.
The approximate contours showing existing topography;
g.
The approximate location of all areas subject to inundation or storm
water overflow and the location, width, and direction of flow of each
watercourse;
h.
The approximate location of all trees standing within the boundaries
of the division of land;
i.
The location, width, approximate grade, and center line radius of
existing and proposed streets, alleys, highways, ways, and easements
which are within or adjacent to the proposed division of land. Existing
electric transmission line easements shall be delineated as a separate
lot or made not a part of the division of land;
j.
The existing street improvements, including drainage structures;
k.
The names of existing streets or highways and an identifying letter
for proposed streets or highways;
l.
A label or identifying note for existing or proposed easements other
than streets or highways;
m.
The approximate layout of lots, including approximate dimensions
and lot numbers, and, where pads are proposed for building sites,
the approximate finish grade;
n.
The proposed public areas, if any;
o.
The approximate location of existing structures, shown to scale,
within or immediately adjacent to the division of land showing the
house numbers and labeling each structure with the proposed disposition;
and
p.
The names of public utility companies authorized to furnish services
to the division of land.
[Added by Ord. #1330, § 9302.5]
Each tentative map shall be submitted with written statements
attached containing the following information and acknowledgements:
a.
The name and address of the subdivider;
b.
The name, address, and license or registration number of the person
who prepared the tentative map or who directed the preparation of
the tentative map;
c.
A statement by any person holding a proprietary interest in the parcels
of land comprising the division of land consenting to the submission
of the tentative map;
d.
The proposed use of the parcels of land shown on the tentative map;
e.
The interest which the subdivider proposes to convey in parcels of
land shown on the tentative map;
f.
A copy of conditions, covenants, and restrictions proposed by the
subdivider, if any;
g.
A statement detailing the arrangements which the subdivider proposes
to make for the operation and maintenance of common parcels and easements,
if any,
h.
The source of water supply, if any, and the proposed method of sewage
disposal;
i.
The results of percolation tests, if required, performed in accordance
with the standards of the County Health Officer, where a private system
of sewage disposal is proposed; and
j.
A geological and/or soils report, if required by the City Engineer,
prepared by a geologist qualified by the Geological Qualifications
Board of the County, stating the effect of geological or soil conditions
on the proposed development.
|
Any of the information required by paragraphs a, b, c, d, and
h of this section may be shown on the tentative map. The written statements
required by this section shall become a part of the tentative map
upon submission to the Planning Director.
|
[Added by Ord. #1330, § 9302.6]
Prior to the submission of a final map for the purpose of reverting
to acreage land previously subdivided, a tentative map shall be prepared
and processed in accordance with the provisions of the Subdivision
Map and this Chapter.
[Added by Ord. #1330, § 9302.7]
The tentative map and required written statements shall be submitted
to the Planning Director. The Planning Director shall distribute copies
of the tentative map and, where appropriate, required written statements
to the following:
a.
Each member of the Subdivision Committee;
b.
The County Regional Planning Commission;
c.
A city requesting extra territorial review of tentative maps pursuant
to the provisions of Section 11528 of the Subdivision Map Act;
d.
The Real Estate Commissioner of the State;
e.
All the public utility companies having an interest in the proposed
division of land; and
f.
The District Engineer of the Division of Highways of the Department
of Public Works of the State, if the proposed division of land is
traversed or bounded by a State highway.
[Added by Ord. #1330, § 9302.8]
The Subdivision Committee shall meet to confer and make recommendations
on tentative maps within 15 days subsequent to the date of submission
thereof. Subdivision Committee meetings shall be open to the public,
and the subdivider, his authorized agent, and any other interested
party may appear and present any matters relevant to the proceedings.
[Added by Ord. #1330, § 9302.9]
The Planning Director shall prepare a written report setting
forth the recommendations of the Subdivision Committee and the contents
of departmental reports submitted to the Planning Director at or prior
to Subdivision Committee meetings by City officers or departments
or other interested agencies. The Planning Director shall transmit
his report, together with a copy of the tentative map, to the Planning
Commission within 15 days subsequent to receiving the recommendation
of the Subdivision Committee.
The Planning Director shall provide the subdivider with a copy
of his report prior to final action on the tentative map by the Planning
Commission. If the subdivider or his authorized representative does
not receive the report in person, this provision shall be deemed accomplished
when the report of the Planning Director is placed in the mail bearing
the proper postage and directed to the subdivider at his designated
address.
[Added by Ord. #1330, § 9302.10]
The Planning Commission shall review the Planning Director's
written report and shall determine whether the tentative map is in
conformity with the provisions of the Subdivision Map Act and this
Chapter. The Planning Commission shall, within 15 days after receipt
of the Planning Director's report, recommend to the Council that the
tentative map be approved, conditionally approved, or disapproved.
Action on the tentative map shall be taken at a public hearing at
which the subdivider, his authorized representative, or any other
interested party may appear and present any matters relevant to the
proposed division of land.
[Added by Ord. #1330, § 9302.11]
The Council shall act upon the Planning Commission's recommendation
within 15 days after receipt of the Planning Commission's recommendation
and shall report such action directly to the subdivider. Action on
the tentative map shall be taken at a public hearing.
The Council may sustain, modify, reject, or overrule any recommendations
of the Planning Commission and may make such findings which are not
inconsistent with the provisions of the Subdivision Map Act or of
this Chapter.
[Added by Ord. #1330, § 9302.12]
The Planning Commission may recommend and the Council may grant
modifications to the provisions of this Chapter which it determines
are warranted because of the size or shape of the division of land,
unusual physical conditions, title restrictions, the proposed use
of one or more lots, or the nature of the interest to be conveyed
in lots created by the proposed division of land. The Planning Commission
shall report its findings on all modifications in writing, stating
the grounds for each modification. The report on any modifications
shall be attached to the Planning Commission's report on the tentative
map and shall become a part thereof. No modification shall be granted
which has the effect of negating the provisions of an ordinance of
the City or this Code, other than the provisions of this Chapter,
or which is inconsistent with the provisions of State laws.
[Added by Ord. #1330, § 9302.13]
The time limits for acting and reporting on tentative maps specified
in this Chapter and by the Subdivision Map Act may be extended by
the mutual consent of the subdivider and the Planning Commission or
the Council, as the case may be.
[Added by Ord. #1330, § 9302.14]
The Planning Commission may recommend rejection and the Council
may reject a tentative map if:
a.
The only practical use which can be made of the property, as proposed
to be divided, is a use prohibited by any ordinance, statute, law,
or other valid regulation;
b.
Any portion of the property within the division of land is subject
to flood hazard, inundation, or geological hazard;
c.
The Planning Commission or Council determines that the public health
or safety justifies such action;
d.
The tentative map does not conform to the design standards or criteria
set forth or referred to in this Chapter; or
e.
Access roads to the division of land lack adequate rights-of-way
or improvements.
[Added by Ord. #1330, § 9303.1]
A division of land shall have adequate access to a dedicated and improved street or highway and shall make provisions for the dedication of necessary public rights-of-way, including but not limited to, streets, utility easements, or dedications required by the provisions of subsection 28-6.4 of this Chapter within or adjacent to the division of land. Dedications may be required as a condition of approval of a tentative map submitted for the purpose of reverting to acreage land previously subdivided.
[Added by Ord. #1330, § 9303.2]
If the Master Plan of Highways, the Street Plan, or the Circulation
Element of the General Plan of the City shows any highway so located
that any portion thereof lies within any proposed division of land,
such portion shall be shown as a highway or part of a highway within
such division of land in the general location shown on such Master
Plan of Highways, Street Plan, or Circulation Element unless the Planning
Commission determines that there is a reasonable probability that
one or more of such plans will be so amended as to remove or change
the location of any portion of such highway within the proposed division
of land.
[Added by Ord. #1330, § 9303.3]
a.
Each major or secondary highway shall conform in width and substantially
in alignment with that known or indicated in the Circulation Element
of the General Plan of the City, the Master Plan of Highways, or the
Street Plan.
b.
A major highway shall have a minimum right-of-way width of 100 feet
and a minimum roadway width of 80 feet.
c.
A secondary highway shall have a minimum right-of-way width of 80
feet and a minimum roadway width of 60 feet.
d.
The center line curve radius of a major highway shall be not less
than 1,500 feet.
e.
The center line curve radius of a secondary highway shall be not
less than 1,000 feet.
[Added by Ord. #1330, § 9303.4]
Any part width major or secondary highway or any reservation
thereof lying adjacent along and adjacent to any boundary of a division
of land shall have such width as will conform to the lines shown,
on the Master Plan of Highways, the Street Plan, or the Circulation
Element of the General Plan of the City covering the same portion
of such division of land.
[Added by Ord. #1330, § 9303.5]
No highway or street shall have a grade of more than 6% except
where evidence, which is satisfactory to the Planning Commission,
is given that a lower grade is not possible due to topography. The
Planning Commission shall base its decision on the report prepared
by the City Engineer.
[Added by Ord. #1330, § 9303.6]
Wherever it is proposed to subdivide for residential purposes
so that the rear lot limits are adjoining a major or secondary highway
as shown on the Circulation Element of the General Plan of the City,
the Master Plan of Highways, or the Street Plan, a concrete block
wall six feet in height shall be erected on such rear lot lines, and
vehicular access rights to such street or highway shall be dedicated
to the City. Vehicular access to and from a major or secondary highway
which abuts a rear lot line and exists on October 3, 1968, shall be
prohibited.
The prohibitions against access to or from a major or secondary
highway which abuts a rear lot line shall not apply to the north side
of Greenleaf Boulevard between Wilmington Avenue and a point lying
300 feet easterly from the center line of Central Avenue.
[Added by Ord. #1330, § 9303.7]
a.
Residential entrance streets from a major or secondary highway, through
collector streets, streets adjacent to schools, and medium-density
and high-density residential streets shall have a minimum right-of-way
width of 60 feet, a minimum roadway width of 40 feet, and a minimum
sidewalk width of four feet.
b.
Interior collector streets, including dead-end streets, in a division
of land to be used for low-density residential use, except as provided
herein, shall have a minimum right-of-way width of 54 feet, a minimum
roadway width of 40 feet, and a minimum sidewalk width of four feet.
c.
Dead-end streets designed to remain as such in residential divisions
of land shall have a minimum right-of-way turning radius of 40 feet
at the dead end thereof.
d.
Service roads adjacent to major or secondary highways shall have
a minimum right-of-way width of 42 feet, a minimum roadway width of
34 feet, a minimum sidewalk width of four feet, and a minimum parkway
width of two feet on the highway side of such service road.
e.
All alleys in a residential division of land shall have a minimum
right-of-way and roadway width of 25 feet, and all alleys in a commercial
or industrial division of land shall have a minimum right-of-way and
roadway width of 30 feet.
f.
Commercial and industrial entrance streets from a major or secondary
highway shall have a minimum right-of-way width of 74 feet and a minimum
roadway width of 64 feet.
g.
Commercial and industrial collector streets, including dead-end streets,
shall have a minimum right-of-way width of 56 feet and a minimum roadway
width of 46 feet.
h.
Dead-end streets designed to remain as such in commercial and industrial
divisions of land shall have a minimum right-of-way turning radius
of 45 feet at the dead end thereof.
[Added by Ord. #1330, § 9303.8]
On any street or highway, other than a major or secondary highway,
a center line curve radius of not less than 200 feet shall be provided
unless sufficient evidence is offered to the Planning Commission by
the subdivider to show that a 200-foot radius is not applicable.
[Added by Ord. #1330, § 9303.9]
The alignment of streets shall be such as to provide frontage
for all lots in a division of land and, where necessary, for the future
development of adjacent properties.
[Added by Ord. #1330, § 9303.10]
Any highway or street intersecting any other highway or street
shall intersect it at an angle as nearly a right angle as practicable.
[Added by Ord. #1330, § 9303.11]
Where two alleys intersect, a cutoff of not less than 15 feet
along each alley shall be provided.
[Added by Ord. #1330, § 9303.12]
Except as may be provided in subsection 28-4.13, an alley 30 feet in width shall be provided at the rear of all lots in a division of land fronting on a major or secondary highway where such lots are to be used for, or zoned for medium-density or high-density residential uses, commercial uses, or industrial uses.
[Added by Ord. #1330, § 9303.13]
Whenever it is proposed to subdivide property abutting and facing
a major or secondary highway, a service road or other local street
shall be provided unless the circumstances of such property or of
adjoining property render it inadvisable or undesirable. If a service
road or local street is not required, the subdivider shall dedicate
the right of vehicular access to such major or secondary highway to
the City and shall provide an alley not less than 25 feet in width
at the rear of such lots unless the Planning Commission finds it inadvisable,
undesirable, detrimental to adjoining property, or contrary to the
best community design.
[Added by Ord. #1330, § 9303.14]
a.
Intersections of local residential streets shall have a minimum property
line radius of 15 feet.
b.
Intersections of local residential streets with secondary highways
shall have a minimum property line radius of 20 feet.
c.
Intersections of local residential streets with major highways shall
have a minimum property line radius of 25 feet.
d.
Intersections of two secondary highways or intersections of secondary
highways with major highways shall have a minimum property line radius
of 30 feet.
e.
Intersections of two major highways shall have a minimum property
line radius of 35 feet.
f.
Intersections of two industrial streets, two commercial streets,
or of industrial and commercial streets shall have a minimum property
line radius of 27 feet.
[Added by Ord. #1330, § 9303.15]
Each parcel of land created by a minor land division described by paragraph a of subsection 28-1.7 shall be provided with a means of vehicular access as provided by this subsection. For the purposes of this subsection and subsection 28-9.1, the term "on-site access" shall refer to a proposed easement for vehicular access which is located within the boundaries of a minor land division, and the term "off-site access" shall refer to an easement for vehicular access which is located outside the boundaries of a minor land division and is not an improved or maintained public street or highway. Off-site access shall be documented by either a recorded easement or a policy from a title insurance company which delineates and insures the existence of a valid easement. A parcel of land shall be deemed to have approved access when either of the following conditions applies:
a.
The parcel of land has a frontage on an improved or maintained public
street or highway or on an approved off-site access which connects
with an improved or maintained public street or highway; or
b.
The parcel of land has frontage on a proposed easement for on-site
access, as shown on an approved plot plan map, and such proposed easement
connects directly or by means of approved off-site access with an
improved or maintained public street or highway.
Proposed easements for on-site access shall be located so as
to provide for the future development of parcels adjacent to them.
[Added by Ord. #1330, § 9303.16]
In case of undue hardship, the Planning Director may determine
that an acceptable alternate access to an improved or maintained public
street or highway is a proposed street or highway shown on the Master
Plan of Highways, the Street Plan, or the Circulation Element of the
General Plan of the City unless the Planning Director finds that there
is a reasonable probability that any of such plans will be amended
so as to remove or relocate that portion of the proposed highway which
would serve as the alternate access to an improved or maintained public
street or highway.
[Added by Ord. #1330, § 9303.17]
Whenever any highway within a division of land intersects a
railroad right-of-way, and such highway is shown as a major or secondary
highway upon the Circulation Element of the General Plan of the City,
the Street Plan, or the Master Plan of Highways and provision is made
in such plans of highways for the location of a separation of grades
at such intersection, the street layout of the division of land shall
be such as to conform to the plan of such separation.
Each lot abutting upon a proposed cut or fill necessary for
the approach to such grade separation shall be given suitable access
elsewhere.
Whenever it is proposed to divide property abutting an approach
to an existing or proposed bridge, the division shall be arranged
so that any lot abutting such approach has suitable access elsewhere,
and the street layout adequately provides for such approach.
[Added by Ord. #1330, § 9303.18]
Whenever the Planning Commission shall have determined that
a street is necessary for the future division of land of the property
as shown on the tentative map or for adjoining property, but the present
construction of such street is not warranted, the Planning Commission
may require that the location, width, and extent of such street be
shown on the final map as a street. No improvement of such street
shall be required of the subdivider.
[Added by Ord. #1330, § 9303.19]
If any portion of the division of land, including streets and
highways, is subject to sheet overflow or ponding of local storm water,
or should the depth of ground water be less than 10 feet from the
ground surface, the Planning Commission shall so inform the Real Estate
Commissioner of the State.
[Added by Ord. #1330, § 9303.20]
Public utility easements may be required upon the recommendation
of the serving utilities. Such easements shall be shown on the final
map.
[Added by Ord. #1330, § 9303.21]
Subsequent to filing a tentative map and prior to filing the
final map or parcel map, easements granted or recorded within the
proposed rights-of-way shown on the tentative map shall be subordinated
to the road easements.
The provisions of this section shall cease to have effect upon
lapse of the approval or conditional approval of the tentative map
or after withdrawal of the tentative map.
[Added by Ord. #1365, § 9303.22]
Any subdivider who, within three years or less, develops or
completes the development of one or more subdivisions comprised of
a single parcel or contiguous parcels having more than 400 dwelling
units within the Compton Unified School District, which maintains
an elementary school, shall dedicate to the school district such land
as the Council shall deem to be necessary for the purpose of constructing
thereon schools necessary to assure the residents of the subdivision
adequate elementary school service.
The provisions of this subsection shall not be applicable to the subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map in accordance with the provisions of Article 4 (commencing with Section 11550), Chapter 2, Part 2, Division 4 of the Business and Professions Code of the State.
The requirement of dedication shall automatically terminate
unless the school district offers to enter into a binding commitment
with the subdivider to accept the dedication within 30 days after
the requirement is imposed by the City. The required dedication may
be made at any time prior to the construction of the 401st dwelling
unit,
If the land is not used by the school district as a school site
within 30 years after dedication, the subdivider shall have the option
to repurchase the property from the school district for the amount
paid therefor.
The school district to which the property is dedicated shall
record a certificate with the County Recorder. Such certificate shall
contain the following information:
a.
The name and address of the subdivider dedicating the property;
b.
A legal description of the real property dedicated;
c.
A statement that the subdivider dedicating the property has an option
to repurchase the property if it is not used by the school district
as a school site within 30 years after dedication; and
d.
Proof of the acceptance of the dedication by the school district
and the date of the acceptance.
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The certificate shall be recorded not more than 10 days after
the date of acceptance of the dedication. The subdivider shall have
the right to compel the school district to record such certificate,
but until such certificate is recorded, any rights acquired by any
third party dealing in good faith with the school district shall not
be impaired or otherwise affected by the option right of the subdivider.
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"Dwelling unit," as used in this section, shall mean a place
of residence and may be located in either a single or multiple dwelling
unit building.
|
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If any subdivider is aggrieved by, or fails to agree to the
reasonableness of, any requirement imposed pursuant to the provisions
of this section, he may bring a special proceeding in the superior
court as provided by law.
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[Added by Ord. #1376, § 9303.23; Ord. #1722, § 1]
The Planning Commission may, as a condition precedent to the
approval of a residential subdivision map, require the dedication
of land, or fees in lieu thereof, for park or recreational purposes
wherever it is reasonable to do so in view of its studies and investigations
and in consideration of the circumstances surrounding or within the
portion of the City in which such subdivision is located and the size
and character of such subdivision provided that the land, fees, or
combination thereof is to be used for the purpose of providing park
or recreational facilities to serve the subdivision.
The size, shape, and location of the land so dedicated shall
be approved by the Planning Commission as to the suitability of the
land for park and recreational purposes.
The amount of the land so dedicated shall be a proportion of
the total land contained in the subdivision. Such proportion shall
be determined by the application of the following table:
|
Net Density at Which Land May or Will be Developed
|
Percentage of Gross Area To Be Dedicated
|
|---|---|
|
5 dwelling units per acre or less
|
2.0%
|
|
6 through 9 dwelling units per acre
|
3.5%
|
|
10 through 14 dwelling units per acre
|
5.3%
|
|
15 through 20 dwelling units per acre
|
7.4%
|
|
21 through 27 dwelling units per acre
|
9.7%
|
|
28 or more dwelling units per acre
|
12.3%
|
The Planning Commission shall require the subdivider to dedicate
land in accordance with the table set forth in this subsection, based
on the maximum density permitted within the zone wherein the land
to be subdivided is located.
EXCEPTION: Where a subdivider proposes to develop land at less
than the maximum density permitted for the zone and has executed and
recorded in the office of the County Recorder a covenant running with
the land, binding upon all the future owners thereof, that such land
shall not be developed in such a manner as to create a higher density
than that proposed, the Planning Commission shall base the required
dedication upon the proposed density. Any covenant executed in accordance
with this exception shall be approved by the Planning Commission prior
to its recordation.
The Planning Commission may, on its own initiative or upon a
request by the subdivider, require fees in lieu of the dedication
of land. The amount of such fees shall be equal to the fair market
value of the land otherwise required to be dedicated. "Fair market
value," as used in this section, shall mean:
a.
The average square foot costs of the land within the subdivision
based on the assessed value of the land, modified to equal market
value in accordance with the current practice of the County Assessor,
multiplied by the number of square feet which would otherwise have
been dedicated; or
b.
If, after a sufficient showing, the assessed valuation, as modified,
in all probability does not substantially reflect the current market
value of the land within the subdivision, the Commission may approve
fair market value to mean appraised value, which appraisal shall be
prepared by a qualified real estate appraiser who is approved by the
Planning Commission employed by the subdivider at his own expense.
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The fees required by the provisions of this subsection shall
be used only for the purpose of developing park and recreational facilities.
|
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In subdivisions containing 50 lots or less, only the payment
of fees may be required.
|
|
Land dedicated for park and recreational facilities may be used
for another purpose, provided that, City Council commits an amount
equal to the required in lieu of fee for park and recreational facilities
in order to meet the expanded needs due to the subdivision development.
|
|
Any dedicated land shall be developed and any in lieu of fees
shall be allocated as City Council determines the need to arise, provided
that dedicated land shall be developed within 10 years, and in lieu
fees shall be allocated within 10 years.
|
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The Planning Commission may recommend and the Council may waive
the requirements of this subsection for subdivisions filed in conjunction
with planned residential developments in which open space is provided
and owned jointly by the residents of the development.
|
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The provisions of this subsection shall not apply to minor land
divisions.
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[Added by Ord. #1330, § 9304.1]
a.
Each lot in a division of land shall have an area not less than that required, and shall have an average width not less than that required, for the land use zone in which the lot, or any portion hereof, is located except as set forth in subsection 28-5.5. The required area and the required width shall be the same as set forth in Chapter 30, Zoning, setting forth the zoning regulations. Where such regulations do not specify a required area or a required width in a particular land use zone, the required area shall not be less than 10,000 square feet, and the required width shall not be less than 70 feet.
b.
If a lot is in more than one land use zone, the area and width thereof
shall be not less than the area and width requirements, respectively,
in that zone in which any part of the lot is located which has the
largest area requirement and in that zone in which any part of the
lot is located which has the greatest width requirement.
c.
The provisions of this section shall not apply to any lot which the
subdivider offers to deed or dedicate to the public or for public
utility purposes.
[Added by Ord. #1330, § 9304.2]
Where public sewers are not available and private sewage disposal
is to be used, every lot shall be of sufficient size to provide for
satisfactory sewage disposal for the land use intended.
[Added by Ord. #1330, § 9304.3]
In all cases where practicable, the side lines of lots shall
be at an approximate right angle to the street upon which such lots
front.
[Added by Ord. #1330, § 9304.4]
Wherever practicable, divisions of land abutting rights-of-way
for freeways, highways, railroads, transmission lines, and flood control
channels shall be so designed as to create lots which back up to such
rights-of-way.
[Added by Ord. #1330, § 9304.5]
No lot shall be divided by a City boundary line. A City boundary
line shall be made a lot line.
[Added by Ord. #1330, § 9304.6]
All lots shall have frontage on a street or highway except as provided in subsection 28-5.5 of this Chapter. Alleys shall not be considered as providing frontage for any lot in a division of land.
[Added by Ord. #1330, § 9304.7]
In lieu of compliance with the provisions of paragraph a of subsection 28-5.1, the plan of a division of land may comply with the requirements of this section if the Planning Commission determines:
a.
That due to sloping terrain the topographic features within the division
of land will be better utilized if a portion of the lots in such division
are less in area and width than that required by the applicable land
use zone designation;
b.
That a final map or parcel map of the division of land or any part
thereof will not be filed unless the average area of all lots on such
map is not less than the applicable land use zone designation;
c.
That the lots having a reduced area will be compatible in design
to adjacent facing and siding lots of abutting development; and
[Added by Ord. #1330, § 9304.8]
The Planning Commission may recommend approval and the Council may approve a tentative map of a division of land which does not comply in all respects with the requirements of Sections 28-4 and 28-5 if lots in the division of land are for lease only, and, because of the situation and development or proposed development of the division of land and surrounding property, approval of the tentative map would not be detrimental to the public welfare or property of other persons in the vicinity thereof.
There shall appear on the tentative map and on the final map
or parcel map letters not less than 1/2 inch in height stating "Division
of Land for Purpose of Lease Only" if the Planning Commission and
Council so approve.
A person shall not sell, mortgage, or place a deed of trust
or other lien upon any lot or other parcel in such division of land,
or offer or contract to do so, unless such transaction would be in
full compliance with all the provisions of this Chapter and the Subdivision
Map Act had such final map or such parcel map not been filed.
The filing of such final map or of such parcel map shall authorize
the leasing of any lot shown upon such map.
[Ord. #2000, § 2]
Notwithstanding any provisions of this Chapter to the contrary, any land subject to the terms and provisions of the Compton Flood Plain Management Ordinance (Section 14-10 et seq.) shall be subject to the following standards for subdivisions:
a.
All preliminary subdivision proposals shall identify the flood hazard
area and the elevation of the base flood.
b.
All subdivision plans shall provide the elevation of proposed structure(s)
and pad(s). If the site is filled above the base flood elevation,
the lowest floor and pad elevations shall be certified by a registered
professional engineer or surveyor and provided to the Flood Plain
Administrator.
c.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
d.
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
e.
All subdivisions shall provide adequate drainage to reduce exposure
to flood hazards.
[Added by Ord. #1330, § 9305.1]
Improvements to be installed, or agreed to be installed, by
the subdivider, as a condition precedent to the filing of a final
map or parcel map, shall comply with all the requirements of this
section and the following subsections. Such improvements shall be
provided and developed in accordance with the conditions imposed as
a condition of approval of the tentative map, in accordance with any
agreement or bond made or entered into by the subdivider for that
purpose, and in accordance with the standards and specifications set
by administrative regulations and the laws of the City applicable
at the time of the approval of the tentative map.
[Added by Ord. #1330, § 9305.2]
Plans, profiles, and specifications for the improvements, other
than street and highway improvements, to be installed, or agreed to
be installed, as a condition precedent to the approval of a final
map or parcel map, shall be submitted to the City Engineer not later
than the time a final map or parcel map is submitted for checking
and certification. Such plans shall show all details of the proposed
improvements needed for approval of the plans by the City Engineer
which may include requirements of other governmental bodies whose
jurisdiction some portion of the plan may encompass.
Plans for sanitary sewers and other methods of sewage disposal,
storm drains, and building pads shall comply with all applicable laws
of the City and any additional requirements of the City Engineer and
Building Official.
Plans for water mains shall comply with all applicable laws
of the City and shall include plans for storage booster and transmission
facilities, together with necessary pertinent data, such as elevation,
size, capacity, and demand, in order to verify the adequacy of such
facilities to deliver the required flow of water. All such plans shall
be approved by the Water Superintendent.
Final plans shall be approved before the final map or parcel
map is transmitted to the Council for approval.
Preliminary plans may be approved by the City Engineer when
sufficient engineering data is furnished by the subdivider to demonstrate
that the preliminary design meets the City's standards and specifications,
is practicable from a maintenance standpoint, is consistent with sound
engineering practices, and that the final plans will conform to the
preliminary plans with only minor changes.
[Added by Ord. #1330, § 9305.3]
Plans, profiles, and specifications for all street and highway
improvements to be installed, or agreed to be installed, as a condition
precedent to the filing of the final map or parcel map shall be subject
to the approval of the City Engineer. Such plans shall be furnished
to the City Engineer not later than the time of submitting the final
map or parcel map for checking and shall be subject to his approval
before any such map shall be certified by him. Such plans, profiles,
and specifications shall show full details of the proposed improvements
and shall be in accordance with the standards and specifications of
the City. Such plans shall also include the design grade for an existing
highway or for a future street provided the City Engineer determines
that such grade is necessary to properly locate applicable slope and
drainage easements.
[Added by Ord. #1330, § 9305.4]
Each highway shall be improved by full width grading, cement
concrete sidewalks, curbs and gutters, full width roadway paving,
installation of drainage facilities incidental thereto, street signs,
street lights, and such other improvements for traffic and drainage
needs as are required for the appropriate development of the division
of land.
[Added by Ord. #1330, § 9305.5]
Each street, including private streets, shall be improved by
full width grading, cement concrete sidewalks, curbs and gutters,
full width roadway paving, the installation of drainage facilities
incidental thereto, street signs, street lights, and such other improvements
for local traffic and drainage needs as are required for the appropriate
development of the division of land.
[Added by Ord. #1330, § 9305.6]
If a portion of an existing street or highway constitutes any portion of the boundary of the division of land and such street or highway is unimproved, or if the Planning Commission determines that the improvements are insufficient for the general use of the lot owners in the division of land and for local neighborhood traffic and drainage needs, the Planning Commission may require the subdivider to improve or agree to improve such street or highway as specified in subsections 28-6.4, 28-6.5 and 28-6.6.
[Added by Ord. #1330, § 9305.7]
[Added by Ord. #1330, § 9305.8]
Except for full width grading, the subdivider shall not be required
to improve streets or highways shown on a final map or a parcel map
as future streets. The requirement for full width grading may be waived
by the City Engineer.
[Added by Ord. #1330, § 9305.9]
Temporary improvements may be required prior to, or concurrent
with, permanent improvements. In such instances, the temporary improvements
shall be installed in a manner approved by the City Engineer.
[Added by Ord. #1330, § 9305.10]
The Planning Commission may require such structures to be installed
as are necessary for the proper functioning and maintenance of the
improvements required to remove a flood or geological hazard and as
are necessary for the protection of property adjacent to the division
of land.
[Added by Ord. #1330, § 9305.11; Ord. #1867, § 1;
amended 10-26-2021 by Ord. No. 2339]
The subdivider shall, as part of the improvement of a division
of land, provide such drainage facilities, other than those incidental
to street or highway improvement, as are considered necessary by the
Planning Commission for the drainage requirements of the division
of land for local neighborhoods. All drainage facilities shall be
of such design as to carry surface waters to the nearest practical
street, storm drain, or natural watercourse approved by the Director
of Public Works. Drainage waters shall not flow over a public sidewalk
or parkway, but shall be deposited in a concrete receptor, located
outside the driveway and parking area where possible, and approved
for the purpose, and then carried under the sidewalk or parkway, through
the curb into the gutter in a manner approved by the City Engineer.
Exception: R-A, R-L, R-M, and R-H Occupancies, other than townhouses,
may flow over a public sidewalk or parkway. Surface waters entrapped
on adjacent properties by reason of any fill shall be drained, by
the installation of pipes, conduits, culverts, or flumes in keeping
with good engineering practices and design, to the nearest street,
storm drain, or natural watercourse, as approved by the Director of
Public Works, and shall be the responsibility of the owner of the
property on which the fill is placed. No slope of any kind shall drain
surface waters onto adjoining property. Retaining walls shall be constructed
to retain fill at property limits and where fill exceeds 12 inches
in depth. See the California Building Code for excavating and grading
requirements.
[Added by Ord. #1330, § 9305.12]
If the division of land lots front a major or secondary highway
and the Planning Commission requires the subdivider to dedicate vehicular
access rights to such highway, a chain link fence, or equivalent,
or a concrete block or masonry wall not more than 3 1/2 feet
high may be required along the frontage of the lots contiguous to
such highway unless the Planning Commission determines that such fencing
or wall is impractical.
[Added by Ord. #1330, § 9305.13]
The subdivider shall provide a chain link fence or equivalent,
not less than six feet high, along each side of any portion of a dedicated
right-of-way for any watercourse or drainage facility within a proposed
division of land if the Planning Commission finds that the location,
shape, slope, width, velocity of water therein, or other characteristics
of the watercourse or drainage facility make the fencing of the right-of-way
necessary for the protection of the general public. Such fencing shall
have an adequate number of gates to facilitate cleaning and maintenance
and shall not contain apertures below the fence in excess of four
inches vertical.
[Added by Ord. #1330, § 9305.14]
The Planning Commission may require the subdivider to install
sanitary sewers to serve each lot in a division of land. Such sewers
shall be designed in accordance with the requirements of the City
Engineer, and the outlet to be used for the sewers shall be designated
by the City Engineer.
[Added by Ord. #1330, § 9305.15]
The subdivider shall install concrete sidewalks not less than
four feet wide, when adjacent to the property line, or not less than
five feet wide, when adjacent to the curb unless the Planning Commission
determines that sidewalks are impractical or unnecessary.
[Added by Ord. #1330, § 9305.16]
The subdivider shall provide a street lighting system in each
division of land. Plans for the installation of the system shall be
submitted to the City Engineer for approval.
The requirement for a street lighting system may be waived provided
the Planning Commission determines that street lights will not be
in keeping with the neighborhood pattern, or lights are not necessary
to serve the lots in a division of land so as to maintain the continuity
of an established neighborhood street lighting pattern.
[Added by Ord. #1330, § 9305.17]
The subdivider shall plant and install trees in the parkway
panels of streets and highways within a division of land. The type
or species and location of such trees shall be subject to the approval
of the Parks and Recreation Director of the City.
[Added by Ord. #1330, § 9305.18]
The subdivider shall install, or agree to install, water mains
and fire hydrants in the division of land for the general use of the
lot owners and for fire protection. The installation of such water
mains and fire hydrants shall comply in all respects with all statutes,
laws, rules, and regulations applicable to water mains and fire hydrants
and shall be approved by the Manager of the Water Department and the
Fire Chief.
In the absence of such statutes, laws, rules, and regulations,
required domestic water flows shall be determined by the Manager of
the Water Department, and required fire flows, duration of required
fire flows, and the type and location of fire hydrants shall be determined
by the Fire Chief.
Water mains and fire hydrants may be required on existing streets
or highways adjacent to or within the division of land provided the
existing improvements are insufficient for the general use and/or
fire protection of the lot owners.
[Added by Ord. #1330, § 9305.19]
If any improvements are not completed to the satisfaction of
the Council before the final map or parcel map is filed, the subdivider
shall, prior to approval of such map by the Council, enter as contractor
into an agreement with the City to complete such improvements within
the time specified in the agreement.
[Added by Ord. #1330, § 9305.20]
Improvements required by the provisions of this subsection shall
be installed and constructed by the subdivider at his expense and
shall not be paid for by any special assessment, lien, tax, bonded
indebtedness, or other charge against the land or real property within
the division of land except:
a.
The cost of installing pipes and other facilities for the transmission
of water may be paid for in whole or in part from revenues collected
from the customers served at regular established water rates for the
water company pursuant to regulations of the Public Utilities Commission
of the State, where applicable, or by a Public Agency (as defined
in Section 4401 of the Government Code of the State) from the net
operating income only, as payment for the sale of water thereto;
b.
As provided in Sections 11543, 11543.5, 11543.6, 11544, and 11545
(Sewer and Drainage Reimbursement Contracts) of the Subdivision Map
Act or other reimbursement enabling acts; and
c.
On streets in the City's Select Street System the City may pay a
portion of the cost.
|
All outstanding or remaining assessments on the division of
land established for improvements constructed pursuant to special
assessment district proceedings shall be paid for by the subdivider.
|
[Added by Ord. #1379, § 9305.21]
a.
Utility lines, including, but not limited to, electric, communication,
street lighting, and cable television, within each commercial and
residential subdivision shall be placed underground.
This requirement shall include not only all lines and wires
located in streets, alleys, rights-of-way, and exterior property boundaries
but also services to individual properties.
The subdivider shall be responsible for complying with the requirements
of this section and shall make the necessary arrangements for the
installation of such facilities. This requirement shall not apply
to utility lines which do not provide services within the area being
subdivided.
b.
For the purpose of this section, appurtenances and associated equipment,
such as, but not limited to, surface-mounted transformers, pedestal-mounted
terminal boxes and meter cabinets, and concealed ducts in an underground
system, may be placed above ground.
c.
Upon the request of the subdivider, the Planning Commission may recommend that the Council waive or conditionally waive the provisions of subsection (a) of this section when it finds that the requirement of an underground installation of utility lines would be unreasonable or impractical because of topographical or soil conditions.
d.
The provisions of this section shall not apply to minor land divisions.
[Added by Ord. #1379, § 9305.22]
Utility lines shall be located on the rear or interior side
property lines of all lots within industrial subdivisions. Where practical
difficulties arise for the location due to the acquisition of easements
or other unusual circumstances, the Planning Commission may recommend
and the Council may approve alternate locations.
[Added by Ord. #1700, § 9305.23]
Where the City Engineer checks an improvement plan, the subdivider
shall pay a nonrefundable fee to the City Engineer in addition to
all other fees and charges required by law. Such fee shall be in accordance
with a schedule thereof from time to time in effect as established
by resolution of the Council.
[Ord. #1792, § 3; Ord. #1809, § 4]
|
Initial plan review (per sheet)
|
$300
|
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Fourth and subsequent resubmittal (per sheet)
|
$100
|
[Added by Ord. #1330, § 9306.1]
Within 18 months after the approval, or conditional approval,
of the tentative map, the subdivider shall cause the proposed division
of land to be accurately surveyed and a final map prepared and filed
in the office of the County Recorder. The time limit for such filing
may be extended by the Planning Commission for a period not to exceed
one year.
[Added by Ord. #1330, § 9306.2]
Within one year after the approval, or conditional approval,
of the tentative map, the subdivider may be required to cause the
proposed division of land to be accurately surveyed, if necessary,
and a parcel map prepared and filed in the office of the County Recorder.
The time limit for such filing may be extended by the Planning Commission
for a period not to exceed one year.
[Added by Ord. #1330, § 9306.3]
The final map or parcel map shall conform to the approved tentative
map and to the requirements and conditions contained on the report
approving the tentative map. No final map or parcel map shall be accepted
by the City Engineer unless a tentative map has been approved by the
Planning Commission.
[Added by Ord. #1330, § 9306.4]
Final maps and parcel maps shall be prepared by or under the
direction of a registered civil engineer or licensed surveyor.
[Added by Ord. #1330, § 9306.5]
Final maps and parcel maps shall be submitted to the City Engineer.
The subdivider shall submit 10 copies of the final map or parcel map
to permit the City Engineer to furnish copies to City officers and
departments and to other public agencies which, in the opinion of
the City Engineer, may have an interest in the proposed division of
land.
[Added by Ord. #1330, § 9306.6]
Each officer or department, within 15 days after the receipt
of a print of a final map or parcel map, shall report in writing to
the City Engineer as to the compliance or noncompliance of such map
with the approved, or conditionally approved, tentative map, together
with a statement of the changes necessary thereon to cause such map
to comply.
[Added by Ord. #1330, § 9306.7]
No land shall be divided on any single map sheet where such
land is separated or divided into two or more parcels or portions
by any parcel of land other than a street, alley, railroad right-of-way,
public utility right-of-way, or flood control right-of-way, and, where
such land is so separated, each parcel or portion thereof, if divided,
shall be divided as a separate parcel and shown on a separate map.
[Added by Ord. #1330, § 9306.8]
Parcels of land intended for public use in a division of land shall be dedicated or offered for dedication to the City on the final map or parcel map. Dedications or offers required for parcel maps shall be in accordance with the provisions of subsection 28-8.21. Where applicable, the Planning Commission may require the following dedications:
a.
Natural Watercourses. In the event a division of land or any part
thereof is traversed by any major watercourse, channel, stream, swale,
or creek, the subdivider shall dedicate an adequate right-of-way for
storm drainage purposes if, in the opinion of the Planning Commission,
such dedication is necessary.
b.
Drainage Facilities. If an artificial drainage facility is necessary
for the general use of lot owners in the division of land and for
adequate drainage needs, the subdivider shall dedicate an adequate
right-of-way for such drainage channel.
c.
Sewers and Storm Drains. If, in the opinion of the Planning Commission,
either sewers or storm drains or both are necessary for the general
use of lot owners in the division of land, and such sewers or storm
drains or both are not to be installed in the streets of such division
of land, the subdivider shall show upon the maps and dedicate necessary
easements for such sewers, storm drains, or both.
d.
Private Streets. With the approval of the Council, any street or
highway which is intended to be kept physically closed to public travel
or posted as a private street at all times may be shown as a private
street, but in any such case the final map shall contain a conditional
offer of dedication, or, in the case of a parcel map, shall be accompanied
by a conditional offer of dedication by separate instrument which
may be accepted by the Council at such time as the street shall have
ceased to remain so physically closed or posted and shall have been
opened to public travel for a period of three months or more. Any
such private street shall be shown on such map by heavy dashed lines.
Sufficient data shall be shown on each private street to define its
boundaries, as is required for a public street, and sufficient mathematical
data to show clearly the portion of each lot within such street shall
be shown.
e.
Future Streets. Wherever the Planning Commission shall have determined
that a street is necessary for the future division of property as
shown on the tentative map or for adjoining property, but that the
present dedication and construction of such street is not warranted,
the Planning Commission may require that the location, width, and
extent of such street shall be shown on the final map or parcel map
as a future street.
f.
Fire Fighting Access Easements. In areas where, in the opinion of
the Fire Department, there will be a fire hazard to the watershed
or any other properties, unobstructed fire protection equipment access
easements not less than 15 feet wide shall be dedicated from the public
street or highway to the boundary of the division of land.
g.
Access Rights. Access rights to all major or secondary highways and
to one street for all double frontage lots, except corner lots, shall
be dedicated to the City unless an alternate design is approved by
the City.
h.
Restricted Use Areas. If any portion of a lot or lots is subject
to restricted uses, as set forth in subsection 27-8.12, the subdivider
shall dedicate to the City the right to restrict the erection of buildings
or other structures within those portions of the lots subject to the
restricted use.
[Added by Ord. #1330, § 9306.9]
In the event an easement for any right-of-way required under the provisions of this Chapter, in connection with any proposed division of land, is in the process of condemnation by the City at the time of the submission of any final map or parcel map, the subdivider, in lieu of offering such right-of-way and prior to the approval of such final map or certification of such parcel map, shall submit to the City Engineer a deed granting such easement to the City on the condition that such condemnation proceedings are abandoned, together with a contract and bond as provided by subsections 28-6.19 and 28-11.6.
In the event that such condemnation proceedings shall be completed
such deed, contract, and bond shall be returned to the subdivider.
In the event that such condemnation proceedings are abandoned such
deed, contract, and bond shall be delivered by the City Engineer to
the Council for acceptance.
[Added by Ord. #1330, § 9307]
Any division of land map prepared for filing shall meet the
requirements of the Subdivision Map Act and this Chapter.
[Added by Ord. #1330, § 9307.1]
The boundary lines of a division of land shall be indicated
by a border of light blue ink approximately 1/8 of an inch in width
applied on the reverse side of the tracing and inside such boundary
lines. Such ink shall be of such density as to be transferred to a
blue line print of such map and not to obliterate any line, figure,
or other data appearing on such map.
[Added by Ord. #1330, § 9307.2]
The title sheet of each map shall contain a title consisting
of the words, "Tract No. ________" and the number of the subdivision,
on a final map and the words "Parcel Map No. ________" and the number
of the parcel map, on a parcel map. It shall also contain the words
"In the City of Compton" or "Partly in the City of Compton and partly
in (insert the name of the political division or divisions involved)."
The title sheet shall also contain a subtitle consisting of a description of all the property being divided, by reference to such maps of the property shown thereon, as shall have been previously filed or recorded in the office of the County Recorder, or previously filed with the County Clerk, pursuant to a final judgment in any action in partition, or which shall have been previously filed in the office of the County Recorder pursuant to the authority of Chapter 3, Part 2, of Division 4 of the Business and Professions Code of the State, or by reference to the plot of any United States survey. When necessary for greater clarity or definiteness, supplemental reference may be made to any other map on file in the office of the County Recorder.
Upon the title sheet of each map filed for the purpose of reverting
subdivided land to acreage, the subtitle shall consist of the words
"A Reversion to Acreage of " (inserting a legal description of the
land being reverted).
Each reference in such subtitles for any division of land shall
be spelled out and worded identically with the original record thereof
and shall show a complete reference to the book and page of records
in the office of the County Recorder.
The title sheet of each division of land shall contain the certificate
of the surveyor or engineer referred to in Sections 11579 or 11592
of the Subdivision Map Act. The title sheet, or at least one map sheet,
shall contain a basis of bearing, making reference to some recorded
subdivision map, County Surveyor's map, or other record acceptable
to the City Engineer.
Pursuant to the provisions of Sections 11567 and 11577 of the
Subdivision Map Act, required certificates, affidavits, and acknowledgments
may be legally stamped or printed on the title sheet of a final or
parcel map with opaque ink. Any stamped or written matter, including
signatures, shall be so made with opaque ink that legible copies,
produced through any normal method of reproduction, may be obtained.
[Added by Ord. #1330, § 9307.3]
The map on each 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. The binding edge shall be at the left and lengthwise
of the sheet, keeping in mind that the sheets are always on the right
page of the map book, the left page being always blank.
[Added by Ord. #1330, § 9307.4]
All lots shall be numbered beginning with the numeral "1" and
continuing consecutively without omission or duplication throughout
the entire division of land. No prefix, suffix, or combinations of
letters and numbers shall be used. Each lot shall be shown entirely
on one sheet.
[Added by Ord. #1330, § 9307.5]
Each sheet of a final map or parcel map, excepting the title
sheet or sheets thereof, shall bear the main title of the map, the
scale of the map North point, and sheet number, together with a description
of the relation, if any between each sheet and each other sheet thereof.
[Added by Ord. #1330, § 9307.6]
The bearing and length of each lot line, block line, and boundary
line shall be shown on the final map or parcel map; provided, however,
when bearings or lengths of lot lines in any series of lots are the
same, such bearings or lengths may be omitted from each interior parallel
lot line of such series. Each required bearing and length shall be
shown in full, and no ditto mark or other designation of repetition
shall be used.
[Added by Ord. #1330, § 9307.7]
Upon each lot containing an area of one acre or more shall be
designated the acreage of such lot shown not less accurately than
to the nearest 0.01 of an acre.
[Added by Ord. #1330, § 9307.8]
The length, radius, and total central angle or bearing of terminal
radii of each curve and the bearing of each radial line to each lot
corner on each curve, or the central angle of each segment within
each lot shall be shown thereon.
[Added by Ord. #1330, § 9307.9]
There shall be shown upon each final map or parcel map the center
line of each highway, street, or way, the total width thereof, the
width of that portion, if any, to be dedicated, and in the case of
any existing highways, streets, or ways, the width thereof, and the
width of each highway, street, or way on each side of the center thereof.
On each such center line shall be shown the bearing and length of
each tangent and radius, central angle, and length of each curve.
The final map or parcel map shall show the width of each railroad
right-of-way, flood control or drainage easement, and each other easement
appearing on such map, whether previously of record or offered for
dedication on such map.
[Added by Ord. #1330, § 9307.10]
a.
Street and highway names within the boundaries of a division of land
shown on a final map or parcel map shall be submitted to the City
Engineer for approval, and, if duplicated elsewhere in the City or
so nearly the same in spelling or pronunciation as to cause confusion,
the City Engineer may require some other name. Unless a name is so
duplicated or confusing, it shall be the same as the name of any street
or highway of which it is on a line of extension, or the name to which
such street or highway may be in the process of being changed.
b.
Streets or highways extending approximately northerly and southerly
shall be designated "avenue," and those extending approximately easterly
and westerly shall be designated "street" except where a highway is
on a line of extension of a major or secondary highway of unusual
prominence in the City highway system and which bears an established
name may be approved by the City Engineer.
c.
Streets or highways which materially change direction shall bear
the name and suffix designated by the City Engineer as most closely
conforming to a suitable street naming system.
d.
The words "avenue," "boulevard," "place," "street," or other designation
of any such street or highway shall be spelled out in full.
e.
The name of each newly dedicated portion of any street or highway
shall be shown in or narrowed to such newly-dedicated portion.
[Added by Ord. #1330, § 9307.11]
Upon the final map or parcel map shall be shown each City boundary
line crossing or adjoining the division of land, and such line shall
be clearly designated and tied in.
[Added by Ord. #1330, § 9307.12]
If any portion of a lot or parcel of land of a division of land is subject to flood hazard, inundation, or geological hazard, such fact and portion shall be clearly shown on the final map or parcel map by a prominent note on each sheet of such map whereon any such portion is shown. The dedication of the right to restrict building, as set forth in paragraph h of subsection 28-7.8, may be required as a condition precedent to filing the final map or parcel map.
[Added by Ord. #1330, § 9307.13]
In the event a dedication of right-of-way for storm drainage
purposes is not required, the Planning Commission may require that
the location of any watercourse, channel, stream, swale, or creek
be shown on the final map or parcel map.
[Added by Ord. #1330, § 9307.14]
When a final map of a division of land is submitted to the City
for acceptance of easements for streets, highways, or public ways
and filing with the County Recorder, or when a parcel map requiring
a separate instrument of such easement dedication is submitted to
the City Engineer for checking and filing with the County Recorder,
the final map or parcel map shall be accompanied by an additional
copy of such map for submission to the City Engineer, and on such
map shall be delineated all structures existing within the easements
except publicly-owned storm drains, water lines, sewers, and other
sanitary facilities, whether such structures are on recorded easements
or not.
[Added by Ord. #1330, § 9307.15]
If the owner of an easement or right-of-way of any kind or nature
in any right-of-way offered for dedication, who has no other interest
whatever in any part of the lands included within the division of
land, refuses to make his easement subject to any right-of-way offered
to the public, but the final map in all other respects complies with
the provisions of this Chapter, with the Subdivision Map Act, and
with every other applicable statute and law, and the Council finds
that the subdivider has in good faith attempted to obtain the necessary
signature from such owner and has been unable to do so, and that a
refusal to accept the final map for filing would work an undue hardship
on the subdivider, then, by a majority vote of all its members, the
Council may accept such map.
[Added by Ord. #1330, § 9307.16]
The evidence of title required by the provisions of Section
11625 of the Subdivision Map Act shall be a certificate of title or
a policy of title insurance issued by a title company authorized by
the laws of the State to write the same, showing the names of all
persons having any record title interest in the land to be subdivided,
together with the nature of their respective interests therein. In
the event any dedication is to be made for public use of any property
shown on any final map of land in the City, the certificate of title
or policy of title insurance shall be issued for the benefit and protection
of the City. Such certificate or policy shall be dated and delivered
upon request of the City Engineer when such final map is ready for
filing.
[Added by Ord. #1330, § 9307.17]
a.
Upon a final map or parcel map shall be shown the center line or
side lines of each easement to which the lots in the division of land
are subject. In the event such easement is not definitely located
of record, a statement showing the existence of such easement shall
be placed on the map.
b.
Each easement shown for any storm drain or sewer or fire access shall
be designated on the final map or parcel map by fine-dashed lines.
c.
Distances and bearings on the lines of lots which are cut by easements
shall be arrowed or so shown as to indicate clearly the actual length
of each lot line.
d.
The width of easements or the lengths and bearings of the lines thereof
and sufficient ties thereto to definitely locate such easements with
respect to a division of land shall be shown on the final map or parcel
map.
e.
Each easement shall be clearly labeled and identified and, if of
record, the record reference shall be shown thereon.
f.
If an easement is being dedicated by a final map, it shall be properly
set out in the owner's certificate of dedication on the map.
g.
All notes or figures pertaining to each easement shall be subordinated
in form and appearance to those relating to the division of land itself.
[Added by Ord. #1330, § 9307.18]
Any final map of a subdivision presented to the City for acceptance
of easements and filing shall have written thereon, in addition to
or as a part of any other certificate required, a certificate signed
by the owner, the subdivider, and by all persons claiming any interest
other than a right-of-way, easement, or other interest, none of which
can ripen into a fee, in the lands included within the subdivision
shown on the map, in substantially the following form: "We hereby
certify that except as shown on a copy of this map on file in the
office of the City Manager, we know of no easement or structure existing
within the easements hereby offered for dedication to the public,
other than publicly-owned water lines, sewers, or storm drains; that
we will grant no right or interest within the boundaries of said easements
offered to the public, except where such right or interest is expressly
made subject to the said easements."
[Added by Ord. #1330, § 9307.19]
If the parcel map is compiled from record data, the source of
information used shall be contained in a note on one sheet of the
parcel map.
[Added by Ord. #1330, § 9307.20]
An easement required as a condition of approval of the tentative map shall be shown and identified on the parcel map as required in subsection 28-8.17.
[Added by Ord. #1330, § 9307.21]
Any right-of-way for street opening or widening or grant of
easement required as a condition precedent to filing a parcel map
shall be offered by separate instrument, accepted and recorded prior
to, or concurrently with, the filing of the parcel map. The separate
instrument may be prepared by a title company or by the City Engineer's
office and shall be accompanied by a title report, prepared in favor
of the City, indicating who is required to sign this document to pass
clear title to the City. Such title report shall be kept up-to-date
and the City shall be notified of any change until such time as the
separate documents are recorded.
[Added by Ord. #1330, § 9307.22]
The procedure and practice of all survey work done on any division of land, whether for preparation of a final map or parcel map, shall conform to the standards and details set forth in Chapter 15, Division 3, of the Business and Professions Code of the State, the Land Surveyor's Act. The allowable error of closure on any portion of a final map or parcel map shall be 1/10,000.
In the event the County Engineer, the County Road Commissioner,
the State Highway Engineer, or the City Engineer shall have established
the center line of any street or alley in or adjoining a division
of land, the final map or parcel map shall show such center line,
together with a reference to a field book or map showing such center
line and the monuments which determine its position. If determined
by ties, that fact shall be stated upon the final map or parcel map.
[Added by Ord. #1330, § 9307.23]
On each final map shall be fully and clearly shown and identified
such stakes, monuments, or other evidence determining the boundaries
of the division of land as were found on the ground, together with
sufficient corners of adjoining divisions of land, by lot and block
number, subdivision name or number, and place of filing, or by section,
township, and range or other property designation as may be necessary
to locate precisely the limits of the division of land.
The City Engineer may require that a field survey be performed
in order to establish the boundary of any parcel map and shall examine
such survey for compliance with the Subdivision Map Act and the Land
Surveyor's Act.
[Added by Ord. #1330, § 9307.24]
a.
Boundaries. Each final map or parcel map shall show durable monuments
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 the
reestablishment of any point or line without unreasonable difficulty.
The precise position and the character of each such monument shall
be shown on such map. Such durable monument shall be not less substantial
than an iron pipe of a two inch outside diameter, not less than three
feet in length, with plug and tack, and set at least two feet into
the ground, or of such other character and stability as may be approved
by the City Engineer. For the purposes of this Chapter, a lead and
tack set in permanent concrete or masonry shall be considered as a
durable monument. The approximate elevation of the top of each such
monument with respect to the surface of the ground shall be shown
on such map.
b.
Street Center Lines. Whenever necessary in the opinion of the City
Engineer, center line monuments shall be set to mark the intersections
of streets, intersections of streets with the tract boundary, or to
mark either the beginning and end of curves or the points of intersection
of tangents thereof or other intermediate points.
Each such monument shall be not less durable and substantial
than:
1.
In asphaltic concrete or cement concrete pavements, a lead and tack;
2.
In unsurfaced graveled or oiled surfaces, a two inch iron pipe set
not less than 12 inches below the surface or at such depth as may
be approved by the City Engineer; or
3.
In bituminous macadam, a spike not less than six inches long.
c.
Notes to Be Furnished. For each center line intersection monument
set the engineer or surveyor under whose supervision the survey has
been made shall furnish to the City Engineer a set of notes showing
clearly the ties between such monument and a sufficient number (normally
four) of durable distinctive reference points or monuments. Such reference
points or monuments may be leads and tacks in sidewalks, or stakes
set back of the curb line and below the surface of the ground or such
substitute therefor as appears to be not more likely to be disturbed.
Such sets of notes shall be of such quality, form, and completeness
and shall be on paper of such quality and size as may be necessary
to conform to the standardized office records of the City Engineer.
All such notes shall be indexed and filed by the City Engineer as
a part of the permanent public records of his office.
d.
Identification Marks. All monuments set as required in this section
shall be permanently and visibly marked or tagged with the registration
or license number of the engineer or surveyor under whose supervision
the survey was made.
e.
Deferment. All boundary monuments shall be set prior to filing the final map unless extensive grading operations or improvement work makes it impractical to set monuments. In the event any or all of the boundary monuments required are to be set subsequent to filing of the final map, the engineer or surveyor making the survey shall furnish evidence acceptable to the engineer prior to submitting his final map to substantiate his reasons for deferring the setting of permanent monuments until after filing of the final map. If the setting of boundary monuments is deferred, field notes showing the boundary survey shall be presented to the City Engineer at the time the final map is submitted for checking. Interior street center line monuments may be set subsequent to filing of the final map. The final map shall show which monuments are in place and which are to be set. Prior to approval of the final map by the City Engineer, the subdivider shall submit a written agreement in which he agrees that the monuments so deferred will be set within a specified time and that the notes required by subsection c of this section will be furnished within the specified time.
f.
Inspections and Approval. All monuments shall be subject to inspection
and approval of the City Engineer in conjunction with his checking
of the map.
[Added by Ord. #1330, § 9308.1]
A subdivider requesting a Certificate of Exception pursuant to the provisions of subsections 28-1.6 and 28-1.7 shall submit a statement of ownership as specified in subsection 28-9.8 and a plot plan map of the proposed division, based on record data and information on file in the office of the City Engineer, showing sufficient detail to justify an exception to the Planning Director. Off-site access, if required, shall be indicated on the plot plan map.
The Planning Director shall identify, date, and review the plot
plan map and within five working days issue a Certificate of Exception
or deny approval of the plot plan map. If at any time during the determination
period the Planning Director finds that the plot plan map or supporting
documents are improperly prepared or are insufficient to make a determination,
and the subdivider is so notified, the determination period may be
extended by mutual agreement for a period of time not to exceed 40
days from the date of submission.
Where a subdivider does not possess an easement for off-site access, as required by subsection 28-4.15, the Planning Director may waive the requirement for such easement and approve the plot plan map for design only, provided the Planning Director finds that the subdivider has exhausted every reasonable means to obtain the required easement and that it is probable that the future division of adjacent properties will provide a means of access to the parcels which lack approved access. The Planning Director shall indicate on the approved plot plan map that the division of land does not have approved access.
If a Certificate of Exception is issued, the Planning Director
shall forward copies of the approved plot plans to the applicant and
to the City Engineer. If a Certificate of Exception is disapproved,
the Planning Director shall forward written notice of the disapproval,
together with a complete statement of the reasons for the action to
the subdivider.
A subdivider need not submit a plot plan map to receive a Certificate of Exception for a minor land division described by paragraph c of subsection 28-1.7 when the subdivider has submitted and received approval for a site plan pursuant to the provisions of Chapter 30, Zoning, setting forth the zoning regulations provided the subdivider requests issuance of the Certificate of Exception at the time the site plan is submitted for approval.
[Added by Ord. #1330, § 9308.2]
If at any time subsequent to the receipt of a Certificate of Exception for a minor land division the subdivider finds that minor adjustments to the configuration figuration of one or more of the parcels within the division are necessary, and the Planning Director determines that such changes do not constitute a new division of land, the subdivider may file a revised plot plan map. The Planning Director shall process such maps in accordance with the provisions of subsection 28-9.2 except that the determination period shall not be more than five working days.
[Added by Ord. #1330, § 9308.3]
A subdivider dissatisfied with any action taken by the Planning Director pursuant to the provisions of subsection 28-9.1 and 28-9.2 may file a written appeal with the Planning Commission within 15 days after such action. The Planning Commission shall hear the appeal within 21 days or at its next succeeding regular meeting, unless the subdivider consents to a continuance. Upon conclusion of the hearing, the Planning Commission shall, within seven days, declare its finding based upon the testimony and documents produced before it. It may sustain, modify, reject, or overrule, any action of the Planning Director provided such action is not inconsistent with the provisions of this Chapter or any other applicable law or statute.
[Added by Ord. #1330, § 9308.4]
The subdivider may appeal any action taken by the Planning Commission pursuant to the provisions of subsection 28-9.3 to the Council by written notice to the City Clerk in the manner prescribed for subdivisions by subsection (b) of Section 11552 of the Subdivision Map Act.
[Added by Ord. #1330, § 9308.5]
A tentative minor land division map shall be submitted to the Planning Director for transmittal to the Planning Commission for review and approval. The tentative map shall be prepared in accordance with the provisions of subsection 28-3.2.
[Added by Ord. #1330, § 9308.6]
The subdivider shall apply for a map number prior to submission
of a tentative map. Map numbers shall be assigned by the County Engineer.
[Added by Ord. #1330, § 9308.7]
The tentative minor land division map shall be a reproducible
print, legibly drawn to a scale of sufficient size to show full detail,
including the following information:
a.
The North point, date, and scale;
b.
The assigned map number;
c.
The dimensions and record boundaries of the total ownership;
d.
Sufficient dimensions and record boundaries so as to define the boundaries
of the proposed minor land division;
e.
The approximate boundaries, dimensions, and area of each proposed
parcel;
f.
General information as to the locations, names, widths, and improvements
of all adjoining highways, streets, or ways;
g.
A number for each parcel;
h.
The widths and approximate alignments of all easements, whether public
or private, for access, drainage, sewage disposal, and public utilities
which are existing or are proposed by the subdivider;
i.
The actual street names or an identifying letter for proposed streets;
j.
Approximate contours showing existing topography;
k.
The approximate location of existing structures or improvements,
shown to scale, within or immediately adjacent to the division of
land, showing the house numbers and labeling each structure with the
proposed disposition;
l.
The approximate location and direction of flow of all defined watercourses;
and
m.
A vicinity map, if necessary, to show the location of the division
in relation to the nearest existing cross streets.
[Added by Ord. #1330, § 9308.8]
The subdivider shall submit with the tentative minor land division
map a written statement containing the following information:
a.
A legal description of all ownerships comprising a part of the proposed
minor land division;
b.
A statement that the subdivider is the record owner of all real property
comprising the proposed minor land division or that the record owners
consent to the submission of the map;
c.
The method of sewage disposal for each parcel;
d.
The source of domestic potable water supply for each parcel; and
e.
A clear statement of the proposed use of the property.
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Any of the information required pursuant to this section may
be shown on the face of the tentative minor land division map.
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[Added by Ord. #1330, § 9308.9]
Tentative minor land division maps shall be processed and acted upon in accordance with the provisions of section 28-3.
[Added by Ord. #1330, § 9309.1; Ord. #1798, § 1;
Ord. #1815, § 2]
At the time of submission, the person submitting a tentative
map shall pay a filing fee. The amount of such fee shall be set by
an ordinance of the City Council and shall be adjusted periodically
to reflect changes in processing costs, borne by the City.
[Added by Ord. #1330, § 9309.2; Ord. #1356]
Upon the submission of a final map or parcel map, the subdivider shall deposit with the County Engineer a sum of money equal to $200 per map, plus $5 per lot. An additional checking fee of $5 shall be charged for each lot that is revised after it has been checked. The money shall be deposited in a trust fund for the filing of such map, and, upon the filing of such map in the office of the County Recorder, such money shall be used by the County Engineer in payment of the fee for the filing of such map. Where a lot is required by the provisions of subsection 28-5.5, such lot shall be omitted in calculating the map-checking fee.
In the event the subdivider abandons his intention to cause
such map to be filed and so notifies the County Engineer of such fact
in writing, such money shall be returned to the subdivider who deposited
the same. All moneys paid out of such trust fund shall be paid by
warrant of the County Auditor which shall be drawn upon the requisition
of the County Engineer.
[Added by Ord. #1330, § 9309.3; Ord. #1356; Ord.
#1700, § 4,c]
Where the City Engineer checks a final map or parcel map under
the provisions of the Subdivision Map Act, the subdivider shall pay
a non-refundable map-checking fee to the City Engineer. Such fee shall
be in accordance with a schedule thereof from time to time in effect
as established by resolution of the Council.
[Ord. #1792, § 4; Ord. #1809, § 5]
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Basic fee
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$200
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Over 4 lots
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$40 per lot
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The subdivider shall make additional fee payments for the fourth
and subsequent submittals of said maps at a rate equivalent to 1/3
of that for the original final or map checks, as reflected in the
above schedule.
[Added by Ord. #1330, § 9309.4]
Processing fees for tentative minor land division maps shall be collected from the subdivider in accordance with the provisions of subsection 28-10.1.
[Added by Ord. #1330, § 9309.5]
Processing fees for each plot plan map submitted by an applicant
requesting a Certificate of Exception shall be $30. A fee of $15 shall
be charged for processing revised plot plan maps for an applicant
requesting a Certificate of Exception.
[Added by Ord. #1100, § 9310]
Before commencing any improvement in a division of land, the
subdivider shall file with the City both a performance bond and a
labor and material bond, issued by one or more authorized corporate
sureties, in such amounts as shall be determined by the City Engineer
for all sewers and other improvements under his jurisdiction to be
installed or constructed. Each bond amount shall not be less than
50% of the involved construction costs.
[Added by Ord. #1330, § 9310.1]
Before commencing any improvement in a division of land, the
subdivider shall deposit with the City the sum required by the City
Engineer for all sewers and other improvements under his jurisdiction
to be installed or constructed. The subdivider shall also deposit
an additional sum estimated by the City Engineer to be the actual
costs of the inspections of all improvements under his jurisdiction.
[Added by Ord. #1330, § 9310.2]
In lieu of making the special deposit required for the costs
of inspections of improvements by the City Engineer, the subdivider
may make and maintain with the City a general deposit in an amount
not less than $1,000, determined by the officer with whom the deposit
is made to be sufficient to protect the City's interests. The general
deposit shall be held and used for the same purposes as the special
deposit for the costs of the inspections of improvements by the City
Engineer.
[Added by Ord. #1330, § 9310.3]
If any deposit made pursuant to the provisions of either subsections 28-11.1 or 28-11.2 is less than sufficient to pay all of the costs of inspection, the subdivider, upon demand of the City, shall pay to the City an amount equal to the deficiency. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered not completed.
[Added by Ord. #1330, § 9310.4]
The City shall refund unused deposits as determined by the City
Engineer. If the actual cost of inspections is less than the amount
deposited, the City shall refund to the subdivider any amount still
remaining in the manner provided by law for the repayment of trust
moneys.
[Added by Ord. #1330, § 9310.5]
All faithful performance bonds referred to in this Chapter shall
be furnished by a surety company authorized to write the same in the
State and shall be subject to the approval and acceptance of the Council.
[Added by Ord. #1330, § 9310.6]
The agreement referred to in subsection 28-6.19 shall be accompanied by a faithful performance bond guaranteeing the faithful performance of all work, the inspection of which is the duty of the City Engineer, in a penal sum which, in the opinion of the City Engineer, equals the cost thereof.
[Added by Ord. #1330, § 9310.7]
The agreement referred to in paragraph e of subsection 28-8.24 shall be accompanied by a deposit in cash in a penal sum which, in the opinion of the City Engineer, equals the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes and in every respect complying with such agreement.
[Added by Ord. #1330, § 9310.8]
If the subdivider shows to the satisfaction of the City Engineer
that he has entered into a contract with a water utility to construct
water mains as required by this Chapter, which contract makes the
City a part thereto and provides that such contract may not be modified
or rescinded without the consent of the City except as required by
the Public Utilities Commission of the State, and has deposited with
such water utility security for the payment of such water utility,
which security the City Engineer finds adequate, the subdivider need
not accompany his agreement to install water mains with a faithful
performance bond.
[Added by Ord. #1330, § 9310.9]
When any portion of an improvement has actually been fully completed,
the officer whose duty it is to inspect such improvement may in his
discretion authorize from time to time a reduction in the bonds, or
a partial withdrawal of funds, or a partial reassignment and withdrawal
of savings and loan certificates or shares, which bonds, funds, certificates,
certificates of credit, or shares were deposited in lieu of the faithful
performance bonds required by this Chapter, equal to the estimated
cost of such completed portion.
The provisions of this subsection do not authorize a reduction
or withdrawal for partial completion of any or all of such improvements.
[Added by Ord. #1330, § 9310.10]
Upon failure of a subdivider to complete any improvement within
the time specified in an agreement, the Council may, upon notice in
writing of not less than 10 days served upon the person, firm, or
corporation signing such contract, or upon notice in writing of not
less than 20 days served by registered mail addressed to the last
known address of the person, firm, or corporation signing such contract,
determine that such improvement work, or any part thereof, is not
completed and may cause to be forfeited to the City such portion of
such sum of money or bonds given for the faithful performance of such
work or may cash any savings and loan certificates as shares deposited
and assigned to assure the faithful performance of such work in such
amount as may be necessary to complete such improvement work.
[Added by Ord. #1330, § 9310.11]
Prior to filing of the final map, the subdivider shall file
with the County Clerk a certification from the official computing
redemptions in the County and in the City showing that, according
to the records of his office, there are no liens against the division
of land or any part thereof for unpaid State, County, municipal, or
local taxes or special assessments collected as taxes, except taxes
or special assessments not yet payable.
As to taxes or special assessments collected as taxes not yet
payable, the subdivider shall file with the County Clerk a certificate
by each proper officer, giving his estimate of the amount of taxes
and assessments which are a lien but which are not yet payable. Whenever
any part of the division of land is subject to a lien for taxes or
special assessments collected as taxes which are not yet payable,
the final map shall not be recorded until the owner or subdivider
executes and files with the Board of Supervisors of the County a good
and sufficient bond to be approved by the Board of Supervisors and
by its terms made to inure to the benefit of the County upon the payment
of all State, County, municipal, and local taxes and all special assessments
collected as taxes, which, at the time the final map is recorded,
are a lien against the property but which are not yet payable. In
lieu of a bond, a deposit may be made of money or negotiable bonds
in the amount, and of the kind approved, for securing deposits of
public money, with the approval of the Board of Supervisors of the
County.
[Added by Ord. #1330, § 9310.12]
In lieu of any faithful performance bond required by the provisions
of this Chapter, the subdivider may deposit with the Council a sum
of money, or negotiable bonds, or certificates of credit, or savings
and loan certificates or shares equal to the required amount of such
bond as security for the faithful performance thereof. If the subdivider
deposits certificates of credit or savings and loan certificates or
shares, he shall also assign such certificates and shares to the City.
[Added by Ord. #1700, § 9311.1]
In addition to other requirements mentioned in this section,
the subdivider shall pay to the City a fee equivalent to not less
than 1% of the involved construction costs. Said fee shall not be
refundable.
[Added by Ord. #1700, § 9311.2]
If any fee made pursuant to the provisions of subsection 28-12.1 is less than sufficient to pay all the costs of inspection, the subdivider, upon demand of the City, shall pay to the City, an amount equal to the deficiency upon demand. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover same, and any litigation costs as well, by any court of competent jurisdiction. Until such judgment, or in its absence such deficiency, is paid in full, the improvement shall be considered not completed.
