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HomeMy WebLinkAbout650 - Subdivision of LandJ r� ORDINANCE NO. 650 AN ORDINANCE AEPEALIN SECTIONS 9129 AND 9129 OF THE MUNICIPAL COD OF THE CITY OF NEWPOR BEACH AND ADDING SE TIONS 9250.1 THROUGH 9259. REGULATING THE SUBD VISION OF LAND WHEREAS, there has been pre sented to the City Council of th City of Newport Beach a final re port from the Planning Commis Sion of tine City of Newport Beach said report consisting of a pro posed new subdivision ordinanc for adoption by this City Council said final report having hithert been filed with the City Clerk o the City of Newport Beach; and WHEREAS, said Planning Com mission of the City of Newpor Beach has held all public hearing as required by law and this City Council has hitherto held a public hearing as required by law; and WHEREAS, the adoption of said new subdivision ordinance i deemed and hereby found to be fo the best interests of the citizens o the City of Newport Beach in that the adoption of said ordinance will promote the growth of the City o Newport Beach in an ordinary manner, and will promote and.pro- teet the public health, safety, Peace, comfort and general wel- fare, and Will protect the charac- ter and social and economic stabil- ity of all new districts to be subdi- vided within the City of Newport Beach, and will assure the orderly and beneficial development of such areas; NOW, TI3EREFOR;E,THE CITY COUNCIL OF' THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION 1: Sections 9129 and 9129A of the Municipal Code of the City of Newport Beach are hereby repealed. SECTION 2: There is hereby added to the Municipal Code of the City of Newport Beach Article IX -1h, to be constituted by the following chapters and sections: CHAPTER I. PURPOSE OF ARTICLE Section 9250..1 This Article, is enacted for the purpose of adopt- ing subdivision regulations for the City of Newport Beach, State of California. Section 9250.2 The Planning Commission of the City of New- port Beach, State of California, hereinafter referred to as. the, Planning Commission, is hereby designated as the Advisory Agency with respect to subdivisions as pro- vided ir, the Subdivision Map Act of the State of California. Section 9250.3 The Planning, Commission shall have all the powers and duties with respect to- tentative and final maps, and the procedure relating thereto which are specified by law and by this Article. Section 9250.4 It shall be un- lawful for any individual, firm, as- sociation, syndicate, co- partner- ship, corporation, trust or any other legal entity, as a principal, agent or otherwise to offer to sell, to contract to sell, or to sell any subdivision of land or any part thereof in the City of Newport Beach unless and until all the re- quirements hereinafter provided have been complied with. CHAPTER H. DEFINITIONS Section 9251.1 "Map Act" shall be deemed to mean the Subdivision Map Act of the State of California. Section 9251.2 "Owner" is th G individual, firm, association, s A dicate, co- partnership, or corpora E tion having sufficient proprietar T interest in the land sought to b C- subdivided to commence and main 1, tain proceedings to subdivide th I- same under this Article, and whil used herein the masculine gende and singular number it shall b e deemed to mean the feminine an - neuter gender and plural numbe - whenever required. , Section 9251.3 "Subdivider" shal mean any individual, firm, asso e ciation, syndicate, co- partnershi corporation, trust or any othe o legal entity commencing proceed f ings under the Article, to effect subdivision of land hereunder fo - himself or for another and while t used herein the masculine gender s and singular number it shall b deemed to mean and include th ' feminine or neuter gender and th Plural number whenever required Section 9251.4 "Subdivision' s shall mean any land or portion r thereof shown on the last pre f ceding tax roll as a unit or as contiguous unit which is divide for the purpose of sale, whether f immediate or future, by any sub- divider. CHAPTER III. TENTATIVE MAP Section 9252.1 Filing and De- partmental Approval Section 9252.11 Six (6) copies of a tentative map and statement of the proposed subdivision of any land shall be filed with the Plan- ning Commission at least fifteen (15) days prior to the meeting of said Commission, at which consid- eration is desired together with a filing fee of twenty -five dollars ($25.00) for any subdivision of five (5) or more lots. Section 9252.12 The Planning Commission shall transmit copies Of such tentative map to the City Engineer and may transmit copies thereof to other departments as it deems advisable. Upon receipt Of a copy of such tentative map each department to whom or to which the same has been transmit- ted shall examine the said map te" "ascertain if same conforms to the requirements coming within the authoritative scope of such depart- ment, and within ten (10) days after receipt thereof, each depart- ment shall make a written report to the Planning Commission. If said map conforms to the require- ments coming within its author- ized scope such department shall so state within its report to the Planning Commission. If said map does not conform to such require- ments or any of them, such de- partment shall so state in said report noting therein the parti- culars in which said map does not conform. Section 9252.2 Form of Tenta- tive Map Section 9252.21 Tentative maps shall be eighteen by twenty -six inches (18"x26 ") in size and to a scale of one inch equals one hun- dred feet (1° =100') unless other- wise approved by the Planning Commission; and shall be clearly and legibly reproduced. Section 9252.22 The tentative map of a subdivision containing less than five (5) lots shall show the dimensions of the proposed lots and any other information deemed necessary by the Planning Commission. Section 9252.23. The tentative map of a subdivision containing e five (5) or more lots shall co$= yn- tain the following information: - (a) The subdivision name or y number, date, north point, scale e and sufficient description to de- . fine the location and boundaries • of the proposed subdivision. • (b) Name and address of re- • cord owner or owners of said sub- • division. d (c) Name and address of the r subdivider. (d) Name, business address and 1 number of the registered engineer or licensed surveyor, who prepared p, the map of said subdivision, if any. r (e) Sufficient elevations or - contours to determine the general a slope of the land and the high and r low poihts thereof. (f) The locations, names, widths and approxinate grades of all e roads, streets, highways and ways e in the proposed subdivision and e along the boundaries thereof. (g) The locatidn and charac- ter of all existing or proposed pub- lic utility facilities in said subdi- vision or on said adjoining and a contiguous highways, streets and d ways. (h) The approximate widths, location and purpose of all exist- ing or proposed easements. (i) Approximate lot lay -out and approximate dimensions of each lot and each to be numbered. (j) The outline of any exist- ing buildings to remain in place and their locations in relation to, existing or proposed street and lot lines. (k) Approximate location of all trees standing within the boun- daries of proposed public rights of way. (1) Approximate location of all areas subject to inundation or storm water overflow and' the lo- cation, width and direction of flow of all water courses. Section 9252.24 The subdi"vid- er "s statement td accompany the tentative map shall be in written form and shall contain the follow- ing information: (a) Existing use or uses,of the property. (ti)" Proposed use of the pro- perty. If property is proposed to be used for more than one pur- pose, the area, lots or lot pro- posed for each type of use shall be shown on the tentative map. (c) Statement of the improve- ments and public utilities proposed to be made or installed and of the time at which such improvements are proposed to be completed. (d) Provision for sewerage and sewage disposal. (e) Public areas proposed, if any. (f) Tree planting proposed, if any. (g) Justification and reasons for any exceptions to provisions of this Article. Section 9252.25 A copy of any restrictive covenants proposed shall be attached to the owner's statement. -' Section 9252.3 Action on Ten- tative Map Section 9252.31 The Planning Commission shall determine whe- ther the tentative man is in con- formity with the provisions of law and of this Article, and Amon that basis within thirty (30) days, after the filing of the tentative map, epprove, conditionally approve. or disapprove the same and shall re- port such action direct to the sub- divider and shall also transmit to the City Engineer a copy of the- • • 11 tentative map, and a memoran- dum setting forth the action of the Commission thereon. Section 9252.32 The Planning Commission may require the sub- divider to set aside or may sug- gest to the subdivider the advis- ability of dedicating suitable areas for the parks, playgrounds and schools, and other public building sites that will be required for the use of the population which is In- tended to occupy the subdivision under the plan of proposed pro- perty uses therein. In all cases the Planning Commission shall suggest to the subdivider such measures as will make for excel- lence of residential, commercial or industrial development. Section 9252.33 Where the pro- posed subdivisions contains four (4) or less number of lots, all of which face upon a dedicated and accepted city street, the Planning Commission may recommend to the City Council that the require- ments for a final map be omitted. The City Council shall approve or disapprove such recommendation within thirty (30) days after re- ceipt thereof. Section 9252.34 The Planning Commission may refuse to approve a tentative map when the only practical use which can be made of the property proposed to be subdivided, is a use prohibited by ordinance or law or if the property is deemed unhealthful or unfit for human habitation or occupancy by the Health Department of the City. CHAPTER IV. FINAL MAP Section 9253.1 Filing Section 9253.11 Except as pro= vided in Section 9252.33 and within one year after approval or condi- tional approval of the tentative map, the subdivider shall cause the subdivision or any part thereof, to be surveyed and a final map thereof prepared in conformance with the tentative map as ap- proved or conditionally approved. The tracing and two blue line or black line prints of the final map shall be filed with the Planning Commission together with a check- ing fee of fifteen dollars ($15.00) plus fifty cents (500 per lot shown on the final map. Extensions of time for filing of the final map may be granted by the City Coun- cil upon recommendation by the Planning Commission providing written application is made by the subdivider within one year after action on tentative map. Section 9253.12 At the time of the filing of the final map with the Planning Commission, the sub- divider shall a'' -so file therewith the following: (a) In the event any dedication is to be made for the public use, a preliminary title report issued by a Title Insurance Company, in the name of the owner of the land, issued to or for the benefit and protection of the City of New- port Beach, showing all parties whose consent is necessary of their interests therein, e x c e p t where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act). If the land is so registered, a certified copy of the certificate of title shall be furnished. (b) The instrument prohibiting traffic over the side lines of a ma- jor highway, parkway, street or freeway, when and if the same is required under Section 9254.16 hereof. (c) Sheets and drawings show - ng traverse closeups and the com- nttation of all distances, angles Ind courses shown on the final map, tics to existing and proposed monuments, and adjacent subdivis- ions. Section 9253.2 Form of Final Hap Section 9253.21 The final sub- division map shall be clearly and legibly drawn upon tracing cloth if good quality. All lihe5; letters, figures, certifications, acknowledg- ments and signatures shall be made in black India ink. Type- writing or rubber stamps shall not be used. The map shall be so made and shall be in such condi- tion when filed that good legible blue prints and negatives can be made therefrom. The size of the sheets of tracing cloth shall be eighteen by twenty -six inches (18 "x26 ") leaving a margin of two inches (2 ") at the left edge and one inch (1 ") at the other three edges of the sheets. The scale of the final map shall be one inch equals one hundred feet (1 "- 100'). Section 9253.22 When the final map consists of more than two sheets, a key map showing the re- lation of the sheets shall be placed on sheet one. Every sheet com- prising the map shall bear the scale, north point, legend, sheet number, and number of sheets comprising the map. Section 9253.23 Maps filed for the purpose of reverting subdi- vided land to acreage shall be con- spicuously so designated with the title "The Purpose of this Map is a REVERSION TO ACREAGE". Section 9253.24 Wherever the City Engineer has established a system of coordinates then the survey shall be tied into such sys- tem. The map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundar- ies of the subdivision. The ad- joining corners of all adjoining subdivisions shall be identified by Lot, subdivision name and place of record, or other proper desig- nation. Section 9253.25 Sufficient data must be shown to determine read- ily the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as total dimensions, corner to corner, in addition to point to point dimensions, and shall be shown in feet and hundredths of a foot. No ditto marks shall be used. Lots containing one acre or more shall show total acreage to nearest hundredth. Bearings and lengths of straight lines, and radii and arc length for all curves as may be necessary to determine the location of the centers of curves and tangent points shall be shown. No lot shall be dimen- sioned to contain any part of an existing or proposed public right of way. Section 9253.26 Whenever the City Engineer or other agency has established the center line of a street or alley, adjacent to or in the proposed subdivision, the data shall be shown on the final map indicating all monuments found and making reference to a field book or map. If the points are reset by ties, the source and detail of relocation data used by the City Engineer shall be stated. Section 9253.27 The map shall show the location and description of all monuments found in making the survey of the subdivision. Section 9253.23 In addition, the final map shall be prepared in full compliance with the following re- quirements: (a) The final map shall show the line of high water in case the subdivision is adjacent to a stream, channel or any body of water and shall show the line of mean high tide when adjacent to the Pacific Ocean, and shall also show any area subject to periodic Inundation by water. (b) The boundary of the sub- division shall be designated by a blue border applied to the reverse side of the tracing and on the face of the blue line prints. Such bor- der shall not interfere with the legibility of figures or other data. (c) Streets and other Rights - of -Way. The maps shall show the center and side lines of all streets, the total width of all streets, the width of the portion being dedi- cated and the width of existing dedications, and the widths each side of the center line, also the width of railroad rights -of -way ap- pearing on the map. (d) The map shall show the side lines of all easements to which the lots arc subject. The ease- ments must be clearly labeled and identified and if already of record, the recorded reference given. If any easement is not definitely lo- cated of record, a statement of such easement must appear on the title sheet. Easements for storm drain, sewers and other purposes' shall be .denoted by fine dotted' iines. Building lines shall be indi- cated by fine short dash lines. The. width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referericcd'in the owner's certificate of dedication. (e) City boundary lines cross- ing or bounding the subdivision shall be dearly designated and re- ferenced. (f) Lot numbers shall begin with the number "1" and shall con- tinue consecutively through the subdivision with no omissions or dbliheations. (g) Each bloc'c in its entirety shall be shown on one sheet. Where adjoining blocks appear on sepa- rate sheets, the street adjoining both blocks shall be showfi on both sheets complete with Eenter line and property line data. (h) The map shall alto show all other data that is or rray be required by law. (i) The final map shall parti- cularly define, delineate and desig- nate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries and courses clearly shown and de- fined in every case. Parcels of- fered for dedication but not ac- cepted shall be designated by let- ter. Section 9253.3 Certificates and Tax Bond. Section 9253.31 The following certificates and acknowledgments and all others now or hereafter required by law shall appear on the final map, such certificates may be combined where appropri- ate: (a) A certificate signed and acknowledged by all parties hay. ing any record title interest in the' owner or subdivider executes and If the Planning Commission shall land subdivided, consenting to the. files with the Board of Supervis- determine not to recommend said it the subdivider preparation and recordation of said map, provided, however, that ors of the County wherein any part of the subdivision is located, map, shall advise of the changes or additions that the signatures of parties owning a good and sufficient bond to be must be made for such purpose and the following types of interests approved by the Board and by its shall accord him an opportunity to may be omitted if their names terms made to inure to the benefit make same. 9253.43 Approval by City • and the nature of their interests are set forth on the map. • of the county and conditioned upon the payment of all State, County. Section Council. At its first regular meet - 1. Rights -of -way, easements -or- municipal and local taxes and all ing following the filing of said map other interests none of which can special assessments collected as with the City Clerk as aforesaid, ripen into a fee. taxes, which at the time the final or within twenty days following 2. Rights -of -way, easements or map is recorded are a lien against the filing thereof, the City Coun- reversions, which by reason of the property, but which are not cil shall consider said map, the changed conditions, long disuse or yet payable. In lieu of a bond, a plan of subdivision and the of- laehes appear to be no longer of deposit may be made of money or in fers of dedication. The City Coun- may reject any or all offers of practical use or value and which negotiable bonds the same cil If the City Council signature it is impossible or im- amount, and of the kind approved dedication. practical to obtain. In this case, for securing deposits of public shall determine that said map is a reasonable statement of the cir- money. in conformity with the require - cumstances preventing the pro- Section 9253.4 Action on Final ments of this Article and that it curement of the signatures shall Map is satisfied with the plan of sub - be set forth on the map. Section 9253.41 Approval by City division, it shall approve said map. 3. Any subdivision map includ- Engineer. Upon receipt of the fl- When the subdivider shall have ing land originally patented by nal map and other data submitted filed with the City Clerk, the the United States or the State of therewith, said map and data shall agreement and bond, or made the deposit described in Section 9253.5 California, under patent reserving interest to either or both of these be referred to the City Engineer who shall examine such to deter- hereof and when such agreement entities, may be recorded under mine that the subdivision as shown and bond shall have been approved the provisions of this Article with- is substantially the same as it ap- by the City Attorney as to form, out the consent of the United peared on the tentative map, and and by the City Manager or Ad- States or the State of California any approved alterations thereof, ministrator as to sufficiency, the thereto, or to dedications made that all provisions of the law and City Clerk shall transmit the map thereon. of this Article applicable at the to the Clerk of the County Board (b) Dedication Certificate. A time of approval of the tentative of Supervisors. When all bonds, certificate signed and acknowl- map have been complied with, and money or negotiable bonds re- edged as above offering for dedi- that he is satisfied that the map quired under the provisions of this cation all parcels of land shown on is technically correct. If the City Chapter to secure the payment of the final map and intended for any Engineer shall determine that full taxes and assessments which are public use, except those parcels conformity therewith has not been a lien on some part of the subdi- other than streets, which are in- made he shall advise the subdi- vision but which are not yet pay - tended for the exclusive use of vider of the changes or additions able, have been deposited with and the lot owners in the subdivision, that must be made for such pur- approved by the Board of Super - their licensees, visitors, tenants poses and shall afford the subdi- visors, the clerk of the Board shall and servants. vider an opportunity to make such transmit the final map to the (c) Engineer's Certificate. A changes or additions. If the City county recorder. If the City certificate signed by the Civil En- Engineer shall determine that full Council shall determine either that gineer or licensed surveyor re- conformity therewith has been said map is not in conformity with sponsible for the survey apd final . made he shall so certify on said the requirements of this Article or map. The signature of such Civil map and shall transmit said map that it is not satisfied with the Engineer or surveyor unless ac- to the Planning Commission. In plan of subdivision, it shall disap- compauied by his seal must be at- the event a subdivision is partly prove said map specifying its rea- tested. in the City and partly in the t son or reasons therefor and the (d) A certificate for execution County, the County Surveyor and City Cleric shall in writing advise by the City Engineer. the City Engineer shall enter into the subdivider of such disapproval (e) A certificate for execution an agreement by and with the con- and of the reason or reasons for by the City Planning Commission. sent of their respective governing such disapproval. Within thirty (f) A certificate for execution bodies, providing that the County (30) days after the City Council by the City Clerk. Surveyor shall perform the duties has disapproved any map the sub - (g) A certificate for execution prescribed for the City Engineer divider may file with the Planning by the County Recorder. in the next preceding paragraph Commission a map altered to meet Section 9253.32 Prior to the fil- or providing for such an apportion- the approval of the City Council. ing of the final map with the gov- ment between them of said duties. In such case, the subdivider shall erning body, the subdivider shall The County Surveyor, when by conform to all the requirements file with the clerk of the Board such agreement all such duties de- imposed upon him by this Article of Supervisors of the county, in volve upon him, may after his per- when filing the first final map which any part of the subdivision formance thereof make the afore- with the Planning Commission and is located, a certificate from the said certification upon said map the same proceedings shall be had official computing redemptions and, when by such agreement said thereon as are prescribed' by this in any county or any municipal duties are apportioned between- Article upon the filing of the first corporation in which any part of the County Surveyor and the City final map with the Planning Com- the subdivision is located, showing Engineer, it shall be sufficient, if mission. No map shall have any that, according to the records of each shall after the performance force or effect until the same has his office, there are no liens thereof, make a certification on been approved by the City Council against the subdivision or any part said map, touching the duties per- and no title to any property-de- thereof for unpaid State, county, fo-rmed by each. scribed in any offer of dedication municipal or local taxes or spe- Section 9253.42 Approval of shall pass until the recordation of cial assessments collected as taxes, Planning Commission. Upon re- the final map. except taxes or special assess- ceipt of the final map the Planning Section 9253.5 Agreement and ments not yet payable. Commission shall examine the Bond for Improvements As to taxes or special assess- same to determine whether said Section 9253.51 Upon the ap- ments collected as taxes not yet map conforms with the tentative proval by the City Council of the payable, the subdivider shall file map and with all changes permit- final map the subdivider shall exe- with the clerk of the Board of ted and all requirements imposed cute and file an agreement be- Supervisors mentioned, a certifi- as a condition to its acceptance tween himself and the City speci- cate by each proper officer giving I and if the Planning Commission fying the period within which he his estimate of the amount of 'shall thereupon determine that 1 shall complete all improvement • taxes and assessments which are a lien but which are not yet payable. said map is in conformity there- with and determines to recom- work to the satisfaction of the City Engineer, and providing that Section 9253.33 Whenever any mend said map, it shall certify its if he shall fail to complete such part of the subdivision is subject approval thereon and shall trans- work within such period the City to a lien for taxes or special as- mit said map to the City Clerk, to- may complete the same and re- sessments collected as taxes which gether with any documents which cover the full cost and expense are not yet payable, the final map may have been filed therewith for thereof from the subdivider. The shall not be recorded until the presentation to the City Council. agreement shall also provide for 9 11 1 • inspection of all Improvements by the City Engineer, and reimburse- ment of the City by the subdivider for the cost of such inspection. Such agreement may also provide (a) for the construction of the improvements in units, (b) for an extension of time under conditions therein specified, (c) for the ter- mination of the agreement upon the completion of proceedings un- der an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of the im- provements specified in said agree- ment and required to be construct- ed by the subdivider, and (d) for progress payments to the subdi- vider, or his order, from any de- posit money which the subdivider may have made in lieu of provid- ing a surety bond, as provided by the next succeeding section; pro- vided, however, that no such pro- gress payment shall be made for more than ninety percent (90 %) of the value of any installment of work and provided that each such installment of work shall be com- pleted to the satisfaction of the City Engineer. Section 9253.52 The subdivider shall also file with the aforesaid agreement, to assure his full and faithful performance thereof, a bond for such sum as is by the City Engineer deemed sufficient to cover the cost of said improve- ments, and inspection. Such bond shall be executed by a surety com- pany authorized to transact a surety business in the State of California and must be satisfac- tory to and be approved by the City Attorney as to form and by the City Manager as to sufficiency. Iln lieu of said bond, the subdivider may deposit with the City Treas- urer cash money in an amount fixed as aforesaid by the City En- gineer. Section 9253.53 In the event the subdivider shall fail to com- plete all improvement work in ac- cordance with the provisions of this Article and the City shall have completed same, or if the subdivider shall fail to reimburse the City for the cost of inspection, the City shall call on the surety for reimbursement, or shall ap- propriate from any cash deposit funds for reimbursement. In any such case, if the amount of surety bond or cash deposit shall exceed all cost and expense incurred by the City, it shall release the re- mainder of such bond or cash de- posit and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the City the subdi- vider shall be liable to the City for such difference. See'lon 9253.54 No extension of time, progress payments from cash deposits, or releases of surety bond or cash deposit shall be made ex- cept upon certification by the City Engineer that work covered there- by has been satisfactorily com- pleted, and upon recomanmendation of the City Manager d approval by the City Council. CHAPTER V. GENERAL RE- GULATIONS AND DESIGN Section 9254.1 Streets and High- ways Section 9254.11 The street and highway design shall conform both in width and alignment to any Master Plan of Streets and High- ways approved by the City Coun- cil and right -of -way for any such street or highway indicated on said Master -Plan shall be dedi- cated. Section 9254.12 The street and highway design shall conform to any proceedings affecting the sub -' division, which may have been ini- tiated by the City Council or ap- proved by said Council upon ini- tiation by other legally constituted bodies of the City, County or State. If a parcel of land to be subdivided includes a portion of the right -of -way to be acquired for a public freeway or parkway, and the City Council shall deter- mine the boundaries of the right - of -way to be acquired, the subdi- vider shall either dedicate or with- hold from subdivision all the area included in said right -of -way. Section 9254.13 The following general conditions shall apply to street and highway design: (a) All streets shall, as far as practicable, be in alignment with existing adjacent streets by con- tinuations of the center lines thereof or by adjustments by curves and shall be in general con- formity with the plans of the Plan- ning Commission for the most ad- vantageous development of the area in which the subdivision lies. (b) Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each specific case. (c) Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead -end streets may be approved without a turn- around. In all other cases a turn - around having a minimum radius of forty (40) feet shall be required. (d) Intersection Corner Round- ing. Whenever a major street or State Highway intersects any other street or highway, the pro- perty lines at each block corner shall be rounded with a curve hav- ing a radius of not less than thirty (30) feet. On all other street intersections the property line at each block corner shall be rounded with a curve having a radius of not less than twenty (20) feet. In either case, a greater curve ra- dius may be required if streets .intersect other than at right angles. (e) Curve Radius. The center line curve radius on all streets and highways shall conform to accept - ed engineering standards of design, and shall be subject to approval by the City Engineer. (f) Grades of Streets and High- ways. No street or highway shall have a grade of more than seven percent (7 %) unless because of topographical conditions or other exeeptional conditions, the City Engineer determines that a grade in excess of seven percent (7 %) is necessary. (g) Reserved strips controlling the access to public ways or which will not prove taxable for special improvements, will not be ap- 'proved unless such strips are ne- cessary for the protection of the public welfare or of substantial property rights, or both, and in no case unless the control and dis- posal of the land comprising such strips is placed definitely within the jurisdiction of the City under conditions approved by the Plan- ning Commission. Section 9254.14 Streets and highways not shown on any Mai+ ter Street and Highway Plan or not affected by proceedings ini- tiated by the City Council or ap- proved by the City Council upon initiation by other legally consti- tuted governmental bodies shall not be of less width than those set forth hereunder, except where it can be shown by the subdivider, to the satisfaction of the Planning Commission that the topography or the small number of lots served. and the probable future traffic development are such as to un- questionably justify a narrower width, or a special type of devel- opment satisfactory to the Plan- ning Commission. Increased widths may be required where streets are to serve commercial property or where probable traffic conditions warrant such. Approval or deter- mination of street or highway classification shall be made by the Planning Commission. (a) Major streets or highways — minimum right -of -way: Eighty - six (86) feet in commercial areas, and eighty (80) feet in residential areas. Minimum pavement width fifty -six (56) feet. (b) Secondary streets or high- ways — minimum right -of -way: Sixty (60) feet. Planning Com- mission may require up to eighty (80) feet where street may be- come a major street at some fu- ture date. Minimum pavement width thirty -six (36) feet. (c) Local streets — minimum right -of -way: Sixty (60) feet. Minimum pavement width thirty - six (36) feet. (d) Cul -de -sac streets and serv- ice roads when not over three hun- dred and fifty (350) feet in length — minimum right -of -way of sixty (60) feet. Minimum pavement width thirty -six (36) feet. (e) Two level streets — mini- mum right -of -way: Sixty (60) feet — variable according to grade. Pavement widths, two sections each eighteen (18) feet curb face to curb face. Section 9254.15 Service Roads and Off- Street Parking. When the front of any lots proposed for com- mercial usage front on any major or secondary street or highway, the subdivider shall be required to dedicate and improve a service road to provide ingress or egress to and from such lots or in lieu thereof, if approved by the Plan- ning Commission the subdivider may dedicate for public use and improve, an area approved by the planning Commission and adja- cent to such lots, for off - street parking purposes. When the front of any loss proposed for residen- tial usage front on any freeway, State Highway or parkway,,the subdivider shall dedicate and im- prove a service road at the front of such lots, unless such is already existent as- a part of such free- way or parkway. In addition to any requirement for a service road, the Planning Commission may require adequate. off- street parking areas for all lots proposed for commercial usage. Section 9254.19 Non - Access and Planting Strips. When the rear of any lots border any major or secondary street, highway or parkway, the subdivider may be required to execute and deliver to the City an instrument, deemed sufficient by the City Attorney, prohibiting the right of ingress and egress to the rear of such lots • • • across the side lines of such streets or highways. When the rear of any lots border any free - way, state highway or parkway, the subdivider may be required to dedicate and improve a planting strip adjacent to such parkway or freeway. Section 9254.17 Alleys. When any lots are proposed for commer- cial or industrial usage, alleys at least thirty (30) feet in width shall be provided at the rear there- of with adequate ingress and egress for truck traffic. Any alleys provided in residential areas shall be a minimum of thirty (30) feet in width. Section 9254.18 Street Names. All street names shall be as ap- proved by the Planning Commis- sion. Section 9254.19 Acre or Large Lot Subdivisions. Where a parcel is subdivided into a tract of lots of one acre or more, the Planning Commission may require that the blocks shall be of such size and shape, and be so divided into lots, as to provide for the extension and opening of streets and alleys at such intervals as will permit a subseouent division of any par- cel into lots of normal size. Section 92.;4.2 Risements Section 9254.21 The subdivider' shall grant easements not less than five (5) feet in width for public utility, sanitary sewer and drain -1I age purposes on each side of rear lot lines, along side lot lines, and in planting strips wherever noses sary, provided easements of less width may be allowed when at the determination of the City Engineer the purposes of easements may be accomplished by easements of les- ser width and provided further that in such determination the City Engineer shall prescribe the width of such easements. Dedica- tion of easements shall be to the City for the purpose of installing utilities, planting strips and for other public purposes as may be ordered or directed by the City Council. Easements for overhead wire lines, shall be provided at the rear of all lots, except where alleys are available. Section 9254.3 Lots Section 9254.31 The size and shape of lots shall be in conform - area to any zoning regulations ef- fective in the area of the proposed subdivision and shall be not less than fifty (50) feet average width, nor less than five thousand (5,000) square feet in area, nor less than eighty (80) feet in depth provided that for corner lots the average width shall not be less than sixty (60) feet. The Planning Commis- sion may recommend the granting of exception to this provision where lots are to be used for com- mercial or industrial purposes or where there are unusual topo- graphic conditions, curved or cul- de -sac streets or other special con- ditions. Section 9254.32 The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or radial or approximately radial if the street is curved. Section 9254.33 Set back lines shall be indicated by "dotted" lines on the Subdivision Map, as re- quired by the Planning Commis- sion. Section 9254.34 Divided Lots. No lot shall be divided by a city boundary line. Section 9254.35 Lot Numbers. Lot numbers shall begin with the number "I" and shall continue con;rcu:tively throughout the sub- division with no omissions or du- plications. Section 9254.38 Lots without' frontage on a street will not be permitted. Section 9254.37 Lots other than corner lots may front on more than one street where necessitated by tonographic or other unusual conditions. The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisiors of this Article unless the general layout in [he vicinity, lines of ownership, topographical conditions or location of major or secondary highways justify or make necessary a variation from this requirement. Section 9254.4 Walkways Section 9254.41 The subdivider may be required to dedicate and improve walkways across long blocks or to provide access to school, park or other public areas. Section 9254.5 Water Courses Section 9254.51 The subdivider shall, subject to riparian rights, dedicate a right -of -way for storm drainage purposes conforming sub- stantially with the lines of any natural water course or channel, stream or creek that traverses the subdivision, or at the option of the subdivider provide by dedication further and sufficient easements or construction, or both, to dispose Of such surface and storm waters. Section 92:54.6 Master Plan Section 9254.61 In all regpegts; the subdivision will be considered in relation to the Piaster Plan of the City or any part thereof, or preliminary plans made in antici- pation thereof. Section 9254.7 Deed Restric- tions Section 9254.71 A copy of the Deed Restrictions applicable to the subdivision shall be filed with the Planning Commission at the time of filing final map. Section 5254.8 Land Subject to Inundation Section 9254.81 If any portion of any land, within the boundaries shown on any such final map, is subject to overflow, inundation or flood hazard by storm waters, such fact and said portion shall be clearly shown on such final map enclosed in a border on each sheet of said map. The Planning Com- mission and the City Council may reject a Tentative Mao if the only practical use which can be made of the property, as proposed to be subdivided, is a use prohibited by any ordinance, statute, law, or other valid regulation, or if the property is deemed to be unhealth- ful for occupancy. CHAPTER VI. IMPROVE- MENTS AND BONDS. Section 9255.1 Standards and Approval Section 9255.11 All improve- ments hereinafter mentioned shall conform to those required in the "Standard Subdivision Improve- ment Specifications" prepared by the City Engineer, recommended by the Planning Commission, and adopted by the City Council copies of which are on file in the office of the Planning Commission and the City Engineer. Section 9255.12 Improvement work shall not be commenced until plans and profiles for such work have been submitted to and ap- proved by the City Engineer or LZZ any other interested agency. Such plans may be required before ap- proval of the final map. All such plans and profiles shall be pre- pared on tracing cloth in accord- ance vAth requirements of the City Engineer. Corrected "as built' improvement plans on cloth shall become the property of the City before release of bond by the City Council. Section 9255.13 All required im- provements shall be constructed under the inspection of and to ap- proval of the City Engineer. Cost of inspection shall be paid by the subdivider. Section 9255.14 All underground utilities, sanitary sewers and storm drains installed in streets, service roads, alleys or highways shall be constructed prior to the surfacing of such street, service roads, alleys or highways. Service connections for all underground utilities and sanitary sewers shall be laid to such lengths as will obviate the necessity for disturbing the street or alley improvements, when serv- ice connections thereto are made. Section 9255.2 General Require- ments Section 9255.21 Streets and Highways. All streets and high- ways shall be graded and paved to cross sections and grades ap- proved by the City Engineer. The subdivider shall improve the ex- tension of all subdivision streets, highways or public ways to the in- tercepting paving line of any county road, city street or State Highway. Section 9255.22 Structures. Structures shall be installed, as deemed necessary by the City En- gineer, for drainage, access and /or public safety. Such structures to be placed to grades and to be of a design approved by the City En- gineer. Section 9255.23 Curbs and Gut- ters. Curbs and gutters shall be installed to grades, cross section, layout and location approved by the City Engineer. Section 9255.24 Sidewalks. Side- walks may be required by the Planning Conunission and shall be installed to grades, location widths and cross- section approved by the City Engineer. Section 9255.25 Sewers. Sani- tary sever facilities connecting with the existing city or county sewer system shail be installed to serve each lot includinz one con- nection brought to each lot line, and to grades, locations, design and sizes approved by the City En- gineer. No septic tanks or cess- pools will be permitted. Storm water sewers shall be installed as required by the City Engineer. Section 9255.26 Water. Water mains and fire hydrants of design, layout and locations alm,oved by the City Engineer, correcting to the water system serving the City of Newport Beach, shell be in- stalled by the subdivider. Section 9255.27 Street Trees. Street trees may be required by the Planning Commission and if so shall be of a type approved by the City Engineer, and planted in locations approved by him. Section 9255.28 Street Light- ing. Street lighting may be re- quired by the Planning Commis- sion and the design, layout and lo- cation shall be approved by the City Engineer. Section 9255.29. Railroad Cross- ings. Provision shall be made for any and all railroad crossings ne- • • • cessary to provide access to or cir- culation within the proposed sub- divisions, including the prepara- tion of all documents necessary for application to the California State Public Utilities Commission for the establishment and im- provement of such crossings. The cost of such railroad crossing im- provement shall be borne by the subdivider. Section 9255.3 Monuments Section 9255.31 Permanent iron pipe monuments of a type ap- proved by the City Engineer shall be set at each boundary corner of the subdivision, along exterior boundaries at intervals of not over five hundred (500) feet, at the be- ginning and end of property line curves, and at any other points as may be required by the City En- gineer. Section 9255.32 Concrete monu- ments depressed below street grade with cast iron ring and cover of a type approved by the City Engineer shall be set at in- tersections of street centerline tan- gents and, where such intersect on private property, at the beginning and end of the centerline curve. Section 9255.33 Permanent ele- vation bench -marks of a type ap- proved by the City Engineer and referred to the City datum shall be set at location approved by the City Engineer. Section 9255.34 Lot stakes and tags shall be required on all lot corners. Section 9255.35 Any monument, 'bench-mark, or lot stakes, as re- quired by this Article that is dis- turbed or destroyed before accept- ance of all improvements shall be replaced by the subdivider. Section 9255.36 Complete field notes, in a form satisfactory to the City Engineer, showing references, ties, locations, elevations and other necessary data relating to monu- ments and bench marks set in ac- cordance with the requirements of this Article, shall be submitted to the City Engineer to be retained by the City as a permanent record. Section 9255.37 Monuments and bench -marks shall be set before final acceptance and release of bond by the City Council unless exception is recommended by the City Engineer and approved by the City Council. CHAPTER VII. EXCEPTIONS Section 9256.1 Application Section 9256.11 The Planning Commission may recommend that the City Council authorize condi- tional exceptions to any of the re- quirements and regulations set forth in this Article. Application for any such exception shall be made by a certified petition of the subdivider, s t a t i n g fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdi- vision. In order for the property referred to in the petition to come within the provisions of this sec- tion, it shall be necessary that the Planning Commission shall find the following facts with re- spect thereto: (a) That there are special cir- cumstances or conditions affecting said property. (b) That the exception is ne- cessary for the preservation and enjoyment of a substantial pro- perty right of the petitioner. (c) That the granting of the exception will not be detriments' o the public welfare or injurious o other property in the vicinity n which said property is situated. Section 9256.2 Planning Com- nission Action Section 9256.21 In recommend - ng such exceptions, the Planning commission shall secure substan- :ially the objectives of the regula- tions to which the exceptions are ,ranted, as to light, air, and the wblic health, safety, convenience ind general welfare. Section 9256.22 In recommend - ng the authorization of any ex- _eption under the provisions of this section, the Planning Com- mission shall report to the City Council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated. Section 92563 City Council Ac- tion Section 9256.31 Upon receipt of such report the City Council may by resolution authorize the Planning Commission to approve the tentative map with the excep- tions and conditions the City Coun- cil deems necessary to substan- tially secure the objectives of this Article. CHAPTER VIII. APPEAL Section 9257.1 Notice Section 9257.11 Appeal may be made to the City Council from any decision, determination or require- ment of the Planning Commission or City Engineer by filing a notice thereof in writing with the City Clerk within ten (10) days after such decision or determination or requirement is made. Such notice shall set forth in detail the action and the ground by and upon which the subdivider deems himself ag- grieved. Section 9257.2 Report Section 9257.21 The City Clerk shall report the filing of such no- tice to the Planning Commission and City Engineer. A written re- port shall be submitted to the City Council by the party whose decis- ion, determination or requirement is upon appeal. Section 9257.3 Action on Ap. peal Section 9257.31 The City Coun- cil at its next regular meeting fol- lowing the filing of said appeal, or within twenty (20) days follow- ing the filing thereof, shall set said appeal for hearing to be held within twenty (20) days there- after, and such hearing may for good cause be continued by order of the City Council. Upon the hearing of said appeal the City Council may overrule or modify the decision, determination or re- quirement appealed from and en- ter any such order or orders as are in harmony with the spirit and purpose of this Article, and such disposition of the appeal shall be final. CHAPTER IX. VALIDITY Section 9258.1 If any section, sub - section, sentence, clause or phrase of this Article is for any reason held to be invalid or un- constitutional by the decision of any court of competent jurisdic- tion, such decision shall not affect the validity of the remaining por- tions of the Article. The City Council of the City of Newport Beach, State of California, hereby declares that it would have passed this Article and each section, sub. section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub - sections, clauses or phrases be declared invalid or un- constitutional. CHAPTER X. PENALTIES Section 9259.1 Any person, firm, corporation, partnership or co- partnership who wilfully violates any of the provisions or fails to comply with any of the mandatory requirements of this Article is guilty of a misdemeanor, and upon conviction thereof shall be pun- ishable by a fine of not to ex- ceed five hundred ($500.00) dol- lars or by imprisonment in the City Jail, not to exceed six (6) months or by both fine and im- prisonment, except that nothing contained shall be deemed to bar any legal, equitable, or summary remedy to which the City of New- port Beach or other political sub- division, or any person, firm, cor- poration, partnership, or copart- nership may otherwise be entitledi and the City of Newport Beach or any other political subdivision or person, firm, corporation, part- nership or co- partnership, may file a suit in the superior court of the County of Orange, and restrain or enjoin any attempted or proposed subdivision or sale in violation of this Article. SECTION 3: This ordinance shall be published at least once in the Newport Harbor Ensign, a newspaper of general circulation, printed and published in the City of Newport Beach and shall be in force and effect thirty (30) days after the final publication thereof. The foregoing ordinance was submitted by the Planning Com- mission of the City of Newport Beach to the City Council of the City of Newport Beach, and pur- suant to the provisions of Section 35702 of the Government Code of the State of California, the said City Council did, on the 27th day of August, 1951, at a regular meet- ing thereof, set the 11th day of September, 1951 as the date for the holding of a public hearing on the foregoing Ordinance; and, on the said 11th day of September, 1951, the said hearing was opened; no one appeared to protest the. adoption of the said Ordinance;, thereafter, on the 24th day of- September, 1951, the said Ordi- nance was introduced at a regular meeting of the City Council of the City of Newport Beach held on said day; and, thereafter, on the Sth day of October, 1951, said Ordinance was duly adopted by the following vote, to wit: AYES, COUNCILMEN: Finch Ramsey, Greeley, Isbell NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Blue L. L. ISBELL Mayor C. K. PRIEST City Clerk Publish: Oct. 11, 1951 in the Newport Harbor Ensign. STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF NEWPORT BEACH C. K. PRIEST - - -, City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing Ordinance Y Y 9 9..- .....__..- .. ...- -------- ------------------- - - -- No ---------- 650 ------------------ was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the nth October 1 regular meeting place thereof, on the ............ ...... ......day, of................. ..._-....._...-..- .- ..._...............19- 5----- by the following vote: AYES: COUNCILMEN ------------ F''-1-n-c-h-r --- Rai s-eYr- .Gre-eleYr- Labe- 1. 1 ------------------------- -------- • NOES: COUNC 0 ABSENT: COUNCILMEN ...... - _blue Dated this....2th day of ---------------- October 19.551. � �C - .............. City Clerk and Ex-Officio Clerk of the City Council, City of Newport Beach, State of California NB 130 -500 -6/51 X12'