HomeMy WebLinkAboutOrdinance #504 ! 99 ORDINANCE NO. 4
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, PRESCRIBING REGULATIONS AND PROCEDURE
IN ADDITION TO THAT REQUIRED BY STATE LAW FOR THE
CONTROL OF REAL ESTATE SUBDIVISIONS, MAPS THEREOF,
AND RECORD OF SURVEY MAPS AND PROVIDING PENALTIES
FOR VIOLATION THEREOF.
The City Council of the City of Huntington Beach,
California, does ordain as follows:
SECTION 1.
R
Pursuant to Chapter 2, comprising Sections 11500 to
11628 inclusive, of Part 2 of Division 4 of the Business
and Professional Code of the State of California, known
as the Subdivision Map Act, the regulations prescribed
by this ordinance are hereby adopted. Said regulations
in addition to those prescribed by the Subdivision Map Act
must be complied with before the tentative, record of survey,
or final maps of real estate subdivisions or other dividing
of land into parcels may be approved by said City Council.
SECTION 2.
This ordinance may be cited as the "City SubdiTision
Ordinance ".
SECTION 3.
For the purpose of this ordinance the following words,
terms, and phrases are defined as follows:
"City" shall mean the City of Huntington Beach, Orange
County, California.
"City Council " shall mean the City Council of said
City of Huntington Beach.
1
1
Ord. 5014
"AdJacent City" shall mean any other city in Orange
County.
"Person" shall mean natural person, ,point venture,
joint stock company, partnership, association, club, company,
corporation, business trust, organization, or the manager,
lessee, agent , servant, officer or employee of any of them.
"Act " shall mean the Subdivision Map Act.
"Highway" shall mean any street that is a part of the
. California' or United States Highway system.
The terms "tentative map", "record of survey map",
"Final map", "subdivider'f, "Advisory Agency", "design",
and "improvement ", when used in this ordinance shall have
the meanings given to said terms, respectively, in said Act.
The term "subdivision". for the purposes of this
ordinance, shall have the same meaning given'•to said term by
said Act, but shall be construed to mean either improved or
s
unimproved land.
ADVISORY AGENCY
SECTION 4.
The City Planning Commission of the City of Huntington
Beach is hereby designated as the Advisory Agency for the
City of Huntington .Beach, and is charged hereby with .the duty
of making investigations and reports on the design and
improvement of proposed subdivisions®
SECTION 5.
All tentative maps, and all final maps and prints
thereof, filed with the Advisory Agency or the City Clerk
in accordance with said Act and this ordinance shall become
2
Ord. 5o4
0 the property of the city and be used for its records and
the purpose of fulfilling the requirements of said Act.
TENTATIVE MAP
SECTION 6.
(A) Tentative maps shall be filed with the Advisory
Agency by presenting them to the City Clerk who shall refer
them to the Advisory Agency at the first meeting thereof
after such filing.
(B) Every tentative map shall be drawn on tracing
•
cloth or paper to a scale of sufficient size to show the
design and all details clearly. At least four prints of
each tentative map, and one additional print thereof for
each ' adjacent city" or county that has requested the sub-
mission of such maps for report, shall be filed with the
City Clerk for the Advisory Agency, and shall show or be
accompanied by the following information:
•
(1) A legal description of the proposed sub—
division,_ or the proposed tract of land to be divided, and
approximate acreage involved.
( 2) The name and address of record owner, sub--
dividor, and engineer or surveyor.
(3) The relative. locations of adjoining sub—
divisions, adjoining or abutting streets and alleys, and
names of said streets and subdivisions.
(4) Easements provided, or to be provided, for
public utilities, except where such utilities are to be
placed in streets or alleys, and proposed location of
utility lines. Easements shall be not less than five (5)
r
3
Ord. 504
feet in width, but may be required to be ten (10) feet
wide.
(5) The streets, alleys, or public areas which
are to be dedicated by final map.
(6) Proposed names of streets to be dedicated,
also the proposed width and grade of streets.
(7) Cross—sections, plans, and brief specifications
of proposed street improvements.
. (8) Private easements , if any, are to be so
marked, and dimensions shown.
(9) Approximate size and arrangement of all lots.
(10) Approximate dimensions, including length of
. each curve radius.
(11 ) Contour at two ( 2) feet intervals if slope
is less than 10% and at five ( 5) feet intervals if slope
is over 10%.
(12) Railroads, buildings, drainage ways, loc—
ation of -existing sewer and water mains, and other topo—
graphic f eat—ures which the Advisory Agency, or its Engineer,
may consider necessary.
(13) Plans and brief specifications of proposed
drainage system.
M (14) North point, scale, date of plat.
(15) Boundary of proposed subdivision.
(16) Method of sewage disposal.
(17) Land subject to overflow or inundation,
(18) Source, quality and assurance of continued
supply of domestic potable waters
4
Ord. 504
FINAL NEAP
SECTION 7.
(A) A final map or a record of survey map submitted
for approval of the City Council shall conform to the approved
or conditionally approved tentative map thereof, and to the
provisions of said Act and this ordinance, and shall be
accompanied by a negative and three blue line prints of
such final map or Record of Survey map.
r (B) Final maps shall be filed with the City Clerk
who shall refer them to the City Council at its next meeting
following such filing.
(0 ) Final maps shall also show the following infor—
mation:
(1) Name and number of subdivision. This number
shall be secured from the County Surveyor.
( 2) Name and/or number and relative location
r
of each adjoining subdivision.
(3) Adjoining and/or abutting alleys and streets
and names and widths of said public ways.
(4) All lots numbered consecutively, beginning
with number 11111 ineach block and continuing with no prefixes,
suffixes nor repetition; all blocks numbered consecutively,
beginning with number I'll' or lettered in the order of the
alphabet beginning with the letter "A" and continuing with
no prefixes, suffixes, nor repetition.
(5) Basis of bearings and ties to established
monuments or points used to make survey which are satisfactory
to the City Engineer off' the City of Huntington Beach.
5
Ord. 504
(6) Scale, north point and date of survey.
(7) Easement of not less than five (5) feet in
width, and dedications thereof, for public utilities , unless
the City Council has approved the location of the same in
public streets or alleys. Wider easements may be required
by the City Council.
(8) That the map is an accurate plat of the
survey it represents.
(9) Accurate dimensions in feet and decimals
of a foot, of the lines of all lots, streets, alleys, ease-
ments, and public or private reservations.
(10) The angles and bearings of lot, street and
alley lines®
(11) The location of set-back lines established
by owner.
(12) Center Line data.
(13) Radius, tangent distance, length of curve,
and central angle of curves.
(D) Final Maps shall be accompanied by the following
inf ormat ion:
(1) Evidence of title to property proposed to
be dedicated to public use as shall be satisfactory to said
City Council.
( 2) Complete plans, profiles, details and
specifications for improvements proposed to be made, unless
a written contract providing for the City to make such
improvement plans is made, approved and accepted by the
City Council. . .
( 3) Copies of the field notes, traverse sheets,
6
Ord. 504
and other data which may be necessary to assist the City
Engineer in determining that said Final Map is technically
correct.
(4) A statement declaring whether or not all
lots meet the minimum lot area and frontage requirements.
GENERAL PROVISIONS
SECTION 8.
1. Tentative and Final Maps may be rejected or dis—
approved if they do not, or the subdivisions or surveys
represented thereby, together with supporting data, do not
conform to the conditions end provisions enumerated in this
section as well as those provided for elsewhere in this
ordinance and said Act.
2. All maps shall conform to any Official Plans and/or
any section of a Master Plan adopted by the City Council prior
to the date of filing of the tentative map with the Advisory
Agency.
3. All streets and alleys shall be dedicated for public
use; and all other public areas or parcels intended for public
or community use shall be dedicated for public use except those
parcels reserved for the exclusive use of lot owners of the
tract as provided in said Section 11590 of said Act.
4. All proposed streets and alleys may be required
to be in alignment with certain existing streets and/or alleys;
however, the location, width, and courses of streets or alleys,
regardless of alignment, shall be made to meet with the approval
of the City Council.
5. Streets shall be required to intersect one another
at an angle as near to a right angle as is practicable in
7
Ord. 504
each specific case.
6. A street or alley designed to have one end perman-
ently closed shall be provided at the closed end with a turn-
ing circle , or other means satisfactory to said Council, for
the turning around of vehicular traffic; provided, however,
that if such streets or alleys would destroy the continuity
of an existing street or alley, or the existing street system,
or any street or alley shown on any faster Plan or any Section
thereof or any, "Official Plane, they shall not be permitted.
The radius of the turning circle for a street shall be not
less than forty-three (43) feet and for an alley shall be not
less than twenty-five (25) feet.
7. A street or alley may be terminated without a
turning circle at the boundary line of any subdivision if
such street or alley is proposed by the City Council to be
extended, or is shown on any Master or Official Plan as one
which is proposed to be extended, from said line of termination
over and across land adjoining the subdivision submitted for
approval.
B. The City Council may require a street to terminate
in a turning circle, rather than to intersect another street,
in order to reduce traffic hazards, to facilitate traffic
movement on major streets, or to improve the design of the
subdivision and street pattern from the standpoint of public
safety and welfare.
9. Streets shall not be less than sixty (60) feet in
width, and shall have an improved and surfaced roadway at
least forty (40) f e etwide.
10. Alleys of not less than eighteen (18) feet in
8
Ord. 504
width shall be required in areas designated as residential
districts, and alleys of not less than twenty ( 20) feet in .
width shall be required in all other districts unless the
rear of the lots adjoin a railroad right of way. Where
alleys intersect, a ten (10) foot by ten (10) foot cut-
off shall be required at all corners.
11. Names of streets, as proposed, shall be subject
to change and final approval by the City Council, and only
names so approved shall become official names. Acceptance
of any street dedicated and named by an approved final map
shall also constitute the official naming of said street by
the City Council.
12. The plan of the streets, as to use, may be sug-
gested by the subdivider, but only such traffic lanes, parking
strips, parkways, sidewalks, and provision for utilities,
approved by said Council, shall be permitted.
13. (a) A curb radius of not less than twenty-five
(25 ) feet shall be required at corners formed by intersecting
highways. A curb radius of not more than twenty-five ( 25 ) feet
may be required at intersections of streets and highways,
which form angles of approximately ninety (900) degrees.
In order that such curb may be built without curtailing the
siderwalk, or parkway, or combination of both, to less than
approved width, the property lines at such corners shall be
rounded by a radius sufficient to permit such full-width
sidewalk and/or parkway construction, provided, however, that
where a, similar, existing corner at the same intersection
then said property line curb radius
provides for a greater' curb radius /may be required to conform
I
to said existing radius, but no property line curve radius need
be over twenty-five (25 ) feet in length.
9
Ord. 504
(b) Where streets other than highways, or a
combination cf a street and highway, intersect at approx-
imately ninety (900) degrees, the property line at such street
corners may be required to be rounded by a curve formed by
a radius up to fifteen (15) feet in length.
( c) Rounded block corners of larger radius than
those mentioned above may be required where streets or State
Highways intersect at angles other than approximately ninety
(90o) degrees.
14. No curb return having a radius less than the combined
sidewalk and parkway width shall be permitted.
15. Lots designed to have street frontage on both
opposite ends or sides may be considered cause for disapproval
of the map.
16. Each lot in any residential district shall have
a minimum width of fifty. (50) feet along the adjoining street
and shall have an area of not less than five thousand (5000)
square feet, provided however, that where lots front upon a
turning circle or a street having a curve formed by a center-
line radius of one hundred twenty-five (125) feet or less, the
width of such lots along said street frontage may be reduced
to twenty-five ( 25) feet where said frontage of such lot is
closer to the center of the said curve than the rear line of
any such lot.
17. Each lot fronting on a highway may be required to
have a length of not less than one hundred twenty-five (125)
feet.
18. In blocks over six hundred (600) feet in length,
a pedestrian cross walk not less than six (6) feet nor more
10 Lna
Ord. 504
than ten (10) feet in width may be required.
19. Along highways or railroad rights of way unus-
ually long blocks may be required in order to prevent fre-
quent intersections.
20. Monuments shall be placed at the intersections
of the center lines of all streets to be dedicated by said
maps, at the intersections of said center lines with the
center lines or monumented center lines of streets existing
prior to the filing of said maps, and at such other angle
points or points of curve as the City Engineer may require.
Said monuments shall be permanent, adequate and of a standard
type approved by said City Engineer, and shall be set suffici-
ently deep so that the tops of said monuments shall be at least
one (1) foot below the official paving grade of said streets
at such points. On streets paved prior to the development
of the subdivision, center line points of a type satisfactory
to the City Engineer may be set in the pavement instead of
monuments.
21. If, in the opinion of the City Council, the streets
and alleys shown on any tentative map do not provide the most
suitable, reasonable, or economic locations for any of the
distribution facilities of the utilities, such as sewers,
storm drains, water and gas mains, and pole lines and/or con-
duits for electric current, or other devices providing for
community service, into or through the land shown on said map
either for the service thereof or for the service of other
areas, said Council may require provision to be made for the
location of such utilities and facilities therefor on routes
elsewhere than within said streets or alleys. This may be
11
Ord. 504
done either by the dedication of the public easements for
said utility purpose as part of the final map, or by the
filing of supplementary instruments .which shall adequately
protect the public interest in the matter of location and of
right of way for said utility purposes. Said easements may
be required to be adjacent to and follow lot lines.
22. Areas which are a part of or within one hundred
(100) feet of existing natural water courses shall not be
. subdivided without approved restrictions as to the use thereof,
in addition to those imposed by other ordinances.
23. All maps filed for approval shall show the required
data in a generally approved manner, and opaque ink shall be
used on all stamped or written matter including signatures,
so that legible prints thereof can be produced.
24. No tentative, record of survey or final map showing
land subdivision plans which would cause a burden or hardship
on property adjoining said subdivision, shall be approved.
Reserve strips at the end of streets or at the boundaries of
a subdivision shall be deeded unconditionally to the City of
Huntington Beach.
25. A copy of the applicable deed restrictions, or
tract restrictions, if any, shall be submitted with filed maps.
26. If a parcel of land or portion thereof, shown on
the last preceding tax roll as a unit or as contiguous units,
is divided into five ( 5) or more parcels within any one-year
period for the purpose of lease, whether immediate or future,
then leasing, contracting to lease, or offering to lease any
or all of such lots or' parcels so created shall be unlawful
12
Ord. 504
until a tentative and final map thereof, in full compliance
with the provisions hereof and of said act , has been approved
by the City Council, and the same regulations and requirements
hereof as to design and improvements as would be required in
a subdivision of such land have been accomplished or an agree-
ment, satisfactory to said City Council, that such requirements
will be. met, and such improvements will be installed, has been
made.
27. The City Council may require a right-of-way for
or an agreement to permit a railroad over and across land
which lies in an industrial district as determined by the
Districting Ordinance of the City of Huntington Beach, Calif-
ornia, (Ordinance No. 495) if such railroad right-of-gray is
considered by the City Council to be necessary for develop-
ment of. such land and for adjacent land lying within any such
industrial use district.
SECTION 9.
The provisions and procedure of this ordinance and said
Act relating to tentative and final maps shall also apply to
record of survey maps, except where such provisions are in
conflict with Chapter 506, Statutes of 1933 of the State of
California, and amendments thereto.
SECTION 10.
( a) Improvements, or an agreement to make improvements,
shall be required by the City Council as a condition precedent
to approval of any map. Said improvements shall be made in
accordance with standards and applicable specifications of
the City of Huntington`Beach, and shall be done according to
plans, elevations, and grades approved by the City Council.
13 �`
Ord. 504
(b) Such -improvements shall include street and alley
grading and surfacing, gutters, curbing, sewage mains and
connections, adequate distribution lines for domestic water
/ supply to each lot, facilities for distribution of electricity,
drainage structures and other faciilities made necessary as a
result of the subdivision.
( c) Installation of sidewalks and driveways may be
required by the City Council.
-(d) Street tk/ree planting may be done providing the
� P g
plans for the same are fully set forth and approved by the
City Council.
SECTION 11.
The subdivider or other person who has filed a subdiv-
ision or record of survey map, shall pay the actual costs of
all work done by or under the direction of the City Engineer
of the City of Huntington Beach in checking all maps, date
r
and information presented to said Engineer, City Council and
Advisory Agency relating to such maps. Such subdividor or
other person shall deposit with said City, prior to any work
being done by said Engineer, a sum sufficient to cover such
costs, which sum shall be estimated by said Engineer. In the
event the actual costs of checking shall be in excess of the
sum on deposit, the final map shall not be approved, nor the
City Engineer' s certificate signed on any record of survey map,
until such actual coats shall have been paid. In the event
the sum on deposit shall be in excess of the actual costs,
the City shall return such excess to the person making such
deposit immediately after the approval of the final map or
14
Ord. 504
the signing of the record of survey map by said Engineer.
SECTION 12.
(a) The provisions of this ordinance are considered
to be the minimum requirements necessary to protect the
public interest in the matter of the subdivision of land and
developments incidental thereto. If, in any certain case,
the requirements hereof as to street or alley width, location,
termination or extension or as to any other specific provision
affecting the physical development of the land cannot be
carried out without causing results inconsistent with the
intent and purpose of this ordinance or without causing
grossly inefficient use of land or without otherwise produding
exceptional and unnecessary difficulties which could be reliev-
ed by a modification of the fixed requirements of this ordin-
ance, but not defeat its general purpose , such modifications
or conditions may be made by the City Council as to any cer-
tain subdivision or other map requiring approval of the City
Council by the following procedure:
(b) If the subdivider or other person submitting the
map is dissatisfied with the conditional approval or dis-
approval of the map by the Advisory Agency, he may appeal
to the City Council in accordance with the provisions of
Section 11552 of Article 4 of the Subdivision Map Act, except
that such public hearing as provided for therein shall be
advertised in a newspaper of general circulation in said City
at least five (5) days prior to the date set for said hearing.
After said hearing, the City Council may make such modifications
as are permitted hereby' a.nd by said Act.
(c ) 1. After receipt of the recommendation of the
Advisory Agency with respect to any map or related matter,
15
Ord. 504
the Council considers that modifications as provided for in
this Section are advisable, they may send the map to the
Advisory Agency for reconsideration, or may set the matter
for public hearing and give notice thereof in a newspaper
of general circulation in said city at least five (5) days
prior to the date of said hearing. After said hearing the
City Council may make such modifications as are permitted by
this Section but only by a four-fifths (4/5) vote of the
entire membership of the City Council.
2. If the map is returned to the Advisory Agency,
it shall be acted upon in the same manner as a new map.
SECTION 13.
All ordinances or portions thereof in conflict here-
with are hereby repealed insofar as they do conflict with
the provisions of this ordinance.
VALIDITY
/ SECTION 14. /
If an section subsection sent ce clause or phrase
y , , , a e p a e
of this ordinance is for any reason held to be invalid or
unconstitutional by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portion of this ordinance. The City Council of said City
1 hereby declares that it would have passed each provision
of this ordinance irrespective of the fact that one or more
section, subsections, sentences, clauses or phrases, or por-
tions thereof, be declared invalid or unconstitutional.
16
Ord. 504
VIOLATION
SECTION 15.
Any person, firm, or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punishable
by a fine of not more than Three Hundred ($300.00) Dollars_,
or imprisonment in the County jail for a period of not more
than three ( 3) months or by both such fine and imprisonment.
SECTION 16.
The City Clerk shall certify to the passage and adoption
of this ordinance and shall cause the same to be published by
one insertion in the Huntington Beach News, a weekly newspaper,
printed, published and circulated in the City of Huntington
Beach, California, and thirty (30) days after the adoption
hereof the same shall take effect and be in force.
PASSED AND ADOPTED by the City Council of the City of
r
Huntington Beach, California, at a regular meeting thereof
held on the Toth day of December , 194 6 .
MAYOR
ATTEST:
City Clerk
P
1
17
Ord. 504
r STATE OF CALIFORNIA }
County of Orange ) Be
City of Huntington Beach )
I, C. R. FURR, the duly elected, qualified and acting
City Clerk of the City of Huntington Beach and ex•-officio
Clerk of the City Council of said City of Huntington Beach,
.do hereby certify that the whole number of members of the
City Council of the City of Huntington Beach is five; that
the foregoing Ordinance was first read to said City Council
at a regular meeting thereof held on the 2nd day of
r
December , 1946 , and was again read to said City
Council at a regular meeting thereof held on the 16 day
of December , 1946 , and was passed and adopted
by the affirmative vote of more than a majority of all the
members of said City Council as follows:
AYES: Councilmen:
Grable,Terry,Hawes,Langenbech,Bartlett
NOES: Councilmen:
None
ABSENT: Councilmen:
None
1 s
1
City Clerk and ex—officio Clerk
of the City Council of the City
of Huntington Beach, California.
1
18