HomeMy WebLinkAboutOrdinance #676 ORDINANCE No. 676
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH RELATING TO AND REGULATING THE
DEVELOPMENT OF SUBDIVISIONS IN THE CITY
OF HUNTINGTON BEACH SETTING FORTH IM-
PROVEMENT REQUIRED IND PROVIDING FOR
PENALTIES FOR THE VIOLATION THEREOF, AND
ADDING .TO THE HUNTINGTON BEACH ORDINANCE
CODE, CHAPTER 97 ENTITLED "CITY SUBDIVIS
ION ORDINANCE" , AND ADDING ARTICLE 970
• ENTITLED "PURPOSE OF ORDINANCE11,ARTICLE
971, ENTITLED "DEFINITIONS" , ARTICLE 972 '
ENTITLED "TENTATIVE MAP', ' ARTICLE 973
ENTITLED "FINAL MAP" , ARiICLE 974 ENTIT-
LED "GENERAL REGULATIONS AND DESIGN" ,
ARTICLE 975. ENTITLED "IMPROVEMENTS" ,
ARTICLE 976 ENTITLED "EXCEPTIONS" ,ARTICLE
977 ENTITLED "APPEAL",.
The City Council of the City of Huntington Reach
does ordain as follows:
• Section .l. That a new chapter is hereby added to the
Huntington Beach Ordinance Code , to be designated as
Chapter 97, entitled "City Subdivision Ordinance" .
Section 2. That a new Article is hereby added to the
Huntington Beach Ordinance Code as part of Chapter 97, to-
wit: Article 970, entitled "Purpose of Ordinance" , said
Article to consist of Sections 9700, 9700.11 9700.29
9700.3 and 9700.4, which new sections shall read in words
and figures as follows:
Section 9700., Purpose of Ordinance : This Ordinance
is enacted for the purpose of adopting subdivision regula-
tions for the City of Huntington Beach,` State of Califor-
nia.
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:Ord. No. 676
Section 9700.1 The Planning Commission of the City of
Huntington Beach, State of California, hereinafter referred
to as the Planning Commission, is hereby designated as the
Advisory Agency with respect to subdivisions as provided
in the Subdivision Map Act of the State of California.
Section 9700.2. The Planning Commission shall have all
the powers and duties with respect to tentative and final
maps, and the procedure relating thereto.
Section 9700.3. The Planning Commission of the City cf
Huntington Beach is hereby designated as the advisory
agency with respect to resubdivision of any lands within
the City of Huntington Beach.
Section 9700.4. It shall be unlawful for any individual,
firm, association, syndicate , co-partnership, 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 cf
Huntington Beach, unless and until all the requirements
hereinafter provided have been complied. with.
Section 3. That a new Article is hereby added to the
Huntington Beach Ordinance Code as part of Chapter 97, to-
wit: Article 971 entitled "Definitions" , said article to
consist of Sections 9711, 9711.11 9711.21 9711.31 9711.41
9711.5 and 9711.6, which new sections shall read in words
and figures as follows :
Ovd. No. 676
Section 9711. Cross Slope: . The percentage of grade
across the land .measured from the highest point to the low-
est point of all of the land within the subdivision.
Section 9711.1. Map Act. "Map Act" shall be deemed to
mean the Subdivision Map Act of the State of California.
Section 9711.2 Owner: "Owner" is the individual, firm,
association, syndicate , copartnership, or corporation having
sufficient proprietary interest in the land sought to be
subdivided .to commence and maintain proceedings to subdivide
the same under the Ordinance , and while used here in the mas-
culine gender and singular number it shall be deemed to mean
the feminine and neuter gender and plural number whenever re-
quired.
Section 9711.3. Subdivider: "Subdivider" shall mean any
individual, firm, association, syndicate , co-partnership,
corporation, trust or any other legal entity commencing proceed=x-i.;;
ngs under this Ordinance , to effect a subdivision of land
hereunder for himself or for another, and while used here
in masculine gender and singular number, it shall be deemed
to mean and include the feminine or neuter gender and the
plural number whenever required.
Section 9711.tj:. Subdivision: "Subdivision" shall. mean
any land or portion thereof shown on the last preceding tax-
roll as a unit or as a contiguous unit which is divided into
two or more lots or parcels for the purpose of sale, includ-
ing sales contracts or long-term land lease, whether immediate
or future by any subdivider.
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Ord. No. 676
Section 9711.5. Hillside Areas: A "hillside area" as
referred to herein is defined as one with an average slope
of 15% or more . The standards under Section 9741.4 apply
a
to all hillside areas with the added provision that areas
with a cross slope of 40% or greater are considered to be
extremely rugged and the development of this terrain is
limited to lot size typed III and IV as defined below:
(a) Type I - Lot Area 6,000 to 10,000 square feet.
A Type I subdivision is one in which the lot size is between ,
6,000 and 10,000 sq. ft. with all of the lots having an area,
of not less than 6,000 sq. ft.
(b) Type II - Lot Area 10,000 feet to 20,000 feet.
In this classification are subdivisions in which Ms hav-
ing an area in excess of 10,000 square feet.
(c) Type III - Lot Area 20,000 feet to One Acre .
In this classification are subdivisions in which 800
of all lots have an area of 20,000 square feet' or over, and
the average area of all lots is 20,000 square feet or over.
(d) Type IV - Lot Area One Acre or Over. Eighty
percent of the lots in this classification shall be One
Acre or over, and the average area of all lots in the sub-
division shall be One Acre or Over.
Section 9711.6. Streets:
(a) Major Streets (Arterial) . A street carrying
inter-city through traffic and/or relating several sections
Ord. No. 676
or neighborhoods within the city.
(b) Secondary Streets (Collector) . Streets which
collect and carry traffic from minor streets to arterials
and also carry traffic
within a particular area of the City.
(c) Minor Streets - A street which serves only
the abutting property.
(d) Cul-de-sac - A minor street terminating in
a turn-around.
(e) Loop Street - A minor street which forms a
loop and returns to the same street from which it originated.
A street forming a connection between two other streets
is' not considered a loop street.
(f) Street - An improved traveled way providing
. the primary access to abutting property.
Section 4. That a new Article is hereby added to
the Huntington Beach Ordinance Code as part of Chapter 97
to-wit : Article 972, entitled "Tentative Map", said Ar-
ticle to consist of Sections 9721, 9721.19 9721.21 9721.39
9721.49 9721.59 9721.69 9721.7 and 9721.8 which sections
shall read in words and figures as follows :
Section 9721. Tentative Map: Of subdivision of
four or less lots.
Section 9721.1 Filing and Approval:
(a) Four copies of the tentative map of proposed sub-
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Ord. No. 676
subdivision of any land into four (4) or less lots shall
be filed with the Planning Commission.
(b) The tentative map shall show the dimensions of
the proposed lots or division and;, any other information
deemed necessary by the Subdivision Committee.
(c) Prior to recommending approval to the City Council,
the Planning Commission shall determine whether the pro-
posal is in conformity with law and this Ordinance ', whether
the size and shape of the proposed lots is in general con-
formance to city requirements, and whether all the proposed
lots will have proper and sufficient access to a public
street. Recommendation .for approval shall be by majority
vote of the members of the Planning Commission and shall be
noted by endorsement on the maps. One copy of the approved.
map shall be retained in the files of the Planning Commission
and the balance forwarded to the City Council.
(d) Approval of the tentative map by the City Council
shall be deemed as final approval and no final map need
be submitted, except when the City Council may require that
all the provisions of this Ordinance pertaining to subdivis-
ion into five (5) or more lots be complied with where it is
the opinion of the Planning Commission that the intent is
to ultimately subdivide into five (5) or more lots.
Section 9721'.2 Tentative Map: Of subdivision of five
or more lots.
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Ord. No. 676
Section 9721.3. Filing: Twelve (12) copies of a tenta-
tive map and statement of the proposed subdivision of any
land into five or more lots shall be submitted to the
Planning Department at least fifteen (15) days prior to
filing at the meeting of said Commission, at which consider-
ation is desired, together with a filing fee of twenty-five
dollars ($25.00) .
Section 9721.1+. Department Approval: The Planning
Commission shall transmit copies of such tentative map to
the City Engineer and may transmit copies thereof to other
departments and agencies as it deems advisable . Upon re-
ceipt of a copy of such tentative map each department to
whom, or to which the same has been transmitted shall ex-
amine the said map to ascertain if same conforms to the
requirements coming within the authoritative scope of such
department, and within ten (10) days after receipt thereof,
each department shall make a written report to the Planning
Commission. If said map conforms to the requirements com-
ing within its authorized scope , such department shall so
state within its report to the Planning Commission. If
said map does not conform to such requirements or any of
them, such department shall so state in said reports noting
therein the particulars in which said map does not conform.
Section 2721. 5. Size :
(a) Tentative maps shall be eighteen by twenty-six
inches (18" x 2611) in size and to a scale of not less than
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one inch equals one hundred feet (111 = 100t ) unless
otherwise approved by the Planning Commission, and shall
be clearly and legibly reproduced.
Section 9721.6. Information on Map: The tentative
map shall contain the following information.
(a) The subdivision name and/or number, date , north
point, scale andsufficient description to define the loca-
tion and boundaries of the proposed subdivision.
(b) Name and address of record owner or owners of
said subdivision.
(c) Name and address of the subdivider.
(d) Name , business address and number of the regis-
tered engineer, or licensed surveyor, who prepared map
of said subdivision.
(e) Elevations or contours at intervals of 21 up to
grade , 5t up to 10% grade and lot over 10% grade to de-
termine slope of the land and the high and low points there-
of, unless approval is obtained from the City Engineer to
allow greater intervals.
(f) The locations , names, widths and approximate grades
of all roads, streets, highways, ways , and location of exist-
ing streets in the proposed subdivision and along the bound-
aries thereof.
(g) The location and character of all existing or pro-
posed public utility facilities in said subdivision or on
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Ord. No.676
said adjoining and contiguous highways, streets and ways.
(h) The approximate widths, location and purpose of all
existing or proposed easements contiguous to the proposed
subdivision.
(i) Approximate lot. layout and approximate dimensions
of each lot and each to be numbered.
(j) The outline of any existing buildings to remain
in place and their location in relation to existing or pro-
posed street and lot lines.
(k) Approximate location of all areas subject to in-
undation or storm grater overflow and the location, width
and direction of flow of all water courses.
(1) Typical street sections and detail.
Section2721.7. Information on Statement : The state-
ment to accompany map shall contain the following informa-
tion:
(a) Existing use or uses of the property and present
zoning.
(b) Proposed use of 'property.' If property is propos-
ed to be used for more than one purpose, the area, lots or
lot proposed for each type of use shall be shown. on the
tentative map.
(c) Statement of the improvements and public utilities,
including water supply and sewage disposal, proposed to be
made or installed and the time at which such improvements
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Ord. No. 676
J
are proposed to be completed.
(d) Public areas proposed.
(e) Tree planting proposed.
(f) Restrictive covenants proposed.
(g) Justification and reasons for any exceptions to
. provisions of this ,Ordinance.
Section 9721.8. Planning Commission Approval:
(a) The Planning Commission shall determine whether
the tentative map is in conformity with the provisions of
law and of this Ordinance , and upon that basis within
thtty (30) days after the filing of the tentative map,
approve , conditionally approve , or disapprove the same and
shall report such action direct to the subdivider and shall
also transmit to the City Engineer a copy of the tentative
map, and a memorandum setting forth the action of the Com-
mission thereon.
(b) The Planning Commission may require the subdivider
to set aside or may suggest to the subdivider` the advisabil-
ity 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 intended to
occupy the subdivision under the plan of proposed property
uses therein. In all cases, the Planning Commission shall
suggest to the subdivider such measures as will make for ex-
cellence of residential , commercial or industrial development.
10.
Ord. No. 676
(c) 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 fo.r ]Vuman habitation or occupancy by the
Health Officer of the City or/RRhorized to act in the City' s
interest.
Section 5. That a new Article is hereby added to the
Huntington Beach Ordinance Code , as part of Chapter 97, to-
wit: Article 973, entitled "Final Map" , said Article to con-
sist of Sections 9731 , 9731.1, 9731.21 9731.31 9731.41 9731:57
9731.61 9731.77 9731.81 9731.9, 9731.10, 9731.11, 9731.12,
9731.137 9731.147 9731.15, 9731 .167 9731.17, which new sec-
tions shall read in words and figures as follows:
Section 9731. Filing : Within one year after approval
or conditional approval of the tentative map, the subdivider
shall cause the subdivision or any part thereof, to be sur-
veyed and a final map thereof prepared in conformance with
the tentative map as approved or conditionally approved.
The tracing and two blueline or blackline prints of the
final map shall be filed with the Planning Commission,
together with a checking fee of twenty-five ($25.00) Dollars
plus one dollar ($1.00) per lot shown on the final map ,which
map .shall be checked by the Office of the City Engineer. An
Ord. No. 676
extension of time for filing of the final map may be granted
by the City Council upon recommendation by the Planning
Commission, providing written application is made by the sub-
divider within one year after action on tentative map.
Section 9731.1. Time of Filing: At the time of the
filing of the final map with the Planning Commission the sub-
divider shall also 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, is-
sued to or for the benefit and protection of the City of Hunt-
ington Beach, showing all parties whose consent is necessary
of their interests therein.
(b) The instrument prohibiting traffic over the side
lines of a major highway, parkway, street or freeway, when
and if the same is required under Section 9741.6 hereof.
(c) Sheets and drawing showing traverse closures and
the computation of all distances, angles and courses shown
on the final map , ties to existing and proposed monuments,
and adjacent subdivisions , street corners and/or highway
stations.
Section 9731.2. Form of Final Map : The final subdivis-
ion map shall be clearly and legibly drawn upon tracing cloth
of good quality. All lines, letters, figures, certifications
acknowledgements and signatures shall be made in black india
ink. Typewriting or rubber stamps shall not be used. The map
Qrd. No. 676
shall be so made and shall be in such condition when filed
, that good legible blueprints and negatives can be made there-
from. The size of the sheets of tracing cloth shall be
eighteen by twenty-six (1811 x 2611) inches, leaving a margin
of one inch (111) at the left- edge and one inch (lit) at the
other three edges of the sheets. The scale of the final map
shall be one inch equals one hundred feet (lit = 100t ) unless
a larger scale is approved by the City Engineer.
Section 9731.3 - Map of More Than Two Sheets: When the
final map consists of more than two sheets, a key map show-
ing the relation of the sheets shall be placed on sheet one.
Every sheet comprising the map shall bear the scale north
point , legend, sheet number and number of sheets comprising
the map.
Section 9731.4. System of Coordinates: 1Aherever the
City, Engineer has established a system of coordinates then
the survey shall be tied into such system. The map shall
show clearly what stakes, monuments or other evidence where
found on the ground, to determine the boundaries of the
subdivision. The adjoining corners of all adjoining subdiv-
isions shall be identified by lot and block numbeirb, subdiv-
ision name and place of record, or other proper designation.
Section 9731.5. Bearings and Lengths: Sufficient data
must be shown to determine readily the bearing and length of
every street center line, lot line , block line and boundary
line. Dimensions of lots shall be given as total dimensions,
corner to corner, and shall be shoom 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 hun-
dredth. Bearing and lengths of straight lines, and radii
and arc length and center angle 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
dimensioned to contain any part of any existing or proposed
public right-of-way.
Section 9731.6. Data Indicating Monuments: Whenever
the City Engineer 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 were reset by ties, the course and detail of reloca-
tion data used by the City Engineer .shall be stated.
Section 9731.7. Location and Description of Monuments:
The map shall show the location and description of all mon-
uments found in making the survey of the subdivision.
Section 9731.8. Additional Preparation of Final Map :
In addition, the final map shall be prepared in full. com-
pliance with the following requirements:
(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 also show any area subject to
periodic inundation by water.
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Ord.. No. 676
(b) The boundary of the subdivision shall be designated
by a blue border applied to the reverse side of the tracing
and on the face of the blueline prints. Such border shall
not interfere with the legibility of figures or other data.
(c) Streets and other rights-of-lay. The maps shall
show the center and border lines of all streets, the total
width of all streets, the width of the portion being dedicat-
ed and the width of existing dedications , and the widths
each side of the center line , also the width of railroad
rights-of-i..ay, appearing on the map.
(d) The map shall show the side lines of all easements
to which the lots are subject. The easement must be clearly
labeled and identified and if already of record, its record-
ed 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 lines. The
width of the easement and the lengths and bearings of the
lines thereof and sufficient ties thereto definitely locate
1 the easement with respect to the subdivision must be shown.
If the easement is being dedicated by the map , it shall be
properly referred in the owner' s certificates of dedication.
(e) City boundary lines crossing or bounding the sub-
division shall be clearly designated and referenced.
(f) Lot numbers shall begin with the number 111" in
each block and shall be numbered in a clockwise direction
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Ord. No. 676
from the upper left-hand corner; north shall be generally up
on the map.
(g) Block letters shall begin with a Letter "A", con-
tinuing consecutively without omission or duplication through-
out the subdivision. The letters shall be solid and of suffic-
ient size and thickness to stand out; shall be so placed as
not to'" obliterate any figure and shall not be enclosed in any
design. Each block in its entirety shall be shown on the sheet.
Where adjoining blocks appear on separate sheets, the street
adjoining both blocks shall be shown on both sheets complete
with center line and property line data.
(h) The map shall also show all other data that is, or
may be required by law.
(i) The final map shall particularly define, delineate
i
and designate 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 defined in every case. Parcels
offered for dedication but not accepted shall be designated
by letter.
Section 9731.9. Certificates and Tax Bond: The follow-
ing certificates and acknowledgements and all other, now or
hereafter required by law, shall appear on the final map;
such certificates may be combined where appropriate.
(a) A certificate signed and acknowledged by all
parties having any record title interest in the land subdivid-
ed, consenting to the preparation and recordation of said map,
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Ord. No. 676
provided however, that the signatures of parties owning the
following types of interests may be omitted if their names
and the nature of their interests are set forth on the map .
1. Rights-of-way, easements or other interest
none of which can ripen into a fee.
2. Rights-.of-way, easements or reversions,
which by reason of changed conditions , long dis-
use or laches appear to be no longer of practical
use or value and which signature it is impossible
or impractical to obtain. In this case a reason-
able statement of the circumstances preventing
the procurement of the signatures shall be set
forth on the map.
f
3. Any subdivision map including land original-
ly patented by the United States or the State of
California , under patent reserving interest to
either or both of these entities, may be recorded
under the provision of this Ordinance without the
consent of the United States or the State of Calif-
ornia thereto, or to dedication made thereon.
(b) Dedication Certificate . A certificate signed and
acknowledged as above , offering for dedication all parcels
of land shown, on the final map and intended for any public
use , except those parcels other than streets, which are in-
tended for the exclusive use of the lot owners in the subdiv-
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Ord. No. 676
ision, their licenses, visitors, tenants and servants.
(c) Engineer' s Certificate._ A .certificate by the
Civil Engineer or licensed surveyor responsible for the sur-
vey and final map. The signature of such Civil' Engineer or
Surveyor, unless accompanied by his seal, must be attested.
(d) A certificate for execution by the City Engineer.
(e) A certificate for execution by the City Planning
Commission.
(f) A certificate for execution by the City Clerk.
(g) A certificate for execution by the County Auditor.
Section 9731.10. Filing with County Clerks Prior to
the filing of the final map with the governing body, the
subdivider shall file with the Clerk of the Boars? of Super-
visors of the County in which any part of the subdivision is
located, a certificate from the official computing redemptions
in Orange County and the City of Huntington Beach, showing
that according to the records of his office there are no liens
against the subdivision or any part thereof for unpaid State,
County, Municipal, or local 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
Clerk of the Board of Supervisors mentioned 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.
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Section 9731.11. Subject to a lien for Taxes: Whenever
any part of the subdivision 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 wherein any part of the subdivision is located,
a good and sufficient bond to be approved by the Board, and
by its terms to inure to the benefit of the County and condi
tion 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 same amount , and of the kind approved for securing de-
posits of public money.
Section 9731 .12. Action on Final Map : Approval by City
Engineer. Upon receipt of the final map and other data submitt�i-
ed therewith to the Planning Commission, they shall refer said
map to the City Engineer. He shall examine such to determine
that the subdivision as shown is substantially the same as it
appeared on the tentative map , and any approved alterations
thereof; that all provisions of the law and of this Ordinance
applicable at the time of approval of the tentative map have
been complied with, and that he is satisfied that the map is
technically correct. If the City Engineer shall determine
that full conformity therewith has not been made , he shall
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Ord. No. 676
advise the subdivider of the changes or additions that
must be made for such purposes and ahall afford the' sub-
divider an opportunity to make such changes or additions.
If the City Engineer shall determine that full conformity
therewith has been made , he shall so certify on said map
and shall transmit said map to the Secretary of the
Planning Commission. In the event a subdivision is
partly in the City and partly outside the City, the
County Surveyor and the City Engineer shall enter into
an agreement by and with the consent of their respective
governing bodies, providing that the County Surveyor may
perform the duties prescribed for the City Engineer in
this paragraph or providing for an apportionment between
them of said duties. The County Surveyor, when by such
agreement all such duties devolve upon him, may, after
his performance thereof, make the aforesaid certification
upon said map, and when by such agreement said duties
are apportioned between the County Surveyor and City Engineer,
it shall be sufficient if each shall, after the performance'
thereof, make a certification on said map, touching the
duties performed by each, after which, the map shall be
transmitted to the Secretary of the Planning Commission.
Section 9731.13. Certification by Secretary of
Planning Commission: Upon submission of the final map by
the City Engineer or County Surveyor.;: the Secretary of the
Planning Commission shall examine the same to determine
whether said map conforms with the tentative map, and with
all changes permitted, and all requirements imposed as a
condition to its acceptance. If the Secretary of the
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Planning Commission shall determine that said map is
in conformity therewith,
he shall certify its approval thereon and shall - transmit,
said map to the City Clerk, together with any documents.
which may have been filed therewith, for presentation to
the City Council.
Section 92_�1 .14 .Approval by the City Council: .At its
. first regular meeting following the presentation of said
map to the City Clerk as aforesaid, said map shall be con-
sidered filed within the meaning of this Ordinance . The
City Council shall consider said map , the plan of subdivi-
sion and the offers of dedication and shall act thereon
within ten (10) days provided, however, that this time
limit may. be extended by mutual consent of the 'subdivider
and the governing body. The City Council may. reject any
or all offers of dedication. 2f the City Council shall de-
termine that said map is in conformity with the requirements
of' this Ordinance , it shall approve said map . i4hen the sub-
divider shall have filed with the City Clerk the agreement
and bond , or made the deposit described in Section 9731.15
• hereof, and when such agreement and bond shall have been ap-
proved by the City Attorney as to form and by the City
Engineer as to sufficiency, the City Clerk shall transmit
the map to the Clerk of the County Board of Supervisors.
When all bonds, money or negotiable bonds required under
the provision of this Ordinance to secure the payment of
taxes and assessments which are a lien on some part of the
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Ord. No. 676
subdivision, but which are not yet payable , have been deposit-
ed with and approved by the Board of Supervisors, the Clerk
of the Board shall transmit the final map to the County Re-
corder. If the City Council shall determine that said map
is not in conformity with the requirements of this Ordinance ,
it shall disapprove said map specifying its reason or reasons
therefor and the City Clerk shall , in writing , advise the
subdivider of such disapproval and of the reason or °reasons
for such disapproval. With thirty (30) days after the City
Council has disapproved any map , the subdivider may file
with the City Engineer a map altered to meet the approval of
the City Council. In such ease the subdivider shall conform
to all the requirements imposed upon him by this Ordinance
when filing the first final map with the City Engineer, and
the same proceedings shall be had thereon as are prescribed
by this Ordinance upon the filing of the first final map with
the City Engineer. No map shall have any force or effect
until the same has been approved by the City Council, and no
title to any property described in any offer of dedication
shall pass until the recordation of the final map.
Section 9731.15. Agreement and Bond for Improvements:
Upon the approval by the City Council of the final map , the
subdivider shall execute and file an agreement between him-
self and the City; specifying the period within which he or
his agent or contractor shall complete all improvement work
to the satisfaction of the City Engineer, and providing that
1 22.
Ord. Noe 676
6
if he shall fail to complete, such work within such period
the City may complete the same and recover the full cost and
' R
expense thereof from the subdivider. The agreement s44-11
alsoa provide for inspection of all improvements by the City
Engineer, and reimbursement 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 termination of the agreement upon the completion
of proceedings under an assessment district for the . construc-
tion of improvements deemed by the City Engineer to be at
least the equivalent of the improvements specified in said
agreement and required to be constructed by the subdivider,.
and (d) for progress payments to the subdivider, or his order,
from any deposit money which the subdivider may have made in
lieu of providing a surety bond, as provided by the next
succeeding section; provided, however, that no such progress
J
payment shall be made for more than ninety percent (900) of
the value of any installment of work and provided that each
such installment of work shall be completed to the satisfact-
ioh of the City Engineer.
Section 2731.16. Filing of Bond: 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 improvements, engineering , inspection and incidental
expenses, and ,to cover. repla.cement and repair of existing
Ord. No. 676
streets and other improvements damaged in the development
of the subdivision. Such bond shall be executed by a
surety company authorized to transact a surety business in
the State of California and must be satisfactory to and be
approved by the City Attorney as to form and by the City
Engineer as to sufficiency. In lieu of said bond (a) the
subdivider may deposit with the City Treasurer cash money
in an amount fixed as aforesaid by the City Engineer, or
(b) certification by a bank or other reputable lending in
stitution that money is being held to cover the cost of the
improvements, engineering and inspection, and it will be
released unl.y upon authorization of the City Engineer as
in the case of a cash deposit or, (c) bonds acceptable to
the City Council.
Section 9731 .17. Failure to Complete all Improvement
Work:, In the event the subdivider shall fail to complete
all improvement work in accordance with the provisions of
this Ordinance and the City shall have completed same , or
if the subdivider shall fail to reimburse the City for the
cost of inspection, engineering and incidental expenses, and
to cover cost of replacement and repair of existing streets
or other improvements damaged in the development of the
subdivision, the City shall call on the surety for reimburse-
ment , or shall appropriate from any cash deposits funds for
reimbursement. In any such case , if the amount of surety
Ord. No. 676
bond or cash deposit shall exceed all cost and expense in-
curred by the City, it shall release the remainder of such
bond or cash deposit , and if the amount of the surety bond,
cash deposit or certification shall be less than the cost
and expense incurred by the City, the subdivider shall be
liable to the City for such difference._
Section 9731.18. No extension of time progress pay-
ments for cash deposits , or releases of surety bond, cash
deposit or certification shall be made except upon certif
ication by the City Engineer and approval of the City
Council.
25.
Ord. No. 676
Section 6. That a new Article is hereby added to the
Huntington Beach Ordinance Code as part of Chapter 97, to-
wit: Article 974, entitled "General Regulations 'and Design" ,
said Article to consist of Sections 9741, 9741.11 9741.29
9741.31 9741.41 9741. 51 9741.67 9741.71 9741.81 9741.97 9741 .911
9741.10) 9741.11, 9741 .12, 9741 .13 and 9741.14, which sec-
tions shall read in words and figures as follows:
Section 9741. Streets and Highways: The Street and High-
way design shall conform both in width and alignment to any
Master Plan,of. Streets and Highways approved by the City
Council and right-of-way for any such street or highway in-
dicated on said Master Plan shall be dedicated.
Section 9741.1. Street and Highway Design: The Street
and Highway design shall conform to any proceedings affect-
ing the subdivision, which may have been initiated 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 determine the boundaries
of the right-of-way to be acquired, the subdivider shall
either dedicate or withhold from a subdivision all the
area included in said right-of-way.
Section 9741.2. General Design Conditions:
(a) All streets shall , as far as practicable, be in
alignment with existing adjacent streets by continuations
26.
Urd. No. 676
•
of the center lines thereof or by adjustments by curves
and shall be in general conformity with the plans of the
Planning Commission for the most advantageous 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 result-
ing dead-end streets may be approved without a turn-around,
provided that control of access across such dead-end street
shall be vested in the City. In all other cases a turn-
around having a minimum radius of fifty feet shall be re-
quired. The Planning Commission may require such dead-end
to be improved and dedicated to meet dead-end streets out-
side the subdivision where required for circulation.
(d) Intersection Corner Rounding. Whenever a major
street or State Highway intersects any other street or
highway, the property lines at each block corner shall be
rounded with a - curve having 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 radius may be required if recom-
Ord. No. 676
mended by the City Engineer.
(e) Curve Radius : The center line curve radius on
all ,streets and highways shall conform to accepted engineer-
ing standards of design and shall be subject to approval by
the City Engineer.
(f) Grades of Streets and Highways: No street or
highway shall have a grade of more than seven percent (7%)
unless because of topographical conditions , or other except-
ional 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 minimizing values for special improvement assess-
ments will not be approved unless such strips are necessary
for the protection of the public welfare or of substantial
property rights , or both, and in no case unless the control
and disposal of the land comprising such strips is placed
definitely within the jurisdiction of the City under con-
ditions approved by the Planning Commission.
Section 9741.3. Street and Highway Widths: Streets and
1 highways not shown on any Master Street and Highway Plan,
or not affected by proceedings initiated by the City _Counc-
il,' or approved by the City Council upon initiation by other
legally constituted 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
1
28.
Ord. No. 676
41.
of the Planning Commission that the topography- of the
small number of lots served and the probable future
traffic development are such as to unquestionably just-
ify a narrower width. Increased widths may be required
where streets are to serve commercial property, or
where probable traffic conditions warrant such. Approval
0 or determination of street or highway classificati6n
shall be made by the Planning Commission.
(a) Major Streets or Highways -(a)minimum right-of-
way: Eighty-six (86 ) feet in commercial areas and eighty
(80) feet in residential areas. Minimum pavement width
sixty-four (64) feet in residential areas and sixty-four
(64) feet in commercial areas.
(b) Secondary Streets or Highways - minimum right
of way: Sixty (60) feet. The Planning Commission may re-
quire up to eighty (80) feet where street may become a
major street at some future date. Minimum pavement
width forty (40) feet.
(c) Minor Streets - minimum-right-of-way: Fifty-
six (56) feet. Minimum pavement width thirty-six (364 feet.
(d) Two-level Streets - right-of-way width variable :
Minimum pavement width two 18 foot paved sections with
sufficient room for proper slope in between.
(e) One-Way Streets - minimum right-of-way: Thirty
(30) feet. Minimum pavement width twenty (20) feet.
(f) Cul-de-sac Streets - Loop Streets and Service
Roads, when not over three hundred and fifty (350) feet
in length - minimum right of way: Fifty (50) feet. Minimum
290
Ord. No. 676 '
pavement, width thirty-four (34) feet. Minimum radius of
cul-de-sac to be fifty (50) feet . Minimum radius at
curb forty (40) feet.
1
1
�0.
Section 9741.4. Lot Sizes by Type and Improvements Required:
LOTS TYPE I TYPE II TYPE III TYPE IV INDUSTRILAL
Area average min. 6,000 sq.ft.Min. 107000 sq. ft. 20,000 sq. ft. One Acre 10000 sq.ft.
601except 30' 801except 40' 100'except 50' 1001except 50' 801except 40'
Frontage , min.* . at end of cul- at end of cul at end of cul- at end of cul- at- end of cul-
de-sac de-sac de-sac de-sac de-sac
Width average min. 60 feet 80 feet 90 feet 100 feet 80 feet*
Front setback min. Varies
STREET DESIGN
R.O.W. Width 56 ft. min. - 50 ft. min. 50 ft. min. 50 ft. min. 60 ft. min.
Pavement width 36 ft. or two 36 ft. or two 36 ft. or two 24 ft. 40 ft. min.
20 ft. 18 ft. 18 ft.
CUL-DE-SAC OR
LOOP STREET -
R.O.W. Width 50 ft. 50 ft. 50 ft. 50 ft. 60 ft. min.
Pavement Width 34 ft. 30 ft. 26 f'.tr. 24 ft. 40 ft. min.
COINZ.CURB AND 6" vert.concrete 6" vert .concrete Concrete Concrete Concrete
GUTTER curb and concrete curb and concrete Gutter Gutter Gutter
gutter gutter
SID9^4ALKS 4 ft.both sides 3 ft. min. 3 ft. graded 3 ft. graded Various
on lots up to graded area area area See Standard
75 ft. wide lots 75 ft. to Specifications
100 ft. wide
LIGHTING Standard Standard Reduced At intersec- Standard
SLOPE-MAXIMUM U to 25% upon only
p Up t o 30°a Up t o 40� Up to 40 over Up to 3%o ove r
cross-slope on over on .approv- on approval on approval
` which this type al of P.C. of P.C. of P.C.
is permitted*,*
20% of the lots in any hillside subdivision(not including lots at end of cul-de-sac may have a_
reduced frontage provided that such reduction is not below the requirements of the neat
least restrictive type or classification of subdivision
Grading restrictions, not more than 10% of area of lot to be left in slope steeper than origi-
nal ground or steeper than 25% whichever is greater
31.
OF Ord. No. 676
Section 9741. 5. Service Roads and Off-Street Parkiny:
When any lots proposed for commercial usage front on any
major or secondary street or highway, the subdivider shall
be required to dedicate and improve a service road to pro-
vide ingress or egress to and from such lots or in lieu
thereof , if approved by the Planning Commission, the subdiv-
ider may dedicate use and improve an area approved by the
Planning Commission and adjacent to such lots for off-street
parking purposes. When the front of any lots proposed for
residential usage front on any freeway, state highway or
parki,ray, the subdivider shall dedicate and improve a ser-
vice road at the front of such lots, unless such is already
existent as a part of such freeway* or parkway. In addition
to any requirement for a service road, the Planning Commiss-
ion may require off-street parking areas for all lots pro-
posed for commercial.
Section 2741.6. 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 exe-
cute and deliver to the City an instrument , deemed suffic-
ient 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 freeway, state highway or parkway the subdivider
may be required to dedicate and improve a planting strip
adjacent to such parkway or freeway.
32.
Ord. No. 676
Section 9741.Z. Alleys: When any lots are proposed
for commercial or industrial usage , alleys at least thirty
(30) feet in width shall be required at the rear thereof
with adequate ingress or egress for truck traffic.
Section 2741..8. Street Names: All street names
shall be as approved by the Planning Commission .
Section 2741.9. Acre or Lame Lot Subdivisions:
Uhere a parcel is subdivided into 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 well permit a subsequent divis-
ion of any parcel into lots of normal size.
Section 9741.91. Easements: The subdivider shall grant
easements not less than five (5) feet in width for public
utility, sanitary sewer and drainage purposes on each side
of rear lot lines, along side lot lines, and in planting
strips wherever necessary, as determined by the City Engineer.
Easements for overhead wire lines shall be' provided at the
rear of all lots , except where alleys are available , and in
contiguous locations to permit of anchorage, line continuity,
ingress and egress. Dedication 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.
1
33•
Ord. , No. 676
Section 9741.10. Lots: The size and shape of lots
shall be in conformance to any zoning regulations effective
in the area of the proposed subdivision and the provisions
of Section 9741.4 of this ordinance , and shall not be less
than the regulations specified therein. The Planning Com-
mission may recommend the granting of exception to this
provision where there usual topographic conditions,
curved or culs-de-sac streets or other special conditions.
In unclassified districts, the Planning Commission shall
specify the size and shape of all lots in conformance with
:by
the use proposed and approved /said Planning Commission.
(a) 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.
(b) Divided Lots. No lot shall be divided by a city
boundary line.
(c) Lots without frontage on a street will not be per-
mitted.
�i
(d) Lots , other than corner lots , may front on more
r
than one street where necessitated by topographic or other
unusual conditions.
(e) Walkways
(f) The subdivider may be required to dedicate and im-
prove walkways across long blocks or to provide access to
school, park, or other public areas.
1
Ord. No. 676
Section 971+1.11, Water Courses: The subdivider shall ,
subject to riparian rights, dedicate a right-of-way for
storm drainage purposes conforming substantially 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 sur-
face and storm waters. The subdivider may be required U
g to cover or otherwise improve such drainage channel
through rights-of-way.
Section 97L-1.12 Master Plan: In all respects,' the
subdivision will be considered in relation to the Master `
Plan of the City, or any part thereof, or preliminary plans
made in anticipation thereof.
Section 2741. Deed Restrictions: 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 9741.14. Land Subject to Inundation: If any
portion of any land, within the boundaries shown on any
such Final Map , is subject Rio overflow, inundation or flood
hazard by storm waters, such fact and said portion shall be
clearly shown on such Final Map . And further, an adequate
storm drain system shall be provided and if fill is used in
tideland areas it shall be a minimum of two (2) feet above
high-high tide.
1
Ord. No. 676
Section 7. That a new Article is hereby added to they
Huntington Beach Ordinance Code as part of Chapter 97, to-
wit: Article 975 entitled "Improvements" , said _Article to '
consist of Sections 9751, 9751.1, 9751.27 9751.31 9751.1+ and
9751.5, which new sections shall read in words and figures
as follows :
Section 2751. Standards and Approval : All improvements
hereinafter mentioned shall conform to those required in
the "Standard Subdivision improvement Specifications" pre-
pared by the City Engineer , recommended by the Planning
Commission, and adopted by the City Council, copies of which
will be on file in the office of the Planning Commission and
the City Engineer.
i
Section 2751.1. Approval of Plans:(a)Imp rovement work
shall not be commenced until plans and profiles for such work
have been submitted to and approved by the City Engineer.
Such plans may be required before approval of the final map.
All such plans and profiles shall be prepared in accordance
with requirements of the City Engineer. Final tracings
on cloth shall be filed with the City Engineer,
(b) Improvement work shall not be commenced until the
City Engineer has been notified in advance and if the work
has been discontinued for any reason, it shall not be recon-
tinued until the City Engineer has been notified.
(c) All required improvements shall be constructed under
1
�h_
Ord. No. 676
the inspection of and to approval of the City Engineer.
Cost of inspection shall be paid by the subdivider.
(d) All underground utilities, sanitary sewers and
storm drains installed in streets, service roads, alleys
or highways shall be constructed prior to the, surfacing
40 of such street, service roads, alleys or highways. Service
connections for all underground utilities and sanitary
sewers shall be placed to such length as will. obviate the
necessity for disturbing the street or alley improvements
when service connections thereto are made.
(e) The subdivider, his engineer and his contractor
shall develop plans and complete all improvementwork in
accordance with the provisions of this Ordinance and to the
approval of the City Engineer.
Section 2751 .2 General Requirements: (a) The subdiv-
ider shall install improvements in accordance with the
general requirements set forth in this section, provided
that the City Engineer may require changes in typical sec-
tion and details if unusual conditions arise during con-
struction to Vaarrant such change in the interests of the
City, such changes to be at the expense of the subdivider.
(b) Streets and Highways ; All streets and highways
shall be graded and paved to cross sections and grades
approved by the City Engineer. The subdivider shall improve
the extension of all subdivision streets, highways, or
public ways to the intercepting paving line of any county
•
37�;.
Ord. No. 676
road, city street or state highway.
(c) Structures: Structures shall be installed as
deemed necessary by the City Engineer for drainage , access
and/or public safety. Such structures to be placed to
grades and to be of a design approved by the City Engineer.
(d) Sidewalks,, Curbs and Gutters: Standard curbs,
gutters and sidewalks of not less than four (4) feet , ex-
cept as::.btherwise specified in this Ordinance , shall be in-
stalled to grades, cross section, layout and location ap-
proved by the City Engineer.
(e) Sewers; Sanitary sewer facilities connecting with
the existing city sewer system shall be installed to serve
each lot, and to grades and sizes approved by the City En-
gineer. Storm, wa.ter sewers shall be installed to provide
drainage facilities for all water falling upon or entering
said subdivision, as required by the City Engineer. Where
existing sewers are not adequate to serve new subdivisions
the subdivider may be required to connect with sewers that
can adequately handle the additional load. Where further
development appears probable , beyond the proposed subdiv-
ision, the subdivider may be required to install larger
sewers to handle such additional development .
(f) Water: Adequate water supply and distribution.
system, water mains and fire hydrants connecting to the
water system serving the City of Huntington Beach shall be
1
�8.
Ord. No. 676
installed by the subdivider, subject to approval of the
Water Superintendent. Where further development appears
probable beyond the proposed subdivision the subdivider
may be required to install larger water main to handle
such additional development.
(g) Street Lighting: Street lighting shall be fur-
nished as required by City standards with the approval of
the City Engineer.
(h) Street Trees: Street trees may be required by
the Planning Commission and shall be of a type approved
by the City Engineer and planted in locations approved
by said City Engineer.
(i) Street Signs: Street signs shall be required
by the Planning Commission and shall be of a type approv-
ed by the City Engineer and installed in locations ap-
proved by him.
(j) Railroad Crossings: Provision shall be made for
any and all railroad crossings necessary to provide
access to or circulation within the proposed subdivision,
including the preparation of all documents necessary for
application to the California State Public Utilities Com-
mission for the establishment and improvement of such
crossing. No cost of such railroad crossing improvement
shall be borne by the City.
(k) A reproducible tracing showing all subdivision
improvements as built shall be filed with the City Engi-
neer upon completion of said improvements, together with
Ord. No. 676
a final written report on all said improvements.
Section 9751.3. Monuments: :Before the transmiss-
ion of any Final Map to the City Council for approval ,
or' he set
approved permanent pipe monuments shall be set;/ at a
date agreeable to the City Engineer, at each boundary
corner of the subdivision and along the exterior bound-
ary lines at intervals of approximately five hundred
( 500) feet; approved pipe monuments shall be set at the
beginning and end of all property line ccury p approved
concrete monuments not less than four (4) inches in
diameter shall be set at intersections of all street
centerline tangents with approved cast iron rings and
covers; where centerline tangents intersect on private
property, concrete monuments shall be set at both the
beginning and end of all centerline curves. Approved
and complete field notes showing permanent referencesi or
ties shall be furnished to the City Engineer. All mon-
uments that are required to.,be set shall be marked to
conform to the provisions of Chapter 775 of the Statutes
0 of 1935 and subsequent amendments, and the provisions
of this Ordinance . All monuments and bench marks as
required above that are disturbed or destroyed shall be
replaced by the subdivider before acceptance of improve-
ments.
Section 9751.4. Bench Marks: Permanent and accurate
bench marks shall be set in curb returns or other approv-
40.
Ord. No. 676
ed locations at each street intersection, and complete
field notes showing locations and elevations shall be
filed with the City Engineer
Section 9751. 5 Field Notes: Complete field notes'
in a form satisfactory to the City Engineer, showing
references, ties, locations, elevations and other necess-
ary data relating to monuments and bench marks set in
accordance with the requirements of this Ordinance , shall
be submitted to the City Engineer to be retained by the
City as a permanent record.
1
Ord-. No, 676
Section 8. That a new Article is hereby added to
the Huntington Beach Ordinance Code , as part of Chapter
97, to-wit: Article 976 entitled "Exceptions", said Ar-
tiele to consist of Sections 9761 , 9761.1 and 9761.2,
which new sections shall read in words and figures as
follows:
Section 9761. Application: The Planning Commission
may recommend that the City Council authorize conditional
exceptions to any of the requirements and regulations
set forth in this; Ordinance. Application for any such
exception shall be made by a certified petition of the
subdivider, stating fully the grounds of the application
and the facts relied upon by the petitioner. Such petit-
ion shall be filed with the tentative map of the subdiv-
ision. In order for the property referred to in the pe-
tition to come within the provisions of this section, it
shall be necessary that the Planning Commission shall find
the following facts with respect thereto:
(a) That there are special circumstances or con-
ditions affecting said property.
(b) That the exception is necessary for the pres-
ervation and enjoyment of a substantial prop-
erty right of the petitioner.
(c) That the granting of the exception will not
be detrimental to the public welfare or in-
jurious to other property in the vicinity in
which said property is situated.
r
Ord. No. 676 .
Section 9761.1. Planning Commission Action:
(a) In recommending such exceptions, the Planning
Commission shall secure substantially the objectives of
the regulations to which the exceptions are granted, as;
to light, air, and the public health, safety, convenience ,
and general welfare .
(b) In recommending the authorization of any except-
ion under the provisions of this section, the Planning
Commission shall report to the City Council its findings
with respect thereto and all facts in connection there-
with, justifying such exceptions , and shall. specifically
and fully set forth the exception recommended and the
conditions designated.
Section 9261.2. City Council Action: Upon receipt
of such report the City Council may,by resolution, author-
ize the Planning Commission to approve the tentative map
with the exceptions and conditions the City Council deems
necessary to substantially secure the objectives of this
Ordinance.
1
43.
Ord. No. 676
•
Section 9. That a new Article is hereby added to
the Huntington Beach Ordinance Code as part of Chapter 97,
to-wit: Article 977, entitled "Appeals" , said Article to
consist of Sections 9771, 9771.1 and 9771.2, which new sec-
tions shall read in words and figures as follows :
Section 9771. Notice: Appeal may be made to the
City Council from any decision, determination or require-
ments 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 upy.n which the subdivider deems him-
self aggrieved.
Section 9771.1. Report: The City Clerk shall report
the filing of such notice to the Planning Commission and
City Engineer. A written report shall be submitted to the
City Council by the party whose decision, determination or
requirement is upon appeal.
Section 9771.2. Actioh on Appeal: The City Council
at its next regular meeting following the filing of said
appeal, or within ten (10) days following the filing thereof ,
shall set said appeal for hearing to be held within ten (10)
days thereafter, and such hearing may for good cause be
continued by order of the City Councilq Upon the hearing of
said appeal, the City Council may overrule or modify the
1
Ord. No. 676
decision, determination or requirement appealed from and
enter any such order or orders as are in harmony with the'
spirit and purpose of this Ordinance , and such disposition
of the appeal shall be final.
I
1
45.
Ord. No. 676
f
Section 10. VALIDITY: If any section, sub-section,
sentence , clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by the decis-
ion of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of
the Ordinance. The City Council of the City of Huntington
Beach, State of California , declares that it would have
passed this Ordinance 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 unconstitutional.
Section 11. ENFORCEMENT: All departments, offic-
ial and public employees of the City of Huntington Beach,
vested with the duty or authority to issue permits or li-
censes, shall conform to the provisions of this Ordinance
and shall issue no permit or license for uses, buildings,
or purposes in conflict with the provisions of this Ordi-
nance ; and any such permit or license issued in conflict
with the provisions of this Ordinance shall be null and
1•
void. , It shall be the duty of the City Engineer of the
City to enforce the provisions of this Ordinance pertaining
to the subdivision of land or any part thereof in the City
of Huntington Beach, unless and until all of the require-
ments hereinafter provided have been complied with.
1
Ord. No. 676
I
Section 12. PENALTIES: Any person, firm, corpora-
a-rltnersh :p
tion,/,or co-partnership who willfully violates any of the
provisions or fails to comply with any of the mandatory re-
quirements of this Ordinance is guilty of a misdemeanor,
and upon conviction thereof shall be punishable by a fine
of not to exceed five hundred dollars ($500.00) or by im-
prisonment in the' county jail, not to exceed six (6) months,
or by both fine and imprisonment, except that nothing herein
contained shall be deemed to bar any legal, equitable , or
summary remedy to which the City of Huntington Beach or other
political subdivision, or any person, firm, corporation,
partnership, or co-partnership may otherwise be entitled
and the City of Huntington Beach, or any other political
1
subdivision or person, firm, corporation, partnership , or
co-partnership may file a suit in the Superior Court of the
State of California in and for the County of Orange to re-
strain or enjoin any attempted or proposed subdivision.
or sale in violation of this Ordinance .
Section 13. That the City Clerk shall certify
1
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 published, print-
ed and circulated in the City of Huntington Beach, Orange
County, California, and thirty (30) days after the adopt-
ion thereof the same shall take effect and be in force.
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47.
Ord.No. 676
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PASSED AND ADOPTED by the City Council of the
City of Huntington Beach, California, the 16th day of
December , 1957 •
VICTOR TERT-�Y
Mayor
ATTEST:
�JiOHN Z. HE\?: ICKS"2,
v
City Clerk
f
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Ord. No. 676
STATE OF CALIFORNIA
County of Orange ss
City of Huntington Beach
I, JOHN L. HENRICKSEN, 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- 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 December , 1957; and was again read to said
City Council at a regular meeting thereof held on the
16th day of December , 1957, 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:
Bryant, Irby, Lockett, Bartlett, Terry.
NOES: Councilmen:
None.
ABSENT: Councilmen:
None.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California