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HomeMy WebLinkAboutOrdinance #1973 ORDINANCE NO. 1973 AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLES 990 THROUGH 997 THEREOF, RENUMBERING ARTICLE 998, AND ADDING NEW SECTIONS PERTAINING TO THE CITY OF HUNTINGTON BEACH SUB- DIVISION REGULATIONS The immediate preservation of the public safety, health, and welfare requires the adoption of this ordinance as an urgency measure. The fact constituting the need for such action is that Chapter 1536 becomes operative on March 1, 1975. This statute is a comprehensive revision of the Subdivision Map Act and contains numerous procedural changes along with some substantive changes. The state act is necessary to regulate and control the design and improvement of subdivisions throughout the State of California. Development in California is an ever continuing process and it is necessary for the cities to keep current and implement necessary provisions of the state law. In order that the city' s ordinance implementing the state law can take effect and become operative approximately at the same time as the state law, this ordinance is declared to be an ordinance adopted as an urgency measure and is to be effective March 17, 1975. The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by repealing existing Articles 990 through 997 thereof. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by renumbering Article 998. The provisions of the existing Article 998 shall remain in full force and effect, except that the existing provisions are hereby renumbered under Article 996 as follows : S. 9980 to S. 9961. 1 S. 9981. 5 to . S. 9961. 9 s. 9980. 1 to S. 9961. 2 S. 9981. 6 to S. 9961. 10 S. 9980. 2 to S. 9961. 3 S. 9981. 7 to S. 9961. 11 S. 9981 to S. 9961. 4 S. 9981. 8 to S. 9961. 12 JJO'C : cs 1. S. 9981. 1 to s. 9961. 5 S. 9981. 9 to S. 9961. 13 S. 9981. 2 to S. 9961. 6 S. 9981. 10 to S. 9961. 14 S. 9981. 3 to S. 9961. 7 S. 9981.11 to S. 9961.15 s. 9981. 4 to S. 9961. 8 S. 9981. 12 to S. 9961. 16 SECTION 3. The Huntington Beach Ordinance Code is hereby amended by adding new Articles 990 through 995 and Article 997• A new Article 996 is also added, a portion of which is former Article 998 hereby renumbered and included as a portion of Article 996. ARTICLE 990 GENERAL PROVISIONS 9900 . CITATION AND AUTHORITY. This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Regulations of the City of Huntington Beach, California. " 9901. CONFORMITY TO GENERAL PLAN AND WAIVER. (a) A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of, and at the same time as, the action taken by the advisory agency on such division of land. (b ) Such report is not required for a proposed subdivision which involves: (1) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2 ) Acquisitions, dispositions, or abandonments for street widening; or (3) Alignment projects, provided that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions , or abandonments for street widening, or alignment projects is of a minor nature. 9902 . DEFINITIONS. Whenever any words or phrases as used in this chapter are not defined herein but are defined in the Subdivision Map Act as last amended, such definitions are incorpo- rated herein and shall be deemed to apply as though set forth in this chapter. (1) ACCESS RIGHTS shall mean the right of abutting landowners or occupants to obtain access to an abutting public way. 2. (2) ALLEY shall mean a right-of-way providing vehicular or pedestrian access to or from the rear of abutting properties . (3) ARTERIAL HIGHWAY shall mean a street depicted on the Circulation Element of the General Plan as it now exists or here- after may be amended carrying intercity or intrrcity traffic. (4) BOARD OF ZONING ADJUSTMENTS shall mean the Board of Zoning Adjustments for the City of Huntington Beach. (5) CITY shall mean the City of Huntington Beach, California. (6 ) CITY COUNCIL shall mean the City Council of the City of Huntington Beach, California. (7) COLLECTOR STREET shall mean a local street which serves traffic from interior streets as well as from properties abutting such local street . (8 ) CROSS SLOPE shall mean the measurement from one point to another point with a different elevation where the difference of elevation of the two points is divided by the horizontal difference between the said points and expressed as a percentage. (9 ) CUL-DE-SAC shall mean a local street ending in a turn- around. (10) FINAL MAP shall mean a map prepared in accordance with the provisions of the Map Act and this chapter, which map is designed to be placed on record in the office of the County Recorder of the county in which any part of the subdivision is located. (11) INTERIOR STREET shall mean a local street which is intended to serve traffic originating from or terminating at property abutting such street . (12) LOCAL STREET shall mean any street other than an arterial highway. (13 ) LOOP STREET shall mean a local street which forms a loop and returns to the same street from which it originated. (14) MAP ACT shall mean the Subdivision Map Act of the State of California as it now exists or hereafter may be amended. (15) PARCEL shall mean a separate unit of any real property, improved or unimproved, or portion thereof, shown on the latest adopted county tax roll which is divided for the purpose of sale, lease, or financing, whether immediate or future. For the purpose 3. of this chapter, the term "lot" shall be interchangeable with the term "parcel. " (16) PARCEL MAP shall mean a map showing the division of real property of four or less parcels-prepared in accordance with the provisions of the Map Act and this chapter, which map is designed to be placed on record in the office of the County Recorder of the county in which any part of the subdivision is located. (17) PARKWAY shall mean that area between the curb face and abutting property line . (18) PERSON shall mean and include any individual, firm, copartnership , joint venture, association, organization, corpora- tion, estate, trust, receiver, syndicate, this City, and any other public agency or any other group or combination acting as a unit . (19 ) PLANNING COMMISSION shall mean the Planning Commission of the City of Huntington Beach, California. (20) PUBLIC WAY shall mean any street , highway, avenue, boulevard, frontage road, service, recreation trail, lane, walk, alley, channel, viaduct , subway, tunnel, bridge, public easement, drive, parkway, road, _public right-of-way, and other ways in which a public agency has a proprietary right or easement . (21) RIGHT-OF-WAY shall mean a public way for vehicular or pedestrian use. (22) SERVICE ROAD shall mean a street adjacent to and providing access to an arterial highway. (23 ) STANDARD PLANS shall mean the standard plans of the City of Huntington Beach, California, as they now exist or may here- after be amended. (24 ) STANDARD SPECIFICATIONS shall mean the standard specifi- cations of the City of Huntington Beach as they now exist or may hereafter be amended. (25) SUBDIVISION COMMITTEE shall mean the Subdivision Committee of the City of Huntington Beach. (26 ) TENTATIVE MAP shall mean a map made for the purpose of showing the design of a proposed subdivision of real property and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. (27) TENTATIVE PARCEL MAP shall mean a map made for the purpose 4. of showing the separation of a parcel or parcels of real property into four (4) or less parcels. (28) USABLE LOT AREA shall mean that portion of a lot which does not exceed a slope of ten (10) percent . Any portion of the lot exceeding ten (10) percent shall, for the purpose of this chapter, be considered slope and not usable lot area. 9903. ADVISORY AGENCIES-. All advisory agencies designated herein are charged with the duty of making investigations and reports on design and improvement of proposed divisions of real property and are hereby authorized to approve, conditionally approve or disapprove maps required to be prepared and filed by this chapter and the Map Act , to prescribe the kinds, nature, and extent of improvements required to be installed, and report directly to the subdivider the action taken on such map. The Subdivision Committee shall advise and assist in making investigations and reports on tentative maps . (a) Tentative Maps . The Planning Commission shall constitute the advisory agency for tentative maps. (b) Tentative Parcel Maps . The Board of Zoning Adjustments shall constitute the advisory agency for tentative parcel maps . 9904. PROHIBITION. It shall be unlawful for any person, as principal or agent, to divide for the purpose of sale, lease, or finance, either immediate or future, or to offer for sale, lease, or finance, to contract for sale, lease, or finance, or to sell, lease or finance, or maintain any real property which has been divided, or any part thereof, in the City of Huntington Beach, unless and until there is compliance with all the requirements of this chapter, the Map Act, and the Real Estate Act . 9905. FILING FEES. Every person submitting a tentative, tentative parcel, final, or parcel map shall pay a processing fee in an amount prescribed by resolution of the City Council. ARTICLE 991 SUBDIVISION COMMITTEE 9910. SUBDIVISION COMMITTEE. ESTABLISHMENT OF. There is hereby established a Subdivision Committee which shall consist of the following members or their duly authorized representatives : (a) The Planning Director, who shall be the chairman and secretary. (b ) The City Engineer. 5. (c ) The Fire Chief. (d) The Director of Building and Community Development . (e) Three (3) members of the Planning Commission. Representatives from other departments shall attend the meetings when requested to do so by the Subdivision Committee. 9911. DUTIES OF COMMITTEE. It shall be the duty of the Subdivision Committee to examine each tentative map for subdivisions as defined in this chapter to determine whether said map complies with the Subdivision Map Act , this chapter, and the general plan for development of the City, and to recommend approval, disapproval, or conditional approval of said map to the Planning Commission. 9912. MEETINGS OF COMMITTEE. Meetings of the Subdivision Committee shall be open to the public . An applicant shall be notified in writing not less than five (5 ) days before his map is reviewed by the Committee of the time and place his map will be reviewed. Such applicant or his agent may appear at the meeting and discuss his map with the Committee. 9913 . PROCEDURES. The Subdivision Committee shall establish procedures as it deems necessary for the administration of its duties outlined by this chapter. Such procedures shall also assure that accurate and permanent records are kept of all meetings. ARTICLE 992 PARCEL MAP PROCEDURES 9920. PARCEL MAP REQUIREMENT. A parcel map shall be filed and recorded for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except for subdivisions created by short term leases (terminable by either party on not more than thirty (30) days notice in writing) of a portion of an operating right-of-way 6f a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the Board of Zoning Adjustments based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply. Unless otherwise expressly provided herein, parcel maps shall meet all the requirements of the Subdivision Map Act and of this chapter, and shall show all dedications or offers of dedication thereof. The Board of Zoning Adjustments may require park site dedications or offers of dedication to be made by deed in lieu of or in addition to appearing on the tentative parcel map. 6 9921. TENTATIVE PARCEL MAP REQUIREMENT. When a parcel map is required by this chapter, a tentative parcel map shall first be filed with the Board of Zoning Adjustments . This tentative parcel map shall meet all the requirements for tentative maps as set forth by the Subdivision Map Act and this chapter. ARTICLE 993 TENTATIVE MAPS 9930. FILING OF. Tentative maps shall be filed with the Planning Department and shall be processed in accordance with the Subdivision Map Act and the provisions of this chapter. 9930. 1. TENTATIVE PARCEL MAP. Subdivision of four (4) or less parcels. (a) Number of Copies . Five (5) copies of the tentative parcel map of proposed division of any real property shall be submitted to the Planning Department . (b ) Information on Map. The tentative parcel map shall contain all the information required by Section 9931. 2 (c ) for tentative maps of five (5) or more lots except that such require- ments may be waived whenever the Board of Zoning Adjustments finds that the type of subdivision is such that compliance is unnecessary or that other circumstances justify the waiver. 9930. 2 . TENTATIVE MAP. Subdivision of five (5) or more parcels . (a) Number of Copies . Twenty-five (25) copies of a tentative map and a statement of the proposed subdivision of any real property shall be submitted to the Planning Department. (b ) Department Review. The Planning Department 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. (c ) Information on Map. Each tentative map shall contain the following information: (=1) Tract number, if a subdivision as defined in the Subdivision Map Act . (2 ) Date, north arrow, and scale. (3 ) Sufficient legal description of land to define boundaries of proposed division of real property. 7 . (4) A key map (drawn at 200 scale) indicating the location of the proposed division of real property in relation to the surrounding area. (5) The name and address of the record owner, the subdivider, and the civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor. (6) The existing topography of the land proposed to be divided, using contour intervals of not more than five (5) feet , and of not more than two (2) feet where the grade of the land is less than five (5) percent. Contours of adjacent land shall also be shown whenever the surface features of such land affect the design and/or improvement of the proposed division. The tentative map shall contain a statement by the person preparing the map stating the source of contours shown on the map. (7) The approximate location and outline to scale of each building or structure on the property proposed for division. Buildings or structures on adjacent property shall also be shown if such buildings or structures affect the design of the proposed subdivision.. Each building shown shall be identified by house number or other identifying feature, including a notation on each building or structure to be retained. (8) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each water course. (9 ) The approximate location of each area covered by trees, with a statement of the nature, size, and kinds of trees , both on-site and within the boundaries of proposed public rights- of-way. (10) The location, width, approximate grade and curb radii of all existing and proposed streets and highways within and adjacent to the proposed subdivision. (11) The width, purpose, and approximate location of all existing and proposed easements or rights-of-way, whether public or private, within and adjacent to the proposed subdivision. (12) The approximate radius and arc length of each centerline curve. (13) The approximate lot layout and the approximate dimensions of each lot and of each building site . Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed 8. building pads, the top and toe of cut and fill slopes to scale, and the number of each lot; the proposed areas for public use; and the angle of intersecting streets or highways if such angle deviates from a right angle by more than four (4 ) degrees . (14 ) The location of all cut and fill slopes . (15 ) Each street shown by its actual street name or by a temporary name or letter for purpose of identification until the proper name of such street is determined. (16 ) If the subdivision is within a known oil field, the map shall include the location of all existing oil wells and appurtenances and a plan of their disposition or treatment , including abandonment , underground placement , screening, fencing, landscaping, and conversion of pumping units. Such plan shall include disposition or treatment of all future wells , drill sites, and operations. Such plan shall also include the written con- currence of the oil lessee or operator concerned. (17) The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map. (18) A physical and chemical analysis and soils report prepared by a qualified soils engineer registered by the state, based upon adequate field investigation, unless the Director of Building and Community Development shall determine that, due to knowledge as to the qualities of the soil of such subdivision or lot, no preliminary analysis is necessary. If the preliminary soils and chemical analysis report indicates the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects or significant damage to improvements, the person filing the tentative map may be required to submit an analysis of each lot in the sub- division. Whenever any such analysis indicates such problems, the Department of Building and Community Development shall recommend corrective action which is likely to prevent structural damage to each structure proposed to be constructed. The Director of Building and Community Development shall approve the soils investigation if he determines that the recommended action is likely to prevent damage to each structure to be con- structed, and shall require that the approved recommended action be incorporated in the construction of each structure. If the Director of Building and Community Development finds that a written geological report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard, the person filing the tentative map shall submit such report to said Director. The report shall be prepared 9. by a registered engineering geologist, shall contain adequate information and analysis to substantiate its conclusions, and shall make specific recommendations as to the appropriate design criteria for any proposed structure . (d) Information on Statement . The statement to accompany the map shall contain the following information: (1) Existing use or uses of the property and present zoning. (2 ) Proposed use of property. If property is proposed 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. (3) 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 are proposed to be completed. (4) Public areas proposed. (5) Restrictive covenants proposed. ARTICLE 994 EXPIRATION, EXTENSIONS, AND RECORDATION OF MAPS. 9940. . EXPIRATION OF TENTATIVE AND TENTATIVE PARCEL MAPS. The approval or conditional approval of a tentative or tentative parcel map shall expire eighteen (18) months from the date the map was approved or conditionally approved. 9941. EXTENSION ON TENTATIVE AND TENTATIVE PARCEL MAPS. (a) Extension. The person filing a tentative or tentative parcel map may request an extension of the tentative or tentative parcel map approval by written application to the Planning Department , such application to be filed at least thirty (30 ) days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised. (b ) Time Limit on Extensions . An extension or extensions of tentative or tentative parcel maps approval or conditional approval shall not exceed an aggregate of two (2 ) years. (c) Effect of Map Modification on Extension. Modification of a tentative or tentative parcel map after approval or conditional approval shall not extend the time limits imposed by this section. 10. 9942 . CITY COUNCIL APPROVAL AND RECORDATION OF FINAL AND PARCEL MAPS. Failure on the part of the subdivider to submit a final map or parcel map to the City for approval by the City Council, and to have such map recorded with the County Recorder, prior to the expiration of the tentative or tentative parcel map shall terminate all proceedings. Any subsequent subdivision of the same real property shall require the filing of a new tentative or tentative parcel map. ARTICLE 995 APPEALS 9950. APPEALS. ADVISORY AGENCY. The subdivider may appeal from any action of an advisory agency with respect to a tentative or tentative parcel map to the City Council as provided by Government Code Section 66452 . 5. Such appeal shall set forth in detail the action and grounds by and upon which the subdivider deems himself aggrieved. The hearing on such appeal shall be conducted in the same manner provided by Government Code Section 66452 . 5(a) notwithstanding the appeal procedures as set forth by Articles 981 and 988 of the Huntington Beach Ordinance Code. 9951. APPEAL FEE. At the time any appeal is filed pursuant to this chapter, a fee of Seventy-five dollars ($75) shall be paid by the appellant to the City to cover all costs . 9952. NOTICE. The City Clerk' s Office shall give notice of the hearing to be held by the City Council on an appeal pursuant to this article . Such notice shall be given one publica- tion in a newspaper of general circulation published in the City of Huntington Beach. ARTICLE 996 DEDICATION 9960 . DEDICATION REGULATIONS FOR STREETS, ALLEYS, DRAINAGE, PUBLIC UTILITY EASEMENTS AND OTHER PUBLIC EASEMENTS. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys , in- cluding access rights and abutters ' rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters ' rights, drainage, public utility easements, and other public easements. 9960.1. WAIVER OF DIRECT ACCESS TO STREETS. Whenever the advisory agency finds a safety hazard would be created as the 11. result of direct vehicular and/or pedestrian access, the agency may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access to such street from any property shown on a final or parcel map as abutting thereon, and that if the dedication is accepted such waiver shall become effective in accordance with the provisions of the waiver of direct access . 9960. 2 . GENERAL DESIGN. STREETS. (a) Streets to Conform to City-Approved Plans . All plans for any division of real property and all streets in such plans shall conform to the Circulation Element of the General Plan, and any precise plan of street or alley alignment in effect at the time the tentative or tentative parcel map is filed. All streets, including private streets and appurtenances, and all other public improvements shall be constructed in compliance with the street regulations and standards, grades and specifica- tions on file in the Department of Public Works, and in compliance with this chapter. Such improvements shall be constructed and installed prior to the surfacing of the street and at the expense of the developer. (b ) As-Built Plans Filed with the Department of Public Works . Improvement plans prepared by the developer' s engineer on reproducible linens to Public Works specification showing all subdivision improvements as built or existing shall be filed with the Department of Public Works upon completion of said improvements . This section shall apply to on-site and off-site improvements. (c ) Dedication of Easements. The developer shall grant easements to the City for public utility, sanitary sewer and drainage purposes on any lot and in planting strips when deter- mined necessary by the Director of Public Works . Such easements shall not be less than ten (10) feet in width and shall be located on one lot . All buildings shall be set back not less than five (5) feet from such easement . (d) Extension of Street Required. Where the future develop- ment of properties abutting the land proposed to be divided would require the extension of a street from the land proposed to be divided to or through said abutting properties , the advisory agency may require a dead-end street with or without a turn- around, to be constructed to the boundary line of the land proposed to be divided and the abutting properties . (e) Street Improved to Centerline . The developer shall improve streets around the land proposed to be divided to the centerline, provided when there are no immediate plans for the 12. development of properties abutting the land to be divided, the developer shall improve the entire width of the street and such other area as deemed necessary by the Department of Public Works for proper and safe traffic circulation. (f) Street , Highway, and Alley Widths and Lengths . Streets and highways that are not shown on the General Plan of Arterial Streets and Highways, not shown on any precise plan or street or alley alignment, or will be affected by proceedings initiated by the City Council, or approved by the City Council upon initiation by other legally constituted governmental bodies , shall not be less in width than those set forth hereunder: TYPE WIDTH Collector Street 60 feet Interior Street 60 feet Service Road 42 feet Cul-de-sac (shall not exceed 550 feet in length) 60 feet Cul-de-sac (shall not exceed 14 Rl lots in length) 56 feet (1) Exceptions . Where parkways as indicated below are provided, then the right-of-way width may be reduced subject to the following standards and conditions: STANDARDS TYPE RIGHT-OF-WAY PARKWAY MAXIMUM LENGTH Collector Street 54 feet 71 and 7' - - - - - - Interior Street 52 feet 61 and 61 1000 feet Service Road 40 feet 81 and 2 ' - - - - - - Service Road 39 feet 71 and 21 1000 feet Service Road 38 feet 61 and 21 550 feet Cul-de-sac 50 feet 61 and 61 550 feet Cul-de-sac 48 feet 6 ' and 6' 14 Rl lots (2) The City Engineer may require an increased curb height and an increased parkway width to provide adequate drainage for the property. (3) The City Engineer may require increased right-of-way widths to provide for projected probable traffic flow. (4 ) All collector streets shall be sixty (60) feet wide at their intersection with arterial highways . (5 ) Maximum street lengths shall be governed by accepted subdivision design practices . 13. (6) A thirty (30) inch box tree shall be planted in the front yard of each lot and in the exterior side yard of each corner lot as provided in the street tree standards adopted by the City. (7) When a street has a parkway less than eight (8) feet in width, then a twenty-four (24 ) inch easement in back of the sidewalk on the lot adjacent to the front property line shall be dedicated to the City for public utility purposes . (g) Centerline Measurement . Measurement of all streets shall be made between the centerline of intersecting streets . Cul-de-sacs shall be measured between the centerline of the intersecting street and the cul-de-sac radius point . (h) Intersection Corner Rounding. Whenever a major street or state highway intersects any other street or highway, the property lines at each block 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 recommended by the City Engineer. 9962. SCHOOL SITE DEDICATION REQUIREMENTS. As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the city elementary school district shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service. 9962. 1. PROCEDURE. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the City, any elementary school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60 ) days after the filing of the final map on any portion of the subdivision. 9962. 2. PAYMENTS TO SUBDIVIDER FOR SCHOOL SITE DEDICATION. All elementary school districts shall, if they accept the dedica- tion, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts: (a) The cost of any improvements to the dedicated land since acquisition by the subdivider. 14. (b ) The taxes assessed against the dedicated land from the date of the school district ' s offer to enter into the binding commitment to accept the dedication. (c ) Any other costs incurred by the subdivider in main- tenance of such dedicated land, including interest costs incurred on any loan covering such land. • 9962. 3. EXEMPTIONS. The provisions of this article shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10 ) years prior to the filing of the tentative maps. 9963. RESERVATION REQUIREMENTS' As a condition of approval of any tentative or tentative parcel map, the subdivider shall reserve sites appropriate in area and location for parks , recreational facilities, fire stations, libraries , or other public uses according to the standards and formula contained in this chapter. 9963.1. STANDARDS AND FORMULA FOR RESERVATION OF LAND. Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted general plan containing a community facilities element , recreation and parks element , and/or a public building element , the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the definite principles and standards contained in the above specific plan or general plan. The reserved area shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. 9963. 2. PROCEDURE. The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two (2 ) years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. 9963 . 3. PAYMENT. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance 15. of such reserved area, including interest costs incurred on any loan covering such reserved area. 9963. 4 . TERMINATION. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. 9964. DRAINAGE AND SEWER FACILITIES. PAYMENT OF FEES REQUIRED. Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Government Code. 9965. BRIDGE CROSSINGS' AND MAJOR THOROUGHFARES. PURPOSE. The purpose of this article is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the Government Code. 9966. SUPPLEMENTAL IMPROVEMENTS REQUIRED. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a final or parcel map, and thereafter to dedicate such improvements to the public . However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improve- ments pursuant to the provisions of the Subdivision Map Act . 9966. 1. SUPPLEMENTAL IMPROVEMENTS. REIMBURSEMENT AGREEMENT. FUNDING PROCEDURES. No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Article 987 of this code is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit dis- trict is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. In addition to the notice required by Article 987 of this code, written notice of the hearing shall be given to the sub- divider and to those who own property within the proposed area of 16. benefit as shown on the latest equalized .assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten (10 ) days prior to the date established for hearing. 9966 . 2. SUPPLEMENTAL IMPROVEMENTS. DRAINAGE, SEWERAGE, BRIDGES, AND MAJOR THOROUGHFARES. If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this article, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of ' said charge as set forth in this article. The City may enter into reimbursement agreements with a subdivider who constructs said facilities , bridges, or thoroughfares and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein. 9967. SOIL REPORTS. A physical and chemical analysis and soil report prepared by a qualified soils engineer registered by the state, based upon adequate field investigation, unless the Director of Building and Community Development shall determine that , due to knowledge as to the qualities of the soil of such subdivision or lot, no preliminary analysis is necessary. If the preliminary soils and chemical analysis report indicates the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects or significant damage to improvements , the person filing the tentative map may be required to submit an analysis of each lot in the sub— division. Whenever any such analysis indicates such problems , the Department of Building and Community Development shall recommend corrective action which is likely to prevent structural damage to each structure proposed to be constructed. The Director of Building and Community Development shall approve the soils inves- tigation if he determines that the recommended action is likely to prevent damage to each structure to be constructed, and shall require that the approved recommended action be incorporated in the construction of each structure . If the Director of Building and Community Development finds that a written geological report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard, the person filing the tentative map shall submit such a report to said Director. The report shall be prepared by a registered engineering geologist, shall contain adequate information and analysis to substantiate its conclusions, and shall make specific recommendations as to the appropriate design criteria for any proposed structure. 17. The Board of Zoning Adjustments or the Planning Commission may approve the subdivision or portion thereof where such soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and as a condition to the issuance of any building permit , may require that the approved recommended action be incorporated in the construction of each structure. 9968 . FINAL MAP. MONUMENTS. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. The engineer or surveyor shall also set the following additional monuments: (a) Approved pipe monuments shall be set at the beginning and end of all property line curves. (b ) 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 . (c ) Where centerline tangents intersect on private property, concrete monuments shall be set at both the beginning and end of all centerline curves . 9968. 1. BENCH MARKS. Permanent and accurate bench marks shall be set in curb returns or other approved locations at each street intersection, and complete field notes showing locations and elevations shall be filed with the City Engineer. 9968.2. FIELD NOTES. Complete field notes in a form satisfactory to the City Engineer, showing references , ties , locations, elevations , and other necessary data relating to monuments and bench marks set in accordance with the requirements of this article, shall be submitted to the City Engineer to be ' retained by the City as a permanent record. 9968. 3. RECORDATION. All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final map. 9969 . ENVIRONMENTAL IMPACT. No tentative or tentative parcel map filed pursuant to the provisions of this chapter shall be approved until an environmental impact analysis has been prepared, processed, and considered in accordance with the provisions of this code. The subdivider shall provide such 18. additional data and information and deposit and pay such fees as may be required for the preparation and processing of environ- mental review documents . 9969. 1. GRADING AND 'EROSION 'CONTROL. Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in this code. ARTICLE 997 IMPROVEMENT SECURITY 9970. IMPROVEMENT SECURITY REQUIRED. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act , for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act . 9971. IMPROVEMENT SECURITY AMOUNT. The improvement security shall be in the amount set forth or authorized in Section 66499 . 3 of the Subdivision Map Act . If the improvement security is other than a bond or bonds furnished by a duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost of reasonable expenses and fees , including reasonable attorneys ' fees , which may be incurred by the City in successfully enforcing the obligation secured. The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten (10) percent of the original estimated cost of the improvement . 9972. IMPROVEMENT SECURITY. SPECIAL ASSESSMENT PROCEEDING. REDUCTION. In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this article. 9973 . IMPROVEMENT SECURITY. RELEASE. The improvement security required hereunder shall be released in the following manner: (a) Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance 19. of the act or work subject to the provisions of subparagraph (b ) hereof. (b ) The Director of Public Works may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the subdivider. In no event shall the Director of Public Works authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this chapter, the Subdivision Map Act or the improvement agreement . (c ) Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment , may, six (6 ) months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the Director of Public Works to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settle- ment of all such claims and obligations for which the security was given. (d) No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof. SECTION 4. The Huntington Beach Ordinance Code is hereby amended by adding a new Article 998 to read as follows : ARTICLE 998 REVERSION TO ACREAGE 9980. REVERSION TO ACREAGE BY FINAL MAP. Subdivided property may be reverted to acreage pursuant to provisions of this article. 9981. INITIATION OF PROCEEDINGS BY OWNERS. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Planning Commission. The petition shall contain the information required by Section 9994 and such other information as required by the Planning Director. 9982. INITIATION OF PROCEEDINGS BY CITY COUNCIL. The City Council at the request of any person or on its own motion may by minute order initiate proceedings to revert property to acreage. The City Council shall direct the Planning Commission 20. to obtain the necessary information to initiate and conduct the proceedings. 9983• DATA FOR REVERSION TO ACREAGE. Eetitioners shall file the following: (a) Evidence of title to the real property and consent of all of the owners of an interest (s ) in the property; or (b ) Evidence that none of the improvements required to be made have been made within two (2) years from the _date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or (c ) Evidence that no lots shown on the final or parcel map have been sold within five (5) years from the date such final or parcel map was filed for record, or; (d) A tentative map in the form prescribed by this chapter; or (e ) A final map in the form prescribed by this chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion. 9984 . FEES. Petitions to revert property to acreage shall be accomplished by a fee of One Hundred Fifty Dollars ($150 ) . If the proceedings are initiated pursuant to Section 9993, the person or persons who requested the City Council to ' initiate the proceedings shall pay a fee of One Hundred Fifty Dollars ($150 ) . Fees are not refundable. 9985• PROCEEDINGS BEFORE THE CITY COUNCIL. A public hearing shall be held before the City Council on all petitions for initiation for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451. 3 of the Government Code. The City Council may give such other notice as it deems necessary or advisable. (a) The City Council may approve a reversion to acreage only if it finds and records in writing that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; or (1) All owners of an interest in the real property within the subdivision have consented to reversion; or (2) None of the improvements required to be made have been made within two (2) years from the date the final or parcel 21. map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or (3) No lots shown on the final or parcel map were filed for record. (b ) The City Council may require as conditions of the reversion: (1) The owners dedicate or offer to dedicate streets or easements . (2) The retention of all or a portion of previously paid subdivision fees , deposits or improvement securities if the same are necessary to accomplish any of the provisions of this chapter. 9986. RETURN OF FEES, DEPOSITS. RELEASE OF SECURITIES. Except as provided in Section 9996, upon filing of the final map for reversion to acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City. 9987. DELIVERY OF FINAL MAP. After the hearing before the City Council and approval of the reversion, the final map shall be filed with the County Recorder. 9988. EFFECT OF FILING REVERSION MAP WITH THE COUNTY RECORDER. Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect . SECTION 5. Tentative maps filed and approved prior to March 1, 1975, may be processed for final approval in accordance with provisions in effect at the time of approval of such maps , provided such provisions do not conflict with state law. SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance, or any future amendments or additions thereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, or any future amend- ments or additions thereto . The City Council of the City of Huntington Beach hereby declares that it would have adopted this 22. ordinance and each section, subsection, sentence, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, sub-- sections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. SECTION 7. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days of its passage in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of March, 1975. ATTEST: /-z May r City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Administrator City Attor e 23. Emergency Ord. No. 1973 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected,. qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of March 19 75 , and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. ' AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Attest` _.°.. _.. `�. 19.7 AUQ M. W&HTWORTH City Clerk ^nd Ex-officio Clerk of the City —— Council of the City of Huntington Beach,Cal. n 6y :.z .