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CHAPTER XVII
PUBLIC PARKS
Subject
Article
Designation
01
Park Use 02
Group Use 03
ARTICLE
01- Back to top
DESIGNATION
SECTION:
17.01.01: Park
Purpose
17.01.02: Park
Name !2R!
17.01.01: PARK
PURPOSE:
The parcels of
land described as Lot 1 of tract 8739, as recorded in Book 121,
page 34, and Lots 66 and 70 of tract 6012, as recorded in Book
74, pages 97-98, of the official records of the County of Los
Angeles are hereby designated for public park use. (Ord. 954,
3-8-89)
17.01.02: PARK
NAME:
Those parcels
of land identified in Section 17.01.01 herein shall be
designated as "Lacy Park". (Ord. 954, 3-8-89)
PARK USE
SECTION:
17.02.01:
Hours of Operation
17.02.02:
Designated Areas
17.02.03:
General Prohibited Activities
17.02.04:
Sanitation Prohibited Activities
17.02.05:
Other Prohibited Activities
17.02.06:
Behavior of Persons in Park
17.02.07:
Traffic !2R!
17.02.01:
HOURS OF OPERATION:
A. Lacy Park
shall be open to the public during such hours and on such days
as the City Council shall establish by resolution following a
public hearing. The days on which the park shall be open to the
public and the opening and closing hours shall be posted in
accessible areas of the park.
B. No person
may enter the park except during the hours authorized by said
resolution. Violation of this Section shall be a misdemeanor or
an infraction, as determined by the City Prosecutor and shall be
punishable as provided in Section 01.04.03A of this Code. (Ord.
954, 3-8-89; 1994 Code)
17.02.02:
DESIGNATED AREAS:
A. The Council
may designate by resolution certain areas of the park for
specific uses. Such designations may include:
1. Picnic
areas.
2. Game areas.
3. Prohibited
areas.
4. Dog
prohibited areas.
5. Bicycle
prohibited areas.
6. Closed
areas.
7. Other
special use areas.
B. Any section of the park may be
designated as closed to the public by the Director of Public
Works at any time and for any interval of time, either
temporarily or at regular and stated intervals, daily or
otherwise, and either entirely or only to certain uses, as the
Director of Public Works shall find reasonably necessary.
C. It shall be unlawful for any
person to violate the designations made pursuant to this
Section, when such areas are so posted, or when so directed by
any City park personnel. (Ord. 954, 3-8-89; 1994 Code)
17.02.03:
GENERAL PROHIBITED ACTIVITIES:
It shall be
unlawful for any person to perform in Lacy Park any of the
activities prohibited below, except as may be specifically
allowed by the City Manager:
A.
Buildings and Other Property: No person shall wilfully mark,
deface, disfigure, injure, tamper with, nor displace or remove
any buildings, tables, benches, fireplaces, railings, paving or
paving material, water lines or other public utilities or
appurtenances thereof, signs, notices or placards, whether
temporary or permanent, monuments, stakes, posts or other
boundary markers or other structures or equipment, facilities or
park property or appurtenances whatsoever, either real or
personal.
B.
Removal of Natural Resources: No person shall dig or remove any
soil, rock, stone, trees, shrubs or plants, downed timber or
other wood, nor make any excavation by tool, equipment, blasting
or other means or agency.
C.
Damage to Trees, Shrubbery and Lawns: No person shall damage,
cut, carve, transplant or remove any tree or plant or injure the
bark thereof, nor pick the flowers or seeds of any tree or
plant, nor shall any person attach any rope, wire or other
contrivance to any tree or plant. No person shall dig in or
otherwise disturb grass areas, nor in any other way injure or
impair the natural beauty or usefulness of any area.
D.
Climbing Trees And Fixtures: No person shall climb any tree or
building, nor walk, stand or sit upon any monuments, vases,
fountains, railings, fences or upon any other property not
designated or customarily used for such purposes.
E.
Erection Of Structures: No person shall construct or erect any
building or structure of whatsoever kind, whether permanent or
temporary, nor run or string any public utility into, upon or
across such lands, except on special written permit issued by
the City. (Ord. 954, 3-8-1989)
17.02.04: SANITATION PROHIBITED ACTIVITIES:
A.
Trash: No person shall cause to be brought in or shall dump,
deposit or leave any bottles, broken glass, ashes, paper, boxes,
cans, dirt, rubbish, waste, garbage or refuse or other trash in
Lacy Park except in the proper receptacles where provided. Where
receptacles are not so provided, all such rubbish or waste shall
be carried away from the park by the person responsible for its
presence, and properly disposed of elsewhere.
B.
Restrooms: All persons using the restrooms and washrooms in Lacy
Park shall maintain the buildings in a neat and sanitary
condition. No person over the age of five (5) years shall use
the restrooms and washrooms designated for the opposite sex,
unless accompanied by a parent or adult of the designated sex.
(Ord. 954, 3-8-1989; amd. 1994 Code)
17.02.05:
OTHER PROHIBITED ACTIVITIES:
It shall be
unlawful for any person to perform in Lacy Park any of the
activities prohibited below, except as may be specifically
allowed by the City Manager:
A.
Hunting And Firearms:
No person shall hunt, trap or pursue wildlife at any time. No
person shall use, carry or possess firearms of any description
or air rifles, spring guns, bows and arrows, slings or any other
form of weapons potentially inimical to wildlife and dangerous
to human safety, nor any instrument that can be loaded with and
fire blank cartridges, nor any kind of trapping device. Shooting
into a park area from beyond the park boundaries is forbidden.
B.
Camping: No person shall set up tents, shacks or any other
temporary shelter for the purpose of overnight camping without a
written permit from the City.
C.
Horseback Riding: No person shall ride a horse, nor allow a
horse or other animal, except as provided for in this Article,
to enter the park.
D.
Vending And Peddling: Except as provided in any permit issued by
the City Council, no person shall expose or offer for sale any
article, service or thing, nor shall station or place any stand,
cart or vehicle for the transportation, sale or display of any
such article, service or thing, nor shall offer or perform any
service, trade or occupation within the park or carry out any
business activity whatsoever.
E.
Advertising: No person shall announce, advertise or call the
public attention in any way to any article or service for sale
or hire.
F.
Signs: No person shall paste, glue, tack or otherwise post any
sign, placard, advertisement or inscription whatsoever, nor
erect or cause to be erected any sign whatsoever on any public
lands or highways or roads adjacent to a park.
G.
Alms: No person shall solicit alms or contributions for any
purpose, whether public or private.
H.
Fires: No person shall build or attempt to build a fire, except
in such area and under such regulations as may be designated by
the Director of Public Works. No person shall drop, throw or
otherwise scatter lighted matches, burning cigarettes or cigars,
tobacco paper or other flammable materials within any park area
or on any highway, road or street abutting or contiguous
thereto.
I.
Games Of Chance: No person shall gamble or be a participant in
or abet any game of chance.
J.
Fireworks And Explosives: No person shall bring or have in
his/her possession or set off or otherwise cause to explode or
discharge or burn any firecrackers or other fireworks or
explosives or inflammable material, nor discharge or throw same
into any such area from land or highways adjacent thereto. This
prohibition includes any substance, compound, mixture or article
that, in conjunction with any other substance or compound
possessed by said person, would be inflammable or explosive.
(Ord. 954, 3-8-1989; amd. 1994 Code)
K.
Remote-Controlled Toys: No person shall bring or operate any
remote-controlled toy. (Ord. 095-1072, 6-14-1995)
17.02.06:
BEHAVIOR OF PERSONS IN PARK:
It shall be
unlawful for any person to perform in Lacy Park any of the
activities prohibited below, except as may be specifically
allowed by the City Manager:
A.
Intoxicating Beverages Or Drugs: No person shall bring alcoholic
beverages or drugs into the park, nor drink alcoholic beverages
or use drugs at any time in the park. No person shall enter the
park while under the influence of intoxicating liquor or drugs.
B.
Domestic Animals: No person shall bring any dog or other
domestic animal into the park unless such animal is on a leash
not greater than ten feet (10') in length and such animal
remains on said leash at all times while in the park. No
domestic animal shall be allowed in any portion of the park
marked by signs prohibiting domestic animals in the area.
C.
Loitering, Boisterousness And Noise: No person shall sleep on
the seats, benches or other areas in the park, nor engage in
loud, boisterous, threatening, abusive, insulting or indecent
language, nor engage in loud, unnecessary or unreasonable noise
of any type or kind which would tend to disturb the peace or be
a nuisance to other persons, nor engage in any disorderly
conduct or behavior tending to a breach of the public peace.
D.
Cleated Shoes: No person shall wear any cleated shoes within the
park.
E.
Exhibit Permits: No person shall fail to produce and exhibit any
permit from the City authorizing the person to perform any
activity in the park upon request of any authorized City
employee who shall desire to inspect the same for the purpose of
enforcing compliance with any ordinance or rule.
F.
Interference With Permittees: No person shall disturb or
interfere unreasonably with any person or party occupying any
area, or participating in any lawful activity in the park. (Ord.
954, 3-8-1989)
17.02.07:
TRAFFIC:
It shall be
unlawful for any person to perform in Lacy Park any of the
activities prohibited below, except as may be specifically
permitted by the City Manager:
A.
Motor Vehicles: No person shall drive or have in his/her
possession any motor vehicle, motorcycle, motor-driven cycle or
motorized bicycle in Lacy Park without the authorization of the
Director of Public Works, except in designated parking areas.
B.
Parking: No person shall park a vehicle in Lacy Park in other
than an established or designated parking area, and such use
shall be in accordance with the posted directions and markings
thereto and with the instructions of any park attendant who may
be present.
C.
Bicycles:
1. No person
shall ride a bicycle on other than a paved vehicular road or
path designated for that purpose. A bicyclist shall be permitted
to wheel or push a bicycle by hand over any grassy area or
wooded trail or on any paved area reserved for pedestrian use.
2. No person
shall ride a bicycle except at a slow speed and maintaining full
control of the bicycle at all times.
3. No person
shall ride a bicycle other than on the right-hand side of the
road paving as close to the edge as conditions permit. Bicycles
shall be kept in a single file except when passing. Bicyclists
shall, at all times, operate their bicycles with reasonable
regard to the safety of others and in compliance with all
applicable safety laws.
4. No person
shall ride any other person on a bicycle unless the bicycle is
designed for such use.
5. No person
shall leave a bicycle in a place other than a bicycle rack if
such is provided and there is a space available.
6. No person
shall leave a bicycle lying on the ground or paving or set
against trees or in any place or position where other persons
may trip over or be injured by the bicycle.
7. No person
shall ride a bicycle after sunset or before sunrise.
8. Parents or
guardians shall be responsible at all times for the behavior of
their minors on bicycles in the park. (Ord. 954, 3-8-1989)
GROUP USE
SECTION:
17.03.01:
Permit Required
17.03.02: Fee
Required
17.03.03:
Picnic Areas !2R!
17.03.01:
PERMIT REQUIRED:
A.
Any group,
organization, business, establishment or association, comprised
of fifteen (15) or more members, desiring to use Lacy Park for a
function shall first obtain a permit from the City.
B.
Park permits shall be issued in the priority by which
applications are received. (Ord. 954, 3-8-89)
17.03.02: FEE
REQUIRED:
The fee for a
park use permit shall be as established by a resolution of the
Council. Said fee shall be in addition to any other fee which
may be established by the Council. (Ord. 954, 3-8-89)
17.03.03:
PICNIC AREAS:
A.
Except as may be provided for in a permit issued pursuant to
Section 17.03.01 of this Article, no person shall picnic or
lunch in any place other than those designated for that purpose.
B.
All tables and benches in picnic areas shall be available to the
first person who uses the same on any particular day, except
when such area has been reserved pursuant to a park use permit.
All persons occupying a picnic area reserved for a group shall
vacate the area when requested to do so by a park attendant.
(Ord. 954, 3-8-89)
CHAPTER XVIII
TREES AND SHRUBS
Subject Article
General Provisions 01
Permit Requirements 02
Maintenance and Protection of
Trees and Plants 03
GENERAL PROVISIONS
SECTION:
18.01.01:
Jurisdiction
18.01.02:
Duties Of Park Committee
18.01.03:
Designation Of Varieties Of Vegetation
18.01.04:
Prerequisites To Approval Of Subdivisions
18.01.05:
Forestry Plan
18.01.01:
JURISDICTION:
From and after
the effective date hereof, sole and exclusive jurisdiction over
all planting, except grass, in all parkways, parks, bridle paths
and other public lands and places in the City is hereby vested
in the Park Committee of the City, subject to the approval of
the City Council. (1954 Code §22.1)
18.01.02:
DUTIES OF PARK COMMITTEE:
A.
The Park Committee is hereby charged with the duty of planting,
replanting, maintaining, trimming, moving and removing any tree,
shrub, vegetation or planting of any kind whatsoever, except
grass, in any and all such places named in Section 18.01.01 of
this Article.
B.
The Park Committee shall serve as the City's Tree Board. The
Park Committee shall review and update the City's Forestry Plan,
as required from time to time, to maintain consistency with the
City's General Plan and other related documents. (Ord. 098-1119,
2-11-1998)
18.01.03: DESIGNATION OF VARIETIES OF VEGETATION:
Subject to the
approval of the City Council, the Park Committee shall have the
power to designate the kind or variety of trees, hedges, plants,
shrubs and flowers to be planted in any parkway, park, bridle
path or other public land or place; provided, however, that the
owners of property fronting on any such parkway, park, bridle
path or other public land or place may petition the City Council
that such trees, hedges, plants, shrubs or flowers be of a
certain kind or variety, but such petition shall be merely
advisory to the City Council, and the Council shall not be
obligated or bound to follow the recommendations of such
petition. (1954 Code §22.3)
18.01.04:
PREREQUISITES TO APPROVAL OF SUBDIVISIONS:
No map of a
proposed subdivision of property in the City shall be approved
or accepted by the City Council until the Park Committee shall
have approved the nature and character of the proposed planting,
if any, in the parkways thereof and the nature and character of
the underground installations, if any, in the parkways or under
the sidewalks thereof. (1954 Code §22.11)
18.01.05:
FORESTRY PLAN:
The City shall
develop and maintain a Forestry Plan which provides for
planting, care, preservation, maintenance, and removal of trees
within the public right of way and on private property. The Plan
shall be approved annually by the City Council in conjunction
with the adoption of the City budget. (Ord. 098-1119, 2-11-1998)
PERMIT
REQUIREMENTS
SECTION:
18.02.01:
Permit to Trim
18.02.02:
Permit to Remove
18.02.03:
Conditions of Permits !2R!
18.02.01:
PERMIT TO TRIM:
Any person
maintaining any overhead wires or any pipes or conduits along or
across any parkway, park, bridle path or other public land or
place in the City or owning any property abutting on such
parkway, park, bridle path or other public land or place
desiring to have any planting therein or thereon cut, trimmed or
pruned shall file with the Park Committee a written application
for a permit therefor. The application shall state the name, the
business or residence address of the person desiring such
permit, shall describe with reasonable detail the location for
which the permit is desired and the reason therefor, the
character or nature of the work for which the permit is sought,
and shall contain an agreement that if such permit is issued,
the applicant will pay the entire cost and expense of such
cutting, trimming or pruning and will pay to the City a sum per
day, established by resolution of the City Council, to cover the
cost of a City inspector to supervise and inspect the work done
under the permit. (1954 Code §22.5; 1994 Code)
18.02.02:
PERMIT TO REMOVE:
Any person
owning any property abutting upon any parkway and desiring to
have any planting therein or thereon removed or relocated shall
file with the Park Committee a written application for a permit
therefor. Such application shall state the name, the business or
residence address of the person desiring such permit, shall
describe with reasonable detail the location for which the
permit is desired and the reason therefor, the character or
nature of the work for which the permit is sought and shall
contain an agreement that if the permit is issued, the applicant
will pay the entire cost and expense of such removal or
relocation of such planting. (1954 Code §22.6)
18.02.03:
CONDITIONS OF PERMITS:
The
applications for permits referred to in Sections 18.02.01 and
18.02.02 of this Article shall, in addition to the matters and
things referred to in said Sections, contain an agreement to
perform to the satisfaction of the Park Committee the work for
which the permit is sought and an agreement to indemnify and
save harmless the City, its officers, servants, agents and
employees from any and all costs, damages and liabilities which
may accrue or may be claimed to accrue by reason of the
performance of the work for which the permit is sought. The
acceptance of any such permit by the applicant therefor shall
constitute such an agreement by the applicant, whether such
indemnification is expressed in the application or not. (1954
Code §22.7)
PARKWAYS
SECTION:
18.03.01:
Interference With Trees And Plants
18.03.02:
Exposing Trees To Dangerous Substances
18.03.03:
Attaching Signs, Wires, Etc., To Trees
18.03.04:
Protection During Building Construction
18.03.05:
Landscaping Adjacent To Streets And Parkways In Residential
Zoned District !2R!
18.03.01:
INTERFERENCE WITH TREES AND PLANTS:
It shall be
unlawful for any person to plant, move, remove, damage, trim or
interfere with any tree, shrub, vegetation or planting of any
kind or character whatsoever, except grass, in any public
parkway, park, bridle path or any public land or place in the
city, except as provided in this chapter. (1954 Code §22.4)
18.03.02:
EXPOSING TREES TO DANGEROUS SUBSTANCES:
It shall be
unlawful for any person to cause, authorize or procure any brine
water, oil, liquid dye or other substance, deleterious to tree
life, to lie, leak, pour, flow or drip on or into the soil about
the base of any tree in any parkway, park, bridle path or other
public land or place, at a point from which such substance may,
by flowing, dripping, seeping into the soil or in any other
manner whatsoever, injure such tree. (1954 Code §22.8)
18.03.03:
ATTACHING SIGNS, WIRES, ETC., TO TREES:
It shall be
unlawful for any person to attach or keep attached to any tree
or in any parkway, park, bridle path or other public land or
place or to the guard or stake intended for the protection of
such tree, any rope, wire, sign or any other device whatsoever.
(1954 Code §22.09)
18.03.04:
PROTECTION DURING BUILDING CONSTRUCTION:
During the
erection, repair, alteration or removal of any building or
structure in the city, it shall be unlawful for any person in
charge of such erection, repair, alteration or removal to leave
any tree in any parkway, park, bridle path or other public land
or place in the vicinity of such building or structure without
such good and sufficient guards or protectors as shall prevent
injury to such tree arising out of or by reason of such
erection, repair, alteration or removal. (1954 Code §22.10)
18.03.05:
LANDSCAPING ADJACENT TO STREETS AND PARKWAYS IN RESIDENTIAL
ZONED DISTRICT:
Every person
owning any real property in the residential zoned district
abutting any public street shall:
A.
Keep shrubs adjacent to a street or sidewalk and branches of
trees not planted and maintained by the city trimmed to six
inches (6") back from the street or sidewalk up to a height nine
and one-half feet (91/2') above the top of
the curb or seven feet (7') above the sidewalk;
B.
Keep all shrubs located within three feet (3') of the curb
trimmed to a height not to exceed thirty inches (30") above curb
height or such lower height as the traffic engineer determines
is necessary for traffic or pedestrian safety;
C.
Install and, with the exception of trees planted by the city,
maintain landscaping in the parkway in a neat, orderly and
attractive condition.
D.
For purposes of this section, "parkway" shall mean the area
between a sidewalk and curb and, where there is no sidewalk, the
area between the curb and the edge of the city's street
easement. (Ord. 099-1135, 12-8-1999)
CHAPTER XIX
(Reserved)
CHAPTER XX
(Reserved)
CHAPTER XXI
SPECIAL DISTRICTS
Subject Article
Underground Utility Districts 01
UNDERGROUND
UTILITY DISTRICTS
SECTION:
21.01.01:
Definitions
21.01.02:
Underground Utilities Required
21.01.03:
Procedure
21.01.04:
Designation of Underground Utility Districts by Resolution
21.01.05:
Unlawful Acts
21.01.06:
Exception, Emergency or Unusual Circumstances
21.01.07:
Other Exceptions
21.01.08:
Notice to Property Owners and Utility Companies
21.01.09:
Responsibility of Utility Companies
21.01.10:
Responsibility of Property Owners
21.01.11:
Responsibility of City
21.01.12:
Extension of Time !2R!
21.01.01:
DEFINITIONS:
Whenever the
following words or phrases are used in this Article, they shall
have the respective meanings assigned to them in the following
definitions:
COMMISSION:
The Public Utilities Commission of the State of California.
PERSON: Means
and includes individuals, firms, corporations, partnerships and
their agents and employees.
POLES,
OVERHEAD WIRES and ASSOCIATED OVERHEAD STRUCTURES: Poles,
towers, supports, wires, conductors, guys, stubs, platforms,
crossarms, braces, transformers, insulators, cutouts, switches,
communication circuits, appliances, attachments and
appurtenances located aboveground within a district and used or
useful in supplying electric, communication or similar or
associated service.
UNDERGROUND
UTILITY DISTRICT or DISTRICT: That area in the City within which
poles, overhead wires and associated overhead structures are
prohibited as such area is described in a resolution adopted
pursuant to the provisions of Section 21.01.04 of this Article.
UTILITY:
Includes all persons or entities supplying electric,
communication or similar or associated service by means of
electrical materials or devices. (1954 Code §25.701) !DEFEND!
21.01.02:
UNDERGROUND UTILITIES REQUIRED:
The City
Council finds and determines that henceforth all overhead
utilities, where feasible based on cost, engineering, etc.,
shall be placed underground. (1954 Code §25.702)
21.01.03:
PROCEDURE:
A.
Public Hearing by Council: The City Council may, from time to
time, call public hearings to ascertain whether the public
necessity, health, safety or welfare requires the removal of
poles, overhead wires and associated overhead structures within
designated areas of the City and the underground installation of
wires and facilities for supplying electric, communication or
similar or associated service. The City Clerk shall notify all
affected property owners as shown on the last equalized
assessment roll and utilities concerned by mail of the time and
place of such hearings at least ten (10) days prior to the date
thereof. Each such hearing shall be open to the public and may
be continued from time to time. At such hearing, all persons
interested shall be given an opportunity to be heard. The
decision of the Council shall be final and conclusive.
B.
Report by City Engineer: Prior to holding such public hearing,
the City Engineer shall consult all affected utilities and shall
prepare a report for submission at such hearing containing,
among other information, the extent of such utilities'
participation and estimates of the total costs to the City and
affected property owners. Such report shall also contain an
estimate of the time required to complete such underground
installation and removal of overhead facilities. (1954 Code
§25.703)
21.01.04:
DESIGNATION OF UNDERGROUND UTILITY DISTRICTS BY RESOLUTION:
If, after any
such public hearing, the Council finds that the public
necessity, health, safety or welfare requires such removal and
such underground installation within a designated area, the
Council shall, by resolution, declare such designated area an
underground utility district and order such removal and
underground installation. Such resolution shall include a
description of the area comprising such district and shall fix
the time within which such removal and underground installation
shall be accomplished and within which affected property owners
must be ready to receive underground service. A reasonable time
shall be allowed for such removal and underground installation,
having due regard for the availability of labor, materials and
equipment necessary for such removal and for the installation of
such underground facilities as may be occasioned thereby. (1954
Code §25.704)
21.01.05:
UNLAWFUL ACTS:
Whenever the
Council creates an underground utility district and orders the
removal of poles, overhead wires and associated overhead
structures therein as provided in Section 21.01.04 hereof, it
shall be unlawful for any person or utility to erect, construct,
place, keep, maintain, continue, employ or operate poles,
overhead wires and associated overhead structures in the
district after the date when said overhead facilities are
required to be removed by such resolution, except as said
overhead facilities may be required to furnish service to an
owner or occupant of property prior to the performance by such
owner or occupant of the underground work necessary for such
owner or occupant to continue to receive utility service as
provided in Section 21.01.10 hereof and for such reasonable time
required to remove said facilities after said work has been
performed and except as otherwise provided in this Article.
(1954 Code §25.705)
21.01.06:
EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES:
Notwithstanding the provisions of this Article, overhead
facilities may be installed and maintained for a period, not to
exceed thirty (30) days, without authority of the Council in
order to provide emergency service. The Council may grant
special permission on such terms as the Council may deem
appropriate, in cases of unusual circumstances, without
discrimination as to any person or utility, to erect, construct,
install, maintain, use or operate poles, overhead wires and
associated overhead structures. (1954 Code §25.706)
21.01.07:
OTHER EXCEPTIONS:
In any
resolution adopted pursuant to Section 21.01.04 hereof, the City
may authorize any or all of the following exceptions:
A.
Any Municipal
facilities or equipment installed under the supervision and to
the satisfaction of the City Engineer.
B.
Poles or electroliers used exclusively for street lighting.
C.
Overhead wires (exclusive of supporting structures) crossing any
portion of a district within which overhead wires have been
prohibited or connecting to buildings on the perimeter of a
district when such wires originate in an area from which poles,
overhead wires and associated overhead structures are not
prohibited.
D.
Poles, overhead wires and associated overhead structures used
for the transmission of electric energy at nominal voltages in
excess of thirty four thousand five hundred (34,500) volts.
E.
Overhead wires attached to the exterior surface of a building by
means of a bracket or other fixture and extending from one
location on the building to another location on the same
building or to an adjacent building without crossing any public
street.
F.
Antennas, associated equipment and supporting structures used by
a utility for furnishing communication services.
G.
Equipment appurtenant to underground facilities, such as
surface-mounted transformers, pedestal-mounted terminal boxes
and meter cabinets, and concealed ducts.
H.
Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with construction
projects. (1954 Code §25.707)
21.01.08:
NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES:
Within ten
(10) days after the effective date of a resolution adopted
pursuant to Section 21.01.04 hereof, the City Clerk shall notify
all affected utilities and all persons owning real property
within the district created by said resolution of the adoption
thereof. The City Clerk shall further notify such affected
property owners of the necessity that, if they or any person
occupying such property desire to continue to receive electric,
communication or similar or associated service, they or such
occupant shall provide all necessary facility changes on their
premises so as to receive such service from the lines of the
supplying utility or utilities at a new location, subject to the
applicable rules, regulations and tariffs of the respective
utility or utilities on file with the Commission.
Notification
by the City Clerk shall be made by mailing a copy of the
resolution adopted pursuant to Section 21.01.04 of this Article,
together with a copy of this Article, to affected property
owners as such are shown on the last equalized assessment roll
and to the affected utilities. (1954 Code §25.708)
21.01.09:
RESPONSIBILITY OF UTILITY COMPANIES:
If underground
construction is necessary to provide utility service within a
district created by any resolution adopted pursuant to Section
21.01.04 hereof, the supplying utility shall furnish that
portion of the conduits, conductors and associated equipment
required to be furnished by it under its applicable rules,
regulations and tariffs on file with the Commission. (1954 Code
§25.709)
21.01.10:
RESPONSIBILITY OF PROPERTY OWNERS:
A.
Every person owning,
operating, leasing, occupying or renting a building or structure
within a district shall construct and provide that portion of
the service connection on his/her property between the
facilities referred to in Section 21.01.09 of this Article and
the termination facility on or within said building or structure
being served. If the above is not accomplished by any person
within the time provided for in the resolution enacted pursuant
to Section 21.01.04 hereof, the City Engineer shall give notice,
in writing, to the person in possession of such premises and a
notice, in writing, to the owner thereof as shown on the last
equalized assessment roll to provide the required underground
facilities within ten (10) days after receipt of such notice.
B.
The notice to provide the required underground facilities may be
given either by personal service or by mail. In case of service
by mail on either of such persons, the notice must be deposited
in the United States mail in a sealed envelope with postage
prepaid, addressed to the person in possession of such premises
at such premises, and the notice must be addressed to the owner
thereof as such owner's name appears and must be addressed to
such owner's last known address as the same appears on the last
equalized assessment roll and when no address appears, to
General Delivery, City of San Marino. If notice is given by
mail, such notice shall be deemed to have been received by the
person to whom it has been sent within forty eight (48) hours
after the mailing thereof. If notice is given by mail to either
the owner or occupant of such premises, the City Engineer shall,
within forty eight (48) hours after the mailing thereof, cause a
copy thereof, printed on a card not less than eight inches by
ten inches (8" x 10") in size, to be posted in a conspicuous
place on said premises.
C.
The notice given by the City Engineer to provide the required
underground facilities shall particularly specify what work is
required to be done and shall state that if said work is not
completed within thirty (30) days after receipt of such notice,
the City Engineer will provide such required underground
facilities, in which case, the cost and expense thereof will be
assessed against the property benefited and become a lien upon
such property.
D.
If, upon the expiration of the thirty (30) day period, the
required underground facilities have not been provided, the City
Engineer shall forthwith proceed to do the work; provided,
however, if such premises are unoccupied and no electric or
communications services are being furnished thereto, the City
Engineer shall, in lieu of providing the required underground
facilities, have the authority to order the disconnection and
removal of any and all overhead service wires and associated
facilities supplying utility service to said property. Upon
completion of the work by the City Engineer, he/she shall file a
written report with the City Council setting forth the fact that
the required underground facilities have been provided and the
cost thereof, together with a legal description of the property
against which such cost is to be assessed. The Council shall
thereupon fix a time and place for hearing protests against the
assessment of the cost of such work upon such premises, which
said time shall not be less than ten (10) days thereafter.
E.
The City Engineer shall forthwith, upon the time for hearing
such protests having been fixed, give a notice, in writing,
thereof to the owner thereof in the manner hereinabove provided
for the giving of the notice to provide the required underground
facilities, of the time and place that the Council will pass
upon such report and will hear protests against such assessment.
Such notice shall also set forth the amount of the proposed
assessment.
F.
Upon the date and hour set for the hearing of protests, the
Council shall hear and consider the report and all protests, if
there be any, and then proceed to affirm, modify or reject the
assessment.
G.
If any assessment is not paid within five (5) days after its
confirmation by the Council, the amount of the assessment shall
become a lien upon the property against which the assessment is
made by the City Engineer, and the City Engineer is directed to
turn over to the Assessor and Tax Collector a notice of lien on
each of said properties on which the assessment has not been
paid, and said Assessor and Tax Collector shall add the amount
of said assessment to the next regular bill for taxes levied
against the premises upon which said assessment was not paid.
Said assessment shall be due and payable at the same time as
said property taxes are due and payable and, if not paid when
due and payable, shall bear interest at the rate of ten percent
(10%) per annum. (1954 Code §25.710; 1994 Code)
21.01.11:
RESPONSIBILITY OF CITY:
City shall
remove, at its own expense, all City-owned equipment from all
poles required to be removed hereunder in ample time to enable
the owner or user of such poles to remove the same within the
time specified in the resolution enacted pursuant to Section
21.01.04 hereof. (1954 Code §25.711)
21.01.12:
EXTENSION OF TIME:
In the event
that any act required by this Article or by a resolution adopted
pursuant to Section 21.01.04 hereof cannot be performed within
the time provided on account of shortage of materials, war,
restraint by public authorities, strikes, labor disturbances,
civil disobedience or any other circumstances beyond the control
of the actor, then the time within which such act will be
accomplished shall be extended for a period equivalent to the
time of such limitation. (1954 Code §25.712)
CHAPTER XXII
SUBDIVISIONS
Subject Article
General
Provisions 01
Tentative Map
02
Final Map 03
Lot Splits 04
ARTICLE 01 –
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GENERAL PROVISIONS
SECTION:
22.01.01:
Rules of Word Construction
22.01.02:
Definitions
22.01.03:
Advisory Agency Designated
22.01.04:
General Regulations for Subdivisions
22.01.05:
Variations
22.01.06:
Compliance with Hazardous Waste Management Plan
22.01.01:
RULES OF WORD CONSTRUCTION:
In the
construction of this Chapter, the following rules shall be
observed:
A.
Prohibited Acts: Wherever any act or omission is made unlawful
by this Chapter, it shall include causing, permitting, aiding or
abetting such act or omission.
B.
Titles: The use of the title of any board, department, office,
officer, employee or ordinance shall mean such board,
department, office, officer, employee or ordinance,
respectively, of the City unless otherwise specifically
designated. (1954 Code §20.2)
22.01.02: DEFINITIONS:
The following
words and phrases, when used in this Chapter, shall, for the
purpose of this Chapter, have the meanings respectively ascribed
to them in this Section:
The
definitions and meanings of the following words and phrases, as
contained in State statutes, are adopted as the definitions and
meanings of each and all of such words and phrases whenever the
same appear in this Chapter:
Advisory agent
Gov. Code §66415
County
Surveyor Gov. Code §66417
Design Gov.
Code §66418
Final map Gov.
Code §66433 et seq. (not
specifically
defined)
Improvement
Gov. Code §66419
Record of
survey map Bus. & Prof. Code §8762 (not
specifically
defined)
Subdivider
Gov. Code §66423
Subdivision
Gov. Code §66424
Tentative map
Gov. Code §66424.5
!
APPROVED:
Approved by the Planning Commission unless otherwise specified.
LOCAL STREET:
Any thoroughfare other than a primary street or secondary
street, as defined in this Section, or alley, walkway or trail,
which is shown as such on any official street plan of the City
or on any street plan approved by the City Council.
PRIMARY
STREET: Any thoroughfare of any existing or intended one hundred
foot (100') width or more or its equivalent width in
traffic-carrying capacity, including sidewalks, which is shown
as such on any official street plan of the City or on any street
plan approved by the City Council.
SECONDARY
STREET: Any thoroughfare other than a primary street, as defined
in this Section, which is or is intended for through
traffic-carrying purposes and which is shown as such on any
official street plan of the City or on any street plan approved
by the City Council. (1954 Code §20.1) !DEFEND!
22.01.03:
ADVISORY AGENCY DESIGNATED:
The Planning
Commission is hereby designated as the advisory agency for the
City and is hereby charged with the duty of making
investigations and reports on the design and improvements of
proposed subdivisions. (1954 Code §20.3)
22.01.04:
GENERAL REGULATIONS FOR SUBDIVISIONS:
All
subdivisions shall conform to the following regulations:
A. Streets:
1. Alignment
and Width:
a. The
alignments of all primary and secondary streets shall conform to
those designated by the advisory agency on the master plan of
traffic arteries of the Planning Commission or any street plan
approved by the Planning Commission and shall conform to any
plan of traffic arteries or to any proceeding for any public
improvement affected by or related to any subdivision which has
been initiated or approved by the Council prior to the date of
approval or conditional approval of the tentative map by the
City Council.
b. Unless
otherwise approved by the City Council, the width of all primary
streets shall be one hundred feet (100'), and the width of all
secondary streets shall be eighty feet (80'); except, that a
primary street divided into two (2) drives by a parkway or
railway shall have a width of sixty feet (60') on each side
thereof, and secondary streets so divided shall have a width of
forty five feet (45') on each side thereof.
c. All local
streets shall be at least sixty feet (60') in width; provided,
that dead-end streets may be fifty feet (50') in width.
d. All
dead-end streets shall have a turning circle with a diameter of
not less than eighty four feet (84').
e. Alleys
shall be provided at the rear of all lots zoned as business
property and shall have a width of not less than twenty feet
(20').
f. Dead-end
alleys shall have a turning circle with a diameter of not less
than forty feet (40').
2. Street
Grades: The grade of any street or alley shall not exceed six
percent (6%) unless otherwise approved by the City Council.
3. Curves: The
center line radius of any curve in any street or alley shall be
not less than five hundred feet (500') unless otherwise approved
by the City Council.
4. Angle of
Street Intersections: Street and alley intersections shall be at
right angles unless otherwise approved by the City Council.
5. Block
Corner Cutoff:
a. At all
block corners, except at alleys, the property line shall be
rounded or cut back. Intersection corners on all primary and
secondary streets shall be rounded with not less than twenty
foot (20') radius curves, and all other corners, except at
alleys, shall be rounded with not less than fifteen foot (15')
radius curves; provided, that where business development is
proposed, a diagonal cutoff substantially equivalent to rounding
may be used in order to aid building construction, in which
case, at right angle intersections a substantial equivalent
shall be a seventeen foot by seventeen foot (17' x 17') cutoff.
b. At the
intersection of two (2) alleys, the intersecting corners shall
be laid out with a cutoff having a tangent distance of not less
than ten feet (10') or with a curve having a radius of not less
than fifteen feet (15').
6. Future
Street Dedication: In lieu of the dedication of any street or
alley, a future street or alley dedication may be permitted and
shall be made in the following language:
We hereby
dedicate for public use for street or alley purposes (as the
case may be), that certain strip of land designated as future
street or alley as shown on said map within said subdivision,
reserving to ourselves for the use of ourselves and successive
owners of the respective lots adjoining the future street or
alley shown on said map any and all ordinary uses of said land,
except the erection or construction of buildings thereon, until
such time as the legislative body shall accept the same for
street or alley purposes.
B.
Improvements and Drainage:
1. Minimum
Improvements for Streets:
a. The minimum
improvements for streets shall consist of: 1) grading, concrete
curbs and gutters, fire hydrants and six inch (6") cast iron or
cement asbestos water mains and A.C. or premix pavement not less
than two inches (2") in thickness; except, that the pavement on
primary streets shall be premix not less than four inches (4")
in thickness; the minimum improvement for alleys shall consist
of grading and premix pavement not less than two inches (2") in
thickness; and 2) shall meet with City specifications.
b. Sidewalks
shall be required on primary streets, secondary streets or on
any local street where, in the opinion of the City Council, the
amount of pedestrian travel makes a sidewalk a public necessity.
All grades and drainage facilities shall be designed to the
satisfaction and approval of the City Engineer. Sewer main shall
be installed and connected, and four inch (4") cast iron
laterals installed to each property line. All lots shall drain
toward the street, or else drains shall be installed at the rear
of the property to carry rain water to a street or storm drain.
Improvements shall include ornamental street lights with
underground conduit.
2.
Specifications: All street improvement work shall be constructed
in accordance with specifications approved by the City Council;
provided, however, that such work may be constructed in
accordance with alternative specifications for a more
substantial type of improvement if such alternate specifications
have been approved by the City Council.
3. Width
Between Curbs: The minimum width between curbs shall be as
follows: seventy six feet (76') on primary streets or fifty feet
(50') on each drive of a divided primary street; fifty six feet
(56') on secondary streets or thirty five feet (35') on each
drive of a divided secondary street; thirty six feet (36') on
local streets. On dead-end streets, the width between curbs
shall be not less than thirty six feet (36'); except, that the
curbs on the turning circle shall be constructed on a curve
having a diameter of not less than seventy feet (70'). The width
of pavement on alleys shall be not less than twenty feet (20').
4. Curb
Returns: The radius of the curb return at the intersection of
two (2) streets shall be equal to the radius of the property
line return plus the distance from the curb to the property
line, as measured on the intersecting street having the greater
distance between the curb and the property line.
C. Lots:
1. Size of
Lots: Residential lots shall be subdivided, resubdivided or
split only in conformance to minimum size, area, dimensions,
setbacks and average width as set forth in Chapter XXIII of this
Code, and each such lot shall have a minimum frontage of sixty
feet (60') on and abutting a public road; provided, that on
cul-de-sac streets and other curves and knuckles with a radial
curve of less than one hundred feet (100'), there shall be a
minimum frontage of forty five feet (45') at the street line and
a minimum width of sixty feet (60') at a twenty five foot (25')
setback line; provided, that where property is zoned as business
property, the minimum width and minimum frontage may be reduced
to forty feet (40') and the minimum area to four thousand
(4,000) square feet unless otherwise approved by the City
Council by appropriate procedure.
2. Side Lines:
The side lines of all lots shall be: a) at right angles to the
streets on which the lots front and substantially parallel to
each other; or b) project radially from the approximate center
locus on cul-de-sac streets and other curves or knuckles having
a radial curve of less than one hundred feet (100') and project
in essentially straight lines.
D. Easements:
Easements for public utilities, sewers, storm drains or storm
water channels, and slope rights shall be provided wherever
deemed necessary by the City Engineer and approved by the City
Council. (1954 Code §20.4)
22.01.05:
VARIATIONS:
The City
Council may, upon recommendation of the advisory agency or in
the exercise of sound, reasonable judgment, grant such
variations from the provisions of this Chapter as it determines
warranted or required because of the size, physical or other
conditions of the property or the type of subdivision; provided,
however, that no variations may be made to any requirements
imposed by the "Subdivision Map Act". (1954 Code §20.6)
22.01.06:
COMPLIANCE WITH HAZARDOUS WASTE MANAGEMENT PLAN:
Tentative
tract map, parcel map and other subdivision approvals under this
Chapter shall be consistent with the portions of the County of
Los Angeles Hazardous Waste Management Plan (approved November
30, 1989) relating to siting and siting criteria for hazardous
waste facilities. Nothing herein shall limit the ability of the
City to attach appropriate conditions to the issuance of any
such approval in order to protect the public health, safety or
welfare nor to establish more stringent planning requirements or
siting criteria than those specified in the County Plan. (Ord.
980, 7-11-90)
TENTATIVE
MAP
SECTION:
22.02.01:
Copies to be Filed
22.02.02:
Contents and Information Required
22.02.03:
Tentative Map Fees
22.02.04:
Submission to Council; Time Limits; Tentative Approval !2R!
22.02.01:
COPIES TO BE FILED:
Every
subdivider shall file with the secretary of the advisory agency
at least three (3) copies of a tentative map of each proposed
subdivision and one additional copy thereof for each adjacent
City or County that has requested the submission of such maps
for report. (1954 Code §20.7)
22.02.02:
CONTENTS AND INFORMATION REQUIRED:
The tentative
map required to be filed by Section 22.02.01 of this Article
shall contain the following information:
A.
The tract number, name or designation.
B.
Sufficient legal description of the land to describe the
location of the proposed subdivision.
C.
Names and addresses of record owners shown on the County
Assessor's records, the subdivider and the engineer or surveyor,
if any.
D.
The location, name and width of all existing highways, streets,
alleys and ways adjoining or contiguous to the proposed
subdivision.
E.
The location, name and width of all existing highways, streets,
alleys and ways, the extent and nature of all improvements
proposed to be constructed thereon and the direction of slope
and approximate grades on all proposed streets, drains and
sewers.
F.
The approximate width and location of all existing and proposed
easements for drainage, sewer and public utility purposes.
G.
Approximate radii of all curves.
H.
The approximate lot layout and the approximate dimensions of
each lot.
I.
Approximate location,
width and direction of flow of all watercourses.
J.
Proposed method of sewage disposal.
K.
Proposed use of property.
L.
Approximately accurate contours drawn to intervals prescribed by
the City Engineer where topography controls or influences the
layout.
M.
The approximate location and description of all trees that will
affect the location of any proposed public easements.
N.
The approximate location and description of each existing
building or structure which is not to be moved in the
development of the proposed subdivision.
O.
Date, north point and scale.
P.
The boundary line of the subdivision.
Q.
Any of the foregoing required data which it is impossible to or
impracticable to place upon the tentative map shall be
submitted, in writing, with the map. (1954 Code §20.8)
22.02.03:
TENTATIVE MAP FEES:
Fees shall be
paid in the amount of one thousand dollars ($1,000.00) for each
parcel created by said map. (1994 Code)
22.02.04:
SUBMISSION TO COUNCIL; TIME LIMITS; TENTATIVE APPROVAL:
The advisory
agency shall, within thirty (30) days after the tentative map is
submitted, transmit its report to the City Council, together
with a copy of the report of the City Engineer and a statement
of any variations between the two (2) reports. The City Council
shall act thereon at its next succeeding regular meeting. The
time limits prescribed by this Section for acting upon and
reporting on tentative maps may be extended by mutual written
consent of the subdivider and the advisory agency or by the
subdivider and the City Council, as the case may be. A
conditional approval of the tentative map by the City Council
shall include a statement of the conditions under which the map
will be approved. (1954 Code §20.10)
FINAL MAP
SECTION:
22.03.01:
Survey
22.03.02:
Filing Final Map
22.03.03: Time
Limit on Filing and Recording Map
22.03.04:
Tract Map, Parcel Map Checking Fee
22.03.05:
Improvements Required; Guarantee
22.03.06:
Permanent Monuments
22.03.07:
Center Lines
22.03.08: Ties
to Geodetic System
22.03.09:
Conditions of Acceptance
22.03.10: Lot
Designation
22.03.11:
Boundary Lines
22.03.12:
Title Sheet
22.03.13:
Miscellaneous Requirements for Data on Final Maps
22.03.14:
Soils Investigation
22.03.15:
Certification by Engineer; Council Decision
22.03.16:
Provisions Applicable to Survey Map !2R!
22.03.01:
SURVEY:
Within ten
(10) months after the date of the approval of the tentative map
by the Council as provided by Section 22.02.04 of this Article,
the subdivider shall cause the proposed subdivision to be
accurately surveyed in accordance with the tentative map and
with any and all alterations and changes required thereto,
except where a survey is not required by the Subdivision Map
Act. (1954 Code §20.11)
All survey
data on the final map shall be shown in an approved manner.
(1954 Code §20.16)
22.03.02:
FILING FINAL MAP:
Within the
period specified by Section 22.03.01 of this Article, the
subdivider shall file with the City Engineer a final map of the
subdivision conforming in all particulars to the provisions of
the Subdivision Map Act and of this Chapter. (1954 Code §20.12)
22.03.03: TIME
LIMIT ON FILING AND RECORDING MAP:
The failure of
the subdivider to file the final map with the City Engineer
within the period required by Sections 22.03.01 and 22.03.02 of
this Article and to have such map recorded in the office of the
County Recorder within one year after the date of approval or
conditional approval of the tentative map by the Council shall
automatically terminate and void the proceedings. (1954 Code
§20.13)
22.03.04:
TRACT MAP, PARCEL MAP CHECKING FEE:
Upon
submission of a tract map or parcel map for checking, the
subdivider shall pay a map checking fee to the County Engineer
in addition to all other fees and charges required by law. This
fee shall be equal to the fee established by the County for
checking tract and parcel maps. (1954 Code §20.13[a])
22.03.05:
IMPROVEMENTS REQUIRED; GUARANTEE:
No final map
shall be presented to the Council for approval until the
subdivider either completes the required improvements or:
A. Files with
the Council a surety bond in such an amount as the City Engineer
shall estimate and determine to be necessary to complete all the
improvements required to be done by the subdivider, which surety
bond shall be executed by the subdivider as principal, and a
corporation authorized so to act under the laws of the State as
surety, shall be payable to the City and shall be conditioned
upon the faithful performance of any and all work required to be
done by the subdivider, and such bond shall be further
conditioned that should the subdivider fail to complete all work
required to be done by him within a specified reasonable time,
the City may, at its option, cause all required work to be done,
and the persons executing the bond shall be firmly bound for the
payment of all necessary costs therefor; or
B. Enters into
a contract with the Council to complete such improvements within
a specified reasonable time after the approval and recordation
of the final map, such contract to be secured in such an amount
as the City Engineer shall estimate and determine will be
necessary to complete all the improvements required to be done
by the subdivider, by a deposit of money or of negotiable bonds,
or the kind approved by law for securing deposits of public
money, made with either the Council or a reliable escrow agent
or trust company approved by the Council. The deposit shall be
conditioned upon the faithful performance of any and all work
required to be done by the subdivider under the terms of such
contract and shall further be conditioned to the effect that
should the subdivider fail to complete all such work required
within a specified reasonable time, the City may, at its option,
cause all required work to be done. The money or bonds of the
deposit shall be firmly bound for the payment of all necessary
costs therefor, and in such contract, the escrow agent or
depositary shall be instructed to pay to the City out of the
moneys and bonds on deposit all costs and expenses incurred and
expended by the City in causing any and all such required work
to be done and to secure the cost of which the deposit was made,
upon the filing by the City Engineer with the escrow agent or
depositary of a statement signed by him that all the work
required under such contract to the extent that the cost of such
work was covered by the deposit has been completed, together
with a statement of costs and expense incurred and expended by
the City therefor. The contract may, by its terms, provide for
the acceptance of the work as it progresses and for partial
withdrawal of the deposit, in money or bonds, upon certificate
of the City Engineer in a manner similar to cash payment under
cash contracts.
Every surety
bond furnished and every contract under which a deposit is made
to secure and guarantee the construction and completion of the
improvements required to be done by the subdivider shall further
provide and be conditioned that the surety executing such bond,
or such deposit, respectively, shall continue to be firmly bound
under a continuing obligation for the payment of all necessary
costs and expenses that may be incurred or expended by the City
in causing any and all such required work to be done, and that
such surety or depositor, respectively, assents to any lawful
extensions of time within which to construct and complete such
improvements that may be granted to the subdivider. A guarantee
for the construction and completion of improvements, in the form
provided for in this Section, shall not be waived under any
condition. (1954 Code §20.14; 1994 Code)
22.03.06:
PERMANENT MONUMENTS:
Approved
permanent monuments shall be set as required by California
Government Code sections 66495 and 66496. All monuments that are
required to be set shall be marked to conform to the provisions
of the California Business and Professions Code section 8772 and
the provisions of this Chapter. (1954 Code §20.15)
22.03.07:
CENTER LINES:
A. Ties to
Official Center Lines: In the event that the City Engineer shall
have established or accepted the center line of any street or
alley in or adjacent to the subdivision, the survey data and all
monuments found on the ground and used in the determination of
the boundaries of the subdivision shall be shown upon the final
map, together with references to field books or maps used in
connection therewith. If the points are reset by ties, that fact
shall be so stated upon the final map. (1954 Code §20.17)
B. New Center
Line Data and Monuments: Complete center line data, including
lengths of tangents and semi-tangents, shall be shown on the
final map for all streets within or adjoining the subdivisions
where no official center line has been previously established.
The subdivider shall place approved center line monuments with
permanent references thereto and furnish a set of approved field
notes to the City Engineer. (1954 Code §20.18)
22.03.08: TIES
TO GEODETIC SYSTEM:
The City
Engineer may require ties to the geodetic triangulation system
where stations thereof have been established within a reasonable
distance from the subdivision boundary. (1954 Code §20.19)
22.03.09:
CONDITIONS OF ACCEPTANCE:
When the
tracings of the final map are filed with the City Engineer, they
shall be accompanied by two (2) prints. The City Engineer may
refuse to accept any final map which does not conform to the
provisions of the Subdivision Map Act, the provisions of this
Chapter or to the conditions of approval of the tentative map.
(1954 Code §20.20)
22.03.10: LOT
DESIGNATION:
All lots shall
be numbered consecutively without omission or duplication,
beginning with the numeral "1". No prefix, suffix, letter or
combination of numeral and letter shall be used. Each lot in its
entirety shall be shown on one sheet. (1954 Code §20.21)
22.03.11:
BOUNDARY LINES:
A. Boundary
Line Specifications: The boundary line of the subdivision shall
be bordered by a Prussian blue watercolor tint approximately
one-eighth of an inch (1/8") wide applied
on the reverse side of the tracing and inside each boundary
line. Watercolor used shall be of such density that will print
without obliterating any lines, figures or other data appearing
on the print. (1954 Code §20.22)
B. Boundary
Determination to be Shown: The final map shall show fully and
clearly where there may be found on the ground the stakes,
monuments and other evidence used to determine the boundaries of
the subdivision. It shall also show and identify each adjacent
corner of each adjoining subdivision or portion thereof by lot
and block number and tract name and place of record or by
section, township and range or, where no such identifying data
is available, by other approved designation sufficient to
establish the relation with such adjoining subdivisions. (1954
Code §20.27)
22.03.12:
TITLE SHEET:
A. Title and
Legal Description of Property: The title sheet of each final map
shall contain a title consisting of the number, name or other
designation of the subdivision, together with the words "In the
City of San Marino" or "Partly in the City of San Marino and
partly in unincorporated territory" or "Partly in the City of
San Marino and partly in the City of " (insert the name of the
adjacent city), as applicable. The title sheet shall also
contain a subtitle consisting of a description of all the
property in the subdivision by reference to such map of such
property as shall have been previously recorded or filed in the
office of the County Recorder or filed with the County Clerk
pursuant to a final judgment in any action in partition or filed
in the office of the County Recorder pursuant to section
66499.55 of the State Government Code or by reference to the
plat of any United States survey. Each reference in such
subtitle to any tract or subdivision shall be worded and spelled
identically with and contain a complete reference to the book
and page of the original record thereof. (1954 Code §20.23)
B. Surveyor's
Name, Date of Survey and Basis of Bearings to be Shown: Upon the
title sheet, there shall be shown the name of the surveyor, the
date of the survey, the basis of bearings, with a reference to a
record satisfactory to the City Engineer, or a solar or Polaris
observation. (1954 Code §20.24)
C. Reversion
to Acreage Maps:
1. Upon the
title sheet of each map filed for the purpose of reverting
subdivided land to acreage, the subtitle shall consist of the
words "A Reversion to Acreage of " (insert a legal description
of the land being reverted).
2. No
dedication for street or other public purposes shall be required
as a condition of approval of a reversion to acreage map.
3. Maps
recorded solely for the purpose of combining portions of vacated
streets with adjoining lots shall be treated in procedure as
reversion to acreage maps. (1954 Code §20.25)
D. Legibility
of Information: All stamped and written matter on the title
sheet, including signatures, shall be so imprinted with black,
opaque ink that legible blue line prints can be obtained
therefrom. (1954 Code §20.26)
22.03.13:
MISCELLANEOUS REQUIREMENTS FOR DATA ON FINAL MAPS:
All final maps
for subdivisions shall meet the following miscellaneous
requirements for data thereon:
A. Information
Required on Each Sheet: Each sheet, except the title sheets,
shall bear the main title of the map, the scale and the north
point.
B. Lot, Blocks
and Boundary Lines: The bearing and length of each lot line,
block line and boundary line shall be shown on the final map;
provided, that when bearings or lengths of lot lines in any
series of lots are the same, such bearings and lengths may be
omitted from each interior parallel line of the series. No ditto
mark or other designation of repetition shall be used.
C. Lot Areas:
The area of each lot containing three-fourths (3/4)
of an acre or more shall be designated to the second decimal
place.
D. Curves: The
arc length, radius and central angle or bearings of terminal
radii of each curve and the bearing of each radial line to each
lot corner on each curve shall be shown.
E. Street
Names:
1. Approved
names shall be used for every street shown on the final map.
2. The name of
each newly dedicated portion of any street shall be shown in or
arrowed to the newly dedicated portion.
3. Numerals
and abbreviations shall not be used in delineating street names.
F. Widths of
Streets, Alleys and Railroad Rights of Way:
1. The final
map shall indicate the widths and fractional widths of each
street and alley as follows: the total width dedicated prior to
the recording of the final map; the width of additional strips
to be dedicated by the final map, the total width including such
additional strips; and the fractional total widths on each side
of the center line.
2. The width
of each railroad right of way appearing on the map shall be
indicated thereon.
G. Power Lines
and Water Mains: The boundary lines of all power line and water
main easements shall be accurately delineated whenever the use
of property lying within such lines is so restricted by the
terms of the easement that the property cannot be devoted to the
erection of structures.
H. Easements:
The center line or side lines of each easement to which the lots
in the subdivision are subject shall be shown on the final map.
If such easement cannot be definitely located from the official
records, a statement showing the existence of the easement shall
be placed on the title sheet of the final map. All easements
shall be delineated on the final map by fine dotted lines.
Distances and bearings on the side lines of lots which are
crossed by easements shall be so arrowed or shown as to indicate
clearly the actual length and bearing of each lot line. The
width of each easement and the lengths and bearings of the lines
thereof and sufficient ties thereto to definitely locate it with
respect to the subdivision shall be indicated. The purpose of
each easement shall be designated and, if then of record, the
record reference shall be given; all easements to be dedicated
shall be included in the offer of dedication in the owner's
certificate on the title sheet. The data pertaining to easements
shall be smaller and lighter than other data.
I. City
Boundary Lines: City boundary lines crossing or abutting the
subdivision shall be clearly designated and tied in. (1954 Code
§20.28)
22.03.14:
SOILS INVESTIGATION:
A. Purpose:
The City Council declares that this Section is enacted pursuant
to the requirements of section 66490 et seq., of the California
Government Code.
B. Preliminary
Soil Report: Prior to the submission of the final subdivision
map, the subdivider shall file with the Planning and Building
Department a preliminary soil report, prepared by a civil
engineer who is registered by the State, based upon adequate
test borings or excavations of every subdivision, as defined in
sections 66411 et seq., of the California Government Code. The
preliminary soil report may be waived if the Planning and
Building Department shall determine that, due to the knowledge
of such Department as to the soil qualities of the subdivision,
no preliminary analysis is necessary.
C. Soil
Investigation: If the preliminary soil report indicates the
presence of critically expansive soils or other soil problems
which, if not corrected, would lead to structural defects, a
soil investigation of each lot in the subdivision shall be
prepared by a civil engineer who is registered by the State. The
soil investigation shall recommend corrective action which is
likely to prevent structural damage to each dwelling proposed to
be constructed on the expansive soil. The report shall be filed
with the Planning and Building Department.
D. Approval of
Soil Investigation: The Planning and Building Department shall
approve the soil investigation if it determines that the
recommended corrective action is likely to prevent structural
damage to each dwelling to be constructed on each lot in the
subdivision. Appeal from such determination shall be to the City
Council. The building permit shall be conditioned upon the
incorporation of the approved recommended corrective action in
the construction of each dwelling. (1954 Code §20.28-1; 1994
Code)
22.03.15:
CERTIFICATION BY ENGINEER; COUNCIL DECISION:
A.
Certification: The City Engineer shall check the final map to
determine if the same conforms in all respects to the provisions
of the Subdivision Map Act and of this Chapter. He shall,
thereupon, either certify to its correctness and transmit it to
the City Council, together with such other information as is
necessary, or he shall return the map to the subdivider,
together with a statement setting forth the corrections
required. (1954 Code §20.20)
B. Approval or
Disapproval by Council; Dispositions: The City Council shall, at
its next regular meeting after receipt of the final map from the
City Engineer as provided by subsection A above, approve or
disapprove the final map. If the Council approves the final map,
it shall return the map to the City Engineer, who shall
immediately transmit the same to the Clerk of the Board of
Supervisors of the County for recordation. If the Council
disapproves the final map, it shall be returned to the City
Engineer with a statement of the grounds for its disapproval,
and the City Engineer shall, thereupon, return the same to the
subdivider. (1954 Code §20.30)
22.03.16:
PROVISIONS APPLICABLE TO SURVEY MAP:
Except as
otherwise provided in the Subdivision Map Act the provisions of
subsections 22.03.12C and
22.03.13E, F
and H of this Article shall apply to record of survey maps.
(1954 Code §20.31; 1994 Code)
LOT SPLITS
SECTION:
22.04.01:
Definitions
22.04.02:
Design Standards
22.04.03:
Required Improvements
22.04.04:
Surveying Requirements
22.04.05: Bond
22.04.06: Form
of Map and Accompanying Data
22.04.07:
Filing of Map and Accompanying Data
22.04.08:
Action on Lot Split
22.04.09:
Effective Date and Appeal !2R!
22.04.01:
DEFINITIONS:
When used in
this Article the following words and terms shall have the
meanings ascribed to them in this Section:
CITY ENGINEER:
Includes the Director of Public Works.
LOT SPLITS:
Means and refers to subdivisions into less than five (5) lots,
except as otherwise regulated by the Map Act and elsewhere in
this Chapter. (1954 Code §20.32) !DEFEND!
22.04.02:
DESIGN STANDARDS:
The design
standards as set forth elsewhere in this Chapter shall apply to
lot splits. (1954 Code §20.33)
22.04.03:
REQUIRED IMPROVEMENTS:
The required
improvements as set forth elsewhere in this Chapter, except
surveying requirements, shall apply to lot splits. (1954 Code
§20.34)
22.04.04:
SURVEYING REQUIREMENTS:
A. A durable
monument shall be set at each angle and curve point in the
boundary of each lot. Such durable monuments shall be not less
substantial than a two inch by two inch by twelve inch (2" x 2"
x 12") redwood stake with nail and metal tag with the
certificate number of the registered civil engineer or licensed
surveyor setting it, each number to be preceded by the letters,
"R.E." or "L.E.", respectively, as the case may be; provided,
however, that whenever a point marking any of the locations
abovedescribed occurs in improved areas, such as a concrete
sidewalk, curb, wall or pavement, such points shall be marked
with a lead plug, tack and such metal tag or with a spike and
metal tag securely set in the concrete or pavement,
respectively.
B. All
monuments shall be subject to inspection and approval by the
City Engineer. (1954 Code §20.35)
22.04.05:
BOND:
The subdivider
shall post with the City a good and sufficient corporate surety
bond in the amount of one hundred percent (100%) of the City
Engineer's estimate of the costs of all required improvements,
the cost of preparation of plans and specifications therefor,
the costs in connection with the inspection thereof, the costs
to provide the necessary field engineering therefor and the
costs of setting all required monuments and guaranteeing the
faithful performance thereof. Such bond shall be subject to
review and approval by the City Engineer and the City Attorney
before acceptance. (1954 Code §20.36)
22.04.06: FORM
OF MAP AND ACCOMPANYING DATA:
A.
Preparation: The subdivider shall cause the map to be prepared
by a registered civil engineer or licensed surveyor, and such
map shall be in full compliance with the requirements of this
Section.
B. Form: The
map shall be clearly and legibly drawn. The size shall be eight
and one-half inches by eleven inches (81/2"
x 11") or eleven by seventeen inches (11" x 17"). The scale of
the map shall be large enough, not smaller than one inch equals
sixty feet (1" = 60'), to show clearly all details thereof, and
such map shall contain the following information:
1. The legal
description of the entire subdivision and the legal description
for each lot, true north point, scale, date of survey, basis of
bearings and the subdivision boundary line accurate in scale.
2. Name and
address of record owner or owners.
3. Name and
address of the subdivider.
4. Name,
business address and number of registered engineer or licensed
surveyor.
5. Sufficient
elevation and contours to determine the general slope of the
land and the high and low points thereof.
6. The
locations and existing widths of all adjoining and contiguous
highways, streets and ways and the tract number or names of
adjoining subdivisions.
7. The
approximate widths, location and purpose of all existing or
proposed easements.
8. Lot layout,
dimensions, area in square feet and a number for each lot, which
numbering shall start with "1" and be numbered consecutively.
9. The outline
of any existing buildings to remain in place and their locations
within the subdivision and immediately adjacent thereto, in
relation to existing street and lot lines.
10.
Approximate location of all areas subject to inundation or storm
water overflows and the location, width and direction of flow of
all watercourses.
11. The
location of political subdivision lines or corporation lines.
12. The
precise position, description and character of all monuments
found or required to be set.
13. The
location of existing sewers, culverts or other underground
structures within the subdivision and immediately adjacent
thereto, with sizes and grades indicated.
14. The
location of proposed sanitary sewers, storm water drains and
other public utilities.
15. Sufficient
linear, angular and curve data to determine readily the bearing
and length of the boundary lines of the subdivision and of the
boundary lines of every lot.
16. Arc
lengths, radii and total delta or radial bearings of each curve;
where lot corners are rounded at street intersections, the
tangents thereof.
17. Existing
use or uses of the property.
18. Proposed
use of the property; if the property is proposed to be used for
more than one purpose, the area, lot or lots proposed for each
type of use.
19. Statement
of the improvements and public utilities proposed to be made or
installed and of the time at which such improvements are
proposed to be completed.
20. Provision
for proposed sewerage and sewage disposal.
21. Tree
planting proposal.
22.
Approximate location of each area covered by brush or trees with
a statement of the nature of such cover and the kind and
approximate location of all trees standing within the boundaries
of proposed public rights of way.
23. Types and
location of street lighting proposed.
C. Owner's
Statement: Such of the information listed above as may not
practicably be shown on the map shall be contained in a written
owner's statement accompanying the same. (1954 Code §20.38)
22.04.07:
FILING OF MAP AND ACCOMPANYING DATA:
A. Lot Split
Fees: Fees shall be paid in the amount of one thousand dollars
($1,000.00) for each parcel created as shown on the map. (1994
Code)
B. Number of
Copies for Filing: The subdivider shall submit to the planning
secretary for filing with the Planning Commission ten (10) blue
line prints and one thin brown line copy of the map, together
with three (3) copies of the owner's statement.
C.
Departmental Distribution: The planning secretary shall submit
copies of the map to such agencies and departments which it
deems to have sufficient interest therein for their review and
reports thereon.
D. Publication
and Posting of Notices: The planning secretary shall cause
notice of the time and place of hearing by the Planning
Commission on the proposed lot split to be published at least
once in a newspaper of general circulation printed, published
and circulated generally within the City, such publication to be
at least ten (10) days prior to such hearing. Such notice shall
contain sufficient data to properly inform interested parties of
the identity of the property involved and the nature of the lot
split.
The planning
secretary shall also cause a copy of such notice to be mailed to
the owners of all property located within three hundred feet
(300') of the proposed lot split in the manner set forth with
respect to variances in Chapter XXIII of this Code and the
following Sections. (1954 Code §20.38)
22.04.08:
ACTION ON LOT SPLIT:
A.
Departmental Action: Within ten (10) days from the date of
receipt of the copy of the map, each agency or department to
which such copy may have been transmitted shall examine the map
to ascertain if the lot split proposed thereon conforms to the
requirements coming within the authoritative scope of such
agency or department and shall file with the Planning Commission
a written report on such map.
B. Public
Hearing: The Planning Commission shall conduct a public hearing
on the proposed lot split as published and posted, which hearing
shall be held on the first regular meeting of the Planning
Commission occurring at least twenty one (21) days after the
date of filing the map and accompanying data with the planning
secretary.
C. Planning
Commission Action:
1. The
Planning Commission shall review the map and accompanying data
and the reports, if any, of the agencies and departments and
shall conduct its own full and complete investigation. The
Planning Commission may require such additional information
concerning the proposed lot split as it deems necessary.
2. The
Planning Commission shall determine whether the proposed lot
split is in conformity with law and this Chapter and shall
approve, conditionally approve or disapprove the lot split. At
the same time the Planning Commission shall designate the
improvements which will be required. Within ten (10) days, the
Planning Commission, through the planning secretary, shall
report the action on the proposed lot split to the subdivider.
3. When, in
the opinion of the Planning Commission, it is the intent of the
subdivider to divide his land into five (5) or more lots within
a thirty six (36) month period, or where the proposed lot split
would permit such future additional subdivision as a natural
sequence of operations, then the Planning Commission may
disapprove the proposed lot split and recommend that the
subdivider file a tentative map in accordance with the
provisions of this Chapter for subdivisions of five (5) or more
lots.
4. When, in
the opinion of the Planning Commission, a dedication and/or
improvement of public streets, parkways or other public ways or
places is required, then the Planning Commission may disapprove
the proposed lot split and recommend that the subdivider file a
tentative map pursuant to the provisions of this Chapter.
D. Revised
Map: The subdivider shall file with the planning secretary one
thin brown line copy of a revised map of the lot split as
approved by the Planning Commission, such revised map to be
prepared by a civil engineer or licensed surveyor.
E. Plans and
Specifications: In cases where improvements are required, no
improvement work shall be commenced until the tracing and two
(2) sets of plans and specifications therefor prepared in
accordance with approved standards have been submitted to and
approved by the City Engineer.
F. Bond: In
cases where improvements are required, the subdivider shall post
two (2) copies of a bond as specified elsewhere in this Chapter
within twenty (20) days from the date of conditional approval to
assure that the improvement work and survey requirements will be
completed within the time specified by the Planning Commission
or, if no time is specified, within one year from the date of
conditional approval; provided, however, that the Planning
Commission may extend such time for good and sufficient reasons
upon application in writing by the subdivider.
Failure on the
part of the subdivider to meet any of the foregoing requirements
within the times specified shall automatically cause the
proposed lot split to become null and void and of no effect.
(1954 Code §22.39)
22.04.09:
EFFECTIVE DATE AND APPEAL:
A. Any
aggrieved person, the subdivider or any member of the Planning
Commission or City Council may appeal the decision of the
Planning Commission to the City Council.
Such appeal
shall be made by written communication filed within thirty (30)
days after the action of the Planning Commission. Thereafter,
the City Council shall conduct a public hearing according to the
same procedures and standards as set forth for the Planning
Commission.
The decision
of the City Council approving, modifying or reversing the
Planning Commission shall be final.
B. No lot
split shall be recognized by the Planning and Building
Department or other departments of this City until after the
action of the Planning Commission or City Council has become
final.
C. Prior to
the effective date of any such lot split approved by the
Planning Commission or City Council, the subdivider and owner of
the lots involved shall cause to be recorded, in the office of
the County Recorder, a covenant running with the land declaring
the effect of such lot split. Such recordation shall be made on
forms supplied by the City. (1954 Code §20.40)
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