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Ordinance No. 77SUBDIVISION ORDINANCE INDEX ARTICLE I AUTHORITY SECTION 1-01 Authority ARTICLE II DEFINITIONS 2-01 Definitions - General 2-02 Block 2-03 Key Lot 2-04 Map Act 2-05 Alley 2-06 Walkway 2-07 Dead-end Street 2-08 Street 2-09 Private Street 2-10 Service Road 2-11 Freeway 2-12 Major Highway 2-13 Primary Street 2-14 Secondary Street 2-15 Local Street 2-16 Minor Street 2-17 Cul -de -Sac Street ARTICLE I I I GENERAL CONTROLS 3-01 Conformance to Plans 3-02 Streets and Highways 3-03 General Requirements 3-04 Sanitary Sewers 3-05 Water Supply 3-06 Alleys 3-07 Walkways 3-08 Parking Areas 3-09 Lots 3-10 Blocks 3-11 Exceptions 3-12 Avoidance of Breaking Street Paving ARTICLE IV TENTATIVE MAP 4-01 Requirements 4-02 Size of Map 4-03 Information on Map 4-04 Supplemental Information 4-05 Required Fee 4-06 Procedure 4-07 Commission Action and Record 4-08 Council Action and Report ARTICLE V FINAL MAP 5-01 Procedure 5-02 Size and Content of Map 5-03 Required Information 5-04 Record of Easements 5-05 Survey Data 5-06 Required Surveying Data Ordinance No. 77 SECTICN 5-07 Surveying Data For Lots 5-08 Lot Numbers 5-09 Established Lines 5-10 Existing Monuments 5-11 New Monuments 5-12 Title Sheet 5-13 Certificates 5-14 Filing Final Map 5-15 Certificate of Title 5-16 Fees -Final Map 5-17 Improvement Plans and Profiles 5-18 Dedication and Improvements 5-18 Dedication and Improvements 5-19 Improvements Required 5-20 Processing By City ARTICLE VI RECORD OF SURVEY 6-01 Improvements Required 6-02 Filing of Map 6-03 Approval of Maps 6-04 Appeal or Non -Compliance 6-05 Action of Planning Commission 6-06 Appeal 6-07 Dedications ARTICIE VII LIMITATION ON PROPERTY USE 7-01 Limitation on Property Use ARTICLE VIII PENALTIES - REPEAL - ADOPT'ION 8-01 Penalty For Violation 8-02 Constitutionality of Ordinance 8-03 Urgency 8-04 Effective Date Ordinance No 77 ORDINANCE NU 77 AN ORDINANCE PROVIDING REGULATIONS FOR THE SUBDIVISION OF LAND IN THE CITY OF CYPRESS, CALIFORNIA, AND FOR THE PREPARATION AND PRESENTATION OF MAPS THEREFOR, REQUIRING CERTAIN IMPROVEMENTS IN CONNECTION THEREPWITH; PROVIDING FOR THE APPROVING AND RECORD- ING THEREOF; AND DESIGNATING AN ADVISORY AGENCY In order to promote public health, safety and general welfare, orderly growth and development of the City of Cypress, hereinafter referred tc as City; proper use of land; conservation, stabilization and protection of the use value of property, adequate provision for necessary utilities and public convenience, the City Council of the City of Cypress, hereinafter referred to as City Council, ordains as follows: ART IC LE I AUTHORITY SECTION 1-01. AUTHORITY Pursuant to the "Subdivision Map Act" of the State of California, as it now exists or may hereafter be amended, the provisions of this Ordinance are supplemental to those of said Act, and shall apply to all subdivisions of land here- after made when said land is entirely, or partially within the limits of the City of Cypress The Cypress City Planning Commission is here- by designated as the "advisory agency" referred to in said Act, and is charged with the duty of making investigations and reports on the de- sign and improvement of proposed subdivisions, and is hereby author- ized to approve, conditionally approve or disapprove tentative maps of subdivisions prepared and filed according to this Ordinance and the said "Subdivision Map Act", to recommend the kinds, nature and extent of the improvements required to be installed in subdivisions, and to report to the City Council the action taken on tentative maps ART IC LE II DEFINITIONS SECTION 2-01: DEFINITIONS - GENERAL Whenever any words or phrases used in this Ordinance are not defined herein but are defined in the Business and Professions Code of California, such definitions are incorporated herein and shall apply to such words and phrases used in this Ordinance as though set forth in full herein unless the context clearly indicates a different intent SECTION 2-02 BLOCK Block shall mean an area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or by streets, highways or ways, except alleys and the exterior boundary or boundaries of the subdivision SECTION,2-03. KEY LOT Key lot shall mean a lot, the side line of which adjoins the rear line of one or more adjoining lots. SECTION 2-04: MAP ACT Map Act shall mean the Subdivision Map Act of the State of California, as amended from time to time SECTION 2-05: ALLEY. Alley shall mean a public way for pedestrian or vehicle use which affords only a secondary means of access to abutting properties. SECTION 2-06- WALKWAY Walkway shall mean a passage way intend- ed for pedestrians use only SECTION 2-07: DEAD-END STREET. Dead-end Street shall mean any street or way having only one outlet for vehicular traffic, but not terminating in a cul-de-sac. Ordinance No. 77 SECTION 2-08: STREET. Street shall mean a public way which provides for abutting properties a primary means of access for vehicular and pedestrian traffic SECTION 2-09: PRIVATE STREET Private Street shall mean any parcel of land not dedicated as a public street but used or intended to be used for ingress to or egress from, a lot or lots which may or may not have frontage on a public street. SECTION 2-10: SERVICE ROAD. Service Road shall mean a street adjacent to a Freeway or primary street, and separated therefrom by a dividing strip, which provides the primary means of access for vehicular and pedestrian use to abutting prop- erties. SECTION 2-11: FREEWAY Freeway shall mean a street desig- nated as a "Freeway" by the California State Division of High- ways or other Governmental Agency SECTION 2-12• MAJOR HIGHWAYS Major Highways shall mean a street which serves or is to serve as a major traffic artery for inter -communication between communities. SECTION 2-13: PRIMARY STREET Primary Street shall mean a street intended for the movement of major volumes of traffic thrcugh the City or serving to collect traffic from two or more intersecting secondary streets SECTION 2-14. SECONDARY STREET. Secondary Street shall mean a street intended for the movement of traffic from one area of the City to another area and serving to collect traffic from intersecting streets of lesser classification SECTION 2-15 LOCAL STREET. Local Street shall mean a street intended wholly or principally for traffic originating or terminating at residential properties within the immediate vicinity of said street SECTION 2-16: MINOR STREET. Minor Street shall mean a street which by the nature of its limited usage is determined as such by the Planning Commission SECTION 2-17. CUL-DE-SAC STREET. Cul-de-sac Street shall mean a street enlarged at its terminus, which provides an adequate turning radius for vehicular traffic ARTICLE III GENERAL CONTROLS SECTION 3-01: CONFORMANCE TO PLANS A subdivision plan shall conform to the official plan of streets In the absence of an official plan of streets and highways, there shall be substantial conformance to the master plan. In the absence of a master plan, the street system in a proposed subdivision shall relate to the existing streets in the area adjoining the sub- division SECTION 2:02: STREETS AND HIGHWAYS (a) Freeways, limited -access and unlimited -access State Highways shall conform to the standards of the Division of Highways, Department of Public Works, State of California, and where some are involved in any subdivision, they shall be subject to individual determination by the City. Said standards of the Division of highways shall be deemed to be the minimum standards that will be acceptable. Ordinance No. 77 (b) Streets designated on the Master Plan of Arterial Highways and other streets shall have the follow- ing right-of-way widths: (1) Major Highways 190 feet of right-of-way improved with a six lane divided or undivided highway and service roads Restricted vehicular access from abutting properties Where commercial and indus- trial property abuts a major highway, the right- of-way required may be modified to one hundred twenty (120) feet thus eliminating the service road and providing an additional traffic lane (2) Primary Highways: One hundred (100) feet of right-of-way improved with a six (6) lane divided or undivided highway. Restricted vehicular access from abutting properties. (3) Secondary Highways: Eighty (80) feet of right-cf- way improved with a four (4) lane highway Limited vehicular access from abutting properties (4) Col actors Streets:Shall not be less than sixty four (64) feet wide. (5) Local Streets• Shall be not less than sixty (60) feet wide. (6) Minor Streets- Shall be not less than fifty two (52) feet wide (7) Cul-de-sac Streets: Shall be not less than fifty (50 feet wide nor more than five hundred (500) feet in length except with special council approval The radius at the terminus of the cul-de-sac shall be not less than forty-five (45) feet. Stub streets or rights-of-way may be required to the edge of the subdivision (8) Along major highways, limited -access highways or freeways a frontage roadway separated from the traffic roadway by an acceptable separation strip may be required All dimensions on such multiple roadway thoroughfares shall be as defined on the City Master or Official Plan or State Division of Highways Plan, or as approved by Council (9) Curbed major and primary streets shall have a center line radius of not less than one thousand (1000) feet, except as approved by Council. (10) Curved secondary streets shall have a center line radius of not less than one thousand (1000) feet, except as approved by Council. (11) Curves on other streets shall have a center line radius of not less than four hundred (400) feet, except local streets shall be not less than two hundred fifty (250) feet Cul-de-sac and Minor Streets not less than one hundred fifty (150) feet. (12) No street shall have a grade of more than six (6) percent, or less than fifteen hundredth (15/100ths) of one (1) percent unless, because of topographical conditions or other exceptional circumstances the City Engineer determines that a grade in excess or less than the above require- ments is necessary Ordinance No 77 (13) Street corners shall have a curb radius of not less than twenty-five (25) feet, except that on major and primary streets a thirty- five (35) foot radius shall be required. All property lines shall be designed so as not to reduce parkway widths (14) Street intersections shall be as near right angles as practicable In no case should the angle be less than forty-five (45) degrees (15) Streets which are a continuation of streets in contiguous territory shall be so aligned as to assure that their center lines shall coincide. In cases where straight contin- uations are not physically possible, such center line shall be continued by curves. (16) In areas not covered by the official or master plan, the layout of all improvements including roadways, curbs and gutters, street lights, parkways, parkway trees, dividing strips, sidewalks, sewer lines and water mains within the rights-of-way of all highways, streets, alleys and public easements, shall be in accordance with standards established by the City Engineer and adopted by the City Council and where no such standards have been adopted, the arrangements shall be subject to approval by the City Council. SECTION 3-03: GFNERAL REQUIREMENTS All sidewalks, concrete curbs, and gutters, parkway trees, ornamental street lights, pave- ments, sanitary sewer lines, water mains, fire hydrants, culverts, drainage structures and any other required improvements shall be installed at the cost of the subdivider, and shall conform to grades and specification established by the City Engineer of the City of Cypress SECTION 3-04: SANITARY SEWERS. Sewers, including sewer to the property line of each lot, when within street areas to be improved by the subdivider, shall be installed prior to the sur- facing of the street Sanitary or storm sewers, appurtenances and service connections shall be constructed to grades, size and design in accordance with good engineering practice approved by the City Engineer. SECTION 3-05. WATER SUPPLY Water shall be provided from an approved source. Water mains shall be constructed to serve each lot within the subdivided area and shall be of such size and design as approved by the City Engineer Where the water main is in an improved area, service connections shall be laid to the property line prior to the surfacing of the street SECTION 3-06: ALLEYS (a) Alleys twenty (20) feet wide shall be provided at the rear of all lots classified for and to be used for commercial or multiple -family purposes If adequate off-street parking areas to serve such property are securely reserved for such purpose and are shown upon the map and approved by the City in the manner herein provided, the requirements may be modified Alleys elsewhere shall be optional with the City If the Official Plan indicates alleys which are not required by the general rule, then the alleys thus shown shall be required. Ordinance No 77 11 (b) Alleys at the rear of business, industrial or un- limited multiple residential property shall be subject to determination by the City as to design, location and width (c) Alleys shall be required at the rear of all prop- erty fronting directly upon any secondary, primary or major highway and access rights to such thorough- fares limited. (d) Where two alleys intercept or intersect, the cor- ners shall be cut on straight line connecting points on both lot lines fifteen (15) feet distant from the corner of the lot or lots at the intersection of the alleys SECTION 3-07: WALKWAYS. (a) Walkway easements shall be provided wherever deemed necessary and shall be not less than ten (10) feet in width and dedicated to the City (b) Public walkways shall be improved in the manner required by the City Engineer SECTION 3-08: PARKING AREAS (a) Special areas for off-street parking of motor vehicles which may be offered for dedication or to be otherwise reserved for public use in con- nection with proposed business, industrial, un- limited multiple -residential or institutional property shall be subject to determination by the City as to size, location, shape and adequacy, and shall generally conform to the City Zoning Ordinance SECTION 3-00: LOTS. (a) Lot areas shall be such as will conform to the standards of development as defined by the Zoning Ordinance or by other official plans adopted pursuant to law. (b) A lot having no frontage on a public street or approved access thereto may; for that cause alone, be disapproved for subdivision. (c) The width of lots shall be such as will conform to standards of development as defined by the Zoning Ordinance or other official plans adopted pursuant to law. (d) No lot shall be divided by a County, City or School District boundary line (e) The side lines of lots shall be approximately at right angles to the street line on straight streets and shall be radial on curved streets (f) Double frontage lots shall be avoided All lots shall be suitable for the purpose for which they are intended to be used Ordinance No 77 SECTION 3-10: BLOCKS (a) Blocks less than three hundred thirty (330) feet in length, or more than nine hundred ninety (990) feet in length, may be cause for disapproval, but in no case shall a block be longer than thirteen hundred twenty (1320) feet (b) In blocks nine hundred ninety (990) feet long or over, public walkways ten (10) feet wide may be required (c) Long blocks are desirable adjacent to main thorough- fares in order to reduce the number of intersections. SECTION 3-11• EXCEPTIONS (a) Conditional exceptions to the regulations herein defined may be authorized if exceptional or special circumstances apply to the property Such special circumstances may include limited size, unusual shape, industrial development, extreme topography, dominating drainage problems, or the impractica- bility of employing a comprehensive plan or lay- out by reason of prior existing recorded subdivision of contiguous properties SECTION 3-12: AVOIDANCE OF BREAKING STREET PAVING Any under- ground utility or service lines required to be installed as a part of the subdivision and which run across or underneath the right-of- way of any street, alley, or way shall be installed prior to the surfacing of such street, alley, or way ART IC IE IV TENTATIVE MAP SECTION 4-01: REQUIREMENTS Each proposed subdivision shall be submitted in map form Not less than ten (10) copies of such map shall be filed with the Secretary of the City Planning Comm- ission. When such required copies of a tentative map are filed, the Secretary of the Planning Commission shall immediately forward one (1) copy to each of the following when necessary with a request that each report recommendations if any, to the Planning Commission (a) Affected water agency (b) City Engineer (c) Each city entitled by law to review and recommend thereon (d) Two copies for the Planning Commission. (e) Division of Highways, State Department of Public Works (f) County Planning Commission. (g) Division of Real Estate SECTION !x-02: SIZE OF M P The size of such tentative map or maps shall be a minimum of 18" x 26" cr may be any dimension sufficient to show the entire subdivision on one sheet, at a scale not less than one hundred (100) feet to the inch. Ordinance No 77 1.3 SECTION 4-03: INFORMATION ON MAP Each such map shall contain the following information (a) Tract number. (b) (d) (e) (f) (g) (h) (1) (j) (k) (1) (m) (n) (o) (P) (q) (8) Name and address of the record owner or owners whose property is proposed to be subdivided, and name and address of subdivider (c) Name and address of registered civil engineer or licensed surveyor, who prepared the map North point Area within the tract boundaries, to the nearest acre. Scale Date of preparation Boundary lines The location, width, approximate grade and pro- posed names of all streets within the boundaries of proposed subdivision Location and width of alleys Name, location and width of adjacent streets Lot number, lot lines and approximate dimensions of each lot. Approximate location and width of water courses or areas subject to inundation from floods, or location of structures, irrigation ditches, railroads and other permanent physical features Description of the exterior boundaries of the sub- division or legal description of the property com- prising the subdivision Width and location of all existing recorded public or private easements, and proposed easements which may be required Classification of lots as commercial, industrial or to intended other uses. Proposed direction of flow and street drainage (r) Approximate radii of curves. residential, rate of grade of Contours at one foot intervals based cn the City Survey Datum (t) Vicinity map. SECTION 4-04: SUPPLEMFNTAL INFORMATION The tentative map shall show thereon, or be accompanied by reports and written state- ments from the subdivider giving essential information regarding the following matters. (a) Source of water supply. Ordinance No 77 (b) Type of street improvement which the subdivider proposed to install. (c) Proposed storm water sewer or other means of drainage (grade and size). SECTION 4-05. REQUIRED FEE. A fee to cover costs of checking shall be paid for each tentative map or maps of a subdivision in amounts as follows: (a) Twenty-five (125.00) dollars per tentative map including less thantwenty (20) lots One (1.00) dollar for each additional lot to fifty (50) lots Fifty ($ 50) cents for each additional lot to two hundred (200) lots, and twenty-five ($ 25) cents for each additional lot (b) When a tentative map is filed having more than one (1) tract number, the fee shall be calculated on the basis of one (1) tentative map the sum of all the lots shown thereon. (c) Fees for other maps shall be as provided in Article V, Section 16 SECTION 4=1E2: PROCEDURE (a) After noting the above requirements, it is desirable that the subdivider should confer with the staff of the City Planning Commission and the City Engineer before preparing a tentative map (b) Each tentative map shall have a tract number to be assigned by the County Surveyor of Orange County (c) The tentative map shall be prepared in accordance with the "Subdivision Map Act" and the previsions of this Ordinance, and shall be filed with the Secretary of the Planning Commission Such filing should be prior to the completion of final surveys of streets and lots and before grading or construction work within the proposed subdivision that might be affected by the changes in the tentative map To assure to the Planning Commission all necessary information to consider a tentative map, the Commission shall act onlytpon such tentative maps as shall have been filed with the Commission not less than ten (10) days prior to the date of the Planning Commission meeting at which such matter is to be considered (d) Prior to the consideration by the Planning Com- mission of a tentative map and within the ten (10) days following its filing, the City Engineer shall make a report in writing to the Planning Commission to any recommendations in connection with the ten- tative map and its bearing on particular functions SECTION 4-07. COMMISSION ACTION AND RECORD The Planning Com- mission shall consider a tentative map at its first regular meeting held not less than ten (10) days fcllowing the filing of said map Action on such tentative map in approving, conditionally approving or disapproving, shall be transmitted to the City Council not later than thirty (30) days following the filing date. Within not to exceed ten (10) days or at its next succeeding regular meeting after receipt of the report the City Council shall act thereon A copy of each officialaction on a tentative map shall be permanently affixed to the official file copy of such map in the records of the Planning Commission Ordinance No 77 15 SECTION 4-08- COUNCIL ACTION AND REPORT The City Council through the City Engineer shall report the action thereon to the subdivider and the City Planning Commission not later than fif- teen (15) days following the first meeting of the City Council subsequent to the date on which the report of the City Planning Commission was received ARTICIE V FINAL MAP SECTION 5-01: PROCEDURE. After receipt of the resolution of the City Council approving or conditionally approving the tentative map, the subdivider may, within one (1) year from the date of said approval, proceed to prepare and file a final map as herein provided. If such final map is not recorded within one (1) year frcm the date of the approval of the tentative map by the City Council, said map shall be considered abandoned, except that prior to the expiration of one (1) year and upon application by the subdivider the time limit may be extended for a period not to exceed one additional year. SECTION 5-02. SIZE AND CONTENT OF MaP (a) The final map shall be clearly and legibly delineated upon tracing cloth of good quality. All lines, letters, figures, certificates, acknowl- edgements and signatures shall be made in black waterproof india ink, except that affidavits, certificates and acknowledgements may be legibly stamped or printed upon the map with black opaque ink (b) The size of each sheet shall be 18 x 26 inches. (c) A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch (d) The scale of the map shall be large enough to show all details clearly shown (not less than one (1) inch to one hundred (100) feet) and the num- ber of sheets used shall be set forth on each sheet. (e) The tract number or name, scale and north point shall be shown on each sheet of the final map and the relation of each adjoining sheet shall be clear- ly shown (f) The boundary line of the subdivision shall be bordered by a one-eighth (1/8th) inch wide blue tint which tint shall not obliterate the lines and figures and such line shall be placed on the reverse side of all tracings and outside the sub- division boundary line SECTION 5-03: REQUIRED INFORMATION. The following infor- mation shall be required• (a) On the map Ordinance No. 77 (1) The owner's certificate shall contain the following statement: and reserve to ourselves, our heirs, and assigns, for the use and benefit, and the conveyance to the several public utility companies which are authorized to serve in said subdivision, easements for public utility purposes " (2) If more than three (3) sheets are used, an index showing the relationship of the map sheets shall be shown (3) Title, number of tract, date, north point and scale. (4) (5) Legal description sufficient to define the location of the land being subdivided. Acreage to the nearest one-hundredth (1/100) of an acre (6) Location and names, without abbreviations, of all - (a) Proposed streets and alleys (b) Proposed public areas and easements (c) Adjoining streets (7) Dimensions in feet and decimals of a foot. (8) Dimensions of all lots (9) Each lot shall be numbered, each block may be lettered or numbered Each lot shall be shown entirely on one sheet (10) Center line data on streets and alleys, including bearings and distances SECTION 5-04' RECORD OF EASEMENTS (a) The final map shall show sufficient data to establish the location by dimensions, of all easements which appear. (b) Easements for storm drains, sewers and other purposes shall be denoted b;; broken lines (c) The easement shall be clearly labeled and identified and if already of record proper reference to the records given (d) Easements being dedicated shall be so indicated in the owner's certificate. (e) At the time the subdivider presents the final map to the City Council, he shall present a statement certifying that satisfactory provisions will be made with each of said public utility companies as to location of their facilities; and that easements, where required by such companies, will be provided SECTION 5.1-0_5: SURVEY DATA. (a) The final map shall show the center lines of all streets; length, tangents, radii and central angles Ordinance No 77 17 or radial bearings of all curves, the total width of each street, the width of the portion being dedicated and the width of rights-of-way of railroads, flood control or drainage channels and any other easements existing or being dedicated by the map (b) Surveys in connection with the preparation of subdivision maps as in this Ordinance provided shall be made in accordance with standard practices and principles for land surveying. A traverse of the boundaries of the subdivisions and all lots and blocks shall close within a limit of error of one (1) foot in ten thousand (10,000) feet SECTION 5-06- REQUIRED SURVEYING DATA Each final map shall have indicated thereon the following - (a) Radius, tangent, arc length and central angle of curves (b) Primary survey control points. (1) Section corners (2) Monuments (existing outside of subdivision) (c) Location of all permanent monuments within subdivision (d) Ties to and identification of adjacent sub- divisions (e) T iea to and City or County boundary lines involved. (f) Required certificates. SECTION 5-07. SURVEYING DATA FOR LOTS (a) Sufficient data shall be shown to determine readily the bearing and length of each line (b) Dimensions of lots shall be the net dimensions (c) No ditto marks shall be used (d) Lots containing one (1) acre or more shall show net acreage to nearest hundredth SECTION 5-08: LOT NUMBERS. (a) The lots shall be numbered consecutively, commencing with the number (1) one, with no omissions or duplications. (b) Each lot shall be shown entirely on one (1) sheet (c) Blocks may be used, but not preferred They shall be consecutively numbered in the same manner as required for numbering lots, or they may be lettered in alphabetical sequence beginning with the letter "A". (d) Lots within each block shall be numbered as herein provided for subdivision, where blocks are not employed. Ordinance No 77 SECTION 5-09- ESTABLISHED LINES (a) Whenever the City Engineer has established the center line of a street or alley such data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper references made to field books or maps of public record, relating to the monuments If the points were reset by ties, the fact shall be stated (b) The final map shall show City boundaries adjoining the subdivision clearly designated and tied in SECTION 5-10: EXISTING MONUMENTS. (a) The final map shall show clearly what stakes, monuments or other evidence was found on the ground which were used as ties to determine the boundaries of the tract (b) The corners of adjoining subdivisions or portions thereof shall be identified and ties shown SECTION 5-11. NEW MONUMENTS (a) Where required - In making the survey for the subdivision, sufficient monuments shall be set so that the survey or any part thereof may be readily retraced. Monuments shall be placed at such block corners angle points points of curves, on the exterior boundary lines of the tract at intervals of not more than approxi- mately thirteen hundred twenty (1320) feet, and as may be required the City Engineer. Monuments shall be placed at intersections of center lines of streets and at the beginning of curves and end of curves on center lines. (b) Monument requirements (1) Monuments when not located in a surfaced street area shall be not less than an iron pipe with a two (2) inch outside diameter, not less than eighteen inches (1$') in length in which is secured a tag bearing the surveyor's or engin- eer's number, in a lead plug or Portland cement, the top set twelve inches (12") below the surface of the ground (2) Monuments when located in a surfaced street may consist of a spike and tin and a sufficient number (normally four) of durable distinctive reference points Such reference points may be lead and tacks, PK's or three-quarter (3/4") inch iron not less than sixteen (16") inches long in which is secured a tag bearing the surveyor's or engineer's registration number and set twelve (12") inches below the surface of the ground, or such substitute therefor as appears to be not more likely to be disturbed, and is approved by the City Engineer Ordinance No. 77 19 (3) Four chisel marks in the rim of a manhole is an acceptable monument, when properly referenced (4) Notes - For each center line intersection monument set, the engineer or surveyor under whose super- vision the survey has been made, shall furnish to the City Engineer a set of notes showing clearly the ties and nature of such monument Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the City Fngineer All such notes shall be indexed and filed by the City Engineer as a part of the permanent records of the City Engineer's office (c) Lot corners shall be marked with three-quarter (3/4) inch galvanized iron pipe not less than sixteen (16) inches long in which is secured a tag bearing the surveyor's or engineer's regis- tration number, and shall be driven not less than six (6) inches below finished grade. (d) Front lot corners may be marked with nail and Itg set in sidewalk one (1') foot off front property line. SECTION 5-12• TITLE SHEET (a) Below the title shall be a sub -title consisting of a general description of all the property being subdivided, by reference to subdivisions or to sectional surveys (b) Reference to tracts and subdivisions shall be spelled out and worded identically with original records, with complete reference to proper book and page of the record. (c) Title sheet shall show, in addition, the basis of bearings (d) Maps filed for purpose of reverting subdivided land to acreage shall be conspicuously marked under the title "The Purpose of This Map is a Reversion to Acreage" SECTION 5-13. CERTIFICATES Forms for certificates required by the "Subdivision Map Act" and the City may be secured from the City Engineer SECTION 5-14. FILING FINAL MAP (a) For purposes of filing a final map, the subdivider shall submit to the City Engineer an original final map tracing and three (3) dark line prints thereof. SECTION 5-15. CERTIFICATE OF TITLE Each subdivision map shall be accompanied by a title report showing the names of all persons, firms or corporations whose consent is necessary to pass title to road, street and other easements shown upon said map Ordinance No 77 SECTION 5-16: PEES - FINAL MAP Fees shall be paid in the following amounts to the City Clerk upon the filing of a final. map• (a) Five ($5.00) dollars payable to the City for a subdivision consolidating properties into one (1) lot subdivision, or for a subdivision for the purpose of reversion to acreage. (b) Thirty ($30 00) dollars plus one ($1 00) dollar for each lot contained on the final map. The City clerk shall issue a receipt for fees received in behalf of the City identifying same as related to the number of the subdivision for which such fee was tendered SECTION 5-17: IMPROVEMENT FLANS AND PROFILES The plans and profiles of all improvements required by the provisions of this Section, as well as of other improvements proposed to be installed by the subdivider in, over or under any street, alley, way, easement or parcel of land where improvements are required or proposed shall be filed with the City Engineer An estimate of the quantities for bid items shall be tabulated on Sheet 1 of the improvement plans If all details, plans and profiles of improvements are not filed with the City Engineer at the time of filing of the final map, the faithful perform- ancebond as required in Section 5-18 hereof shall include a guarantee that the remaining plans and profile will be prepared in accordance with the requirement of the City Engineer In allcases where topography controls the design, all details, plans and profiles of improvements required by the City Engineer must be submitted at the time of filing of final map SECTION 5-18: DEDICATION AND IMPROVEMENTS. (a) All streets, highways and parcels of land shown on the final map and intended for any public use shall be offered for dedication for public use, and shall be properly noted in the owner's certificate on the title page of the final map This provision shall not apply to easements for public utilities. (b) Streets or portions of streets may be offered for future dedication where the immediate open- ing and improvements are not required, but where it is necessary to insure that the City can later accept dedication when said streets are needed for the further development of the area or ad- jacent areas. (c) The subdivider shall improve, or agree to improve, all land dedicated for streets, highways, public ways and easements as condition precedent to accept- ance and approval of the finalmap when the areas of abutting lots are an acre or less and such im- provements may be required if the areas of abutting lots exceed one (1) acre each Such improvements shall include such grading, surfacing, sidewalks, curbs, gutters, ornamental street lights, culverts, bridges, storm drains, water mains and individual service connections to the property line with cut-off valves, sanitary sewers and such other structures or improvements as may be required by Ordinance or deemed by the City Council to be Ordinance No 77 21 necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs Costs of flood control works, street improvements of major, primary, and secon- dary streets, trunk sewers, and/or off-site water lines may be prorated, as determined by the City Fngineer and the City Council. Exception: This Section does not require improve- ments to freeways (d) All construction of improvements shall be subject to inspection by the City Engineer and the sub- divider shall arrange for such inspection prior to the starting of construction of the improve- ments Before commencing any improvements the subdivider shall pay to the City Clerk fees in the following amounts. (1) Three and one-half (3-0 percent of that portion of the cost of improvement which is twenty-five thousand ($25,000.00) dollars or less. (2) Three (3) percent of that portion of the cost of improvements which is more than twenty-five thousand ($25,000 00) dollars but less than one hundred thousand ($100,000 00) dollars (3) Two and one-half (2*) percent of that portion of the cost of improvements which is one hundred thousand (;100,000 00) dollars or more (e) The tracings of the proposed improvements shall be furnished to the City Engineer and be approved by the City Engineer prior to the commencing of any construction or improvements The final map may be submitted, prior to submitting the improvement plans Such plans and profiles shall show full details of the proposed improvements which shall be according to the standards of the City of Cypress (f) (g) If such improvement work be not completed to the satisfaction of the City Engineer before the final map is approved, the owner or owners of the sub- division shall, immediately upon approval and before the certification of the final map by the City enter as contractor into an agreement with the City Council whereby, in consideration of the acceptance by the City Council of the street and easements offered for dedication, the contractor agrees to complete the work within the time speci- fied in the agreement. To assure the City that this work will be completed and lien holders paid, a bend equal to the estimated cost of the improvements shall be furnished guaran- teeing faithful performance, and guaranteeing pay- ment for labor and materials. The amount of such bond shall be determined by the City Engineer and approved as to form by the City Attorney, except in cases where a cash deposit is made. Ordinance No 77 SECTION 5-19: IMPROVEMENTS REQUIRED. The minimum improvements bdivider will be required to make or enter into an agree - in the subdivision prior to the acceptance and approval map by the City Council shall be: which the su ment to make of the final (a) (b) (c) (d) (e) (f) (g) (h) (1) (j) (k) Separate and adequate distribution lines for domestic water supply to each lot. Sewage collecting system where main lines of an ade- quate disposal system are available. Adequate drainage of the subdivision streets, high- ways, ways and alleys Adequate grading and surfacing of streets, highways, ways, and alleys. Concrete curbs, gutters and cross gutters Concrete sidewalks. Survey monuments Fire hydrants at locations designated by the City Engineer Street name signs, two to each intersection Necessary barricades azid safety devices. Street trees subject to approval of the City Engineer cr in lieu thereof a sufficient deposit with the City for future tree planting. (1) Ornamental street lights All such improvements shall conform to the standards and specifications of the City SECTION 5-20• PROCESSING OF RECORD MAF BI CITY (a) (b) (c) (d) One (1) copy of a dark line print shall be filed permanently with the City Engineer. One (1) copy shall be transmitted to the City Engineer for checking and report to the City Council After receiving copies of the final map, the City Engineer shall examine or have examined the map as to sufficiency of affidavits and acknowledgments, correctness of surveying data, mathematical data and computations and such other matters as require checking to insure compliance with the provisions of the "Subdivision Map Act" and of this Ordinance. One (1) copy shall be returned to the subdivider after showing thereon corrections, if any, or a statement by the City Engineer that the map is correct When themap 3s found to be correct, the final map tracing shall be certified by the City Engineer and transmitted to the City Council for their certification The City Engineer shall certify to the City Council that the Record Map substantially complies with the tentative map as amended by the City Council and upon approval of the map by the City Council, the City Clerk shall certify the map on behalf of the City Council Ordinance No 77 (e) After final map has been recorded in the County Recorder's Office, one (1) duplicate tracing, one (1) cloth print and one (1) paper print of such map shall be furnished to the City Engineer. ARTICLE VI RECORD OF SURVEY SECTION 6-01• IMPROVEMENTS REQUIRED The same improvements required by this Ordinance for a subdivision shall be required in the case of a "Record of Survey" except in those instances where certain improvements are found to be unnecessary by the Planning Commission for the public welfare, safety and health Exceptions: As determined by the City Engineer. 1 Improvements may not be required where any parcels contain two and a half (2-) acres or more, and are in a R-1 zone 2 Improvements may not be required where the division of any lot or parcel of land is made for the purpose of conveying a portion thereof to an adjoining parcel of land, so as to increase the adjoining parcel of land, and where the portion so conveyed is to become a part of the building site of the parcel to which it is to be attached, and is not to create a separate independent building site SECTION 6-02: FILING OF MAP. Yihen an owner or subdivider desires to divide one (1) or more lots so as to create not more than four (4) new lots and does not wish to record a subdivision map as provided by this Ordinance, it shall be done in conformance with the provisions of the Subdivision Map Act, Chapter 15, Article 5, Sections 8763 and 8764 and in the following manner and under the following conditions: (a) An original or duplicate tracing and three (3) prints of a map showing the proposed lot division prepared by a licensed surveyor or registered civil engineer shall be filed with the Secretary of the Planning Commission, together with a five ($5.00) dollar filing fee; said maps shall be legibly drawn to scale and shall be on sheets measuring 18 x 26 inches (b) Record of survey of any lot split is necessary and must be filed with the County of Orange. (c) Said map shall contain or be accompanied by a written statement setting forth not less than the following data: (1) Sufficient legal description and dimensions of the land to define the boundary thereof (2) Name, address, and telephone number of person or persons filing map. (3) Location of property in relation to exist- ing streets (4) The layout of the parcels proposed and the dimensions of each Ordinance No. 77 (5) The location of each existing building or structure above ground in relation to the parcel lines being created. (6) The location of existing wells, cesspools, and under- ground structures (7) The source of domestic water supply and the name of supplier (8) Type of street improvements and utilities proposed Bond and permit are required for any such proposed improvements which will be accepted by the City for public use (9) Method of sewage disposal proposed (10) Pronosed method of flood control and storm drainage disposal (11) Proposed use of parcels (12) Any existing or proposed easements. (13) Certification of ownership of property involved SECTION 6-03. APPROVAL OF MAPS: (a) Each map filed shall be certified the City Engineer and the Secretary of the Planning Commission as to its engineering correctness and its compliance with the following conditions. (1) That all lot sizes shall conform with the provisions of the Zoning Ordinance or by other official plans adopted pursuant to law and all lots shall comply with the standards set forth in this Ordinance and the Zoning Ordinance or by other official plans adopted pursuant to law governing lot design (2) That curbs, gutters, sidewalks and paving will be installed along all street frontage of the prop- erty being divided (3) Separate and adequate distribution lines for domestic water supply will be constructed to each lot, with- out crossing another lot That separate and individual sanitary sewer facil- ities and connection shall be made to each lot created, without crossing another lot That no lot contained in such proposed subdivision shall conflict with any street, highway, park, play- ground, public building or other type of public project indicated on a Master Plan or Precise Plan That no lot in such proposed subdivision may be subject to flood or inundation. That no division will be permitted that will block the development of adjacent property Ordinance No 77 25 (b) Then all of the conditions required above have been complied with or suitable guarantees made therefor, the City Engineer and Secretary of the Planning Commission shall certify such maps as to their com- pliance and the original linen tracing or duplicate linen tracing shall be kept in the file of the City Engineer, one print thereof to be kept in the files of the Planning Commission and one copy forwarded to the Building Department and one print to the person filing the maps with a certification of approval thereon SECTION 6-04: APPEAL OR NON-COMPLIANCE. If the map does not comply with all the requirements as specified in Sections 6-02 and 6-03 of this Article or if the owner of the property wishes to appeal the decision of the staff or does not wish to comply with the require- ments for improvement as herein set forth, or other questions pertinent thereto arise, the map shall be forwarded to the City of Cypress Planning Commission with a report setting forth the reasons for such action. SECTION 6-05. ACTION OF PLANNING COMMISSION: Upon receipt of any such map, the Planning Commission shall review the matter at its first regular meeting held not less than ten (10) days following the receipt of an appeal or referral by the staff Notofication by mail of the time and place of consideration of such matters shall be made to the property owner not less than five (5) days prior to the meet- ing at which the matter is to be reviewed The decision of the Planning Commission approving, disapproving or conditionally approving shall be final unless appealed to the City Council within fifteen (15) days of notification by mail of the action by the Planning Commission, provided, however, that any action that would create lots substandard in area, lot width or lots having access over private easements shall be prohibited unless such matters are filed and processed as a variance Upon compliance with the decision of the Planning Commission by the property owner, the City Engineer and the Secretary of the Plan- nirg Commission shall certify the maps in accordance therewith and distribution of said maps made as set forth in Section 6-03 (b) of this Article. SECTION 6-06: APPEAL: An appeal by the property owner from the action of the Planning Commission may be made by filing in writing with the City Clerk a statement setting forth the grounds for such appeal within fifteen (15) days of the mailing of notice of the de- cision of the Flanning Commission to the property owner. The City Council shall hear such appeal within thirty (30) days of its being filed with the City Clerk Notification by mail of the time and place of consideration of the appeal shall be made to the property owner not less than five (5) days prior to the meeting at which the appeal is to be reviewed. The decision of the City Council shall be final and upon com- pliance with the decision of the City Council by the property owner, the City Engineer and Secretary of the Planning Commission shall certify the maps in accordance therewith and distribution of said maps made as set forth in Section 6-03(b) of this article Ordinance No 77 SECTION 6-07: DEDICATIONS Any maps requiring the dedication in whole or in part of any street, alley, public way or easement, and the recommendation of the Planning Commission thereof shall be forwarded to the City Council for final determination and acceptance thereof made in the manner prescribed by law The action of the City Council shall be final and upon compliance by the property owner with the decision of the City Council, the City Engineer and Secretary of the Planning Commission shall certify the maps in accordance therewith and distribution of said maps made in the manner set forth in Section 6-03 of this Article. ARTICLE V I I LIMITATION ON PROPERTY USE SECTION 7-01: LIMITATION ON PROPERTY USE No building permit, certificate of use and occupancy or other official evidence of authority for use of premises shall be issued for any lot or parcel of land unless such lot or parcel of land is recorded in the office of the County Recorder of Orange County as part of a subdivision or when such lot or parcel of land whether recorded or not has resulted from a division of a lot or lots in the manner prescribed by this Ordinance or lots for which a contract of sale is in full force and effect prior to the effective date of this Ordinance, provided this prohibition shall not apply to any land dedicated for cemetery pur- poses under the Health and Safety Code of the State of California. ARTICLE VIII PENALTIES - REPEAL - ADOPTION SECTION 8-01: PENALTY FOR VIOLLTION Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred 4 500 00) dollars or by imprisonment in the County Jail for a period of not more than ninety (90) days, or both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this Ordinance, including any physical condition created in violation of any provision of this Ordinance is permitted, continued or committed by such person, firm or corporation and shall be punishable therefor as provided for in this Ordinance, and any lot, street, alley or other feature made the subject of this Ordin- ance maintained contrary to the provisions hereof shall constitute a public nuisance. SECTION 8-02• CONSTITUTIONAALITY OF ORDINANCE If any section, subsecticn, sentence, clause, or phrase of this Ordinance 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 the Ordinance The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases thereof be declared invalid or unconstitutional SEC1'IONQ: URGENCY The City Council of the City of Cypress declares that this Ordinance is an urgency Ordinance as a result of the impending subdivision of a substantial area within the City of Cypress and it is urgent that a subdivision Ordinance be in effect prior to the subdivision of such area Ordinance No. 77 27 SECTION 8-01: EFFECTIVE DATE The City Clerk of the City of Cypress shall certify to the passage of this Ordinance and cause the same to be posted as required by law in the City of Cypress This Ordinance shall take effect immediately upon passage. PASSED AND ADOPTED by the City Council of the City of Cypress at its regular meeting held on the 10th day of October, 1960 ;).g; THOMAS A BAROLDI, MAYOR ATTEST: FED D BARBER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF CYPRESS ) I, Fred D Barber, City Clerk of the City Council of the City of Cypress, California, do hereb, certify, that, at a regular meeting of the City Council held on the 10th day of October, 1960, the foregoing Ordinance No. 7'1, was then con- sidered and passed and adopted as a whole by the following roll call vote. AYES: 5 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, and Baroldi NOES. 0 COUNCILMEN. None ABSENT: 0 COUNCILMEN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Cypress, California, this 13th day of October, 1960. Ordinance No 77 FRED D. BARBER, CITY CLERK