Loading...
HomeMy WebLinkAbout1956-05-01; City Council; 9050; Land division regs, maps & violation penalties2 3 4 Mi ORDIN&KE PXOVIDING €BGULATIOIG3 FOR TEIE DIVISION OF L&YD IN TEE CITY OF CARLSB.A.D, CALIFORNIA .AND FOR TKE: PMPARATIOIT AND Pl3ESZIVTATIOM OF WQS TEmOF, AND P€XESCRIBING 3ENUTIES FOR ITS VIOLATION, 5 The City Council of the City@of Carlsbad does hereby 6 ordain as follows: 7 SECTION I. PUIIPOSES. The purpose of this ordinance 8 is to promote public health, safety and general welfare; orderly 9 growth and. development of the City; proper use of land; conservation, 10 stabilization and protection of the use value of property; adequate 11 provisions for necessary utilities and convenience. 12 SECTION 2, BEPEAL OF ORDII'ANCES 9025. 9025-A AND 9026 13 Ordinances 9025, 9025-A and 9026 of the City of Carlsbad and also 14 provisions of all other ordinances heretofore enacted, that are 3.5 inconsistent herewith, are hereby repealed, provided that all 3.6 subdivision records and proceedings nade or filed under said 3.7 ordinances 9025, 9O25-A, and 9026 shall remain in full force and 18 effect. 19 ARTICLE I 20 AUTIiOXI TY 21 SECTION 100: AUTBORITY. Pursuant to the "Subdivision 22 Map Act" of the State of California, as it now exists or may 23 hereafter be amended the provisions of this Ordinance are 24 supplemental to those of said Act, and shall apply to all sub- 25 divisions of land hereafter made when said land is entirely, or 26 partially within the limits of the City of Carlsbad. 27 Planning Commission is hereby designated as the "advisory agency'* 28 referred to in said Act, and is charged with the duty of making 29 investigations and reports on the design and improvement of 30 proposed subdivisions; and is hereby authorized to approve, 32 prepared and filed according to this ordinance and the said The Carlsbad . 31 conditionally approve or disapprove tentative riaps of subdivisions 1. I'Subdivision Map Act1!, to recommend the kinds, nature and extent 2of the improvements required to be installed in subdivisions, and On tentative maps* ort to the City Council the action ta 4 SECTION 101: DEFINITIONS. e are to be construed as such terms are defined for use & Conservation Act of the State of California. 7 BRTICLF: I1 GZNERAZ CONTROLS 9 CE TO PLANS. A subdivision plan 10shall conform at all times to any existing precise plan of streets. 3.1111 the absence 3.2 shall be substantial conformance to the master plan. 13of a master plan, the street systera in a proposed subdivision shall 14relate to the existing streets in the area adj 15A12 existing st f a precise plan of streets and highways, there In the absence ning the subdivision* eways, limited-access and unlimited-access 25 that will be acceptable. 26 (b) Major thoroughfares shall have a right-of-way 27 width of not les than eighty-four feet and shall. be designated 28 as such on the p cise plan or master Plan of streets and highways. 29 Secondary thoroughfares shall have a right-of- 30 way width of not less than sixty-six feet and shall be designated 31 as such on the precise plan or master plan of streets and highways. (d) Local collector streets shall be not less than -2- 4 ... *:- .. <. .. f sixty feet wide. 2 (e) Minor and cul-de-sac streets of less than five- 3 hundred feet in length shall have a right-of-way width of not less 4 than .fifty feet, except where special topographic cond.itions might 5 justify a Lesser width OT greater length. 6 minus of the cul-de-sac shall be not less than fifty feet. The designation of cul-de-sac and minor streets shall be subject to 8 individual determination by the City. Stub streets or rights-of- The rad.ius at the ter- way may be required to the edge of the subdivision, 10 (f ) Special local. streets where railroads, parhlays, grade separations, freeways and hills, or other dominant factors are involved shall be subject to individual determination by the l2 13 City. 14 (g) Along freeways or limited access highways and 15 along major highways, a service roadway separated from tne main l.6 traffic roadway by an appropriate separation strip may be re- l7 quired, which service roadway will provide for access to abutting 18 lands and to other public streets. Along major highways an alley l9 or alleys may be required in lieu of such service road or roads as 2Q a facility for serving lands marginal to such major highways. 21 22 line radius of not less than five-hundred feet. 23 be used if topographic evidence indicates above requirements are 24 not practicable. 25 (i) Curves on other streets shall have a center 26 27 28 not practicable. 29 (j) Where two streets intercept or intersect the 3* 31 32 (h) Curved secondary streets shall have a center Lesser radii may line radius of not less than two-hundred feet. Lesser radii may be used if topographic evidence indicates above requirements are corners shall be cut either on a twenty-foot radius to which the lot boundaries are tangent, or on a straight line connecting points on both lines twenty feet distant from the corner of the lot at the -3- k intersection of the street, 2 (k) Street intersections shall be as near right 3 angles as practicable, 4 forty-five degrees, 5 (I) Streets which are a continuation of streets in 6 contiguous territory shall be so aligned as to assure that their 7 center lines shall coincide, In cases where straight continua- 8 tions are not physically possible, such center line shall be 9 continued by curves, in accordance with Subsections (h) and (i) In no case shall the angle be less than 10 of this section. 13. (m) In areas where no precise plans exist, the 12 layout of all rovements including, but not limited to roadways, 13 curbs, parkway dividing strips, sidewalks, sewer lines and l4 water mains within the right-of-way of all highways, streets, alleys and utility easements shall be in accordance with standards l6 established by the City Council and where no such standards have l7 been adopted the arrangements shall be subject to approval by the (n) Consideration sha.11 be given to assuring proper 19 20 development of abutting properties in the development of the street 21 plan, 22 SZCTiON 202: GENEUL l?l3QUTBElBNTS, 11 streets, side- 23 walks, curbs, gutters, pavements, sanitary sewer 1 24 culverts, street name signs, fire hydrants, street 25 drainage structures shall be installed at the cost of the subdivider, 26 and shall conform to grades and specificatio 2'1 of Carlsbad. 28 . Where a sewer line is 29 constructed or 1 ithin a street or road, the subdivider, or 30 a subcon 1 install sewer lines of 31 a type to the property line of eac ot within the subdivided area, A11 sanitary sewer approved by the City 1 lines, appurtenances and service connections shall be constructed 2 or laid prior to paving. 3 SECTION 204: WATER SUPPLY, 811 subdivisions shall be 4 connected with a domestic water system approved by the City of 5 Carlsbad and all water mains shall be of a material subject to the 6 requirements of the water company or agency serving the subdivision. Fire hydrant connections, including valves shall be installled to the rear or back of the curb, by the Director of Public Works. 10 SECTION 205: ALLEYS, 11 (a> l.' rear of all lots classified for and to be used for comercia1 or 13 multiple family purposes but not including two-family use, '* elsewhere shall be optional with the City but, if offered, they l5 shall be not less than twenty feet wide and shall be subject to Plans shall be subject to approval Alleys twenty feet wide shall be provided at the Alleys approval by the City, both as to width and location. plan indicates alleys which are not required by the general rule, then the alleys thus shown shall be required. If a precise 19 (b) Alleys at the rear of business, industrial or 20 unlimited multiple residential property shall be subject to 21 individual determination by the City as to design, location and 22 possible increased width, 23 24 property fronting directly upon any major or secondary highway. 25 (d) Where two alleys intercept or intersect, the 26 corners shall be cut either on a ten-foot radius to which the lot 2'7 boundaries are tangent, or on a straight line connecting points 28 on both lot lines ten feet distant from the corner of the lot at 29 the intersection 02 the alleys, 30 SECTION 206: UTILITY ELASEIGNTS. 31 (a) Xhere alleys are not required, utility easements 32 twelve feet in width shall be provided generally through the (e) Alleys shall be required at the rear of all -5- 1 interior of the block and in approximately the location that 2 would be occupied by an alley. If an easement parallels and 3 is adjacent to the boundary of a subdivision the utility ease- 4 ment shall be eight feet in width. 6 (b) Overhead utilities should be located, where 6 possible, through the interior of the block allong either alleys 7 or easements, as the case may be. 8 (c) Utility easements shall be located where 9 possible through the interior of the block, but may be required 10 along side lot lines where necessary to provide for street lighting. 11 SECTION 207: LOTS, 12 (a) Lot areas shall be such as will conform to the l3 standards of developrnent as defined by the zoning ordinance or by l4 other precise plans adopted pursuant to law provided no lot shall l5 contain less than a six-thousand square foot area. 16 '' be cause for disapproval of subdivision. (b) Lots having no frontage on a public street shall 18 (c) The width of lots shall be such as will conform to standards of development as defined by the zoning ordinance or 2Q other precise plans adopted pursuant to law, provided the minimum 21 width of interior lots at the rear line of the required front yard 22 set back shall be sixty feet; on corner lots a minimum width of 23 seventy feet; provided further, that odd-shaped lots shall be sub- 24 ject to individual determination by the City. 25 may be required where deemed necessary by the City. 26 27 School District boundary line, Greater lot widths (d) No lot shall be divided by a County, City or 28 (e) The side lines of lots shall be approxinately at 29 right angles to the street line on straight streets or to the tan- 30 gent on curved streets, 3P (f) Double frontage lots having legal ingress and 32 egress rights on parallel or approximately parallel streets should 1 be avoided. 2 they are intended to be sold. 3 SECTION 208: BLOCK, 4 (a) Blocks less than three-hundred-thirty feet in 5 length, or more than nine-hundred-ninety feet in length, may be 6 cause for disapproval, but in no case shall a block be longer than 7 thirteen-hundred-twenty feet . 8 A11 lots shall be suitable for the purpose for which (b) In long blocks pedestrian ways at least ten feet wide may be required through the block. 10 (e) Long blocks are desirable adjacent to main thoroughfares in order to reduce the nmber of intersections. 12 SECTI0P.J 209: EXCEPTIONS. 13 14 herein defined may be authorized if exceptional or special circwa- 15 stances apply to the property. Such special circumstances rnay in- 16 clude limited size, unusual shape, extreme topography, dominating 1'7 drainage problems, or the impracticability of employing a 18 comprehensive plan or layout by reason of prior existing recorded 3-9 subdivision of contiguous properties. 20 ARTICLE I11 (a> Conditional exceptions to the regulations 21 TERTATIVE W 22 SECTION 300: PROCEDUZ, 23 (a) Each proposed subdivision shall be submitted 24 in map form. 25 with the Secretary of the City Planning Commission. The tentative 26 map shall be prepared in accordance with the *#Subdivision Map Actt' 27 and the provisions of this ordinance. Such filing shall be made 28 prior to the completion of final surveys of streets and lots and 29 before grading or construction work within the proposed subdivision 30 that might be affected by changes in tne tentative map. 31 to the Planning Commission of all necessary information to consider 32 a tentative map the Commission shall act only upon such tentative Not less than ten copies of such map shall be filed To assure -7- 3 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 maps, together with required statements or other evidence as shall have been filed with the Commission for at least ten days prior to the date of the Planning Commission meeting at which such matter is to be considered. (b) Prior to filing of a shall notify city within 10 days prior as to enable the city to send a notice owners as shown on the last available assesslnent roll, notifying tentahive map a subdivider to the filing of map, so to abutting property such owners of subdividers intent to subdivide. If the abutting property has been previously subdivided into small urban lots, the subdivider need not give the said notice to the city, and the city need not to give notice to abutting property owners. (e> It is desirable that the subdivider should confer with the staff of the City Planning Commission and the City Engineer before preparing the tent at ive nap and filing it with the City, SECTION 301: SIZE OF KL. The size of such tentative map is optional; the scale shall not be less than two-hundred feet to the inch. SECTION 102: IKPOISQiTION ON IJUP. Each such map shall contain the following infornation: (a> Name and address of the owner whose pro2erty is proposed to be subdivided and t nme and address of the sub- divider. (b) Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the map. cc) North Point. (d) Scale. (e) Date of preparation. (f) The location, width and proposed names of all streets within the boundaries of proposed subdivision and approxi- -8- h mate grades thereof 2 (g> Location and width of alleys. 3 (h) Name, location and width of adjacent streets, 4 (i) Lot lines and approximate dimensions and numbers of each lot, 6 (5) Approximate location and width of water courses ' or areas subject to inundation from floods, and location of ' structures, irrigation ditches and other permanent physical 9 features, 10 (k) Approximate contours at two-foot intervals. 11 (1) Approximate location of buildings and permanent 12 structures, 13 (m> Location of trees within proposed rights-of- 14 way to be dedicated, 15 (n) Legal description of the exterior boundaries 16 of the subdivision, 17 (0) Width and location of a11 existing or proposed 18 public or private easements, 19 (p) Classification of lots as to intended resi- dential, commercial, industrial or other uses. 21 (4) Railroads . 22 (r) Approximate radii of curves. 23 (s) Proposed name of the subdivision. 24 SECTION 301 t SUPPZ.@ZNTAL INFON4ATIQN c 25 The tentative map shall show thereon, or be accompanied 26 by ten copies of reports and written statements from the subdivider 27 giving essential information regarding the following matters: 28 (a> Source of water supply, 29 (b) Type of street improvement and utilities which 30 the subdivider proposes to install, 31 (c) Proposed method of sewage disposal. 32 (d) Proposed storm yater sever or other means of 1 drainage (grade and size), 2 (e) Protective covenants to be recorded, 3 (f ) Proposed tree planting 4 (9) Proposed grading plan when required, 5 SECTION 304: FEE - TENTATIVE MAp. 6 7 8 9 d non-refundable fee shall be paid to the City Clerk in the following amounts to cover costs of checking each tentative map upon the filing of such map, (a) The fee for the filing of said tentative map shall 10 be fixed by resolution of the City Council, said fee shall be 11 subject to change at the discretion of the City Council by adopting 12 13 SECTION 305: DISTRIBUTION OF MAPS. 14 (a) When such required copies of a tentative map 15 16 1'7 18 Planning Commission: 19 (1) City Engineer, 20 (2) Affected water company, or water agency, 21 (3) Division of Highways, State Department of 22 Public Works, (Where affected) 23 (4) City Health Officer. 24 (5) County Planning Commission, (Where affected) a new resolution at any such time as the Council may determine, are filed, the Secretary of the Planning Commission shall immediately after filing forward one copy to each of the following with the request that, each report its recommendations, if any, to the 25 (6) Adjacent Cities, (Where affected) 26 (7) Director of Public Works, 27 (8 ) Fire Department e 28 (b) Prior to the consideration by the Planning 29 30 31 32 Commission of a tentative map and within the ten days following its filing, those receiving copies of the map shall make a report in writing to the Planning Commission as to any recommendations in connection with the tentative map and its bearing on particular - 10 - I functions, 2 3 (c) The Planning Commission shall consider a 4 5 6 Failure of any notified agency listed above to so report may be deemed approval by such agencies or departments, tentative map at its first regular meeting held not less than ten 'days following the filing of said map. tentative map in approving, conditionally approving or disapprov- ing, shall be taken not later than thirty days following the meeting at which it was first considered, unless otherwise agreed upon by the subdivider, Action on such Within not to exceed ten days following lo the action by the Planning Commission upon any tentative map, the secretary of the Commission shall transmit a copy of the record l2 pertaining to such action to the subdivider and the City Council, l3 A copy of such official action on a tentative map shall also be -. permanently Affixed to the official file copy of such map in the 15 records of the Planning Commission, 14 16 SECTION 706: COUNCIL ACTIQN &ID REPORT. 17 The City Council shall, by resolution, report its 18 action thereon either conditionally approving, approving or 19 denying the map to the subdivider and the City Planning Comission 20 not later than ten days following the first meeting of the City 21 Council subsequent to the date on which the report of the City 22 Planning Comission was received. B copy of such resolution 23 24 25 ABTICLE: IV shall, be placed in the usual course of mail, addressed to the subdivider at his address shown on the tentative map. 26 FINAL NAP 27 SECTIQN 400: PROCEDUW 28 29 approving or conditionally approving the tentative map, the 30 subdivider may, within one year fron the date of said approval, 31 proceed to prepare and file a final map as herein provided. If After receipt of the resolution of the City Council 32 such final map is not recorded within one year from the date of 31 the approval of the tentative ma 2 abandoned. 3 one extension for a period of not more than one year on such map. 4 SECTION 401: SIZE: AND CONTEHT OF &LW. 5 (a) The final map shall be clearly and legibly 6 delineated upon tracing cloth of good quality. The City Council may, however, grant not more than 811 lines, letters, figures, certificates, acknowledgments, and signatures shall be made in black waterproof india ink, except that affidavits, Certificates and aclmowledgments may be legibly stamped or printed upon the map with black opaque ink. 11 12 (c) A marginal line shall be drawn completely around (b) The size of each sheet shall be 18 x 26 inches. each sheet, leaving an entirely blank margin of one inch. 14 (d) The scale of the map shall be large enough to 15 show all details clearly, and enough sheets shall be used to 3-6 accomplish this end. 17 (e) Each sheet shall be numbered, the relation of 18 one sheet to another clearly shown, and the number of sheets used l9 shall be set forth on each sheet. 20 (f) 21 shall be shown on each sheet of the final map. 22 SECTION 402: WQUIIIED ZMFORMATION The tract number or name, scale and north point 23 24 The following information shall be required - (1) On the maps: (a) If more than three sheets are used, an 25 26 index showing entire subdivision with lots numbered consecutively 27 shall be incltuded. 28 (b) Title, number of tract, date, north point 29 and scale. 30 description of land included. 31 (d) Location and names, without abbreviations, 32 of all - -12- 2. I. 5 (I) Proposed streets and alleys, (2) (3) Adjoining streets. Proposed public areas and easements. (e) (f) Dimensions of all lots. Dimensions in feet and decimals of a foot. 6 (9) Each lot shall be numbered, each block may entirely on one be lettered or numbered. Each lot shall be sho 8 sheet. 9 (h) Center line data on streets, alleys and lo easements, including bearings and distances. 31 (i) If any portion of the land within the boundaries flood hazard storm waters, such fact and an identification of the affected portion shall be prominent note on each sheet of such map whereon any such portion on any final map is subject to inundation or clearly shown on such map by a l4 shall be showns 17 (2) dddit al information to be furnished: (a) The subdivider shall nish the Planning certification fron a license ngineer as to rty when improved will be subject to flood waters if the depth of' the ground water is less than ten und surface. If' ei er or both of these conditions 23 is found to exist the Planning Co 24 Real Estate Commissioner, 25 (b) In the event that a dedication of right- 26 of-way for storm drainage purposes is not required, the Planning 27 Commission may require that the location of any water-course, 28 channel, stream or creek be shown on the final map. 29 (c) Any final map of a subdivision presented 30 to the City Council for acceptance of easements and recordation 31 shall be accompanied by an additional copy of which is delineated 32 all existing and proposed structur a11 so inform the State other than dwellings, and -3.3- ... . 3 2 3 4 SECTION 4-03: RECORD OF USEmTTS, 5 The final map shall show the center line data, €5 width and side lines of all easements to which the lots are 7 subject. If the easement is not definitely located on record, a 8 statement as to the easement shall appear on the title sheet, 9 utilities within the subdivision, except publicly-owned storm drains, sewers, and other sanitary facilities, whether such structures are on recorded easement or not, (a) (b) Easements for storm drains, sewers and other lo purposes shall be denoted by broken lines. 11 (e> The easement shall be clearly labeled and identified and if already of record proper reference to the l3 records given, 14 (d) 15 in the certificate of dedication. 16 (e) At the time the subdivider presents the final Easements being dedicated shall be so indicated 1'7 map to the Planning Commission there shall be presented certifi- 18 cates executed respectively by the various public utility companies L9 authorized to serve in the area of the subdivision certifying 2o that satisfactory provisions have been made with each of said 2L public utility companies as to location of their facilities; and 22 that easements, where required by such companies, have been 23 provided for in the final map, Easements for public utility 24 companies shall be designated on the final map as "Easements for 25 Public Utilities'#. 26 SETION 404: SURVEY DATA. 27 28 streets; length, tangents, radii and central angles or radial 29 bearings of all curves, the total width of each street, the width 30 of the portion being dedicated and the width of existing dedica- 31 tion and the width of each side of the center line; also the width 32 of rights-of-way of railroads, flood con-trol or drainage channels (a> The final map shall show the center lines of all 1 and any other easements existing or being dedicated by the map, 2 (b) Surveys in connection with the preparation of 3 subdivision maps a in this ordinance provided shall be made in 4 accordance with standard practices and principles for land survey- 5 ing, 6 and blocks shall c3.ose. 7 Traverse sheets 8 closure of t erior boundarie A traverse of the boundaries of the subdivisions and all lots and lot shall be provided, 10 11 d thereon the 3.2 following: 13 (a) dius, tangent, arc and central angle of 14 curves. 15 (b) Suitable primary survey control points. 16 (1) Section C 17 (2) blonwnent s ing outside of subdivision), 18 (c) Location of manent monuments Tdithin 19 subdivision, 20 (d) Ties to any City or County boundary lines 21 involved, 22 (e) Ties to and identification of adjacent sub- 23 divisions. 24 (f) Required c 25 26 (a) Sufficient data shall be shown to deternine 2'7 readily the earing and length of each line. 28 (b) Dimensions of lots shall be the net dimensions. 29 (c) No ditto marks shall be 30 (d) Lots containing one ac 31 net acreage to nearest hundzedth. 32 -15- ' '> ., J 1 SECTION 407: LOT NUMBZRS. 2 (a) The lots shall be numbered consecutively, 3 commencing with the number 1, with no omissions or duplications; 4 in the case of successive subdivisions of the sme basic name, 5 the numbering may be successively extended from the previous 6 subdivision bearing the same general name, 7 8 (c) Blocks may be used, but not preferred. They shall be consecutively nurnbered in the sme manner as required (b) Each lot shall be shown entirely on one sheet, lo for numbering lots, or they may be lettered in alphabetical sequence beginning with the letter llA1f. (d) Lots within each block shall be numbered as 12 I3 herein provided for subdivision where blocks are not employed, 14 15 (a> Whenever the City Engineer has established 16 the center line of a street or alley such data shall be considered SFCTION 408: ESTABLISHED LINES, 17 in making the surveys and in preparing the final map, and all 18 monuments found shall be indicated and proper references made to l9 field books or maps of public record, relating to the monuments, 2o If the nts were reset by t 21 (b) The final map shall show city boundaries 2o If the nts were reset by t 21 (b) The final map shall show city boundaries 22 crossing or adjoining the subdivision clearly designated and tied 23 in, 24 SECTIQN 409 : EXISTING MO1?UMENTS 25 (a) The final map shall show clearly what stakes, 26 monuments or other evidence was found on the ground which were 27 used as ties to determine the bodaries of the tract, 28 (b) The corners of adjoining subdivisions or portions 29 thereof shall, be identified and ties shown, 30 SECTIOH 410: NEN MONUMENTS. 31 (a) In making the survey for the subdivision, the 32 Surveyor shall sei sufficient permanent monuments so that the & survey or any part thereof may be readily retraced. 2 monuments shall be not less than an iron pipe with a two Such 3 inch outside diameter, not less than two feet in length, centered 4 with a copper disk in a lead plug flush with the surface of the 5 ground, 6 on the exterior boundary lines of the tract at intervals of not more than one-thousand feet. Monuments shall also be placed at intersections of center lines of streets and at begi-ming of curves and end of curves on center lines. Such rnonments may be Such monuments shall generally be placed at angle points lo placed on offset lines and shall. consist of concrete cylinders or blocks, six inches in diameter, not less than two feet in length, l2 set one-foot below the finished pavement surface with a center l3 point marked by a copper disk set firmly in the top of the monu- l4 ment, l5 The character, type and positions of all monuments shall be noted Stakes set at lot corners will not be considered permanent. l6 on the map. 17 (b) For each center line intersection monument set, the engineer or surveyor under whose supervision the survey has been made, shall furnish to the City Engineer a set of notes showing clearly the ties between such monument and a sufficient number (normally four) of durable distinctive reference points 2o 22 or monuents, 23 and tacks in sidewalks, or two inch iron pipes set back of the 24 curb line and below the surface of the ground, or such substitute Such reference points or monuments may be lead 25 thereof as appears to be not more likeLy to be disturbed. 26 Such set of notes shall be of such quality and 27 size as may be necessary to conform to the standardized office 28 records of the City Engineer, All such notes shall be indexed 29 and filed by the City Engineer as a part of the permanent records 30 of the City Engineer's office, 31 (c) Lot corners shall be markedwith a two inch 32 cedar or redwood stake twelve inches long, centered with a copper 32 cedar or redwood stake twelve inches long, centered with a copper -3.7- 1 2 3 4 5 (a) Below the title shall be a sub-title consisting 6 7 8 (b) Reference to tracts and subdivisions shall be g 10 11 (c) Title sheet shall show, in addition, the 12 basis of bearings. 13 (d) Maps filed for purpose of reverting subdivided 14 15 tack, driven at least ten inches into the ground, or by a one-half inch steel rod or pipe twelve inches long, driven at least ten inches into the ground. SECTION 411: -----A TITLE SHEET of a general description of all the property being subdivided, by reference to subdivisions or to sectional surveys. spelled out and worded identically with original records, with complete reference to proper book and page of the record. land to acreage shall be conspicuously marked under the title "The Purpose of the Map is a Reversion to Acreage". 16 SECTION 412: CERTIFICATES 17 Forms for certificates required by the **Subdivision 18 Map Act" and the City may be secured from the City Engineer. 2.9 SECTION 413: FILING FINAL MAP. 20 21 22 (a) For purposes of filing a final map, the sub- divider shall file with the City Engineer an original final map tracing and three dark line prints thereof. 23 SECTION 414 : CERTIFICATE OF TITLE 24 25 26 Each subdivision map shall be accompanied by a guarantee of title, showing the names of all persons, firms, or corporations whose consent is necessary to pass title to 27 28 road, street and other easements shown upon said map, and also by a proper deed granting to the City of Carlsbad all d* $&$=- e4sem enfs #-el 29 as shown. 30 SECTION 415: FEES - FINAL Wd 31 32 Subdivider shall pay to the City Clerk a non-refundable fee upon the filing of the final map in accordance with the - 18 - .* - I. -.. 1 schedule of fe as adopted by resolution of the City Council 2 of the City of arlsbad, Said resolution of schedule of fees 3 4 resolution of 5 City Council a 6 may determine. 7 8 9 into a shall be made available to any subdivider upon request. The hedule of fees shall be subject to change by the such time and in such iX”nts as their discretion Said resolution of schedule of fees shall also provide for the fee payable for a subdivider consolidating properties lot subdivis n, or for a subdivisio for the purpose 10 of rev n to acreage, 11 12 in behalf identifying such receipt as related to sion for which such fee was shall issue a receipt for fees received 14 tendered. 15 16 SECTION 416 17 (a) All streets, highways and parcels of land 18 19 20 (b) Streets or portions of streets may be of 21 22 23 24 25 26 27 28 of the final map when t 29 less and suc 30 31 grading, sur cing, sidewalks9 curbs, gutters, culverts, bridges, 32 storm drains, water mains and service connections to the property shown on the final map and intended for any public use shall be offered for dedication for public use, for future dedication where the immediate opening 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 adjacent areas, The subdivider shall improve, or agree to improve, all land. dedicated for streets, highways, public ways and easements as a condition precedent to acceptance and approval may be required if the areas of abutting lots exceed one acre each, Such improvements shall include such 9-19 - cut-off valves, sanit y sewers and other structures or may be requir ordinance or d ed by the City ecessary for t era1 use of the lot owners in 4 the subdivision and local nei c and drainage needs. 5 (d) All constr ovements shall be subject 6 to inspec 7 for such n by the City Engineer pection prior to the starting of construction of the bdivider shall arrange vements. The actual cost of such spection shall be paid Before commencing any improv ents the sub- 9 by the subdivider, 10 divider shall deposit with the City Clerk a sum equal to two per- 11 cent estimated cost of said improvement. f actual cost of 12 inspecti s less than the mom deposited, the City Clerk shall l3 refund subd der any reinaining funds, If a eposit is insuffi- 14 cient to pay all l5 upon demand of th l6 equal to the deficiency. e actual costs of the ions, the subdivider, ity Clerk, sha If the s the City Clerk an amount r refuses to pay such deficiency upon demand, the City may recover the same by action ourt of competent juris ction, Until uch deficiency is full, the improvement s 11 be considered incomplete, 20 (e> Two prints each of plans, profiles and specifi- 21 cations or proposed improvements shall be furnished to the City 22Engineer prior to the time of submitting the final map to him, and 23 be approved by the City Engineer 24 construction or improvements, or 25vith the City Council, Such pla 26 details of the proposed improve 27 the standards of the City of Carlsbad. 28 (f) If such improvement work be not completed 29 satisfactorily before the final map is approved, the owner or 30 owners of the subdivision shall, before the certification of the 31 final map by the City, enter as contractor into an agreement with 32 the City Counc whereby, in consideration of the acceptance rior to the commencing of any efore the map shall be filed and profiles shall show full s which shall be according to -20- 9 by the City Council of the street and easements offered for 2 dedication, the contractor agrees to complete the work within 3 the time specified in the agreement. 4 5 completed and lien holders paid, a bond shall be furnished 6 guaranteeing faithful performance, and a bond guaranteeing pay- (9) To assure the City that this vork will be Attorney as to amount and adequacy the bond, except in lo where a cash deposit is made, 11 SECTION 417: IMPROVEMXNTS REQUIRED, 12 The minimum improvements which the subdivider will 13 be required to make or enter into an agreement to make in the 14 subdivisi 15 map by the City Council shall be: 16 (a> Adequate distribution lines for domestic 17 water supply to each lot. 18 (b) Sewage collecting system subject to Ordinance No, 7020 and any amendments made thereto, 20 (c) Adequate drainage of the subdivision streets, 21 highway, ways and alleys, 22 (d) Adequate grading and surfacing of streets, 23 highways, ways and alleys. 24 (e) Curbs and gutters, and cross gutters on all. 25 streets; sidewaLks along major and secondary streets; and side- 26 walks on other streets where sidewalks are deemed essential by 27 the city due to special conditions such as schools, topography, 28 or existence of sidewalks in adjoining areas, 29 (f ) Monuments . 30 (g) Fire hydrants at locations designated by 31 the Fire Chief. 32 (h) Street name signs, two to eacn intersection. 6 P .. ; -, P, 7 nently with 8 City Engineer 9 ter receiving co 10 Engineer s 11 affidavits and acknowledgments, correctness of surveying data, mathe- 12 matical data and computations and such other matters as require 13 checking to insure compliance with the provisions of the tfSubdivision 14 Hap Actet and this ordinance, 15 (c> One copy shall be re to the subdivider after 16 showing thereon corrections, if any, or a statement by the City Engi- 17neer that the map is correct. 18the final map tracing shall be certified by the City Engineer and 19 transmitted to the Planning Commission for its certification. 20 21and the City Engineer, a map should be forwarded to the City Council, 22who shall act upon such map. If the City Council approves said map, 23the City Clerk shall approve said map in behalf of the City Council. 24 If the final map as submitted conforms substantially 25in every respect to the recommendations of the Planning Commission 26pertaining to the tentative map, and no new features have been 27added which have not been approved by the Commission, the Chairman 28and Secretary of the Planning Comission may certify the said map 29in behalf of the Commission, 3Qthe Chairman and. Secretary of the Planning Commission may not 3lcertify such ma 32 specifically so amine or have examined the map as to sufficiency of When the map is found to be correct (d) Upon approval of the map by the Planning Comission If the final ap does not so -22- 5 ARTICLE V 6 SPLIT LOTS 7 8 9 When an owner or divider desires to split loone or more lo so as to create not re than four new lots 11and does not wish to record a subdivision map as provided by 12State Law and by other sections of this ordinance, and when no 13 dedication of streets, alleys or other 14are involved, it shall be done in the foblowin 15 16snap showing the proposed split shall be prepared by a registered 17 Civil Engineer, licensed Surveyor, or Title Company and such map blic ways or easements .&I original and three prints of an acceptable ll be filed with the City E 19 b) The map shg. the exact dimensions and 20bearings of ea 21may be required by the City. 22 23required in (b) ab 24sion provided all 25 zoning ordinance o e City of Carlsba rthea: provided 26 that such division confor ch. po or may be 27established by the Planning C 281n addition to the above prov 29 designated by Resolution of the P1 30 paving and other’ improvements shal Zige, the monwents set and (c) If the map complies with all of the items ity Engineer may approve the divi- onform to the provisions of the he City Council. s specifically sion, curbs, alled. along ‘a15 public street frontage of the property. 32 -23- (d) If in the opinion of the City Engineer all 2 conditions set out in subsections (a), (b) and (c) of Section 3 500 are not existing, the City Engineer shall refer said map 4 to the Planning Commission and City Council for final approval, 5 (e) If any of the standards desired by the 6 Applicant are less than those required by the Zoning Ordinance 7 the lot split shall be processed as a variance as established 8 by the Zoning Ordinance. 9 QRTICLZ VI IO PEXffiTIES - ADOPTIQI!? 11 12 13 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 ($5'00.00) Dollars or by imprisonment in the jail provided by the City of Carlsbad for a period of not more than ninety days, or both such fine Any person, firm or corporation violating any of l8 and imprisonment. 19 be deemed guilty of a separate offense for every day during any 20 portion of which any violation of any provision of this ordi- 21 nance including any physical condition created in violation of 22 this ordinance, is permitted, continued or committed by such 23 person, firm or corporation and shall be punishable therefor 24 as provided for in this ord.inance, and any lot, street, alley 25 or other feature made the subject of this ordinance maintained 26 contrary to the provisions hereof shall constitute a public 2' nuisance, 28 SECTION 601: CONSTITUTIONALITY, 29 If any section, sub-section, clause or phrase of 30 this ordinance is, for any reason, helc? to be unconstitutional, 31 such decision shall not affect the validity of the remaining 32 portions of this ordinance. The Council hereby declares that Each such person, firm or corporation shall - 24- 5, 2 it would ha tion, sentence, clause and phrase thereof, irrespective'of the 3 fact that any one or more of the sections, sub-sections, 4 sentences, clauses or phrases might be declared unconstitutional. 5 SECTION 602: PUBLICATIOPJ, 6 '7 ordinance to be published once in the Carlsbad Journal, a news- 8 paper publishe 9 A City Clerk is hereby directed to cause this at a general circulation in the City of Carlsbad. rst read at a regular meeting of the City Council day of April, 1956, and finally read, adopted, lo held on the 3 l1 approved and ordered published on a regular neeting of the City- l2 Council held on the 2+&h day of e, 1956, by the following _- -- - Ld- Ne7 - ilmen Robinson, Melton, Ledgerwood, Mayor Castorena, 15 16 Absent: Councilman Baird, 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 , -25-