Loading...
HomeMy WebLinkAboutORD 085 (1952)ows: ORDINANCE NO. 85 AN ORDINANCEREGULATING THE SUBDIVISION OF LAND WITHIN THE CITY OF TUSTIN, ESTAB- LISHING CERTAIN PROCEDURE THEREFOR, CER- TAIN STANDARDS OF CONSTRUCTIONTO BE USED THEREIN, AND PROVIDING FOR ITS ENFORCE- ~" MENT AND PRESCRIBING PENALTIES FOR ITS , VI OLATI O1 a The City ,Council of the. City ,of Tustin does ordain SECTION I. PURPOSE OF ORDINANCE. ill This Ordinance.is enacted for the purpose of adopting subdivision regulations for the City of Tustin, State of California, and repeals all prdinances or parts thereof in conflict with this Ordinance. 1.2 The repeal of such, ordinances or parts thereof shall not affect any agreement, contract, or bond executed pur- suant to such -ordinances, or any rights of action accrued there- under. 1.3 The Planning Commission of,the City of Tustin, State of California, hereinafter referred to as the Planning Commission, is hereby designated as the Advisory Agency with respect to subdivisions as provided in the Subdivision Map Act. 114 The Planning Commission shall have all the powers and duties with respect to tentative and final maps, and the procedure relating thereto, which are specified by law and by this Ordinance. 1.5 It shall be unlawful for any 'individual, firm, association, syndicate, co -partnership, corporation, trust or any other legal entity, as a principal, agent or otherwise, to sell, offer for sale, or cause or permit to be sold or offered for sale any portion of any subdivision of land in the City of Tustin unless and until all the requirements hereinafter pro- vided have been complied with. 1.6 For the purpose of this Ordinance certain words and phrases are defined in Section II of this Ordinance. SECTION Il. DEFT"NITIONS. 2.1 "Block" shall mean a tract of land within a sub- division entirely bounded by streets, highways or ways, except alleys; or by streets, highways or ways, except alleys, and the exterior bouncries of the subdivision. 2.2 "Design" shall mean alignment, grades and width of streets; location and widths of easements and right-of-way and areas, widths, depths and arrangements of lots. 2.3 "Map Acts" shall be deemed to mean the Subdiv- ision Map Act of the State of California. 2*4 "Maps" 2.41 "Tentative Map" shall mean a map made for the purpose of showing the design of a proposed subdivision and need not be based on an accurate or detailed.final survey of the property. p 2042 "Final Map" shall mean a map prepared in ac- cordance with the provisions of this Ordinance and designed to be `placed on record in the office of the County Recorder of Orange County. n 2,5 "Owner" is the individual., firm, =association, syndicate, co -partnership or corporation having sufficient pro- prietary interest, in the land: sought to be subdivided to com- mence and maintain proceedings to subdivide the same under the Ordinance, and while used herein in the masculine gender and singular number it shall be deemed to mean the feminine and neuter gender and plural number whenever required, 2.6 "Ownerf s Statement" is defined and its re- quirements set forth in this Ordinance. 2.7 "Streets and Highways": 2.71 "Freeway" shall mean a thoroughfare which provides for the movement of traffic in opposite directions on either side of a dividing island and which has no crossing at grades no access from abutting property, and is designed for through traffic and shorn as a freeway on any master Plan of streets and highways approved by the City Council. 2.72, "Parkway" shall mean. a highway beautified by eXtensive planting for the pleasure of those who use it, and shown as a parkway on any Master Plan of streets and highways i approved by the City Council. 2'073 "Planting Strip" shall, mean a strip of land adjacent to a freeway., major highway .or parkway reserved for a planting screen as provided in Section 5,6 hereof.for the pur- pose of providing a protective buffer between the public right- of-way and acljoining property and of controlling access to the public right-of-way* 2,74 "Major Highways" shall mean a thoroughfare not less than eighty feet (80t) in width that forms an important unit in the City., County or State Highway system and.shown as a major highway on any Master Plan of streets and highways approved by the City Couneilo 2.75 "Secondary Highway" shall mean a thoroughfare having a width of not less than.sixty feet (601) of'secondary importance in the City., County or State Highway system and shown as a secondary highway on any Master Plan of Streets and High- ways approved by the City Council. 2.76 "Local Street" shall mean a street of minor importance in the City,, County or State Highway system and in- tended wholly or principally for local traffic, 2-77 "Service Road" shall mean that portion of a major or secondary highway lying outside of the principal road- way thereof, separated therefrom by a dividing island., and pro- viding ingress, -to and egress from abutting property. 1 2.78 "Private Street" shall mean any parcel of land not dedicated as a public street and 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# 2.8 "Subdivider" shall mean any .individual.,.firm., association, syndicate$ co -partnership, corporation, trust or any other legal entity commencing proceedinga under this Ordin- ance to affect a subdivision of land hereunder for himself or for another and while used herein in the.masculine gender and singular number it shall be deemed to mean and include the.fem- inine or neuter gender and the plural number whenever required, 2.9 "Subdivision" shall mean any land or portion thereof shown on the last preceeding tax roll as a unit or as F a contiguous unit which is divided for the purpose of sale, whether immediate or futures by any subdivider. SECTION III. TENTATIVE MAPANDOWNEWS STATEMENT. 3*1 Filing and Department,Approval, 3*11 Five,(5) copies of a tentative map and owner's statement of the proposed subdivision of any land shall be filed with the,Planning Commission at least fifteen (15.) days prior to the.meeting at which,consideration is desired together with a filing fee of fifteen dollars ($15,00). 3,12 The Planning.Commissioii shall transmit copies of such tentative-map.to the City Engineer and other departments ,as it deems advisable. Upon receipt of.a copy of such., I tentative map each department to whom or to which the same has been trans- mitted shall examine the said map to as,certainif same conforms to the requirements coming within the authoritative scope of such department., and within ten (10) days after receipt thereof, each department shall make a written report to the Planning Com mission. If said map does not conform to such requirements or . any of them, such department shall so state in said report noting therein the particulars in which said map -does not conform, 3.2 Form.of Tentative Map, 3,21 Tentative maps shall'be eighteen by twenty-six inches (18"x?611) in size and to a scale of' one inch equals one hundred feet (ill 1001),unless otherwibe approved, 3.22 Every tentative map shall.be.clearly and leg- ibly reproduced and shall contain the following Information: a. The tract name or number., date., north points scale and sufficient description.to define the location and boundries of the proposed tract, be Names of record owners subdividers engineer or surveyor, c. Sufficient elevations or contours to determine the general slope of the,land and the high.and low points thereof, d. The locations, namess, widths and approximate grades of all roads, streets, highways and ways in the proposed subdivision, or to be offered for dedication. e. The location, names and existing width of all .adjoining and contiguous highways, streets and ways. f. The approximate widths,:location and purpose of all existing, or proposed easements. g. Approximate lot layout and approximate dimen- cions of each lot and each to be numbered. h. The outline of any existing buildings to remain in place and their locations elation -to existing or pro- posed streets and lot lines. I. Approximate location of all._trees-standing with- in the boundries of proposed public rights-of-way. J. The area, in acres, of the proposed subdivision. k. Approximate location of allareas subject to in- undation or storm water overflow and the location, width and direction of flow of ail water courses. 30 Owner's Statement,. 3.31 The ownerts statement shall be.prepared on a form to be furnished by the Planning Commission and shall con- tain the following" information, and such.. additional information as may in any case be required by said Commission: a. The tract name and number. b. Name and address of record owner or owners. C. Name and address of the subdivider. d. Name, business address, and number of the reg- istered engineer or licensed surveyor. e. Existing use or uses .of_the property. f. Proposed use of the property. If property is proposed to be used for more than one purpose, the area., lots or lot proposed for each type of use shall be shown on the ten- tative map. .. g. Statement of the improvements and public util- ities proposed to be made or installed anal of the -time at which such improvements are proposed to be completed,' h. Provision for sewerage and sewage disposal. i. Public areas proposed, if any. J, Tree planting proposed-, if any. k. Type and locAt ion of street lighting proposed, if any. 1. Justification and reasons for any exceptions to provisions of this Ordinance. 3032 A copy of any restrictive covenants proposed shall be attached to the owner's statements, 3*4 Action on Tentative Map* 3-41 The Planning Commission shall determine whether the tentative map is inconformity with .the -provisions of law and of this Ordinance and upon that basis within thirty days (30) after the filing of the tentative map,. approve, condition- ally approve or disapprove the same and: ,shall .report such action direct to the subdivider and shall also transmit,to the City Engineer a copy of the tentative mapi'and a, -memorandum setting forth the action of the commission thereon. 3-42 In the ease of every large subdivision, the Planning Commission shall suggest to the subdivider the advis- ability of dedicating suitable areas for the parks$ playgrounds and schools and other public building sites that will be re- quired for the use of the ,population ,which is intended to occupy the subdivision under the plan of proposed property uses therein,, In all cases, the Planning Commission shall suggest to the sub- divider such measures, As will make for excellence of residential, commercial or industrial development* 5*43 Where the proposed subdivision contains four (4) or less number of lots, all of which face upon a dedicated and accepted City Street# the PlanningCommission may . recommend to the City Council that tlxe requirements.and fee for a final map be omitted* The City Council shall approve or, disapprove such recommendation within thirty (30) days after receipt thereof. SECTION IV* FINAL MAP* 4.1 Filing, 4-11 Except as provided im Section 3.43 And within one year after approval or conditional approval of the tentative map, the subdivider shall cause the subdivision,, or any part thereof, to be surveyed and a final map thereof prepared in con- formance with the tentative map as approved or conditionally ap- proved* The tracing and two blue line or black line prints of the final map shall be filed with the Planning Commission to- gether with a checking fee of fifteen dollars ($15,00).,. plus fifty cents (50y) per lot as shown on the final map. An extension of time for filing of the final map may be granted by the City Council upon recommendation by the Planning Commission providing written application is made by the subdivider within one year after action on tentative map. In the case of a reversion to acreage no survey need be made unless deemednecessaryby the City Engineer* 4*12 At the time of the, filing of the final map withthePlanning C-ommission the subdivider shall also file therewith the following: a. In the event any dedication is to be.made for the public use, a preliminary subdivision report, in the name of the owner.of the land., issued toorfor the benefit and pro- tection of'the City of Tustin, showing allpartieswhose con- sent is necessary to pass clear title to the land being sub- divided, together with the nature of.their interests therein., except where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act)* If the land is so registered a certified copy of the certificate of title shall be furnished. be The instrument prohibiting traffic over the side lines of a major or secondary highway$ when and if the same is required under Section 5.13'g - 5.16 hereof* 4.2 Form of Final Map, 4.21 The final subdivision map.shall be clearly and legibly drawn upon tracing cloth of good.quality., All lines, letters, figures, certifications, acknowledgements and signa- tures shall be made in black India ink. Typewriting or rubber stamps shall not be used. The map shall be so made and shall be in such condition when filed that good legible. blue prints and negatives can be.made therefrom. The size of the sheets of, tracing cloth shall be eighteen by twenty-six_.inches (18"x2611)V, leaving a margin of two inches (2") at the left .edge and one Inch (11t) at the other three edges of the sheets. The scale of the final map shall be one inch equals one.hundred feet (111 -loot). 4.22 When the final map consists of more than two sheets, a key mapshowing the relation of the sheets shall be placed on sheet one. Every sheet comprising the map shall bear the scale, north point, legends sheet number and number of :sheets comprising the map. R 1.23 Maps filed for the purpose of reverting sub- divided land for acreage shall be conspicuously so'designed with the title "The Purpose of this Map is a REVERSION TO ACREAGE116 4.24 Wherever the City Engineer has established a system of coordinates then the survey shall be tied into such system. The map shall show clearly what stakes, monuments -or other evidence were found on the ground to determine the boun dries of the tract. The "adjoining corners of all adjoining sub- divisions shall Jbe identified by lot and block numbers, tract name and place of record, or other proper designation. 4.25 Sufficient date must°be shown to determine readily the bearing and length of'every lot line, block line and boundry line. Dimensions 11 of lots must be given as to net dimensions to the boundries of adjoining streets and shall be shown in feet and hundredths of feet, No ditto marks shall be used. Lots containing one acre or more shall show net acreage to nearest hundredths. Bearings and di.stanees_of straight lines, end radii and are lengths for all curves as -may be necessary to determine the location of the centers of curves shall be shown. 4*26' Whenever the City' Engineer'has,established the center line of'a"street or alley, adjacent to or in the proposed subdivision, the` data. shall be shown on -the final map Indicating all monuments found and making reference to a field book or map.. If the pointswere reset by ties, that fact shall be stated. 4.27 The map shall show the location and descrip- tion of all monuments found' in making the survey' of the sub- division. 4,28 In addition., the final map shall be prepared In full compliance with the following requirements: a* The map shall show the line of high water,in case the subdivision is adjacent to a stream and/,pr the areas subject to periodic inundation by flood waters. b. The boundapy of the,tract shall be designated by a red border applied to the reverse side of the tracing and on the face of the blue line prints. Such border shall not in- terfere with the legibility of figures or other dAta, c. Streets and.Other Rights -of -Way. The maps shall show the center and side lines of all streets, the total width of all streets., the width of the portion being dedicated and the width.of existing dedica- tions, and the widths each side of the center lines also,the: width of railroad rights, -of -way appearing on the map. d. The map shall show the sidelines of allease- ments to which the lots are subject, -The easements must be clearly labeled and -identified and if already of record., . its recorded reference given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drain., sewers and other purposes shall be indicated by dotted lines of the same width as the lines denoting street boundries. The width of the ease- ment and the lengths and bearings of the.lines,thereof andsuf- ficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the maps; it shall be properly set out in the owner's certificate of dedication.. e. City boundry lines crossing or abutting the subdivision shall be clearly designated and referenced. f. Lot numbers shall begin with the number "ll' and shall continue consecutively through the tracts with no omissions or duplicationso and no block designation,shall be used. g. The map shall also show all other data that is or may be required by law, h. The final map shall particularly define, de - j lineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any pur- pose, public or private and any private streets permitted under the provisions of Section IV of this Ordinance,. with all dimen- sions, boundries and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter,'and private streets offered, but not ac- ceptedyshall be designated for dedication shall have inserted the words "Not a Public Street". G 4.3 Certificate and Acknowledgements. 4.31 The following certificates and acknowledge- ments and all others now or hereafter required by law shall ap- pear on the final map; such certificates maybe combined where appropriate. a. A certificate signed and_ acknowledged by all parties having any record title interest in the. land subdivided, c7ansenting to the preparation and recordation of said map, pro- vided, however, that the signatures.of parties owning the fol- lowing types of interests may be omitted if their names and the nature of their interests are indorsed on the map. 1, Rights-of-way, easements or other interests, none of which can ripen into - a fee. 2. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and.which signature it is impossible or impractical to obtain, In this case a reasonable statement of the circumstances preventing the procurement<of the signatures shall be indorsed on the map. 3. Any map including territory originally pat- ented by the United: Statesor the State of California, under patent reserving interest to either or both of these entities, may be recorded under the provision of this Ordinance without the consent of the United States or the State of California thereto or to dedications mde thereon. b, Dedication certificate. A certificate signed and acknowledged as above offering for dedication all parcels of land shown on any final map and intended for any public use., except those parcels, other than streets, which are intended for the exclusive use of the lot owners in the subdivision, their licensees,.visitors, tenants and servants. c. Engineer's Certificate. A certificate by the Civil Engineer or Licensed Surveyor responsible.for the survey and final map. The signature of such Civil Engineer or Surveyor unless accompanied by his -seal must be attested. Engineer. Commission. Recorder. d. A certificate for execution by the City e. A certificate for execution>by the Planning f. A certificate for execution by the County g. A letter from the City and County Auditors certifying that according to the records of his office there are no liens against the subdivision or any part thereof for unpaid taxes, State, County..Municipal or local or special ass- essments collected as taxes or special assessments not yet pay- able, and as to the latter the subdivider shall submit a state- ment by each proper officer giving his estimate of the amount of taxes and assessments which are a lien, but which are not yet payable, h. A 'Certificate of the Clerk of the 'Board of Supervisors as to tax bond must accompany final maps. Clerk, i. A certificate by execution by the City 4.4 Action on Final Map. 4.41 Approval by City Engineer. Upon receipt of the final map and other data submitted therewith, the City En- gineer shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof that all provisions of this chapter and of any local ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the 'map is technically correct. If the City Engineer shall determine that full conformity there- with has not been made, he shall advise the subdivider of the changes or additions that must be made for such purposes and shall afford the subdivider an opportunity to make such changes or additions. If the City Engineer shall determine that full formity therewith has been made he shall so certify on said map and shall transmit said map to the Planning Commission. 4-42 Approval of Planning Commission. Upon re- ceipt of the final map the Planning Commission shall examine the same to determine whether said map conforms with the tenta- tive map and with all changes permitted and all requirements im- posed as a condition to its acceptance and if the Planning Com- mission shall thereupon determine that said map is in conformity therewith and determines to recommend said map, it.shall certify its approval thereon, and shall transmit said map to the City Clerk, together with any documents which may have been filed therewith for presentation to the City Council. -If the Planning Commission shall determine not to recommend said map it shall advise the subdivider of the changes or additions that must be made for such purpose and shall accord him an opportunity to make same. 4.43 In the event a subdivision is partly in the City and partly in the County, the Couaty.Surveyor and the City Engineer shall enter into an agreement by and with the consent of'their respective governing_ bodies,, providing that the County Surveyor shall perform the duties prescribed for the City Engineer in the next preceeding paragraph or provid- ing for such an apportionment between them of said duties, the County Surveyor,_ when by such agreement all such duties devolve upon him, may after his, performance thereof make the aforesaid certification upon said map and, when by such agreement said duties are apportioned between the D ounty Surveyor and the City Engineer, it shall be sufficient if each shall after the per- formance thereof, make a certification on said map touching the duties performed by each. 4.44 Approval by City Council. At its first regular meeting following the filing of said map with the City Clerk as aforesaid, or within ten (10) days following the ' fil- Ing thereof, the City Council shall consider said map, the plan of subdivision and the offers of dedication. The Ciity Council may reject any or all offers of dedication. If - the, City Council shall determine that said map is in conformity with the require- ments of.this Ordinance, that it is satisfied with the plan of subdivision and shall accept all offers of dedication, it shall approve said map and the City Clerk shall thereupon so certify upon said map and transmit the same to the City. Engineer. When the subdivider shall have filed with the City Clerk the agree- ment and bond, or made the deposit, described in Section 6-.3 hereof, and when such agreement and bond shall have been ap- proved by the City Attorney as to form and by the City Council as to sufficiency, the City Engineer shall.present said map to the County Recorder and thereafter record the same with the County Recorder.,If the City Council shall: determine either that said map is not in conformity.with the requirements of this Ord- inance or that it is not satisfied with t he.plan of subdivision.. it shall dissapprove said map specifying its reason or reasons therefore and the City Clerk shall in writing advise the subdiv- ider of such disapproval and of the reason or reasons for such disapproval. Within thirty (30) days after the City Council has disapproved any may the subdivider may file with the Planning Commission a map altered to meet the approval of the City Coun- cil. In such case the subdivider shall.conform to all the re- quirements imposed upon him by this Ordinance when filing the first final map with the :Planning Commission. No map shall have any force or effect until the same has been approved by the City Council and no title to any property described in any offer of dedication shall pass until the City Engineer has recorded said map with the County Recorder. SECTION V. GENERAL REGULATIONS AND DESIGN OF SUBDIVISION 5.1 Streets and Highways. 5.11 The street and highway design shall con- form both in width and alignment to any Master Plan of Streets and Highways approved by the City Council and right -of --way for any such street or highway indicated on°.said Master Plan shall be, dedicated.. I 5.12 The street and highway design shall conform to any proceedings affecting the subdivision, which may have been initiated by.the City Council or approved by said Council upon initiation by other legally constituted bodies of the City, County or State. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a freeway or parkway and the City Council shall.determine:the,boundries of the right-of-way to be acquired, the subdivider shall have the option to either dedicate or withold from subdivision all the area included in said right-of-way. 5.13 The following general conditions shall ap- ply to street and highway design: a6 All streets shall, as far as practicable, be in alignment with existing adjacent streets by continuations of the center lines thereof or by adjustments by curves:an.d shall be in general conformitywith the plans made for the most advan- tageous development of t he area in which the subdivision lies, b. Streets shall be required to intersect one another at an angle as near to a. right angle as is practicable in each specific case. c, Whom necessar$, to give access to or permit a satisfactory future subdivision of.adjoining land,'streets shall extend to the boundry oft he property and the resulting deadend streets may be approved without a turn -around. In all other cases a turn -around having a minimum radius of forty -one - feet. (411;) th a curb radius of not less than thirty feet (341) be provided except where extraordinary conditions make a strict enforcement of this rule impracticable. d. Intersection' Angle and Block Cut-off. Where - ever a major or secondary highway intersects any other street or highway the property lines at each block corner shall be cut back by a diagonal straight-line joining points at a dis- tance, in feet, from the normal intersection of the property lines not less than twenty (20) times the cotangent of half the angle between the property line's,, said distance being taken to the nearest foot. Wherever a local street intersects a local street the property lines at each block corner shall be rounded with a curve having a radius of not lessthan,ten feet (10t); or each block corner shall be out back by a diag- onal straight line joining points at.a distance., in feet., from the normal intersection of the property lines not less than ten (10):times the co -tangent of half. -the angle between the property lines, said distance being taken to the nearest foot. e. Curve Radius. The center line curve radius on all streets and highways shall,conform,to.accepted engineer- ing standards of design and shall be subject to approval by the City Engineer* f, Grades of Streets and Highways. No street or highway shall have a grade of.more than seven per cent (7%)., unless because of topographical conditions or other exceptional conditions$ the City Engineer determines that a grade in excess ,of seven per cent (7%) is necessary.* - g. Reserved strips controlling the access to public ways, or which will not prove taxable for special im- provements, will not.be approved unless such strips are neces- sary for the protection of the public welfare or of substan- tial property rights., or both, and in no case except in which the controlland disposal of the land'comprising such strips is placed definitely within the jurisdiction of the City under - conditions approved by,the ,Planning. Commission. 5-14,Streets.and highways not shown on any Mas- ter Street and Highway Plan or affected by proceedings initiated by the City Council, or approved by the City Council upon initia- tion by other legally consti.tuted governmental bodies shall not be less than those set forth hereunder, except where it can be shown by the subdivider.., to.the satisfaction of the Planning Commission, that:the topography .or..th6 small numberof lots served and the possible future traffic. development are such as to unquestionably justify a narrower width. Increased widths 8c may be required where streets are to serve commerical property or where probably, traffic conditions warrant such. a. Major streets or highways - Minimun right- of-way 80 feet. b. Secondary streets or highways - Minimum v right-of-way 60 feet. c. Local streets - Minimum right-of-way 50 feet. d. Cul-de-sac streets and service roads when not over 800 feet in length, Minimum right-of-way 40 feet. e. Boundary streets lying along the subdivision adjacent to any boundry of the subdivision shall have a right- of-way width of not less than' one-half : of that required for the class of,street by the above, unless special conditions make some other width more desirable in the opinion of the Planning Commission. f. Private streets- As recommended by the Planning Commission. 5.15 Service Roads. When the front of any residential lot borders upon any freeway, major -highway or parkway, the subdivider shall dedicate a service road for in- gress to and egress from said residential lot; provided that when the front of any residential lot borders upon a major highway or parkway, and it is impractical by reason of the de- sign of existing subdivisions in the vicinity, to dedicate a service road .the subdivider shall not be required to dedicate the same, at the discretion of the Planning Commission, 5.16 Planting Strips. When the rear of any residential lot borders upon any freeway, major highway or parkway, the subdivider shall be required (a) to reserve for a planting strip an adaquate area in the rear thereof and ad- jacent to such freeway, major highway, or parkway; (b) to ex- ecute and deliver to the City an instrument deemed sufficient by the City Attorney pursuant to Which the right of ingress to and egress from any lot in said subdivision across the side lines of any such freeway, major highway, or parkway shall be prohibited. 5.17 Alleys. When any lot or lots front on any major or secondary highway and no service road is dedicated for ingress to and egress from such lots, or when any lot or lots are zoned for businessor multiple family pizrposes, an alley or alleys shall be at least twenty feet (201) In width. In other cases the provisions for alleys shall be optional with the sub- divider and where in such cases the subdivider has elected to provide an alley or alleysv each such alley shall be not less than twenty feet (201), in width. The street and alley attange- ment shall be such as will cause no, undue hardship to owners of adjacent property when they subdivide their land, and adaquate and convenient access :to adjacent property dhall be required. 5.18 Street Names. Each street or way proposed for dedication which is a continuation of, or approximately the continuation of,. any existing dedicated street or way shall be given the same name as such existing streetor way, The pro- posed name of each other street or way shall not be a duplica- tion of the name of any existing street or way in the City or one mile outside of the City., or so similiar thereto as to cause confusion. When any such street or way forms a portion of any proposed street or way ordered by the City Council to be surveyed, opened, widened or improved and in such order a name therefor is assigned, or designated, then the name of such street or way shall be the same as the name contained in such order. 5.19 Acre or Large Lot Subdivisions. Where a par- cel is subdivided into acre tracts or large lots the blocks shall be of such size and shape and be so divided into lots as to pro- vide for the expansion and opening of streets and alleys at such intervals as will permit a subsequent division of any parcel into lots of normal size. 5.2 Easements. 5.21 The subdivider shall grant easements not less than five feet (51) in width for public utility, sanitary sewer and drainage purposes on each side of rear lot lines, along side lot lines and in planting strips wherever necessary, provided easements of lesser width may be allowed when at the determina- tion of the City Engineer the purposes of easements may be ac- complished by easements of lesser width and provided further that in such determination the City Engineer shall prescribe the width of such easements. The dedication of easements for i public utilities shall give the City the right,at all times to trim or top trees or shrubs which may interfere with such ease- ments. The intentiin of the subdivider to dedicate such ease- ments shall be shown by a declaration to such effect inthe owner's certificate wherein he shall name each City thereof. 5.3 Lots. W 5.31 The size and shape of lots shall be such as are proper for the locality in which the subdivision is lo- cated and in conformance with the requirements of any Zoning Ordinance effective fort he area in which the proposed subdiv- ision is located. In no case gxcept as noted in Section 5.72 shall the width of lots be less than 501 not the depth less than that necessary to provide 7,500 square feet, nor shall the depth be less than eighty-five feet (851) nor greater than three times the width provided, however, that the Planning Com- mission may grant exception thereto where property is to be used for business or industrial purposes, where there are un- usual topographic conditions, curved or cul-de-sac streets or other special conditions. Corner lots shall have a minimum width of 70 feet and an area of at least 80000 square feet. 5.32 The City Council, after the City Planning Commission 11 has made its recommendations thereon, may approve a map ( a) showing lots having a frontage of less than fifty feet (50t) and an area of' less than seven thousand five hun- dred (&,500) square feet in areas classified for business uses in which a re -subdivision of lots is_;desired for business uses only and (b) showing lots having a frontage of less than fifty feet (50t) and an area of less than seven thousand five hun- dred (7,500) square feet when, pursuant to sales and convey- ances, said lots existed as separate parcels prior to June 1, 1952, and are affected by Sec. 5.35• 5.33 The side lines of all lots, so far as pos- sible, shall be at right angles to the street which the lot faces, or radial or approximinately`radial if the street is curved. 5.34 Set back lines shall be indicated by "dotted lines" on the Subdivision Map as required by the Plan- ning Commission. In residential subdivisions the setback line shall be indicated twenty-five (25) feet from the front prop- erty line and parallel thereto, and fifteen (15) feet from the side property line and parallel thereto in the case of a corner lot. 5.35 Divided Bots. No lot shall be divided by a City boundry line, not any boundry line between registered (Torrens Title) and registered lands, nor any boundry line be- tween parcels of registered land under separate ownership. Each such boundry line shall be made a lot line. 5.36. Lot Numbers. Lot numbers shall begin with the number t11" and shall continue consecutively through the tract, with no omiss- ions or duplications, and no block designations shall be used. 5.37 Lots having double frontage will not be ap- proved except where necessitated by topographic or other un- usual conditions. Thewidth of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this Ordinance unless the general layout in the vicinity$- lines of ownership, topographical con- ditions, or location of major or secondary highways, justify or make necessary a variation from this requirement. 5.4 Walkways. 5.41 Walkways at least ten feet (101) in width shall be provided and reserved across any block over six hun- dred feet (6001) in length. 5.5 Water Courses. 5.51 The subdivider shall, subject to riparian rights., dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural water course or channel, stream or creek that traverses the subdiv- ision, or at the option of the subdivider provide by dedica- tion further.and sufficient easements or construction, or both, to dispose of such surface and storm waters. 5.6 MasterPlan. _ 5.61 In all respects, the subdivision will be consideredin relation to the Master Plan of the City., or any part thereof, or preliminary plans made in anticipation thereof. SECTION VI. REQUIRED IMPROVEMENTS AND BOND .. e 6.1 Standards and Approval. 6.11 All improvements hereinafter mentioned shall be not less than those set forth.in the "Standard Subdi- vision Improvement Specificationsl recommended by the Planning Commission and City Engineer, copies of which may be obtained from the office of the City Engineer, 6.12 Improvement work shall not be commenced until plans and profiles for such work have been submitted to and approved by the City Engineer. Such plans may be required before approval of the final map, All such plans and profiles shall be prepared on tracing cloth in accordance with require- ments of the City Engineer. 6.13 All required improvements shall be con- structed under the inspection of and to approval of the City Engineer. Cost of inspection shall be paid by subdivider. 6.14 All underground utilities, sanitary sewers and storm'drains installed in streets, service roads, alleys or highways shall be constructed prior to the surfacing of such streets service roads, alleys or highways. Connections for all underground utilities and sanitary sewers shall be laid to such length ,as will obviate the necessity for disturb- ing the street or alley improvements, when service connections thereto are made. 6.2 General Requirements. 6.21 Streets and Highways. All streets and highways shall be graded, rocked and surfaced to widths and grades approved by the City Engineer. The subdivider shall im- prove the extension of all subdivision streets, highways, or public ways to'the z intercepting paving line of any County Road, City Street or State Highway, adjacent tb the boundry of the Tract. a Q 6.2Z Structures. Structures shall be installed, as deemed necessary by the City Engineer, for drainage, access. and/or public safety. Such structures to be placed to grades and to be of a design approved by the City Engineer. 6.23 Curbs and.Gutters. The installation of standard curbs and gutters to grades approved by the City En- gineer shall be required. 6.24 Sidewalks. The installation of sidewalks to grades approved by the City Engineer shall be required. 6.25 Water. The subdivider shall install or have installed water mains and fire hydrants connecting the water supply system serving the City of Tustin. 6.26 Sewers. Sanitary sewer facilities connect- ing with the City sewer system shall be constructed to serve each lot and to grades and sizes approved by the City Engineer. Septic tanks or cesspools will be permitted in accordance with City Health Department specifications only when no city sewer system is available for use. Storm water sewers shallbe installed as re- quired by the City Engineer and to grades and design approved by him. 6.27 Street Trees. When required, street trees shall be of a type approved by the City Planning Commission and planted'in locations approved by them. 6.28. Railroad Crossings. Provision shall be made for -any and all railroad crossings necessary to provide ac- cess to or circulation within the proposed subdivision, including the preparation:>of all documents necessary for application to the California State Public Utilities Commission for the estab- lishment and improvement'of such crossing shall be borne by the subdivider. e 6.29 Monuments. Permanent monuments shall be placed as required by the City Engineer. 6.30 Improvement Agreement and Bond. 6.31 Prior to the approval by the City Council of the final map, the subdivider shall execute and file an agree- ment between himself and the City specifying the period within which he shall complete all improvement work to the satisfaction of the City Engineer and providing that if he shall fail to com- plete such work within such period the City may Complete the same and recover the full cost and expense thereof from the subdivider. This agreement shall also provide for inspection of all improve- ments by the City Engineer and reimbursement of the City for the cost of such inspection by the subdivider. Such agreement may also provide (a), for the construction of the improvements in units, (b) for an extension of time under conditions therein specified, (c) for the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed'by the City Engineer to be at least the equiva- lent of the improvements specified in said agreement and required to be constructed by the subdivider, and (d) for progress payments to the subdivider,_or his order, from any deposit money which the subdiviA r may have made in lieu of providing arsurety bond, as provided by the next succeeding section; provided, however, that no such progress payment shall be made for more than ninety per- cent (90%) of the value of any installment of work and provided than each such installment of work shad, be completed to the satis- faction of the, City Engineer. 6..32 The subdivider shall also file with the afore- said agreement, to assure his full and faithful performance there- of, a bond for such sum as is by the City Engineer deemed suffi- cient to cover the cost of said improvements and inspection. Such bond 'shall be executed by a surety company authorized to transact a surety business in the State of California, having a paid-up capital of at least Two hundred Fifty Thousand Dollars ,($250,.000.00) and must be satisfactory to and be approved by the City Attorney as to form and by the City Council as to sufficiency. In lieu of said bond the subdivider may deposit with the City Treasurer cash money in an amount fixed as aforesaid by the City Engineer. 6.33 In the event the subdivider shall fail to complete all improvement work in accordance with the provisions 396 of this Ordinance and the City shall have completed same, or if the subdivider shall fail to reimburse the City for the cost of inspection$ t he City shall call on the surety for reimburse- ment or shall appropriate from any cash deposits funds for reim- bursement. In any such case if the amount of surety bond or cash deposit shall exceed all .cost and expense incurred by the City it shall release the remainder of such bondor cash deposit and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the City the subdivider shall be liable to the City for such difference. 6.34 No extension of time,. progress payments from cash deposits, or release of surety bond or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed and upon ap- proval of the City Council. SECTION VII. EXCEPTIONS. 7.1 Application acid Recommendations. 7.11 The Planning Commission may recommend that the City Council authorize conditional exceptions to any of the requirements and regulations set forth in this Ordinance. Appli- cation for any such exception shall be made by a verified petit- ion of the subdivider, stating fully the grounds of the applica- tion and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. In order for the property refetred to in the petition to come with- in the provisions of this section, it shall be necessary that the Planning Commission shall find the following facts with re- spect thereto: a. That there are special circumstances or con- ditions affedting said property. b. That the exception is necessary for the pres- ervation and enjoyment of a substantial property right of the petitioner. C. That the granting of the exception will not be detrimental to the public welfare or injurious t.o other prop- erty in the territory in which said property is situated. 7.12 In recommending such exceptions, the Plan- ning Commission shall secure substantially the objectivesof the regulations to which the exceptions are granted, as to light, air, and the public health, safety, convenience and gen- eral welfare. 7.13 In recommending the authorization of any exception under the provisions of this Section, the Planning Com- mission shall report to the City Council its findings with re- spect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated. 7.14 Upon receipt of such report the City Coun- oil may by resolution authorize the Planning` Commission to ap- prove the tentative map with the exceptions and conditions the City Council, deems necessary to substantially secure the objec- tives of this- Ordinance. SECTION VIII. APPEAL. 8.1 Notice, 8.11 Appeal may be made from any decision, deter- mination or requirement of the Planning Commission or City Engin- eer by filing a notice thereof in writing with the City Clerk within ten (1.0) days after such decision or determination or re- quirement is made. Such notice shall; -set forth in detail the action and the grounds°upon which thesubdividerdeems himself aggrieved. 8.2 Report 8.21 The City Clerk shall report =the filing of such notice to the Planning CommissionandCity Engineer. A written report shall be submitted to the City Council by the one whose decision., determination or requirement is being ap- pealed. 8.3 Action on Appeal. 8.3- The City Council at its next regular meet- ing following the filing of said appeal, or within ten days (10) following the filing thereof, shall: set said appeal for hearing to be held within ten days thereafter and such hearing may for good cause be continued by order of.t he City Council. Upon the hearing of said appeal the City Council may.overrule or modify the decision, determination or requirement appealed from and enter any such order or orders as are in harmony with the spirit and purpose of this Ordinance and such disposition of the appeal shall be final. SECTION IX. VALIDITY. 9.1 If any article, section, subsection, sentence, clause or phrase of this Ordinance, or the application of any thereof to any person or circumstances be held to be invalid for any reason, such invalidity shall not affect the validity of any other provision or application of this Ordinance which can be given effect without the invalid provision.or application; and to this end the City Council of the City of Tustin hereby declares that the provisions of this Ordinance are severable and that it would have passed this Ordinance and each and every article, sec- tion, subsection, sentence,, clause and phrase thereof irrespec- tive of the fact that any one or more articles:, sections, sub- sections, sentences, clauses or phrases, ort he application of any thereof to any persons or circumstance be declared invalid. SECTION X. PENALTIES FOR VIOLATION. 10.1 Any person, firm, corporation, partnership or co -partnership who wilfAlly violates any of the provisions or fails to comply with any of the mandatory requirements of this Ordinance is guilty of a misdemeanor, and upon conviction there- of shall be punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment in the City Jail not to ex- ceed six months or both fine and_imprisonmen.t$ except that noth- ing herein contained shall be deemed to bar any legal equitable or summary remedy to which the City of Tustin or other political subdivision, or any person, firm, corporation, partnerships or co -partnership may otherwise be entitled, and the City of Tustin or any other political subdivision or person, firm, corporation, partnership or co -Partnership may file a suit in the Superior Court of the State of California in and fort he County of Orange to restrain or enjoin any attempted or proposed subdivision or sale in violation of this Ordinance. SECTION XI, EFFECTIVE DATE. The City Clerk shall certify to the papsage of this Ordinance and shall cause the same to be printed and pub- lished once in the Tustin News,.a newspaper of general circu- lation ' printed and published and circulated in Tustin, Calif- ornia; and thirty (ap) days from and after its final pasaage it shall take effect and be in full force. THE FOREGOING_ Ordinance was„ approved, signed and attested;,;thi,s 19th day of May, 1952. (SEAL) Ma o�tYe City of Tustin, Calif o,rni a.. ATTEST: Samuel C. Penington, ty Clerk. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF"TUSTIN I HEREBY CERTIFY that the foregoing Ordinance was regularly introduced before the City Council of the City of Tus- tin, State of California, and read for the first time at a regu- lar meeting of said Council held on the 5th day of May, 1952, and was read for the second time and duly ,passed and adopted at a .regular meeting of the City Council held on the 19th day of May, 1952, by the following vote AYES: Councilmen: Vincent L. Humeston, Frank E. Bacon, Jr., J. Roy Teter,"William I. Miller, William NOES: None H. Gray. ABSENT: None WITNESS my hand and seal this 19th day of May, 1952. SEAL r 's AIM EL C. PENINGTON, Cit Clerk.