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HomeMy WebLinkAboutOrd 861-1981ORDINANCE NO. 861-81 AN ORDINANCE REGULATING THE DESIGN, IMPROVEMENT AND SURVEY DATA OF SUBDIVISIONS AND CERTAIN OTHER DIVISIONS OF LAND AND THE FORM AND CONTENT OF TENTATIVE, FINAL AND PARCEL MAPS THEREOF: PROVIDING PENALTIES FOR THE VIOLATION HEREOF; AND DESIGNATING AN ADVISORY AGENCY, SAID ORDINANCE BEING ADOPTED PURSUANT TO THE SUBDIVISION MAP ACT AS AMENDED, AND TO THE GENERAL POWERS OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA~ AND REPEALING ORDINANCES 603, 619, 692, 694, 742, 750, 829 AND 851 THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. SHORT TITLE. This Ordinance shall be known and officially cited as the "Subdivision Ordinance of the City of South San Francisco." SECTION 2. SUBDIVISION REGULATIONS. Purpose. 2.01 For the purpose of promoting the public health, safety, convenience and general welfare; the design, improvement and survey data of subdivisions; and the form and content of tentative, final and parcel maps thereof; and the procedure to be followed in securing official approval thereof shall be governed by the Provisions of the "Subdivision Map Act," Title 7, Division 2, of the Government Code, as amended, adopted by the Legislature of the State of California, and by the additional provisions of this Ordinance, and shall comply with the provisions of the General Plan and Zoning Ordinance. 2.02 Further, it is the purpose of this Ordinance to encourage new con- cepts and innovations in the arrangement of building sites within subdivisions. Deviations from the traditional mechanical approach to the subdivision of land are encouraged in order to facilitate the ultimate development of the land in a CENTRAL RECORDS manner that will be commensurate with contemporary living patterns and tech- nological progress. 2.03 The Planning Commission is hereby designated as the Advisory Agency with respect to subdivisions as provided in the Subdivision Map Act of the State of California. a. The Planning Commission shall have all the powers and duties with respect to tentative, final and parcel maps, and the procedure with respect thereto, which are specified by law and by this Ordinance. SECTION 3. DEFINITIONS. 3.01 Definitions hereinafter set forth shall be supplementary to the definitions contained in the Subdivision Map Act. 3.02 The designation of any particular officer or body herein shall mean the particular officer or body of the City of South San Francisco. 3.03 a. "ARTERIAL (ARTERY)" - A street of general city or city-county importance, which carries traffic on four or more moving lanes between different areas of the city and county, and which may have a median strip divider. b. "COLLECTOR STREET" - That which collects traffic from a Minor Street, a subdivision or other area and carries said traffic to an Arterial Street. c. "COMMON AREAS" (1) The "general common areas" shall mean the entire condo- minium project excepting those elements granted or reserved. (2) The "limited common areas" shall mean those areas to be reserved for the use of a certain number of condominium units, such as special corridors, walkways, sanitary services common to the units of a particular floor FILE NO .... : .................. d. "CONDOMINIUM UNITS" are the elements of a condominium which are not owned in common with the owners of other condominium units in the project. e. "COVENANTS, CONDITIONS AND RESTRICTIONS" (C.C.& R'S) shall mean the declaration of powers, obligations, responsibilities, duties, rights and restrictions which are binding upon all owners of the condominium or members of an association and which provide for the orderly governing of the condominium or association. f. "DWELLING UNIT" shall mean a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living sleeping, eating, cooking and sanitation. g. "EASEMENT, DEDICATED" shall mean an easement dedicated to and accepted by the City, to be used for streets, lanes, other public ways or places, sanitary sewers, drainage, utilities or other public purpose. h. "EXPRESSWAY"-An arterial street which is characterized by limited access, at-grade intersections and median strip dividers. i. "FINAL MAP" refers to a map prepared in accordance with the Subdivision Map Act and this Ordinance, which is designed to be filed with the San Mateo County Recorder. j. "FREEWAY" - An arterial street which is characterized by limited access, grade-separated intersections and median strip dividers. k. "LANE" - Any public or private way which affords a secondary means of access to abutting property. 1. "LOT" shall mean a parcel of land established, or to be estab- lished, by the Standard Subdivision Procedure or Minor Subdivision Procedure, as provided herein. For the purpose of this Ordinance, the term "lot" and "parcel" shall be considered synonymous. m. "LOT DEPTH" - The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. CENTRAL RECORDS n. "LOT DEPTH, AVERAGE" - The sum of the length of the two side lines of the lot divided by two. o. "LOT LINE, FRONT" - In the case of an interior lot, a line separating the parcel from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street. p. "LOT LINE, REAR" - A lot line which is opposite and most distant from the front lot line; and in the case of an irregular, triangular or gore- shaped lot, a line within the lot most nearly parallel to and at the maximum distance from the front lot line, having a length of at least ten (10) feet. q. "LOT LINES, SIDE" - Any lot boundary line not a front lot line or a rear lot line. r. "LOT LINES, AVERAGE" - The sum of the length of the front and rear lot line divided by two. In the case of irregularly-shaped lots having four or more sides, "average lot width" shall be the sum of the length of two lines, drawn perpendicular to one side line at the widest and narrowest portions of the lot, divided by two. s. "MINOR STREET" - That which is used primarily for access to abutting properties, including cul-de-sacs. t. "OWNER" - The individual, firm, partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide said land under the law of the State of California and this Ordinance. u. "PARCEL MAP" refers to a map showing the division of land as described in Subsections (a) through (d) of Section 66426 of the Government Code. v. "PARKWAY" - The area between the back-of-curb and the property line, but not including the sidewalk. C:ENTRAL RECORDS w. "PEDESTRIAN WAY" - An easement exclusively for pedestrian use. x. "PERSON" is any person, firm, partnership, association, corpora- tion, company or organization of any kind. y. "PLANNING COMMISSION" shall mean the Planning Commission of the City of South San Francisco and the Advisory Agency referred to in the State Subdivision Map Act. z. "RESERVE STRIP" - A strip of land not less than one foot in width deeded to the City for the purpose of regulating access to any arterial street or to a partially dedicated or dead-end, lane, street or highway. aa. "SINGLE-FAMILY DWELLING" - Single-Family dwelling shall include any detached dwelling unit which is individually owned. SECTION 4. DESIGN AND IMPROVEMENTS. Subdivision design and improvements shall be required as set out in this Ordinance. 4.01 MINIMUM LOT AREA, STREET DESIGN, IMPROVEMENTS AND OTHER REGULATIONS. a. Minimum lot area and width for commercial, industrial and residential subdivisions shall be as stipulated for those respective types of subdivisions in the Zoning Ordinance. b. Street Design: Street design shall be as set forth in Section 6 for commercial, industrial and residential areas respectively. c. Improvements: All improvements shall be as set out for the respective types of subdivisions in Sections 6 and 7 herein, and standards adopted pursuant to this Ordinance. d. Other Regulations: All other regulations set out in this CENTRAL RECORDS Ordinance shall be complied with in the development of commercial, industrial and residential subdivisions respectively. SECTION 5. GENERAL DESIGN AND IMPROVEMENT STANDARDS. 5.01 LENGTH OF BLOCKS. Blocks shall not be longer than 1,200 feet between intersecting street lines, except on arterial streets where longer blocks may be required by the City Council. 5.02 WALKWAYS. Improved walkways not less than ten feet (10') in width and not over three hundred feet (300') in length may be required through blocks more than nine hundred feet (900') in length and through other blocks where neces- sary to provide access to schools, parks and scenic easements. 5.03 UTILITY EASEMENTS. Easements not less than ten feet (10') wide shall be required within or across lots where necessary for underground utilities, cables, wire, street trees, drainage, conduit and water mains or other utilities. A reduc- tion of the width may be allowed when a lesser width is justified in the opinion of the City Engineer and the serving utility. 5.04 NON-ACCESS AND PLANTING. When the rear of any lots border upon a freeway, expressway, state highway or arterial, the subdivider may be required to dedicate and improve a planting strip adjacent to such freeway, expressway, state highway or arterial. The cost of all required improvements shall be borne by the subdivider. 5.05 WATER COURSES AND DRAINAGE. Water courses shall be shown as easements when required by the City CENTRAL RECORDS Engineer, and storm drainsshall be placed in easements when public right-of-way is not available or adequate. All lots shall be so graded as to drain to an improved street or, when this is not feasible, all water courses shall be placed entirely in underground conduits in accordance with the standards adopted pursuant to this Ordinance. In the event that storm drains are located at the rear lot line, there shall be provided a concrete inlet structure with iron grate at the lower corner of each lot. Where sumps are approved to handle drainage as an interim solution, defeasible easements shall be provided for necessary channels and sump areas. 5.06 MONUMENTS. a. Durable metal monuments consisting of iron pipe with plug and tack approved by the City Engineer, set at least two feet (2') into the ground, and conforming to the standards adopted by the City of South San Francisco, and shown on the final subdivision or parcel map, shall be placed at the following locations: (1) Along boundary lines at intervals not to exceed five hundred feet (500'), or at such lesser distances as may be made necessary by topography or culture, to assure accuracy in the re-establishment of any point or line without unreasonable difficulty. (2) At the beginning and ending of property line, curves or the points of intersection of tangents thereof, or other intermediate points required by the City Engineer. b. A cross shall be cut in the top of curb on the prolongation of the side lot lines at all lot corners. 5.07 Concrete monuments, depressed below street grade, with case iron CENTRAL RECORDS FILE NO.: ..~......~j~.'~ ring and cover of a type approved by the City Engineer, shall be set at inter- sections of street centerlines. Said monuments shall also be placed at the beginning and end of each centerline curve. 5.08 Permanent elevation benchmarks, of a type approved by the City Engineer and referring to the City datum, shall be set at each street inter- section in the curb return or other location approved by the City Engineer. 5.09 Any monument or benchmark, required by this Ordinance, which is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider at his expense. 5.10 Complete field notes, in a form satisfactory to the City Engineer, showing references, ties, locations, elevations and other necessary data relating to monuments and benchmarks set in accordance with the requirements of this Ordinance, shall be submitted to the City Engineer to be retained by the City, as a permanent record. 5.11 a. All lots shall abut on a dedicated and improved street. b. Lots with frontage on more than one street will not be permitted, unless approved by the City Council (or, in Minor Subdivisions, the Planning Commission), which may as a condition to such approval, require the developer to release access rights on one street. 5.12 Existing streets shall be extended as required by the City Council. 5.13 Street stubs shall be extended to adjacent unsubdivided property where, in the opinion of the City Council, they are necessary. A satisfactory, temporary cul-de-sac and a standard barrier shall be installed at the termini of street stubs in order to prevent unauthorized access thereto and therefrom. 5.14 Streets shall intersect at as near right angles as is practicable. e CENTRAL RECORDS FILe .. ......... Radius of curvature, where the property lines intersect, shall be a minimum of twenty feet (20'), except where streets intersect arterials where the minimum radius shall be thirty feet (30'). 5.15 "T" or three-legged intersections are preferable to four-legged (grid iron) intersections on local streets. 5.16 Intersections shall not be located closer than three hundred and fifty feet (350') to any other intersections measured from centerline to center- line, unless approved by the City Engineer. 5.17 Access rights, where required to control access over certain lot lines, or reserve strips over the ends of street stubs, shall be deeded to the City. 5.18 Frontage roads, access roads or acceleration lanes shall be required in industrial, commercial and in multiple-family residential areas where it is necessary to control access to arterial streets. 5.19 Where lanes intersect streets, a minimum twenty foot (20') radius of property line curvature shall be required. 5.20 Cul-de-sac streets shall have the following limiting dimensions: 50' Minimum Radius to Property Line 40' Minimum Radius to Curb Line 500' Maximum length of a cul-de-sac to center of turn-around, except where a loop is provided in the water system. 5.21 Names for proposed new streets shall be approved by the City Council upon the recommendation of the Chief of Police and Fire Chief and shall be shown on the tentative map. 5.22 Streets, rights-of-way and easements in any Standard Subdivision CENTRAL RECORDS FILE NO .................. ~ ..... ~ or Minor Subdivision shall be offered for dedication by appropriate means. The City may, at its option, accept or reject any such offer or reserve the right to require future dedication. 5.23 Street design shall conform to the standards embodied in the Circulation Element of the General Plan of the City. a. Curve Radius. Minimum centerline radius on streets shall be: Expressway/Arterial Streets 1,500 feet Collector Streets 800 feet Minor Streets 200 feet Cul-de-sac Streets 100 feet b. Grades. Maximum permitted 10 percent (10%)1 Minimum permitted 1 percent (1%) 5.24 OPTIONAL DESIGN AND IMPROVEMENT STANDARDS. Variation of the standards required pursuant to Sections 4 and 5 herein may be permitted only in areas where a Use Permit is in effect for a Planned Unit Development. The variations permitted shall be only those shown on that site plan which was approved as a part of said Planned Unit Development. 5.25 DESIGN AND LOCATION OF AIRSPACES AND BUILDINGS IN CONDOMINIUM, STOCK COOPERATIVE AND COMMUNITY-APARTMENT PROJECTS. The City Council, upon the recommendation of the City Engineer and Where topography makes ten percent (10%) impractical, subject to receiving the City Engineer's recommendation, the City Council may allow up to fourteen percent (14%) grade, where satisfactory evidence which is given, showing that a lesser grade is not possible. 10. CENTRAL RECORDS the Director of Community Development, shall regulate the design and location of airspaces and buildings in condominium, stock cooperative and community- apartment projects in order to promote the public safety, health, comfort, convenience and general welfare, and to effectuate the General Plan, and the standards and provisions of the Subdivision and Zoning Ordinances. SECTION 6. STREET DESIGN. 6.01 All streets shall conform to the standards set out in the table of "Specific Street Design Dimensions" contained herein. All deviation shall be permitted only with written approval of the City Council in accordance with Section 5.24. 11. CENTRAL RECORDS F1 [..~' NO.: ............................... ~ARK~A¥ SIDEWALK o'-s' CITY PARKING. ~o' OF SOUTH SAN FRANCISCO ARTERIAL ( Divided ) 4-LANE R/W 106' Min. 6-LANE R/W 150' Min.. TRAVEL LANES MEDIAN 12' TRAVEL. LANES PARKING SIGEwAU[ PARKWAY' [ C-to' ' o'-s' ' I ' O'-G' 4'-I0'/ I0' PARKWAY '.~IDEWALK ~ PARKING 0'-6' ' 4-10' ~ I0' ARTERIAL ( Undivided R/W 88' Min. I 12' TRAVEL LANES 48' COMMERCIAL- INDUSTRIAL COLLECTOR 8~ MINOR R/W 64' Min. I t2" TRAVEL. L.ANES PARKING PAR~ING $1DEW.~.LK PAR~'WAY- 4'-I0' o'-s' SIDEWAL.K PARI~AY~ RESIDENTIAL RIW 6 PARKVMff 9IOEWN,.I' PARKING 12' TRAVEL LANES 6' 4' 8' 24' COLLECTOR O' Min. PARKWAY SIDEWALK pAR~INO 6' 4' 8' RESIDENTIAL MINOR R/W 56' Min. IO~ TRAVEL LANE~ 20' PARKtt, IG 8' PARKING SIDEW&I.J'~ PARKWAY 8' 4' · 12. cENTRAL RECORDS FILE ~' -~~"'"' SPECIFIC STREET DESIGN DIMENSIONS Street Type (1) Minor Collector Arterial (4-lane undivided) Arterial (4-lane divided) Arterial (6-lane divided) Minimum Dimensions in Residential Subdivisions .Right-of-Way Pavement Parkway* Median Sidewalk* 56' 36,(2) 6' None 4' Lane None unless approved by City Council 60' 40' 6' None " " 88' 68' 6' None " " 106' 68' 6' 18' " " 130' 92' 6' 18' " " Street Type Mi nor (1) Col 1 ector Arterial (4-lane undivided) Arterial (4-lane divided) Arterial (6-lane divided) · Minimum Dimensions in Commercial Subdivisions ,Right-of-Way Pavement Parkway* Median Sidewalk* 64' 44' O' None 10' Lane None unless approved by City Council 64' 44' O' None 10' " 88' 68' O' None 10' " 106' 68' O' 18' 10' " 130' 92' O' 18' 10' " (1) (2) Minor Street includes cul-de-sac. Pavement width for two-level streets shall be 20' for each Section, *Each side of right-of-way. CENTRAL. RECORDS 13. ~,1..£ SPECIFIC STREET DESIGN DIMENSIONS (CONTINUED) Street Type Minor (1) Col 1 ector Arterial (4-lane undivided) Arterial (4-lane divided) Arterial (6-lane divided) Minimum Dimensions in Industrial Subdivisions Right-of-Way Pavement Parkway* Median Sidewalk* 64' 64~ 88' 106' 130' 44' 6' None 4' 44' 6' None 4' 68' 6' None 4' 68' 6' 18' 4' 92' 6' 18' 4' Lane None unless approved by City Council (1) Minor Street includes cul-de-sac. *Each side of right-of-way. 14. CENTRAL RECORDS SECTION 7. IMPROVEMENTS. 7.01 All improvements shall conform to the City of South San Francisco's engineering standards. Any deviation shall be permitted only with the written approval of the City Council in accordance with Section 5.24. Permission shall be obtained from the City Engineer before any construction is started. 7.02 Improvements to be installed by each subdivider shall include the following: a. Curb, gutter, sidewalk and walkways. b. Water lines, gas lines, elctric lines, cable television sub- structures and other utility services to serve each lot and shall be stubbed to clear public improvements prior to paving. c. Fire hydrants of a type and size approved by the Fire Chief. Fire flow shall be as approved by the Fire Chief. d. Sanitary sewers and separate laterals to serve each lot and shall be stubbed to property line prior to paving. Sewer mains shall be of sufficient size to accommodate potential future development within the upstream basin. e. Storm sewers, drains and channel improvements when necessary for general use of the development. Storm drains shall be of sufficient size to accommodate potential future development within the upstream basin. f. Silt basins or other forms of erosion control as required by the City Engineer in accordance with current, accepted engineering practices. g. Paved streets. h. Street lights. The spacing of standard street lights and underground wiring of all street lighting systems shall be approved by the City Engineer. 15. CENTRAL RECORDS i. Street trees. Not less than one (1) tree per plot, average spacing fifty feet (50') on center and of a type specified as required by the "Street Tree Ordinance of the City of South San Francisco." j. Street name signs at locations approved by the City Engineer. k. Street end barricades, walls or fencing where required. 1. Traffic signals, signs, controls and markings where streets intersect and at other locations required by the City Engineer. m. When required by the Fire Chief, a fire alarm system and alarm boxes of a type and at locations approved by the Fire Chief. n. Utility distribution lines including, but not limited to, electric, communications, street lighting and cable television shall be required to be placed underground. The subdivider is responsible for complying with the requirements of this Section, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this Section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above- ground in commercial and industrial subdivisions only. All surface-mounted installations shall be screened with landscaping as approved by the City Council or placed beyond any setback required by the applicable zoning district regula- tions. 7.03 Regulations for dedication of land, payment of fees, or both, for park and recreation land in subdivisions. a. SUBDIVIDER SHALL PROVIDE PARK AND RECREATIONAL FACILITIES: Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee, or do both, as set forth in this Section for the purpose of providing 16. CENTRAL RECORDS o. park and recreational facilities to serve future residents of such subdivision. b. APPLICATION: Except for Commercial Subdivisions and Industrial Subdivisions, the provisions of this Section shall apply to: (1) All subdivisions, as that phrase is defined in Sections 66424 et seq. of the Government Code. (2) Community Apartments. (3) Condominiums. (4) Stock Cooperative Projects. (5) Minor Subdivisions or lot splits. c. RELATION OF LAND REQUIRED TO POPULATION DENSITY: It is hereby found and determined that the public interest, convenience, health, welfare and safety require that four (4) acres of property, for each One Thousand (1,000) persons residing within the City, be devoted to park and recreational purposes. d. POPULATION DENSITY: Population density for the purpose of this Section shall be determined in accordance with the description of neighborhood densities embodied in the adopted General Plan, to wit: (1) Single-family dwelling units and duplexes - 3.0 persons per dwelling unit. (2) Multiple-family dwelling units - 2.5 persons per dwelling unit. The basis for determining the total number of dwelling units shall be the number of such units permitted by the City on the property included in the subdivision at the time the final subdivision tract map is filed with the City Council for approval. 3. AMOUNT OF LAND TO BE DEDICATED: The amount of land required to be dedicated by a subdivider pursuant to this Section shall be based on the 17. CENTRAL RECORD~ gross area included in the subdivision, determined by the following fomula: Net density per dwelling unit DENSITY~FORMULA: 1 D.U. per acre or more 1 D.U. per ½ to 1 acre 1 D.U. per lO,O00 sq. ft. to ½ acre 1 D.U. per 9,000 to 9,999 sq. ft. 1 D.U. per 8,000 to 8,999 sq. ft. 1 D.U. per 7,000 to 7,999 sq. ft. 1 D.U. per 6,000 to 6,999 sq. ft. 1 D.U. per 5,000 to 5,999 sq. ft. 10 to 19 D.U.'s per acre 20 to 29 D.U.'s per acre 30 to 39 D.U.'s per acre 40 to 49 D.U.'s per acre 50 to 59 D.U.'s per acre 60 to 69 D.U.'s per acre 70 to 79 D.U.'s per acre 80 to 89 D.U.'s per acre 90 to 99 D.U.'s per acre 100 D.U.'s and over per acre f. AMOUNT OF FEE IN LIEU OF LAND DEDICATION: Percentage of the gross area of the subdivision required when park land is dedicated 0.60% 2.30% 1.73% 2.70% 3.01% 3.40% 3.90% 4.58% 5.79% 9.30% 12.56% 15.58% 18.40% 21.05% 23.54% 25.85% 28.00% 29.07% Where a fee is required to be paid in lieu of land dedication, the amount of such fee to be paid shall be based upon the following: 18. CENTRAL RECORDS Number of Bedrooms Per Unit One Bedroom/Studio Two Bedrooms Three or More Bedrooms g. CHOICE OF LAND OR FEE. Fee Per Unit $400 $5oo $60o (1) Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: (a) Parcel Maps, Minor Subdivisions and Lot Splits. The fees to be paid for land subdivided by parcel maps, minor sub- divisions and lot splits shall be paid to the Finance Department of the City prior to the filing of the parcel map. (b) Subdivider. At the time of filing a tentative sub- division map for approval, the owner of the property shall, as a part of such filing, indicate whether he desires to dedicate property for park and recreational purposes, or whether he desires to pay a fee in lieu thereof. If he desires to dedicate the land for this purpose, he shall designate the area thereof on the tentative sub- division map as submitted. (c) Action of City. At the time of the tentative sub- division map approval, the City Council shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both. (d) 'Prerequisites for~ApproYal~of Final'Map. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, 19. ~ENTRAL the same shall be paid to the Finance Department of the City prior to the approval of the final subdivision map. Open space covenants for common open landscaped areas or recreation facilities shall be submitted to the City prior to approval of the final sub- division map and shall be recorded contemporaneously with the final subdivision map. (2) Determination. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following: (a) Recreation Element of the City's General Plan; (b) Topography, geology, access and location of land in the subdivision available for dedication; (c) Size and shape of the subdivision and land available for dedication; and (d) Recommendation of the City's Parks and Recreation Commission. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. h. TIME OF COMMENCEMENT MUST BE DESIGNATED: At the time the final subdivision map is approved or parcel map filed, the City shall designate the time when development of the park and recreational facilities shall be commenced. i. LIMITATION ON USE OF LAND AND FEES: The land and fees received under this Section shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received, and the location of the land and amount of fees shall bear a reasonable relationship to 20. CENTRAL RECORDS the use of the park and recreational facilities by the future inhabitants of the subdivision. 7.04 SCHOOL SITES. Where the subdivider proposes to develop a minimum of four hundred (400) dwelling units within a single school district within a three (3) year period or less, the City Council may require the subdivider to dedicate to the School District such land as the governing body shall deem necessary for the purpose of constructing thereof schools necessary to assure elementary school service for the residents of the development. Such requirement shall be subject to the costs formula and other provisions and limitations of Section 66478 of the Government Code of the State of California. 7.05 The following off-site improvements may be required when said improvements are needed to serve the proposed subdivision: a. The subdivider shall pay the fee estimated by the City for the development of storm drains and sewage disposal facilities or for the improvement of any existing storm drains or sewage disposal system and the construction of transmission lines from the proposed development to the site of disposal. b. When flood zones or other lawful special purpose zones are established by the City Council, the subdivider shall pay the fee set out for the particular zone in which the subject land lies. c. Properly graded, drained and paved access roads. d. The extension of any other utilities. e. Agreements may be made upon approval of the City Council for reimbursement by future developers for facilities required by the City to the extent that such facilities are in excess of sizes, lengths and locations needed to serve the subdivision involved. Requests for reimbursement shall be made in 21. CENTRAL RECORD~ writing at the time of submitting the final map. f. The subdivider shall dedicate or make an irrevocable offer to dedicate land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of the subdivision if (a) the subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the adopted General Plan or contains one hundred (100) acres or more; and (b) the City Council finds that transit services are or will, within a reasonable time period, be made available to such subdivision. Such irrevocable offers may be terminated as provided in subsections (c) and (d) of Section 66477.2 of the Government Code. The provisions of this Section do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units are added. 7.06 In addition to all other requirements herein: a. Improvement work shall not be commenced until improvement plans for such work have been submitted to and approved by the City Engineer. b. No grading shall be commenced until a grading plan shall have been submitted to and approved by the City Engineer and a grading permit is issued by the Director~ of Public Services. c. All improvements shall be constructed under the inspection of, and to the satisfaction of the City Engineer. d. Cost of inspection shall be borne by the subdivider and shall be deposited in the manner and in the amount established by the City. Said cost of inspection shall be secured by a cash deposit with the City of South San 22. CENTRAL RECORDS Francisco in the amount of two percent (2%) of the estimated cost of subdivision improvements. SECTION 8. EXCEPTIONS. 8.01 EXCEPTIONS BASED ON HARDSHIP. It is realized that there are certain parcels of land of such dimension, subject to such title restrictions, so affected by physical conditions and/or devoted to such use that it is impracticable for the subdivider to conform to all the foregoing requirements when subdividing property. 8.02 ACTION. The City Council, (or, in Minor Subdivisions, the Planning Commission) may grant exceptions from the foregoing requirements, when all the following conditions are found to apply: a. That any exception granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. b. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity. c. That under the circumstances of this particular case the excep- tion, rather than the sections at issue in this Ordinance, actually carries out the spirit and intent of this Ordinance. 8.03 Adequate guarantees shall be provided to insure that any conditions imposed as a part of any approved exception shall be carried out as specified. SECTION 9. TYPE Of SUBDIVISION AND PROCEDURE. 23. CENTRAL RECORD~ 9.01 The subdivider may elect to use either the Standard Subdivision (Section 10) or Minor Subdivision (Section 12) procedure in any case in which the division of land is as described in subsections (a) through (d) of Section 66426 of the Government Code. 9.02 The Standard Subdivision procedure (Section 10) shall be used on all subdivisions not specified in Section 9.01. 9.03 CONDOMINIUM REGULATIONS. a. Conformance to Ordinance. Any condominium project in the City of South San Francisco shall be subject to the requirements and procedures applicable to subdivision as set forth in this Ordinance and any additional requirements and procedures set forth in this Section. b. Intent and PurpOSe of this Section. Condominium projects may require that numbers of householders, with vested ownership in their respective dwelling units, live in close proximity to one another. Condominium projects also require that such owners be bound together in an association which is responsible for the maintenance, management and possible reconstruction of improvements within the common area of the project. This mix of individual and common ownership is different from conventional and familiar patterns of housing in the City. The unique status of residential condominium projects tends to magnify the effects associated with higher urban densities to the point where they may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the condominium projects as well as the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the City to treat residential condominiums differently from apart- ments and other like structures. Pursuant to such intent and in order to provide 24. CENTRAL RECORDS FILE NO.~ ~.~~ guidance in the consideration of proposed condominium projects, the purpose of this Section are as follows: (1) To ensure that future condominium projects will have an overall positive effect on the City's available housing stock. (2) To ensure that adequate provision is made for maintenance and management of condominium projects for the health, safety and welfare of the purchasers and owners thereof. (3) To ensure that governmental entities have the right to enter into the general and limited common areas of the project to protect the public health, safety and welfare and to preserve the public peace. c. Procedure. Condominium projects shall result in the creation of five (5) or more condominium units, and the procedure to be used in subdividing a condominium project shall be the Standard Subdivision procedure (Section 10), in addition to the requirements and procedures set forth in this Section. d. Tentative Map, Data Required. The following information and data shall be required as part of the Tentative Map and in addition to other requirements of this Ordinance: (1) A site plan for all common areas including proposed and/or existing recreation facilities, landscaping, indicating types and sizes of landscaping materials, community buildings, walks, drives and other facilities to be owned and used in common. (2) A plan showing the location of all parking, storage and other areas designated or assigned for individual use by the owners out- side of each unit. (3) A copy of the proposed first year maintenance contract. 25. CF_INITRAL- RF_GORD-~ '(4) Such other information which the City Council determines is necessary to evaluate the project. (5) Approval of the Tentative Map shall be subject to the following additional data to be submitted by the subdivider for approval by the City Council: (a) A copy of the subdivider's proposed application for a subdivision permit required by the Department of Real Estate of the State of California; (b) A copy of the proposed budget for maintenance, opera- tion and reserves for the project, including the proposed monthly cost to each unit; said budget shall establish sufficient reserves in operating funds for reasonable operation of the project. Said monthly cost shall be projected at least five (5) years into the future; (c) A description of how parking, storage and other areas outside of each unit will be owned, managed and maintained; and (d) Twelve (12) copies of the proposed C.C.& R's which would apply to the project. As a minimum, the C.C.& R's shall provide the following: 1. Statement of ownership and application of C.C.& R's to owners and occupants. This Section shall specifi- cally and irrevocably subject owners and occupants to the pro- visions of the C.C.& R's; 2. Section describing voting rights and vote distribu- tion. This Section shall provide that the subdivider shall have all of the rights and responsibilities of an owner prior to sale of each unit; CEi~TRAL RECORD~ 26. 3. Section describing the administration and res- ponsibilities of the association. Association responsibilities shall include administration of the project, preparing and approving an annual budget, establishing and collecting annual or monthly assessments, maintaining the project with special provisions for maintenance of building exteriors and landscaping, appointing a representative to authorize the towing from all common areas of any abandoned or dismantled vehicles left on the property in excess of ten (10) calendar days, enforcing the C.C.& R's and levying penalties for noncompliance with C.C.& R's; 4. Section describing the obligations of owners. This Section shall include provisions for: annual or monthly assessments, maintenance and repair of individual units, use of units, internal structural alterations, use of common areas and facilities, rights-of-entry for repair and emergency, rules of conduct; 5. Section providing the right of public entry by any governmental agency, department or bureau. This Section shall provide for the right of immediate access at all times to all portions of the common areas not assigned for the exclusive use of the owner of a particular unit. Notice of such right of governmental agency access shall be prominently displayed in the common areas of the project; 6. Section prohibiting the dissolution of the associa- tion without dissolution of the condominium. This Section shall 27. CENTRAL RECORDS also prohibit sale or development of the land owned in common without prior approval of the City; 7. Section providing for penalties and procedures dealing with violations of C.C.& R's. 8. Section containin~ landscape and improvement require- ments. The Section shall include the following provisions: (a) Landscape Plans and Construction of Improvements. Declarants shall improve or cause to be improved the land- scaped portions of the common areas and other common areas or properties as shown on the following plans: (1) Landscape Plans. Plans consisting of ~sheet(s) designated , dated , prepared by , Job No. , entitled , together with the Legend of Plants as shown on the Plan and Irrigation System Specifications consisting of sheet(s), designated , dated , prepared by , Job No. , entitled , Declarants shall file a copy of the as-built plans with the Association. The Association shall maintain same on file as: (1) Permanent records available for inspection and review by prospective owners and other interested persons; and (2) for performing of its duties with respect thereto. (2) Maintenance of Landscaping. The Associa- tion shall maintain all of the landscaping within the 28. CENTRAL RECORDS O ' -~' '-~ Development in general accordance with the landscaping plans referred to in subparaqraph (1) above, unless climatic conditions make such maintenance impracticable or unless the City of South San Francisco consents to a change in the plan for landscaping. (3) Improvement Plans of Other Common Areas or Properties. A plan consisting of~sheets, dated , Revised , prepared by , Job No. , entitled Declarants shall file a copy of the as-built plans with the Association. The Association shall maintain same on file as: (1) Per- manent records available for inspection and review by prospective owners and other interested parties; and (2) for performance of its duties with respect thereto. (4) The Association shall maintain and repair the works of improvement within the landscaped areas and the common properties as constructed within said properties in accordance with said plans including, but not limited to, the driveways, curbs and gutters, fences, landscape planting, water supply system, sanitary sewer, storm drain system, area lighting system, fire preven- tion system, irrigation system, retaining walls and sub- drain system, traffic control siqns, devices and striping, grades and slopes, and maintain and repair the improve- ments constructed in other portions of the common areas or properties. Any modifications of the improvements CENTRAL RECORD~ 29. installed in accordance with said plans shall be made (1) in accordance with the procedure set forth in the Declaration of Covenants, Conditions and Restrictions; and (2) Modification of the use permit or other applicable zoning permit as so required. The Association shall pro- vide funds for said maintenance and repair in accordance with the assessment provisions set forth in Article of these Covenants. SECTION 10. STANDARD SUBDIVISION PROCEDURE. 10.01 This procedure shall aDpl.¥ to all subdivisions, parts of subdivisions or any division of land where prescribed in Section 9. 10.02 No tentative subdivision maps may be filed until necessary zoning approvals have been secured and an Environmental Impact Report, if required, has been certified for the project covered by the application. Prior to the filing of a tentative subdivision map, a preliminary Title Report from a reputable title com- pany shall be filed with the Director of Community Development. 10.03 TENTATIVE MAP. DATA REQUIRED AND DESIGN. The proposed subdivision design and improvements shall comply with the requirements of Sections 5, 6 and 7 herein. The following data shall be shown on the tentative subdivision map or maps: a. A plan indicating the location of the proposed subdivision in relation to the surrounding area or region, to a minimum scale of 1" = 1000' Said plan shall show land use in surrounding area. b. Name and address of record owner and subdivider. c. Name, address and license number of land surveyor or registered civil engineer who prepared said tentative map. 30. CENTRAl RECORD~ FILE ...................... d. Date, north point (generally pointing up on the map) and scale. Minimum scale 1" = 100' or as otherwise approved by the City Engineer. Minimum map size eighteen inches (18") by twenty-six inches (26"). e. Title of proposed subdivision and of all adjacent subdivisions. Locations of, names and widths of adjacent streets, highways, lanes and ways, and easements of all kinds, together with the type and location of street improve- ments thereon, including fire hydrants and street light locations. f. The contour of the land within the proposed subdivision and extending approximately two hundred feet (200') into adjacent properties at intervals of one foot (1') of elevation up to five percent (5%) slope; two foot (2') intervals up to ten percent (10%) and five foot (5') intervals over ten percent (10%), as required by the City Engineer. g. Sufficient data to define the boundaries of the tract, or a legal description of the tract and blue border on reverse side of map to indicate tract boundaries. The tentative map shall show probable sequence of multiple final maps. h. Width, approximate location and purpose of all existing and proposed easements and adjacent easements adjoining the subdivision. i. The width and approximate grade of all streets, highways, lanes and other rights-of-way whether proposed for dedication or not. j. The approximate radii of all curves. k. All lots numbered consecutively throughout the entire develop- ment. The approximate dimensions of all lots shall be shown and the approximate lot areas shall be shown for all parcels not rectangular in shape. 1. The approximate locations of areas subject to inundation by storm water overflow, and the location, width and direction of flow of all cENTRAL RECORD~ 31. water courses existing and proposed. m. The location and outline to scale of each existing building or structure, including underground utilities, within the subdivision, noting thereon whether such building or structure is to be removed or remain. The existing and proposed future use of said building or structure shall be shown on the tentative map. n. Approximate elevation of street intersections. o. The location, pipe size and approximate grades of proposed sewers, water lines and underground storm drains, including the proposed location of fire hydrants, street lights, gas mains, power, communications and TV cables and equipment. p. The location of all trees over four inches (4") in diameter at the base of tree (where stands of trees are located individual trees need not be shown, but may be shown as a group). q. The location of existing fences, ditches, wells, sumps, cess- pools, reservoirs, sewers, culverts, drain pipes, underground structures, utility lines and sand, gravel or other excavation within two hundred feet (200') or any portion of the subdivision, noting thereon whether they are to be abandoned or used. 10.04 STATEMENTS. The following statements, reports and information shall accompany the tentative map or shall be placed on said map: a. The existing zoning and proposed use of the subdivision. b. A preliminary soils report, prepared by a civil engineer registered in this State, and based upon adequate test borings. The requirement for a pre- liminary soils report may be waived by the City Engineer if it is determined that, 32. CENTRAL RECORDS based on the information available to him concerning soils qualities of the soils of the subdivision, a preliminary analysis is not necessary. If a soils report is prepared, it shall comply with the requirements set forth in Chapters 29 and 70 of the Uniform Building Code Ordinance of the City of South San Francisco. c. If the preliminary soils report, as required by Section 10.04(b) herein, indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City Engineer. Such soils investigation shall be done by a civil engineer registered in this State, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists. The City Engineer may require these recommendations to be incor- porated in the construction of each structure as a condition to the issuance of any building permit. A statement of the method by which the subdivider proposes to de control erosion. e. A statement indicating the improvements to be constructed by the subdivider, as required in Sections 6 and 7 herein and other ordinances of the City. posal. f. The depth of front yards and building setback lines. g. The proposed source of water supply and method of sewage dis- h. The type and size of tree planting to be installed. i. A statement indicating proposed public areas to be dedicated or scenic easements proposed. 3¸3. j. The type and location of street lighting proposed. k. A statement indicating the proposed development of lots (whether for sale as lots or fully developed house and lot). 1. A statement indicating the subdivision purpose (whether for sale, lease or financing). Four (4) copies of the preliminary title report. Justification and reasons for any exceptions to the provisions me of this Ordinance. o. The subdivider shall submit a copy of a letter to each serving utility agency requesting submission of utility easement requirements and a copy of the reply from each affected utility agency. p. A geological report shall be required in any area, so deter- mined by the City Engineer, where there are known geological hazards. 34¸ CEtq T);~AL RECORD~t 10.05 COVENANTS. Three (3) copies of any condition, restrictive reservation or covenant existing or proposed shall accompany the tentative map. 10.06 TENTATIVE MAP. COMPLETENESS AND FILING. A tentative map shall be considered complete for consideration after submission of the required maps or sketches, together with all supplemen- tary data to the Secretary of the Planning Commission. If the tract is a portion of a larger area which may be subdivided later, the tentative map shall roughly indicate the ultimate plan for the whole. 10.07 Twenty-five (25) copies of the tentative map and statements con- cerning the proposed subdivision of any land shall be presented to the Secretary of the Planning Commission at least thirty-five (35) days prior to the Planning Commission meeting, together witha filing fee of Five Hundred Dollars ($500.00), plus Twenty-Five Dollars ($25.00) for each lot or dwelling unit in the proposed subdivision, whichever is greater. 10.08 DISTRIBUTION OF COPIES. Upon the filing with the Secretary of the Planning Commission of a tentative map and the requisite number of copies thereof, he shall forthwith transmit copies thereof to the following departments or officers: Director of Community Development, City Engineer, Chief Building Inspector, Director of Parks and Recreation, Police Chief, Fire Chief, the District Engineer of the Division of Highways, Department of Public Works of the State of California, if affected, the Superintendent of the South San Francisco Unified School District, and each serving utility. 35. CENTRAL RECORD:~ 10.09 The date of the actual filing of the tentative map, for purposes of this Ordinance, shall be the date of the next succeeding closing of the agenda of the Planning Commission meeting following the presentation of said map to the Secretary of the Planning Commission. The Planning Commission shall submit to the City Council its written report advising approval, conditional approval or disapproval of the tentative map within thirty(30) days after the filing thereof with its Secretary, unless that time period is extended by mutual consent of the developer and the Planning Commission. Such report shall set forth in detail the reasons for the recommendation made and shall state all specific conditions recommended for a conditional approval. 10.10 At the next regular meeting of the City Council following the filing of the Planning Commission's report with it, the City Council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within thirty (30) days thereafter. The City Council shall approve, conditionally approve or disapprove the tentative map within such thirty (30) day period. 10.11 The City Council may, in addition to any other causes therefor, disapprove a tentative map because of flood or slide hazards and may require protective improvements to be constructed as a condition precedent to approval of the map. 10.11.1 The City Council shall determine whether the discharge of waste from the proposed subdivision into the existing City sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 of the State of California Water Code. In the event the City Council finds that the proposed waste dis- 36. CENTRAL RECORDS charge would result in or add to violation of requirements of such Board, it shall disapprove the tentative map or maps of the subdivision. 10.12 IMPROVEMENT PLANS, ALL SUBDIVISIONS. After the approval by the City Council of the tentative map of any subdivision, the subdivider shall furnish the following information to the City Engineer. No final map shall be submitted for consideration of the Planning Commission or of the City Council until the improvement plans have been approved by the City Engineer. No improvement plans shall be considered finally approved until approval of the final map by the City Council. a. Three (3) copies of a grading plan showing existing and pro- posed contours, typical cross sections and finished grades of all lots, roads, streets and highways in the proposed new subdivision. b. Three (3) copies of plan and profile drawings of all streets, including sewer and drainage improvements and other utilities. All tracings or duplicate tracings shall be filed with the City Engineer. Three (3) copies of final improvement plans and specifications. Scale of plans shall be 1" = 40' horizontally; l" = 4' vertical in profile, unless otherwise approved by the City Engineer; and all plans shall be twenty-four inches (24") by thirty-six inches (36") in size. Three (3) copies of all contract construction drawings. c. Estimated costs of improvements to be dedicated to the City or other public agency or any other conditions of approval of the subdivision. Such estimates to be verified by the City Engineer. d. Any other pertinent information required by the conditional approval of the City Council or by the City Engineer, including a soils report on filled areas or areas proposed to be filled, and in all street and lane 3¸7. CENTRAL RECORDS FIt.~ ~o,~~''j'~ ' .... rights-of-way at intervals not exceeding one thousand feet (1,000') and/or any change in soils conditions. The soils report and analysis will be in accordance with methods approved by the State of California for "R" values, sieve analysis and sand equivalent, and will comply with Sections lO.04(b) and (c) herein. SECTION 11. FINAL MAP. 11.01 TIME LIMIT. Within twelve (12) months after approval or conditional approval of the tentative map or maps by the City Council, the subdivider may cause the subdivision or any part thereof to be surveyed and a final map to be prepared in accordance with the tentative map as approved or conditionally approved. Streets and easements needed for access to any such part shall be shown on the final map and dedicated if required. 11.02 Upon application of the subdivider to the City Council, an exten- sion of not exceeding twenty-four (24) additional months may be granted by the City Council. 11.03 Any failure to record a final map within twelve (12) months from the approval or conditional approval of the tentative map, or any extension thereof granted by the City Council, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted. 11.04 FINAL MAP FORM. The final plan or map shall be made to a scale of 1" = 100' or larger, using more than one sheet if necessary to furnish the desired space. The original shall be legibly drawn in black ink upon tracing cloth or Polyester base film of good quality, and the size of the sheets shall be eighteen inches (18") by twenty-six inches (26"); all sheets shall have a margin of one inch (1") CENTRAL RECORDS at all four edges. Ink used on Polyester based film shall be coated with a suitable substance to assure permanent legibility. All letterinq shall be a minimum of one-tenth inch (1/10") in height. 11.05 Each sheet shall be numbered, and the total number of sheets comprising the map shall be shown on each of the sheets and the relation of one sheet to another clearly shown. If more than two (2) sheets are necessary for the map, an index map shall be required. 11.06 The title of each such final map shall consist of a tract name and "In the City of South San Francisco." The title shall be located in the lower right hand corner of all sheets of the final map. 11.07 The map or maps, or the title sheet, shall also contain a sub- title giving a general description of the property being subdivided by reference to maps which have been previously filed or recorded, or by reference to the plat of the United States Geological Survey. Each reference in such description, to any tract or subdivision, shall be spelled out and worded identically with the original record thereof, and references to book and page of record must be complete. 11.08 FINAL MAP - DATA REQUIRED. The final map shall show the following: a. Boundaries and Streets. The exterior boundaries of the property (shown in blue, 1/8" wide); the border lines and centerlines of all proposed streets and lanes with their widths and names; and other portions intended to be dedicated to the public use. b. Adjacent Streets. The lines of all adjoining properties and a description of said properties acceptable to the City Engineer as reasonably 39. CENTRAL RECORDE~ adequate to enable him to identify said properties, the lines of adjacent streets and lanes, showing their widths and names. Each street and lane shall be named. c. Lot Lines and Numbers. All lot lines and numbers for all lots, easements and their purposes. All lots are to be numbered consecutively throughout the subdivision, starting with the No. 1. d. Dimensions. All dimensions, both linear and angular, for locating boundaries of subdivisions, lots, streets, lane lines and easements. The linear dimensions shall be expressed in feet and hundredths of a foot. No ditto marks shall be used. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so desig- nated. The map shall show the definite location of the subdivision, and particu- larly its relation to surrounding surveys. The location of a designated "remainder" parcel shall be indicated, but need not be indicated as a matter of survey but only by deed reference to the existing boundaries of such remainder if such remainder has a gross area of five (5) acres or more. e. Monuments. All permanent monuments installed, or proposed to be installed, in accordance with Section 5.06, together with their descriptions showing fully and clearly their location and size, and if any points were reset by ties, that fact shall be stated. All survey and mathematical information and data necessary to locate all monuments to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. 40. CEI'~T~AL RECORD~ f. Title and Description. Title and description of property being subdivided, showing its location and extent, north arrow, scale of plan, basis of bearing and name of owner of the land and of engineer or surveyor platting the tract. g. The boundaries of any areas within the proposed subdivision which are subject to periodic inundation by water. h. Private Restrictions. Any private restrictions shall be shown on the plat or reference to them thereon; and the plats shall contain proper acknowledgment of owners and mortgagees accepting said platting and restrictions. i. City Boundaries. City boundaries which adjoin the subdivision shall be clearly designated and located in relation to adjacent lot or block lines. No lot shall be divided by a City boundary line. j. Title sheet shall indicate where vehicular access rights have been surrendered on adjacent streets. k. The allowable error of closure on any portion of a final map or parcel map shall be 1/20,000. 1. Proposed or existing public easements shall be shown on the map. Such easements shall be identified as public utility easements or easements for other public purposes with the specific public purpose being indicated. m. At the time the subdivider presents the final map to the City Council, there shall be presented certificates executed respectively by the various public utility companies authorized to serve in the area of the sub- division, certifying that satisfactory provisions have been made with each of said public utility companies as to location of their facilities, and that saris- 41. factory easements have been provided. CEIN'i'r~AL IRECORD~I; FI LE N 0.:~,~/~ n. When a soils report, a geologic report or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report and the location where the reports are on file pursuant to Section 66434.5 of the Government Code. o. In the event that an owner's development lien has been created pursuant to the provisions of Article 2.5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code on the real property or portion there- Of subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the County Recorder's Office in which the resolution creating the owner's development lien was recorded. The notice shall state that the property subdivided is subject to an owner's develop- ment lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner's development lien on a per acre or portion thereof basis. 11.09 ADDITIONAL MATERIAL. The following additonal material shall be submitted with the final map: ll.lO GUARANTEE OF TITLE. The subdivider shall furnish to the City Council a guaranty of title or letter from a competent title company, certifying that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided and all acknowledgments thereto appear on the proper certificates and are correctly shown on said map, both as to consents as to the making thereof and affidavits of dedication where necessary. Such guaranty shall be issued for the 42. CENTRAL RECORDS the benefit of the City of South San Francisco and protection of the City Council and shall be continued complete up to the instant of recording. 11.11 IMPROVEMENT AGREEMENT. The subdivider shall, as a condition precedent to approval of the final map, file an agreement for all improvements as herein required, and as may be further required by the City Council or by law, and shall secure the perfor- mance thereof by a good and sufficient surety bond executed by a responsible surety company to be approved by said Council, or an instrument of credit approved by said City Council; or in lieu of such surety bond or instrument of credit, a cash deposit; which bond, instrument of credit or cash deposit shall be in an amount e§ual to the cost of the improvement and conditions of approval of the map as approved by the City Engineer; provided that there be no reduction in the amount of any bonds or instrument of credit unless approved by the City Council after a report and recommendation by the City Engineer; provided, how- ever, that the subdivider may, at the option of the City, in lieu of such bond, instrument of credit or cash deposit, secure the faithful performance of the above agreement in the manner and condition as provided by Section 66499 of the Government Code and all other laws applicable thereto. 11.12 The developer shall file a request for a method of reimbursement for proposed off-site improvements that benefit properties other than his own, and such method of reimbursement shall, if approved, be included in the sub- division agreement approved by the City Council. 11.13 The agreement shall also provide for inspection of all improvements by the City Engineer and reimbursement to the City for the cost of such inspec- tion by the subdivider. Said cost of inspection shall be secured by a cash deposit with the City of South San Francisco in the amount of two percent (2%) CENTRAL RECORDS 3e IIII i ~1 of the estimated cost of subdivision improvements. 11.14 'Upon the installation and completion of all public improvements to be made by the subdivider, and prior to the approval and acceptance thereof by the City, the subdivider shall execute and file with the City a written agree- ment whereby he shall agree to repair or replace, at his own expense, any work of public improvement (including, but not limited to, streets and highways, drainage structures, curbs and gutters, sidewalks, sewers, water mains and fire hydrants, street trees, street lighting and street signs and railroad crossings) which shall at any time during the two (2) year period subsequent to the date of approval and acceptance thereof, prove to be defective or which shall become damaged by differential settlement, action of the elements or through ordinary usage. The subdivider shall also file with the aforesaid agreement, to assure his full and faithful compliance therewith, a bond for such sum as the City Council may deem sufficient to cover the cost of repairing or replacing said improvements, including the cost in inspection; provided, however, that the amount of such bond shall not be less than ten percent (10%) of the total cost of all public improvements installed within the subdivision nor more than twenty-five percent (25%) of such total cost. Such bond shall be executed by a surety company authorized to transact a surety business in the State of California and must be satisfactory to, and be approved by, the City Attorney as to form. In lieu of said bond, the subdivider may deposit with the City Treasurer cash money in an amount fixed, as aforesaid, by the City Council. In the event the subdivider shall fail to make the repairs or replacements specified above, in this subsection, then the City may make the necessary repairs or replacements or cause the same to be done, and thereafter call upon the surety or the subdivider for reimbursement. 44. CENTRAL Ill ll.15 TAXES. Prior to the recordation of the final map, the subdivider shall file with the Clerk of the County of San Mateo certification from the official computing redemptions in San Mateo County and in the City of South San Francisco showing that, according to the records of his office, there are no liens against the subdivision or any part thereof for unpaid State, County, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the Clerk of the County of San Mateo a certificate by each proper officer, giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable. Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the Board of Supervisors a good and sufficient bond to be approved -by the Board and by its terms made to inure to the benefit of the County upon the payment of all State, County, municipal and local taxes and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property but which are not yet payable. In lieu of a bond a deposit may be made of money or negotiable bonds in the amount, and of the kind approved for securing deposits of public money, with the approval of the Board of Supervisors of said County. 11.16 PROCEDURE FOR SUBMITTING FINAL MAP. Completion. A final map shall be considered complete for sub- mission when it complies with Section 11.01 through 11.14 herein, and is 45. FILE ~40. ~ accompanied by the statements, agreements and security required. No final map shall be considered acceptable for submission to the City Council until the City Clerk receives a statement in writing from the City Engineer that the final map complies with all the requirements of this Ordinance and the Subdivision Map Act and said map is ready for submission to the City Council, and a statement from the City Attorney that a title report, deed restrictions and improvement agreement have been reviewed and approved by him and are ready for submission to the City Council. 11.17 SUBMISSION OF FINAL MAPS. The subdivider shall submit the following to the City Engineer when all of the requirements of Section 11.16 are met: a. Twelve (12) blue line copies, original tracing on linen or Polyester base film of good quality and twenty (20) eight and one-half inches (8½") by eleven inches (11") reduced copies of same; boundary traverse map, approved; improvement plans; and a checking fee of Five hundred Dollars ($500.00), plus Ten Dollars ($10.00) for each lot, for such detailed examination of final maps and field checking as may be necessary for the City Engineer to make his required certification, together with the necessary recording fee. b. The approved title guarantee, deed restrictions, improvement agreement, recording fee and bond adequate to cover all required improvements. 11.18 DEPARTMENT APPROVALS: Within thirty (30) days after submission, the following functions shall be completed. 11.19 PRINTS AND DISTRIBUTION. Upon the submission of a final map with the City Engineer, he shall immediately transmit as follows: One (1) print to the City Attorney, 46. CENTRAL RECORDS one (1) print to the Fire Chief, one (1) print to the Director of Community Development, one (1) print to the Director of Parks and Recreation, one (1) print to the Chief of Police and shall retain seven (7) prints himself. 11.20 The City Engineer shall examine the final map. If he shall deter- mine that the surveys are correct and that said map is technically correct, sub- stantially conforms to the tentative map and conditions imposed thereon and any approved alteration thereof, and to the provisions of this Ordinance and the Subdivision Map Act, he shall execute the map as required and forward said map to the City Council for their consideration. If he shall find that full con- formity has not been made, he shall so advise the subdivider and afford him an opportunity to make the necessary changes. 11.21 When filing is completed and approved as outlined, the City Engineer shall present to the City Clerk for consideration by the City Council the following as provided by the subdivider: An original linen or one (1) duplicate transparency on Polyester base film suitable for reproduction, five (5) prints and all accompanying statements, agreements and security required. At that time the final map shall be deemed to have been "filed" with the City Council for purposes of Sections 66457 and 66458 of the Government Code. 11.22 APPROVAL BY CITY COUNCIL. Upon presentation of the map and all required materials by the City Clerk as aforesaid, at its next regular meeting or within a period of not more than ten (10) days after filing, the City Council shall consider said map, the plan of subdivision, the offers of dedication, the proposed agreement and all related matters. The City Council may reject any or all offers of dedica- tion or require dedication of all proposed streets and easements. In the event that improvements are required under the terms of this Ordinance or by law, the 47, City Council shall approve an inprovement agreement and require adequate security for the performance thereof. 11.23 After the City Council shall determine that said map is in con- formity to the requirements of this Ordinance, it shall approve said map by resolution. In case the City Council shall determine that said map is not in conformity with the requirements of this,Ordinance, it shall disapprove said map, specifying reasons therefor and advising the subdivider of such disapproval. Within the time limits of the conditional approval or any extension thereof the subdivider may file with the City Clerk a map altered to meet with approval of the City Council and which shall conform with the procedures specified. 11.24 RECORDING. The City Clerk, after approval by the City Council, and after signatures and seals have been affixed, shall transmit the final map to the Clerk of the County Board of Supervisors for ultimate transmittal to the County Recorder. Said transmitted final map shall consist of one cloth print and one permanent record, either on tracing cloth or polyester based film. No map shall have any force or effect until it has been approved by the City Council, and no title to any property described in any offer of dedication shall pass until recordation of the final map. No building permit shall be issued until the final map has been recorded by the County Recorder and a reproducible "mylar" copy of the recorded final map is filed for reference in the office of the Department of Public Services. SECTION 12. MINOR SUBDIVISION PROCEDURE. 12.01 FILING. a. Where required by the provisions of this Ordinance, tentative 48. CENTRAL RECORD:~ I='! k~' NO.: ......................... maps and parcel maps, as set out in the Subdivision Map Act, shall be prepared and filed with the Secretary of the Planning Commission at least thirty-five (35) days prior to the Planning Commission meeting. Tentative maps must be filed with a filing fee of Five Hundred Dollars ($500.00), plus Twenty-Five Dollars ($25.00) for each lot or dwelling unit, whichever is greater. b. In accordance with Government Code Section 66428, the requirement for a parcel map shall be waived by the Planning Commission if it finds that the proposed division of land complies with such requirements as may be established by the Subdivision Map Act or the provisions herein or other relevant local Ordinances as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection and other requirements of the Subdivision Map Act and this Ordinance. In the event the requirement of such parcel map is waived, in accordance with Government Code Section 66428, a tentative map shall be required. 12.02 TENTATIVE MAP - DATA REQUIRED AND DESIGN. a. Design and Improvements. The design and improvements of property divided by the use of this Section shall be governed by Sections 5, 6 and 7 herein. b. Tentative Map Information. A legible, tentative map drawn to scale on a sheet eighteen inches (18") by twenty-six inches (26") in size on tracing paper shall be prepared'and submitted showing: (1) Name, address and Phone number of record owner and person filing the map; the ~parcel map number of the proposed subdivision, and the name, address and license number of land surveyor, registered civil engineer or other qualified professional who prepared said tentative map. CENTRAL RECORD~ (2) Name and legal designation of tract or grant in which the subdivision is located and ties to adjoining streets. (3) Any other data necessary for the intelligent interpreta- tion of the conditions existing and the location of recorded points, property and right-of-way lines and areas shown including, but not limited to: (a) The contour of the land within the proposed Sub- division and extending approximately two hundred feet (200') into adjacent properties at intervals of one foot (1') elevation up to five percent (5%) slope; two foot (2') intervals up to ten percent (10%) slope; and five foot (5') intervals over ten percent (10%) slope, as required by the City Engineer. (b) Sufficient data to determine boundaries of division accurately; (c) Width, location and purpose of all existing and proposed easements; (d) Location and dimensions of all existing structures; (e) The width and grade of all streets and other rights- of-way whether proposed for dedication or existing; (f) The approximate radii of all curves; (g) The location of areas subject to flood inundation; (h) Approximate elevations of street intersections; (i) The location, size and grades of proposed sewers, water lines and storm drains; and (j) Location of all proposed fire hydrants, street CENTRAL RECORDS 50. lights and easements. 12.03 STATEMENTS. Accompanying the tentative map shall be the following: (1) A statement by the subdivider as to drainage, surfacing or other required improve- ments to be constructed by him; (2) whether proposed roads, widenings or street openings are offered for separate dedication; (3) copies of a preliminary title report on subject property; (4) statement of existing zoning and proposed use; (5) statement and report on soil tests of geologic report, if required by the City Engineer, which report shall comply with the requisites of Sections lO.04(b) and (c) of this Ordinance. 51. CENTRAL RECORDS 12.04 FILING AND ACTION ON TENTATIVE MAP BY PLANNING COMMISSION. One (1) reproducible tracing and twenty (20) copies of the tenta- tive map and statement regarding proposed improvements shall be filed with the Secretary of the Planning Commission at least thirty (30) days prior to the time at which action by the Planning Commission is expected. The Secretary of the Planning Commission shall immediately transmit a copy of said map to the Director of Community Development, City Engineer, Director of Public Services, Chief Building Inspector, Fire Chief, Chief of Police, Director of Parks and Recreation and to each public utility serving the general area of the proposed minor subdivision. 12.05 The City Engineer and other officers or departments shall review said map and shall make a report and recommendations to the Planning Commission. 12.06 The subdivider shall submit proof of the adequacy of the proposed easements at the time of filing the tentative map, and any utility company con- cerned may make a report to the Planning Commission as to the adequacy of the proposed easements. 12.07 Any lots created by a minor subdivision approved by the City shall eliminate any previously recorded lot lines which fall within said minor sub- division. 12.08 ACTION ON TENTATIVE MAPS. The Planning Commission shall, based upon a report of the City Engineer and reports from other appropriate department heads, determine whether the tentative map is in conformity with provisions of the Subdivision Map Act and this Ordinance as to design, drainage, utilities, road improvements and offers of dedication or deed. Upon this basis they shall, within thirty (30) 52. CENTRAL- REcoRD5 days of receipt of the aforementioned reports, approve, conditionally approve or disapprove said map. Any such approved tentative map shall meet the require- ments for a parcel map. 12.09 EXTENSION OF TIME. The time limits for acting and reporting on a tentative map for a minor subdivision, as provided in this Ordinance, may be extended upon mutual consent, in writing, of the person filing the map and the Planning Commission. 12.10 Appeal from the action of the Planning Commission must be made in writing by the applicant to the City Council within fifteen (15) days from the date of receipt of notice of action of the Planning Commission. 12.11 CITY COUNCIL ACTION ON APPEAL - TENTATIVE MAP OF MINOR SUBDIVISION. The City Council shall hear any appeal within fifteen (15) days or at its next succeeding regular meeting after filing thereof. If the City Council fails to act within seven (7) days following said hearing, the action of the Planning Commission shall be deemed as final, unless this time period is extended by mutual consent of the subdivider and the City Council. PARCEL MAP 12.12 LIMITATION OF APPROVAL. The approval or conditional approval of a tentative map shall be valid for a period of twelve (12) months from the date of approval by the Planning Commission or City Council. Such approval or conditional approval may be extended for a period not to exceed twenty-four (24) additional' monthsby the Planning Commission upon written request, providing such request is submitted to the Secretary of the Planning Commission prior to the expiration of the one (1) year approval or conditional approval period. CENTRAL RECORD~ 12.13 Any failure to record a parcel map within one (1) year from the approval or conditional approval of the tentative map, or prior to ~the expi~ration of any extension~thereOf 'granted, shall terminate all proceedings. 12.14 A parcel map shall be prepared in conformance with the approved tentative map and presented to the Planning Commission after a certificate has been executed by the City Engineer, and the registered civil engineer or licensed land surveyor who prepared the map, certifyin~ compliance with all con- ditions of approval. 12.15 The parcel map shall meet all requirements of a parcel map, as set out in the Subdivision Map Act and this Ordinance, and when improvements or dedications are required, shall be accompanied by a quaranty of title, any separate instruments of dedication or deeds, and improvement agreement and bond, all as set out in Section 11.09 through 11.15. 12.16 SUBMISSION OF PARCEL MAP. A parcel map shall be considered complete for filing when a parcel map checking fee of One Hundred Dollars ($100.00) is paid to the Finance Depart- ment, and the parcel map complies with the Subdivision Map Act and this Ordinance and the following are filed with the City Engineer: Twenty (20) blue line prints, original tracing or duplicateonlinen or Polyester base film of good quality. 12.17 The City Engineer shall determine that said map is in conformity with the requirements of the Subdivision Map Act and this Ordinance; and if it is, he shall so certify on said map. In the case the City Engineer shall determine said map is not in conformity with the said requirements, he shall recommend dis- approval of said map. If the map is approved, and after seals and signatures are affixed, the City Engineer shall transmit any offers of dedication or agreement 54. to the City Council for approval and acceptance. After such approval, the City Clerk shall transmit the parcel map directly to the County Recorder for recordation. Said transmitted parcel map shall consist of one cloth print and one permanent record, either on tracing cloth or Polyester based film. No building permit shall be issued until the parcel map has been recorded by the County Recorder and a reproducible "mylar" copy of the recorded parcel map is filed for reference in the office of the Department of Public Services. SECTION 13. EXCEPTIONS FROM ORDINANCE AND SUBDIVISION ALTERNATE. 13.01 EXCEPTIONS. This Ordinance shall not apply to any parcel not conforming to the provisions herein, for which a deed is of record or for which a contract of sale was in full force and effect, and recorded prior to the effective date of this Ordinance, nor to any land dedicated for cemetery purposes under the Health and Safety Code. 13.02 SUBDIVISION ALTERNATE. Nothing contained in this Ordinance shall prevent any owner from processing a division of land as a subdivision. SECTION 14. ENFORCEMENT. 14.01 No building shall be constructed nor shall a permit for the con- struction of a building be issued, nor shall any portion of any parcel be used when not conforming to this Ordinance. SECTION 15. PENALTY. 15.01 Any offer to finance, lease, sell or contract to sell, or any financing of a division of land, lease or sale contrary to the provisions of this 55. CENTRAL RECORD~ FILE N O.: ~.~L.'~J Ordinance shall be a misdemeanor; and any person, firm, corporation, partnership or co-partnership, upon conviction thereof, shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprison- ment, except that nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which the City of South San Francisco or other political subdivision or person, firm, corporation, partnership or co-partnership may otherwise be entitled; and the City of South San Francisco or any other political subdivision, or person, firm, corporation, partnership or co-partnership may file an action in the Superior Court of the State of California, in and for the County of San Mate~ to restrain or enjoin any attempted or proposed sub- division or sale in violation of this Ordinance. 15.02 Any transfer or conveyance, or purported transferor conveyance, or agreement to transfer or convey any parcel of land without compliance with the terms of this Ordinance shall be voidable at the option of the transferee in accordance with the provisions of Section 66499.32 of the Government Code, as the same may be amended from time to time. SECTION 16. SEVERABILITY. 16.01 If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or uncon- stitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; and this City Council does hereby expressly declare that this Ordinance and each section, sub- section, paragraph, subparagraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more of such section, 56. CENTRAL RECORD~ subsection, paragraph, subparagraph, sentence, clause or phrase be declared invalid or unconstitutional. SECTION 17. REPEAL OF PRIOR ORDINANCES. The following Ordinances are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance hereby repealed prior to the effective date of this Ordinance: Ordinance No. 603, entitled "An Ordinance Regulating the Design, Improvement and Survey Data of Subdivisions and Certain Other Divisions of Land and the Form and Content of Tentative, Final and Parcel Maps Thereof: Providing Penalties for the Violation Hereof; and Designating an Advisory Agency; Said Ordinance Being Adopted Pursuant to the Sub- division Map Act as Amended, and to the General Powers of the City of South San Francisco, State of California," adopted February 2, 1970. Ordinance No. 619, entitled "An Ordinance Amending the Subdivision Ordinance of the City of South San Francisco by Adding Thereto Section 4.25," adopted June 21, 1971. Ordinance No. 692, entitled "An Ordinance Amending Ordinance No. 603 Entitled "Subdivision Ordinance of the City of South San Francisco" Adopted February 2, 1970, as Amended, Adding Sections 2.26 - 2.31 and 8.03 Establishing Condominium Regulations," adopted April 2, 1975. Ordinance No. 694, entitled "An Ordinance Amending the Uniform Fi re Code - 1973 Edition as Amended, and Particularly Section 13.301(d)," adopted June 4, 1975. Ordinance No. 742, entitled "An Ordinance Amending Section lO.16 of Ordinance 603, Subdivision Ordinance of the City of South San Francisco," adopted August 24, 1977. Ordinance No. 750, entitled "An Ordinance Amending Sections 9.07, lO.17(a), 11.01 and 11.18 of Ordinance No. 603, as Amended," adopted November 16, 1977. Ordinance No. 829, entitled "An Ordinance Amending Ordinance No. 603, The Subdivision Ordinance of the City of South San Francisco, as Amended," adopted July 16, 1980. Ordinance No. 851, entitled "An Ordinance Amending Ordinance No. 603, Entitled "An Ordinance Regulating the Design, Improvement and Survey Data of Subdivisions and Certain Other Divisions of Land and the Form and Content of Tentative, Final and Parcel Maps Thereof; Providing C~.[~TRAL RE<SORD~ Penalties for the Violation Hereof: and Designating an Advisory Agency; Said Ordinance Being Adopted Pursuant to the Subdivision Map Act as Amended, and to the General Powers of the City of South San Francisco, State of California," as Amended by Ordinance Nos. 691, 692, 742, 750 and 829," adopted April 1, 1981. SECTION 18. PUBLICATION AND EFFECTIVE DATE. 18.01 This Ordinance shall be published once in the "Enterprise-Journal," a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced this 6th day of May , 1981. Passed and adopted as an Ordinance of the City of South San Francisco at a n adjourned meeing of the City Council of the City of South San Francisco this 21st day of May , 1981, by the following vote: AYES: Councilmen Ronald G. Acosta, ~ark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Councilwoman Roberta Cerri Teglia NOES: None ABSENT: None ATTEST: /~ ~ Clerk~''City As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this 21Stday of I~ay , 1981. Mayor 58. CEi~ITRA1 RECORD:~ riLE NO,, ...~/~...,,,,/~?~