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HomeMy WebLinkAboutOrd 297-1950 F IL E D AN ORDINANCE ESTABLISHING SUBDIVISION REGULATIONS FOR THE CITY OF SOUTH S,~N FRANCISCO. ,t JUi'i 1 3 1950 The City Council of tile City of South San Francisco does ordain as follc~s: SECTION I. PURPOSE OF ORDINANCE: ADVISORY AGENCY 1.1 The purpose of this ordinance is to adopt sub- division regulations for the City of South San Francisco, State of California. 1.2 The planning commission of the City of South San Francisco, State of California, hereinafter referred to as the planning commission, is hereby designated ~s the advisory agency with respect to subdivisions as provided in the subdivision map act of the State of California. SECTION II. DEFINITIONS 2.1 Wherever, in this ordinance, the masculine gender is used, it shall be deemed to include the feminine gender and neuter gender, when the meaning so ires. Wherever the singular number/ is used, it shall be deemed to include the plural, when the meaning so requires. 2.2 "Owner" is the person, persons, firm or corporation hav- ing sufficient interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the law of the State of California and this ordinance. 2.3 "Subdivider" shall mean any person, persons, firm, corporation, or trust commencing proceedings ~uder this ordinance to effect a subdivision of land hereunder for himself or itself or for another. 2.4 "Subdivision" shall mean any l~nd or portion thereof shown on the last preceding tax roll as ~ unit or as a contiguous unit which is divided for the purpose of sale, whether immediate or future, by any subdivider. SECTION III. TENTATIVE 3.1 Filin~ and Departmental Approval 3.11 Six (6) copies of a tentative map and statement of the proposed subdivision of any land shall be filed with the planning commission at least fifteen (15) days prior to the meeting of said com- mission, at which consideration is desired, together with a filing fee of twenty-five dollars ($25.00) for any subdivision of five (5) or more lots. 3.12 The planning commission shall transmit copies of such tentative map to the works engineer, gas, electric, and water companies, and may transmit copies thereof to such heads of departments of the city as said commission may deem advisable. Upon receipt of a copy of such tentative map, each department head, to whom the same has been transmitted, shall examine the said map to ascertain whether it conforms to the requirements within the jurisdiction of such department head, and,~ within ten (10) d~ys after receipt thereof, each department head shall make a written report to the planning commission. If said map conforms to the requirements within the jurisdiction of such depart- ment head, he shall so state in his report to the planning commission. If said map does not conform to such requirements, such department head shall so state in said report, noting therein the particulars in which said map does not so conform. 3.2 Form of Tentative 3.21 Tentative maps shall be eighteen (18) by twenty- six (26) inches in size and to a scale of one(l) inch to one hundred (100) feet, unless otherwise approved by the planning commission, and shall be claarly and legibly drawn. 3.22 The tentative map of a subdivision containing less than five (5) lots shall shovel the.dimensions of the proposed lots and any other information deemed necessary by the planning commission. (2 3.23 The tentative map of a subdivision containing five (5) or more lots shall contain the following information: (a) ~'he subdivision name or number, date, north point, scale and'sufficient description to define the location and boundaries of the proposed subdivision. (b) Name and address of record owner or owners of said subdivision. (c) Name and address of the subdivider. (d) Name, business address and number of the registered engineer or licensed surveyor, who prepared the map of said subdivision, if any. (e) Sufficient elevations or contours to determine the general slope of the land and the high and low points thereof. (f) The locations, names, widths and approxi- mate grades of all roads, streets, highways and ways in the proposed subdivision and along the boundaries thereof. (g) The location and character of all existing or proposed public utility facilities in said subdivision or on said adjoining and contiguous highways, streets and ways. (h) The approximate widths, location and purpose of all existing or proposed easements. (i) Approximate lot lay-out and approximate dimensions of each lot. Each shall be nuxnbered. (j) The outline of any existing buildings to remain in place and their locations in relation to existing or proposed street and lot lines. (k) Approximate location of all trees stand- ing within the boundaries of proposed public rights of way. (1) .~.pproximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all water courses. 3.24 ~ The subdivision statement to accompany the tentative map shall be in written form and shall contain the follow- ing information: (a) Existing use or uses of the property. (b) 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 tentative map. (c) Statement of the improvements and public utilities proposed to be made'or installed and of the time within which such improvements are proposed to be completed. (d) Provision for sewerage and sewage dis- posal. (e) Public areas proposed, if any. (f) Tree planting proposed, if any. (g) Reasons for any exceptions to provisions of this ordinance. (h) TyPe and location of street lighting proposed, if any. 3.25 ~ copy of any restrictive covenants proposed shall be attached to the owner's statement. 3.3 Action o~ Tentative Map 3.31 The planning co~aission shall determine whether the tentative map is in conformity with the provisions of law and of this ordinance. Upon that basis, within thirty (30) days after the filing of the tentative map, the planning commission shall approve, con- ditionally approve, or disapprove the same and shall report such action directly to the subdivider and shall also transmit to the works engineer a copy of the tentative map, and a memorandum setting forth the action of the comm.ission thereon. (~ 3.32 The planning cor~lission may require the sub- divider to set aside or may suggest to the subdivider the advisability of dedicating an area not to exceed one acre which may be used as a site for a park, playground, school or other public building required for the use of the population. The owner shall be compensated by the City of South San FranciSco at the fair market value for any land required or dedicated for the purposes outlined herein when the area required exceeds one acre. 3.33 Where the proposed subdivision contains four (4) or less number of lots, all which face upon a dedicated street, a final map shall not be required. 3.34 The planning commission shall refuse to approve a tentative map when the only practical use, which can be made of the property proposed to be subdivided, is ~ use prohibited by ordinance or law, or if the property is deemed unhealthful or unfit for human habitation or oc~.upancy by the health department of the city. SECTION IV. FINAL ~P 4.1 FilinE 4.11 Except as provided in Section 3.33 and within one year after approval or conditional approval of the tentative map, the subdivider shall cause the subdivision and every part thereof, to be surveyed and a final map thereof prepared in conformity with the tentative map, as ~pproved or conditionally approved. The tracing and two blue line or black line prints of the final map shall be filed with the planning cor~nission. A checking fee of fifteen dollars ($15.00) shall be paid to said city upon filing the final map. An additional fee of fifty (50) cents per lot for each lot shown on the final map shall also be paid to the city. 4.12 At. the time of the filing of the final map with the planning commission, the subdivider shall ~lso file therewith the following: (a) In the event any dedication is made for the public use, a preliminary title report, issued by a title insurance company, in the name of the owner of the land, shall be filed with the city clerk for the benefit and protection of the City of South San Francisco, showing the names of all parties whose consent is necessary and 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. (b) Sheets and drawings showing traverse closeups and the computation of all distances, angles and courses shown on the final map, ties to existing and proposed monument's, and adjacent subdivisions. 4.2 Form of Final 4.21 The final subdivision map shall be clearly and legibly drawn upon tracing cloth of good quality. All lines, letters, figures, certificates and signatures 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, tt~t good legible blue prints and negatives can be m~de therefrom. The size of the sheets of tracing cloth shall be eighteen (18) by twenty-six (26} inches leaving a margin of two (2) inches of the left edge and one {1) inch at the other three edges of the sheets. The scale of the final map shall be one {1) inch to one hundred (100) feet, provided that a larger scale may be used~ when approved by the planning commission. 4.22 %Vhen the final map consists of more than two sheets, a key map showing the relation of the sheets shall be placed on sheet one. Every sheet comprising the map s~atl bear the scale, north point, legend, sheet~number, and number of sheets comprising the the map. 4.23 Wherever the works engineer has established a system of coordinates, then tl~e survey shall be tied into such system. The map shall show clearly what stakes, monuments or other evidences where found on the ground to determine the boundaries of the subdivision. The adjoining corners of all adjoining subdivisions shall be identified by lot and block n~dmbers, subdivision name and place of record, or other proper designation. 4.24 Sufficient date must be shown to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions of. lots shall be given as total dimensions, corner to corner, and shall be shown in feet and hundr,~dths of a foot. No ditto marks shall be used. Lots containing one acre or more shall show total acreage to nearest hundredth. Bearings and lengths of straight lines, and radii and arc lengths for all such curves as may be necessary to determine the location of the centers of curves and tangent points shall be shown. No lot shall contain any part of an existing or proposed public right of way. 4.25. Whenever the works engineer has established the center line of ~ street or alley, adjacent to or in the proposed subdivision the data shall be shown on the final map and shall indicate all monuments found and m~k~ reference to a field book or map. If the points were reset by ties, the source and detail or relocation da~a used by the works engineer shall be stated. 4.26 The map sLall show the location and description of all monuments found in making the survey of the subdivision. 4.27 In addition, the final map shall be prepared in full compliance with the following require~ents: (a) The final map shall show the line of high water, in case the subdivision is adjacent to a stream, channel or any body of water, and shall also show any area subject to periodic inundation by water. (b) Tile boundary of the subdivision shall be designated by a red border applied to the reverse side of the tracing (7 and on the face of the blue line prints. Such border sh~ll not interfere with the legibility of fi~ures or other data. (c) Streets and other rights of way. The maps shall show the center and .side lines of all streets, the width of all streets, the width of the portion being dedicated and the width of existing dedications, and the width each side of the center line, and also the width of railroad rights of way, appearing on the map. (d) The map shall show the side lines of all easements, to which the lots are subject. The easements m~mst be clearly labeled and identified and, if already of record, the recorded reference must be given. If any easement is not definitely loc=ted oi~ record~ a statement of such easement must appear on the title sheet. Easements for storm drains, sewers and other purposes shall be denoted by fine dotted lines. Building lines shall be in- dicated by dotted lines of the same width as the lines de- noting street boundaries. The width of 'the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision ~ust be shown. If an easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication. (e) City boundary lines crossing or bounding the subdivision shall be clearly designated and referenced. (f) Lot numbers shall begin with the number "1" or letter "A" and continue consecutively, without omissions or dupli- cations through out the subdivision. The numbers or letters shall be solid and of sufficient size and thickness to stand out, shall be so placed as not to obliterate any figure and shall not be enclosed in any design. Each block in its e~tirety shall be shown on one sheSt. Where adjoining blocks appear on sep~'ate sheets, the street adjoining both blocks shall be shown on both sheets co~'~plete with center line and property line d~ta. (h) The map shall also show all other data which are or m~iy be required by law. (i) The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, and all parcels offered for dedication for any purpose, public or private, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter. ~.3 Action on Final ~'~ap 4.31 Appr~¥al By Works Engineer. Upon receipt of the final map and other data submitted therewith by the planning commission, said map and data shall be referred to the works engineer, who shall examine the same to determine whether the subdivision, as shown, is substantially the same as it appeared on the tentative map, and any approved alterations thereof, whether all provisions of the law and of this ordinance, applicable at the time of approval of the tentative map, have been complied with, and whether he is satisfied tlc. at the map is technically correct. tf the works engineer shall determine that full conformity therewith has not been made, he sh~ll advise the subdivider of the changes or additions which must be made for such purposes and shall afford the subdivider an opportunity to m~ke such changes or additions. If the works engineer shall determine that full conformity therewith has been made, he shall so certify on said map and shall transmit said map to the planning co~mission. In the event a subdivision is partly in the city and partly outside the city~ the county engineer and the works engineer shall enter into an agreement by and with the consent of their respective governing bodies, provid- ing that the count~ engineer may perform the duties prescribed for (9 the works engineer in Zhis paragraph, or providing for an apportionment of such duties between them.. The county engineer, when by such agreement all such duties devolve upon him, may, after his performance thereof, make the aforesaid certificate upon said map and, when by such agreement said duties are apportioned between the county engineer and works engineer, it shall be sufficient, if each shall, after the performance thereof, make a certificate on said map, touching the duties performed by each, after which the map shall be transmitted to the planning commission. 4.32 ~pproval of planning commission. Upon return of the final map by the works engineer or county engineer, the planning commission shall examine the same to determine w~.ether said map conforms with the tentative map and whether all changes permitted and all requirements imposed as a condition to its accept.~nce have been made thereon. If the planning commis- sion shall determine not to reco~m~end 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. If the planning commission shall thereupon determine that said map is in conformity therewith and determines to recommend said map, it sh~il certify its approval thereon and shall transmit said map to the city clerk, together with any documents which ma~have been filed therewith for presentation to the city council. 4.33 Approval by city council. (a) At its first regular meeting follow- ing the filing of said map with the city clerk, as aforesaid, or within ten days following the filing thereof, the city council shall consider said map, the plan of subdivision and the offers of dedication. The city council m~y reject ~ny or all offers of dedication. If the city council shall determine that said map is in conformity with the requirements of this ordinance and that it is satisfied with the plan of subidivision, it shall approve said map. (b) When the subdivider shall have filed with the city clerk the agreement and bond, or made the deposit, required in Section &.& hereof, and when such ~greement and bond shall have been approved by the city attorney, as to form, and by the city manager us to sufficiency, the city clerk shall transmit the map to the clerk of the county board of supervisors. When all bonds or money required under the provisions of this ordinance to secure the pasnnent of taxes and assessments, which are a lien on any part of the subdivision but which are not yet payable, have been d~i~ with and approved by the board of supervisors, the final map shall be filed with the county recorder. (c) if the city council shall determine either that said map is not in conformity with the requirements of this ordinance or that it is not satisfied with the plan of subdivision, it shall disapprove said map, specifying its reason or reasons therefor~ and the city clerk shall, in writing, advise the subdivider of such disapproval and of the reason or reasons for such disapproval. Within thirty (30)~after the city council has disapproved any ~ap, the subdivider ~aay file with the planning co~mmission a map altered to meet the approval of the city council. In such case the subdivider shall conform to ~ll the requirements imposed upon him by this ordinance when filing the first final map with the planning co~ission, and the same proceedings shall be had thereon as are prescribed by this ordinance upon the filing of the first final map with the planning conmmission. (d) 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 p~ss until the recordation of the final map. &.& AKreement, Bond and Cash Deposits for Improvements. 4.&l Upon the approval by the city council of the final map, the subdivider shall execute and file an agreement between himself and the city, specifying the period within which he shall complete all improvement work to the satisfaction of the ( 11 works engineer, and providing that, if he shall fail to complete such work within such ~ riod, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improve- ments by the works engineer, and reimbursement of the city by the subdivider for the cost of such inspection. 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 th'e works engineer to be at least equivalent 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 subdivider may have made in lieu of providing a surety bond, ~s .provided by the next succeeding section; provided, however, that no such progress payment shall be made for more than ninety percent (90~) of the value of any installment of work and provided that each such installment of work shall be completed to the satisfaction of the works engineer. ~.~2 The subdivider shall also file with the afore- said agreement, to assure his full and faithful performance thereof, a bond for such sum as the city council may deem sufficient 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 and must be satisfactory to and be approved by the city attorney as to form and by the city manager ~s to sufficiency, in lieu of s~id bond, the subdivider may deposit witL the city treasurer cash money in an amount fixed as aforesaid by the city council. 4.43 In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this ordinance and the city shall have completed same, or if (12 the subdivider shall fail to reimburse the city for the cost of inspection, the city shall call on the surety for reimburse- ment, or shall appropriate from any cash deposits funds sufficient for reimbursement. In any such case, if the amount of the surety bond or cash deposit shall exceed all cost and expense incurred by the city, it shall release the remainder of such bond or 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 sub- divider shall be liable to the city for such difference. 4.44 No extension of time, progress payments from cash deposits, or releases of surety bond or c~sh deposit shall be made, except upon the certii~icate of the works engineer that, work covered thereby has been satisfactorily completed, and upon recommendatio~ of the city manager and approval of the city council. 4.45 The subdivider shall pay to said city a fee of fifty dollars ($50.00) for each lot shown on the final map, or agree in writing to be taxed to pay any indebtednesses or liability of the city contracted prior to the presentation of such final' map to the city council for approval. Such payment shall be made or such agreement shall be made by the subdivider before the city council may approve the final map. SECTION V. GENER~L REGUL~YTIONS ~ND DESIGN 5.1 Streets and Hi~hways 5.11 The street and highway design shall conform both in width and alignment to any ~qaster Plan of Streets and Highways approved by the city council, and the right of way for any street or highway indicated on said Master Plan shall ~be dedicated. 5.12 The street and highway design shall conform to any proceedings affecting the subdivision, which may have been approved by the city council. If a parcel of land to be sub- divided includes a portion of the right of way to be acquired for a public freeway or parkway, and the city council shall determine the boundaries of the right of way to be acquired, the subdivider (1) shall either dedicate or withhold from subdivision all the area included in said right of way. 5.13 The following general conditions shall apply to street and highway design: (a) 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 and shall be in general conformity with the plans of the city council for the most ~dvantageous development of the area in which the subdi- vision lies. (b) Streets shall be required to intersect one another at an angle as near to a right ~ngle as is practicable in each specific case. (c) Where necessary to give access to or to permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property and the resulting dead-end streets may be a~proved without ~ turn-around. In all other case~a a turn-around having a minimum radius of forty ~feet (40) feet shall be required. (d) Intersection Corner Rounding. Whenever a major street or state highway intersects any other street or highway, the property lines at each block corner shall be rounded with a curve having a radius of not less th~n thirty (30) feet. On all other street intersections the property line at each block corner shall be rounded with a curve h~ving a r~dius of not less than fifteen (15) feet. In either case, a greater curve radius may be re~uired if streets intersect other than at right angles. (e) Curve Radius. The center line curve radius on all streets and high~ays shall conform to accepted engineering standards of design and shall be subject to approval by the works engineer. (f) Grades of ~treets and ~ighways. ~io street or highway shall have a grade of more than twelve percent (12~$), unless, because of topographical conditions or other (14 exceptional conditions, the works engineer determines that a grade in excess of twelve percent (12%) is necessary. (g) Reserved strips controlling the access to public ways or minimizing values for special improvement assessments will not be approved, unless such strips are necessary for the protection of the public welfare or of substantial property rights, or both, a~d in no case, unless the control and disposal of~the land comprising such strips is placed definitely within the jurisdiction of the city under conditions approved by the city council. 5.14 Streets and highways not shown on any Street and Highway Plan or not affected by proceedings approved by the city council, shall not be of less width than those set forth hereunder, except where i% can be shown by the subdivider, to the satisfaction of %he planning con~ission, that the topography or the small number of lots served and the probable future traffic development are suci~ as to unquestionably justify a narrower width. Increased widths may be required where streets are to serve commercial property or where probable traffic conditions warrant such. Approval or determination of street or highway classifica- tion shall be made by the city council. (a) In major streets or highways, the minimum right of way width shall be eighty-six (86) feet in commercial areas and eighty (80) feet in residential areas. Pavement shall have a Width of sixty-six (66) feet, curb face to curb face. (b) In s. econdary streets or highways, the minimum right of way width shall be sixty (60) feet. A width up to eighty (80) feet may be required where a street may become a major street at some future date. Pavement shall have a width of forty (40) feet, curb face to curb face. (c) In other streets, the minimum right of way width shall be sixty (60) feet. Pavement shall have a width of thirty-six (36) feet, curb face to curb face. (d) In other streets, in cases of hill areas, the minimum right of way width shall be fifty (50) feet. Pavement (15 shall have a width of thirty-four (34) feet, curb face to curb face° (e) Cul-de-sac streets and service roads, when not over two hundred (200) feet in length, shall have a minimum right of way width of fifty (50) feet. Pavement shall have a width of thirty (30) feet, curb face to curb face. The radius of a cul-de-sac shall be forty (~0) feet. (f) Where there are two level streets, the minimum right of way width shall be sixty (60) feet, which may be varied according to grade. In cases of two sections of pavement, each section shall h~ve a width of eighteen (18) feet, curb face to curb face. 5.15 Service Roads and Off-Street Parking. When the fronts of any lots proposed for commercial usage abut on any major or secondary street or highway, the subdivider shall be required to dedicate and improve a service road, to provide ingress or egress to and from such lots, or in lieu thereof, if approved by the planning com~ission, the submivider may dedicate for public use and improve an area a?proved by the planning con~ission and adjacent to such lots, for off-street parking purposes. When the front of any lots proposed for residential usage front on any freeway, state highway or parkway, the subdivider shall dedicate and improve a service road at the front of such lots, unless such is already existent ~s a part of such freeway or parkway. In addition to any requirement for a service road, the city council may require adequate off-street parking areas for all lots proposed for commercial usage. 5.16 Non Access and Plantin~ Strips. When the rear of any lots border upon any freeway, state highway or parkway, the subdivider may be required to dedicate and improve a planting stip adjacent to such parkway or freeway. 5.17 Alleys. When any lots are proposed for commercial or industrial usage, alleys at least thirty-two (32) (16 feet in width shall be provided at the rear thereof for adequate ingress and egress for truck traffic. 5.18 Street Names. Ail street names shall be as approved by the planning commission. 5.19 Acre or ~'arge Lot Subdivisions. Where a parcel is subdivided into lots of one acre or more, the city council may require that the blocks shall be of such size and shape, and be so divided into lots, as to provide for the extension and opening of streets and alleys at such intervals as will permit a subsequent division of any parcel into lots of normal~ size. ~o2 Easements 5.21 The subdivider shall grant easements, not less than five feet (5') 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 the works engineer may determine that the purposes of easements may be accomplished by easements of less width. In such determination the works engineer shall prescribe the width of such easements. Easements for overhead wire lines shall be provided at the rear of all lots, except where alleys are available and in contiguous locations to permit of anchorage,~line continuity, ingress and egress. Dedication of easements shall be to the city for the purpose of installing utilities, planting strips, and for such other public purposes as may be ordered or directed by the city council. 5.3 Lots 5.31 The size and shape of lots shall be in con- fortuity with any zoning regulations effective in the area of the proposed subdivision ~nd shall not be less than forty (40) feet in width, nor less than three tLousand six hundred (3600) square feet in area; provided that, for corner lots, the width shall not be less than forty-five (~5) feet. The planning cor~nission may (17 recor~mend the granting of exceptions to ttiis provision, where lots are to be used for commercial or industrial purposes or where there are unusual topographical conditions, curved or cul-de-sac streets or other special conditions. 5.32 The side lines of all lots, so far as possible, shall be at right angles to the street which the lots face, or radial or approximately radial if the street is curved. 5.33 Building set-back lines shall be indicated by "dotted" lines on the final subdivision map. 5.34 Divided lots. No lot shall be divided by a city boundary line. 5.35 Lot ~u~bers. Lot nu~nbers shall begin with the number "l" in each block and shall continue consecutively throughout each block in the subdivision with no omissions or duplications. 5.36 Lots without frontage on a street will not be Permitted. 5.37 Lots, other than corner lots, may front on more than one street where necessitated by topographical or other unusual conditions. The width 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 ovn~ership, togopgraphical conditions or location of major or secondary highways justify or make necessary a variation from this requirement. 5.4 Walkways 5.41 The subdivider may be required to dedicate and improve walkways across long blocks or to provide access to school, park, or other public areas. 5.5 Water Courses 5.51 The subdivider shall, subject to riparian rights, dedicate a right of way for storm drainage purposes, conforming sub- stantially with the lines of any natural water course or channel, stream or creek that~ traverses the subdivision, or, ~t his option, (18 he shall provide by dedication other an8 sufficient easements or construction, or both, to dispose of such surface and storm waters. 0.6 Naster Plan 0o61 In all respects, the subdivision will be considered in relation to the Naster Plan of the city, or any part thereof, or preliminary plans made in a~ticipation thereof. 0.7 Deed Restrictions 0o71 A copy of the deed restrictions applicable to the subdivision shall be f~.led with the city clerk at the time of filing final map. 5.8 L~nd Subject to Inundatio~ 5.81 If any portion of any land, within the boundaries show~ on an~ such I'inal map~ is subject to overflow, inundation'or flood hazard by storm waters, such fact and said portion shall be clearly shown on such final map enclose~ in a border on each sheet of sa~d map° The city council may reject a tentative map, if the only practical use which can be made of the property, as proposed to be subdivided, is a use prohibited by a~y ordinance, or law~ or if the pro?ert~ is unhealthful for oCcupancy. SECTION VI. INPROVE~NTS 6.1 Standards and Approval 6.11 All improvements hereinafter mentioned shall conform to those required in the standard subdivisio~ improvement ~specifications~ which may be adopted by the city council, and may be i~ effect when the tentative map is fi~ed with the planning commission. 6.1E Improvement work shall not be commenced until plans ~n8 prof~les for such work have been submitted to and approve~ by the works engineer. Such plans may be required before approval of the final map. All such plans and profiles sh~ll be~epared on tracing cloth in accordance with the requirements of the works engineer, and shall be retained by the city. . . I 6.13 The following, regulations shall apply to imp~'~me~ts in a~y street, public highway or'public w~ in the City of South San Francisco, or the improvement of any parcel of land intended to be offered for dedication to said city as a public street, highway, or public way. General Provisions Before improvement work is cormr, enced, detailed plans, profiles, and specifications for said work shall be prepared by the works engineer. When the city council has approved, or conditionally' approved, such plans and specifications, the subdivider may proceed with the improvement work. All such work Shall be done under the supervision s. nd to the satisfaction of said works engineer and shall be subject to such inspection as he may deem mecessary to protect the best interests of the city. No improvement ~ill be accepted by the cit~,, nor will any public street, highway or public way offered by dedication be accepted by the cit~~ u~til such time as the work done thereon has been approved by the works engineer. '~'~'~.14 All underground utilities, sanitary sewers and storm drains installed in streets, service roa~s, alleys, or highways shall be constructed prior to the surfacing, of sach street, service roads, alleys, or highwa~'s. Service connections for all underground utilities and sanitary sewers shall be laid to such length as will obviate the necessity for disturbing the street or alley improvements, when service connectio~s thereto are made. A proper record of the above shall be indicated in improvement plans. 6.2 General Requirements 6o21 Streets and Highways. All streets and high- ways shall be graded and paved to cross sections ~nd graSes approved by the works engineer. The subdivider shall improve the extension of all subdivision streets, highways, or public wsys to the inter- secting paving line of a~y~u~t~ road, city street, or State highway. 6°22 Structures. Structures shall be installed, as deemed mecessar~ by the works emgineer, for drainage, access and public sa£ety. Such structures shall be placed to grades and shall be o£ a desig~ approved by the works engineer. 6.23 Curbs a~d Gutters. Curbs and gutters shall be inst~lled to grades, cross section, la~out and location approved by the works engineer. 6.~4 Sidewalks. Sidewalks shall be installed to grades, location widths and cross-section approved by the works engineer, provided that exception to this provision may be granted where topographical conditions make the installation of sidewalks impractical. 6.25 Sewers. Sanitar~ sewer facilities connecting with the existing cit~ or count~ sewer system shall be i~st~lled to serve each lot and to grades, locations, desigr and sizes approved by the works engineer. No s~ptic tanks or cesspools will be permitted. Storm water sewers shall be installed as required by the works engineer. 6,26 Water. Water mains and fire hydrants of design, la~out and locations approved by the works engineer, connecting to the water system, operated by the public utility serving the City of South San Francisco shall be i~stalled. The public utility shall show its ability to serve the proposed subdivision. 6.~7 Street Trees. Street trees m~y be required and, if so required, shall be a young tree of a species approved by the Superintendent of Streets and planted in locations ~pproved by him. 6.~$ Street Lighting and Street Signs. Street lighting may be required by the city council and the design and locations sh~ll be approved by the works engineer. Street signs shall be of a ~esign and location approved by the superintendent of streets. (21 6.29 Railroad Crossings. Provision shall be made for any and all railroad crossings necessar7 to provide access to or transportation within the proposed ~ubdivision, including the preparation of all documents necessary for applicstion to the California State Public Utilities Commission for the establishment and improvement of such crossings-. 6°3 ~onuments. 6.31 Permanent iron pipe mo~me~ts of a type approved by the works engineer shall be set at each boundary corner of the subdivision, along exterior boundaries at intervals of not over five hundred ($00) feet, at the beginning and end of property line curves, and at any other points as may be required by the works engineer. 6o$2 Concrete monuments, depressed below street grade, with cast iron ring ~nd cover of a type approved by the works engineer, shall be set at intersections of street centerline tangents and, where such intersects on private property, at the beginning ~nd end of the centerline curve. 6.33 Permanent elevation bench-marks, of a type approved by the works engineer and referring to the city datum, shall be set at each street intersection in the curb return or other location approved by the works engineer. 6;34 Any monument or bench mark, required by this o~di~ance, which is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider. 6.35 Complete field.~ notes, in s form satisfactory to the works engineer, showing refe~ nces, ties, locations, eleva- tions and other necessary data relating to monumeots and bench- marks set in accordance with the requirements of t~is ordinance, shall be submitted to the works engineer to be retai~ed by the city, as ~ permanent record. 6.36 ~onuments and bench-marks shall be set before (22 submission of the final map for city council approval, unless exception is recommended by the works engineer and approved by the city council. SECTION VII. EXCEPTIONS. 7.1 Application 7.11 The planning commission may-recommend that the city council authorize conditional exceptions to any of the require- ments and regulations set forth in this ordinance. Application for any such exception shall be made by a certified petition of the subdivider, stating fully the grounds of the applicatioR and the facts relied upon by the~ petitioner. Such petition shall be filed with the tentative map of the subdivision. In order that the pro- perty referred to in the petition maN- comewithtn the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto: (a) The special circumstances or conditions affecting said property, which may justify any exception. (b) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which said property is situated. 7.2 Planning Comr~ission Action ?.21 In recommending such exceptions, the planning commission shall endeavour to accomplish substantially the objectives of the regulations to which the exceptions are sought, as to light, air, and the public health, safety, convenience and general welfare. 7.22 In recommending the authorization of any exception under the provisions of this section, the planning commis- sion shall report to the city council its findings with respect thereto and all facts in connection therewith, ~nd shall specifically and fully set i~orth the exception recommended and the conditions designated. 7.~ City Council Action 7.51 Upon receipt of such report the city council (23 may, by resolution, authorize the planning co~ission to approve the tentative map, with such exceptions and conditions as the city council may deem Recessary to substantially accomplish the objectives of this ordinance. SECTION VIII. APPEAL 8.1 Notice 8.11 Appeal may be made to the cit~ council from any decision, determination or requirement of the planning commission or works engineer by filing a notice thereof in writing ~ith the city clerk within ten (10) days after such decision or determination or requirement is made. Such notice shall set forth in detail the decision or requirement, and the ground upon which the subdivider deems himself aggrieved. 8°2 Report 8.21 The city clerk shall report the filing of such notice to the planning commission and works engineer. A writte~ report sh~ll be submitted to the city council by the party whose decision, determination or requirement is upon appeal. 8°3 Action on Appeal 8.31 The city council, at its next regular meeting following the filing of said appeal, or within ten (10) days follow- ing the filing thereof, shall set said appeal for hearing to be held within ten (10) days thereafter. Such hearing may be continued by order of the city council. Upon the hearing of said appeal, the city council may overrule or modi£y 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 section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of the orminanc~. The .cit~ council of the City of South San Francisco hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and ~rase thereof, irrespective the the fact that any one or more other sections, subsections, clauses or phrases be declared invalid or unconstitutional. SECTIOE X. PENALTIES 10ol It shall be unlawful for any person, persons, firm, corporation or trust to offer to sell, to contract to sell, or to sell any subdivision of land or any part thereof in the City of South San Francisco, unless and until all the requirements herein- before provided have been complied with° 10.2 Any person, persons, firm, or corporation which shall wilfully violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor am, upon conviction thereof, sh~ll be punished by a fine ~ot to exceed five hundred dollars ($500°00) or by impriso~ent not to exceed six (6) months, or by both such fine and imprisonment. SECTION XI. PUBLICATION AB EFFECTIVE DATE This ordinance shall be published once in The Enterprise- South San Francisco Journal, a weekly newspaper printed and published in the City of South San Francisco, and shall take effect and be in force on the expiration of thirty (30) days after its adoption. Introduced this ls% day of May, 1950. Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this ~h day of ~y , 1950, by the following vote: Ayes, Councilmen ~ctor ~tdo, Char~s ~der, ~olph ~, Jose~ ~acco, Emile Corral Noes, Councilmen Absent, Councilmen Attest: City of So~.th San ~ranctsco CITY OF SOUTH SAN FRANCISCO COMPILATION OF SUBDIVISION ORDINANCE AMENDMENTS June 27,.1966 Copy No. Da=e Issu~ RESOLUTION NO. 4494 CITY COUNCIL, CITY OF SOUTH SA~ FRANCISCO, STATE OF CALIFORNIA A RE$OLUFIO~ ESTABLISHING PROCEDURE FOR ~AINTAINI~G COJiPII~TION OF AMEH~HTS TO ORDINANCES BE IT RESOLVED by tho City Council of the City of South San Francisco that tho £ollowinS procedure is here- by established £or mlN~ainin$ the compilation o£ amend- manes to City Ordinances: 1. The City Attorney shall file a master copy o£ the compilation with the City Clerk so that duplicate copies may be made therefr_oa for distribution. 2. The City Clerk shall distribu~e copies to City officers and emp~loyees, which copies should bo numbered and dated es of the date of distribution. A Log or register shall be mainta~ned shou~nS the number o£ ~he copy, name o£ distributes and date of delivery so that correction sheet8 may be accurately distributed. 3. The City officer or employee receivin$ correction sheet8 shall insert same in his copy of the compilation. 4. Copies sold to INtOEested parties shall have the date of distribution endorsed on tho copy, ~ersons so ac- quiring copies are advised that the compilation is subject to correction oN the adoption of amendins ordiuances and copies of the correction ob~,,ets will be av&$1able upon pay° inS the required £ee to tho City Clerk. ~. ~heN aN ordinance is passed amndinS the ZoniNS Ordinance, the City Attorney shill prepare a correction sheet toEether vith instructions and for~aed sam to the City Clerk fo~ d~li~tion a~ ~d~ dist=lbutio~ to the holders of the ~e~s~red copies. ~e correction sheets o~ll ~ in /omc 8~r to C~e s~ets p~esent- ~ ly in the co~ihtion. I hereby certify that the £ore$oin$ resolution was regularly introduced and adopted by tbs City Council of the City of South San Francisco at a regular matins held on the 20th d~y Of June , 196_~6 by the followinS vote: AYILS, COUHC~ Frank J. Bertucelli, Patrick E. ^hern, ~-mflio Cortesi, ^ndr~v Rocca and 6uido $. Rozzi HO~S, " N on e ABSF. I~ " ~one City Clerk ' 'COMPILATION OF ORDINANCE AMENDMENTS This is a compilation of amendments to Subdivigion Ordinance ~/797 . The exact text of each amended Section has been extracted from the amending ordinances list- ed in Table I and arranged in numerical order in the compil- ation, The ordinance source is noted in parenthesis at the . end of each section. A. CONTENTS OF THIS COMPILATION: 1. Table I, which shows in chronological order ordinances amending Ordinance No. 297 - Subdi¥tslon , correlated with the O'r'dip~lnrm · . section set forth in the compilation. 2. Section amendments extracted from amending ordinances and set forth in the main part o.f the compilation, commencing with. Section 3.35 · B. PURPOSE: · The purpose of this compilation is to provide a quick orderly reference to the Subdivision Ordinance and amendments pending codi~£cation. C. KEEPING COMPILATION CURRENT: A master copy of the compilation will be filed with the City Clerk so that duplicate copies may be made therefrom for distribution.. Copies distributed to City officers and employees should be numbered and dated as of the date of dist- ribution. A log or register should be maintained showing the number of the 'copy, name of dtstri- butee and date of delivery, so that correction sheets may be accurately distributed to keep up- to-date copies in possession of City officers and employees. Copies sold to interested'parties should have the date of distribution endorsed on the copy. Persons so acquiring copies are advised that the compilation is subject to correction on the adoption of amendin§ ordinances and copies of the correction sheets will be available upon paying'the required fee to the City Clerk. When an ordinance is passed amending the Subd~y~s~on Ordinance, the · . City Att?rney will prepare a correction sheet, to- : gether w~th instructions, and forward same to the City Clerk for duplication and immediate distrib- ' ution.>to the holders of the registered copies. The correction sheets will be in format similar to those sheets presently, in the compilation. Dated: June 97. 1966 -- JN:hs an Uity Attorney . TABLE I SUBDIVISION'ORDINANCE COMPILATION CORRELATION OF ORDINANCE AND SECTIONS ORDINANCE 298 332 542 548 3.35. The Planning Commission may as a condition of approval of a tentative map require a subdivider to offer to dedicate a'school site to a School District which maintains an elementary school under the terms and conditions set forth in Section 11525.2 of the Business and Professions Code. (O~d. #542-2/7/66) 4.34. Regulations for Dedication of land, payment of fees, or both, for park and recreational land in Subdivisions.' ~ (a) City defined; City as used in this Subsection shall mean the City of South San Francisco. (b) 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 Ordinance for the purpose of prOviding park and recreational fac- ilities to serve future residents of such Sub- division. (c) Application. Except Subdivisions for which tentative subdivision maps have been filed within thirty (30) days after the effective date of this Ordinance and Industrial Subdivisions, the pro- visions of this Ordinance shall apply to: 1. All Subdivisions, as that phrase is defined iu Sec. 11500 et seq. of the Business and Professions Code of the State of California. 2. Community Apartments and/or Condominiums. 3. Minor Subdivisions or lot splits. (d) 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,O00) persons residin~ within the City, be devoted to park and recreational purposes. (e) Population Density. Population density for the purpose of this Ordluauce shall be determined in accordance with the de~crip~ion of neighborhood densities embodied in the adopted Gener'al Plau~ to wit: 1. Single family dwelling units and duplexes 3.20 persons per dwelling unit. 2. Multiple family dwelling units 2.20 persons per dwelling unit. The basis for determining the total number of dwelling units sh~ll be the number of such units permitted by the City ou the property included iu the Subdivision at the time the final subdivision tract map is filed with the City Council for approval. (f) Amount of land to be dedicated. The amount of land required to be dedicated by a subdivider pursuant to this 0rdiuauce shall be based on the gross area included in the subdivision, determined by the following formu'la: DENSITY FORMULA: Net density per dwelling unit Percentage of the gross area of the subdivision required when park land is dedicated I D.U. per acre or more 0.60% I D.U. per 1/2 to 1 acre 1.20% I D.U. per 10,O00 sq. ft. to 1/2 acre 1.73% 1 D.U. per 9,000 to 9,999 sq. ft. 2.70% 1 D.U. per8]000 to81999 sq. ft. 3.01% 1 D.U. per6]000 to6, 999 sq. ft. 3.90% 1 D.U.' per 5,000 to 5.999 sq. ft. ~.58% 10 to 19 D.U.'s per acre 5.79% 20 to 29 D.U.'s per acre 9.30% 30 to 39 D.U.'s per acre 12.56%' 40 to 49 D.U.'s per acre ~ 15.58% 50 to 59 D.U.'s per acre 18.~0% 60 to 69 D.U.'s per acre 21.05% 70 to 79 D.U.'s per acre 23.5~% 80 to 89 D.U.'s per acre 25.85% 90 to 99 D.U.'s per acre 28.00% 100 D.U.'s and over' per acre 29.07% (g) Amount of fee in lieu of land dedication. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Subsection (f) hereof. The amount of such fee shall be a sum equal to the fair market value of the amount of land required iu accordance with the followin_~ formula: FEE FORMULA Net den.sity per dwellin_~ unit Sq. ft. of park land required per gross acre of subdivision 1 D.U. per acre or more 262 1 D.U. per 1/2 to 1 acre 527 I D.U. per lO,000 sq. ft. to 1/2 acre 767 I D.U. per 9,000 to 9,999 sq. ft. 1,209 I D.U, per 8,000 to 8,999 sq. ft. 1,350 1 D.U. pe~ 7,000 to 7,999 sq ft. 1,532 1 D.U. per 6,000 to 6,999 sql ft. '1,768 1 D.U. per 5,000 to 5,999 sq' ft. 2,090 l0 to 19 D.U.'s per acPe 2,680 20 to 29 D.U.'s per acre 4,~66 30 to 39 D.U.'s per acre 6,257. 40 to ~9 D.U..s per acre 8,039 50 to 59 D.U.'s per acre 9,825 60 to 69 D.U.'s per acre ll,611 70 to 79 D.U.'s per acre 13,408 80 to 89 D.U.'s per acre 15,185 90 to 99 D.U."s per acre 16,969 100 D.U.'s and over per acre 17,851 Fair market value may be determined as of the time of filing the final map iu accordance with the following: 1. The fair market value as determined by the City Council based upon the then assessed value, modified to equal market value in accordance with current practice of (City) (County) assessor, or 2. If the subdivider objects to such evalu- ation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the City, which appraisal may be accepted by the City Council if found reasonable; S. The City and subdivider may agree as to the fair market value. (h) Credit for common open landscape areas. Where common open landscaped areas for park and recreational purposes are provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of such subdivision, or maintained by a district created for said purpose, such areas may be credited against the requirement of dedication for p'ark and recreation purposes, as set forth iu Subsection (f) hereof~ or the payment of fees in lieu 'thereof, as set forth iu Subsection (g) hereof, provided the City Council finds it is iu the public interest to do so,.aud that the following standards ar.e me~: 1. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building .regulations shall not be included in the computation of such common open landscaped areas; 2. That the private ownership and maintenance of the common open landscaped areas is adequately provided for by written agreement or other under- taking; ~. That the use of the common open landscaped areas is restricted for park and recreational pur- poses by recorded couvenauts which run with the land iu favor of the future owners of property with- in the tract and which cannot be defeated or eliminated without the consent of the City Council. 4. That the proposed common open landscaped areas are reasonably adaptable for use for park and recreational.purposes, taking into consideration such factors as size, shape, topography, geology, access, and location of the common open landscaped areas; 5. That facilities proposed for the common open landscaped areas are in substantial accordance with the p~ovisions of the recreational element of the general plan, and are approved by the City Council. (i) Choice of Land or Fee. 1. Procedure. The procedure for determiuiu~ whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows: (a) Parcel Maps, m~R~E~ subdivisions and lot splits. 'The fees to be paid for ~and subdivided by parcel maps, minimum subdivisions and lot splits shall be de- posited iu escrow with the City Clerk upon filing of the tentative map, to be transferred to the appropriate City fund upon the filin~ of the parcel or final map. (b) Subdivider. At the time of filiuE a tentative tract map for approval, the owner of the property shall, as a part of such filiu~ indicate whether he desires ~to dedicate property for park and recrea- tional purposes, or whether he desires to pay a fee iu lieu thereof. If he desires to dedicate land for this purpose, he shall designate the area thereof ou the tentative tract map as submitted. (c) Action of Cit~. At the time of the tentative tract 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 iu lieu thereof, or a combination of both. (d) Prerequisites for ADproval of Final Map. Where dedication is required, it may be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, the~same shall be deposited with the City prior to the approval of the final tract map. Open space covenants for common open landscaped areas or recreational facilities Shall be submitted to'the City prior to approval- of'the final tract map and shall be record- ed comtemporaneously with the final tract map. R. ~Determination. Whether the~City Council ac- cepts 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) Recreational element of' the City's general plan (b) Topography,, geology, access and location of land in the subdivision available for dedi- cation (c) Size and shape of .the subdivision and land available for dedication T6e 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. On subdivisions involving fifty (50) lots or less, only the payment of fees may be required, except City may. elect' to accept dedication of the laud in lieu of said fees. (J) Time of Commencement must be designated. At the time the final tract map is approved or parcel map filed, the City Council shall designate the time when development of the park and recreational facilities shall be commenced. (k) Limitation on dse of land and fees. The land and fees received under this Ordinance shall be used only for the purpose of providing park and recreational facil- ities to serve the subdivision for which received and the location of the land and amount of fees shall bear a rea- sonable relationship to the use of the park and recrea- tional facilities bY the future inhabitants of the sub- division. (Ord. #548- /6/66) · 4.42. The subdivider shall also file with the afore- said agreement, to assure his full and faithful performance thereof, a bond for such sum as the city council may deem sufficient 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 and must be satisfactory to and be approved by the City Attorney as to form and the. City Manager as to sufficiency. In lieu of said bond, the subdivider may deposit with the City Treasurer cash money iu An amount fixed as aforesaid by the City Council. In lieu.of such bond, the subdivider may file with the City Clerk a statement of any bank, trust company or other financiaI institution, which may .hold an encumbrance upon the land delineated ou the final map, to the effect t~hat such bank, trust company, or other financial institution will hold, out of such money, for the purposes of such bond and during the time required by such bond, an amount of money equal-to the amount, which may be determined by said City Council, as provided in this subdivision. ~, (0rd. #298-7/17/50) 4.45. A subdivider shall pay to said city a fee of Fif- ty Dollars ($50.00) for each lot shown on.the final map, or agree, in writing, that the territory de- scribed on the final map shall be taxed on the same basis as any other land iu said city may be taxed to pay any indebtedness or liability of said City contracted prior to or existing at the time of the presentation of such final map to the City Council for approval. ( Ord. #298-7/17/5O) 4.46. Upon the installation and completion of all pub- lic 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 agreement whereby he shall agree to repair or replace, at his own expense, any work of public improvemen6 (including, but not limited to, streets and highways, drainage struc- -' tures, 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 durin~ the two (2) year period subsequent to the date of approval and acceptance thereof, prove to be defective or which shall be- come damaged by 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 repairiu~ or replacing said improvements, includin~ the cost of 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. Iu 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 nec- essary repairs or replacements or cause the same to be done, and thereafter call u7 ~he surety or the subdiv, ider for re.imbursemenO iu the same manner and to the same extent as provided in section 4.43 of this ordinance. (ord.