ORDINANCE 875Q 1• #-X
ORDINANCE NO 875
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE "EL SEGUNDO
MUNICIPAL CODE" ,REPEALING TITLE 19,
AND ADDING TITLE 19 PLATS AND SUBDIVISIONS.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The E1 Segundo Municipal Code is
hereby amended by repealing Title 19 thereof, including
Chapters 19.04, 19.08, 19.12, 19.16, 19.20, 19.24, 19.28,
19.32, 19.36, and 19.40.
SECTION 2. The E1 Segundo Municipal Code is
hereby amended by adding thereto Title 19 which said Title
shall read and be as follows:
"TITLE 19
"PLATS AND SUBDIVISIONS
'CHAPTER 19.04
1119.04.010. GENERAL PLAN CONFORMANCE: TIME
FOR OR WAIVER OF REPORT. A. A report as to conformity
to the general plan which is required pursuant to
Section 65402 of the Government Code as the result of a
proposed division of land may be included as part of
and at the same time as the action taken by the advisory
agency on such proposed division of land.
"B. Pursuant to subdivision (a) of Section
65402 of the Government Code a report as to conformity
to the general plan is not required for a proposed
subdivision which involves (1) the disposition of the
remainder of a larger parcel which was acquired and
used in part for street purposes; (2) acquisitions,
dispositions or abandonments for street widening or (3)
alignment projects provided that the advisory agency
expressly finds that any such disposition for street
purposes, acquisitions, dispositions, or abandonments
for street widening, or alignment projects is of a
minor nature.
1119.04.020. CITATION AND AUTHORITY. This
chapter is adopted to supplement and implement the
Subdivision Map Act and may be cited as the "Subdivision
Ordinance of the City of E1 Segundo ".
"19.04.030. DEFINITIONS. The following words
and phrases shall have the meaning respectively ascribed
to them;
(1) Subdivider. 'Subdivider' means a person,
firm, corporation, partnership or associate who proposes
to divide, divides or causes to be divided real property
into a subdivision for himself or for others.
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(2) Subdivision 'Subdivision' means the
division of any improved or unimproved land, shown on
the latest equalized county assessment roll as a unit
or as contiguous units for the purpose of sale, lease
or financing, whether immediate or future. Property
shall be considered as contiguous units even if it is
separated by roads, streets, utility easement or
railroad rights -of -way. Subdivision includes a con-
dominium project, as defined in Section 1350 of the
Civil Code or a community apartment project, as defined
in Section 11004 of the Business and Professions Code.
Any conveyance of land to a governmental agency, public
entity or public utility shall not be considered a
division of land for purposes of computing the number
of parcels.
(3) Advisory Agency. The Planning Commission
shall constitute the advisory agency for:
(a) Tentative maps;
(b) Parcel maps;
(c) Minor subdivision maps.
19.04.040 PARCEL MAPS REQUIRED. A Parcel
map shall be filed and recorded for any subdivision for
which a tentative and final map is not required by the
Subdivision Map Act except for subdivisions created by
short term leases (terminable by either party on not
more than 30 days' notice in writing) of a portion of
an operating right -of -way of a railroad corporation
defined as such by Section 230 of the Public Utilities
Code, provided, however that upon a showing made to the
Director of Planning, based upon substantial evidence,
that public policy necessitates such a map this excep-
tion shall not apply.
Such maps shall meet all the requirements of the Sub-
division Map Act, and of this code. Each such parcel
map shall show all dedications or offers of dedication
thereon and the Director of Public Works may require in
addition or substitution thereof at the Director of
Public Works' option, such dedication or offers of
dedication to be made by deed.
19.04.050. TENTATIVE MAP PROCESSING FEE.
Every person submitting a tentative map shall pay a
processing fee as follows:
(1) For subdivisions of four or less parcels
$100.00
(2) For subdivisions of five or more parcels, the
following amount per lot or per acre of the land to be
divided or $100.00 whichever produces the larger fee:
(a) $20.00 for each
or acres, plus
(b) $10.00 for each
or acres, plus
(c) $6.00 for each
or acres, plus
(d) $4.00 for each
acres in excess
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of the first 25 lots
of the next 25 lots
of the next 50 lots
additional lot or
of 100.
,.495
( 140
"If additional lots or acres are added before
processing of the map is completed, the fee shall be
increased in accordance with said schedule. If a
revised map is substituted for an approved map, an
additional fee equal to onefourth the original fee
shall be paid for processing the revised map.
"19.04.060. FINAL MAP PROCESSING FEE. The
subdivider shall, at the time of submitting the final
map to the Director of Planning pay to the City a
processing fee of $100.00.
"19.04.070. PARCEL MAP PROCESSING FEE. The
Subdivider shall, at the time of sunmitting the parcel
map to the Director of Planning, pay to the City a
processing fee of $100.00.
"19.04.080. FILING OF TENTATIVE MAP. Tent-
ative maps shall be filed with the Director of Planning
and shall be processed in accordance with the Sub-
division Map Act and the provisions of this Chapter.
The Subdivider shall file as many copies of the
tentative map as may be required by the Director of
Planning.
"19.04.090. PUBLIC HEARING -- APPROVAL, CONDITIONAL
APPROVAL OR DISAPPROVAL. The Planning Commission shall
hold a public hearing on the Tentative Map, Parcel Map
and Final Map and notice thereof shall be given as
provided in Section 66451.3 of the Sub - division Map
Act. Any interested person may appear at such a
hearing and shall be heard. The Planning Commission is
empowered to approve, conditionally approve, or dis-
approve Tentative Maps, Parcel Maps and Minor Subdivision
Maps.
"19.04.100. NOTICE OF HEARING. Whenever a
public hearing is held pursuant to this Chapter, notice
of the time and place thereof and a general description
of the location of the subdivision shall be given by at
least one publication in a newspaper of general
circulation in the city, not less than ten days before
the date of the public hearing.
"19.04.110. EXPIRATION OF TENTATIVE MAP
APPROVAL. A. Expiration. The approval or conditional
approval of a tentative map shall expire twelve months
from the date the map was approved or conditionally
approved.
"B. Extension. The person filing the tentative
map may request an extension of the tentative map
approval or conditional approval by written application
to the Director of Planning, such application to be
filed at least thirty days before the approval or
conditional approval is due to expire. The application
shall state the reasons for requesting the extension.
In granting an extension, new conditions may be imposed
and existing conditions may be revised.
"C. Time limit on Extensions. An extension or
extensions of tentative map approval or conditional
approval shall not exceed an aggregate of two years.
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"D. Effect of Map Modification on Extension. Mod-
ifications of a tentative map after approval or conditional
approval shall not extend the time limits imposed by
this section.
119.04.120. FAILURE TO FILE PARCEL MAP.
Failure to file a parcel map with the County Recorder
within 60 days from the approval or conditional approval
of such map shall terminate all proceedings. Any
subdivision of the same land shall require the filing
of a new map.
"19.04.130. APPEALS. Any interested person
may appeal any decision of the Planning Commission
relative to the provisions of Government Code Sections
66473.5, 66474, 66474.1 and 66474.6 to the City Council.
Such appeal and the hearing thereon shall be conducted
in the manner provided by Government Code Section
66452.5 (a) and (b), and Sections 19.04.090 and 19.04.100
of this Chapter.
"19.04.140. WAIVER OF DIRECT ACCESS TO STREETS.
The advisory agency may impose a requirement that any
dedication or offer of dedication of a street shall
include a waiver of direct access rights to such street
from any property shown on a final map as abutting
thereon, and that if the dedication is accepted such
waiver shall become effective in accordance with the
provisions of the waiver of direct access.
"19.04.150. DEDICATION REGULATIONS FOR STREETS,
ALLEYS, DRAINAGE, PUBLIC UTILITY EASEMENTS, AND OTHER
PUBLIC EASEMENTS. As a condition of approval of a map,
the subdivider shall dedicate or make an irrevocable
offer of dedication of all parcels of land within the
subdivision that are needed for streets, alleys, including
access rights and abutters' rights, drainage, public
utility easements, and other public easements. In
addition the subdivider shall improve or agree to
improve all streets, alleys, including access rights
and abutters' rights, drainage, public utility easements
and other public easements.
"19.04.160. SUPPLEMENTAL IMPROVEMENTS: REQUIRED.
The subdivider may be required to install improvements
for the benefit of the subdivision which may contain
supplemental size, capacity or number for the benefit
of property not within the subdivision as a condition
precedent to the approval of a subdivision or parcel
map, and thereafter to dedicate such improvements to
the public. However, the subdivider shall be reimbursed
for that portion of the cost of such improvements equal
to the difference between the amount it would have cost
the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements
pursuant to the provisions of the Subdivision Map Act.
"19.04.170. SUPPLEMENTAL IMPROVEMENTS: REIMBURSEMENT
AGREEMENT - FUNDING PROCEDURES. No charge, area of
benefit or local benefit district shall be established
unless and until a public hearing in accordance with
the provisions of Section 19.04.100 of this chapter is
held thereon by the City Council and the City Council
finds that the fee or charge and the area of benefit or
local benefit district is reasonably related to the cost
of such sepplemental improvements and the actual ultimate
beneficiaries thereof.
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In addition to the notice required by Section
19.04.110 of this chapter, written notice of the
hearing shall be given to the subdivider and to those
who own property within the proposed area of benefit as
shown on the latest equalized assessment role, and the
potential users of the supplemental improvements
insofar as they can be ascertained at the time. Such
notice shall be mailed by the City Engineer at least
ten days, prior to the date established for hearing.
19.04.180. SUPPLEMENTAL IMPROVEMENTS
DRAINAGE, SEWERAGE, BRIDGES AND MAJOR THOROUGHFARES.
If the City has adopted a local drainage or sanitary
sewer plan or map as required for the imposition of
fees therefor, or has established an area of benefit
for bridges or major thoroughfares as provided in this
Chapter, the City may impose a reasonable charge on
property within the area benefited and may provide for
the collection of said charge as set forth in this
Chapter. The City may enter into reimbursement agreements
with a subdivider who constructs said facilities,
bridges or thoroughfares and the charges collected by
the City therefor may be utilized to reimburse the
subdivider as set forth herein.
19.04.190. IMPROVEMENT SECURITY: REQUIRED
The improvement agreement or contract referred to in
Section 19.04.150 of this Chapter shall be secured by
one of the following:
(1) A bond or bonds by one or more duly authorized
corporate sureties substantially in the form prescribed
by the Subdivision Map Act.
(2) A deposit either with the City or a responsible
escrow agent or trust company selected by the City of
cash or negotiable bonds of the kind approved for
securing deposits of its public monies.
(3) An irrevocable instrument of credit from one
or more responsible financial institutions regulated by
federal or state government and pledging that the funds
are on deposit and guaranteed for payment on demand by
the City.
19.04.200. IMPROVEMENT SECURITY: AMOUNT.
The improvement security shall be provided in the
amount of:
(1) One hundred percent of the total estimated
cost of the improvement or act to be performed conditioned
upon the faithful performance of the act or agreement.
(2) One hundred percent of the total estimated
cost of the improvement or act to be performed securing
payment to the contractor, the subcontractors and to
persons furnishing labor, materials, or equipment to
them for the improvement or the performance of the
required act.
(3) The amount determined by the City Council
necessary to guarantee or warranty the work for a
period of one year following completion or acceptance
thereof against any defective work or labor done, or
defective materials furnished.
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(4) If the improvement security is other than a
bond or bonds furnished by a duly authorized corporate
surety an additional amount shall be included as determined
by the City Council as necessary to cover the cost and
reasonable expenses and fees, including reasonable
attorneys' fees, which may be incurred by the City in
successfully enforcing the obligation secured. The
improvement security shall also secure the faithful
performance of any changes or alterations in the work
to the extent that such changes or alterations do not
exceed ten percent of the original estimated cost of
the improvement.
19.04.210. IMPROVEMENT SECURITY: RELEASE.
The improvement security required hereunder shall be
released in the following manner:
(1) Security given for faithful performance of
any act or agreement shall be released upon the final
completion and acceptance of the act or work subject to
the provisions of subparagraph (2) hereof.
(2) The City Council may release a portion of the
security in conjunction with the acceptance of the
performance of the act or work as it progresses upon
application therefor by the subdivider; provided,
however, that no such release shall be for an amount
less than ten percent of the total improvement security
given for faithful performance of the act or work and
that the security shall not be reduced to an amount
less than fifty percent of the total improvement
security given for faithful performance until final
completion and acceptance of the act or work. In no
event shall the City Council authorize a release of the
improvement security which would reduce such security
to an amount below that required to guarantee the
completion of the act of work and any other obligation
imposed by this Ordinance, the Subdivision Map Act or
the improvement agreement.
(3) Security given to secure payment to the
contractor, his subcontractors and to persons furnishing
labor, materials or equipment shall six months after
the completion and acceptance of the act or work be
reduced to an amount equal to the amount of all claims
therefor filed and of which notice has been given to
the legislative body, plus an amount reasonably det-
ermined by the City Council to be required to assure
the performance of any other obligations secured thereby.
The balance of the security shall be released upon the
settlement of all such claims and obligations for which
the security was given.
(4) No security given for the guaranty or warranty
of work shall be released until the expiration of the
period thereof.
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19.04.220. IMPROVEMENT SECURITY: FORFEITURE.
Upon the failure of the subdivider to complete any
improvement, acts or obligations within the time specified,
the City Council may, upon notice in writing of not
less than ten days served upon the person responsible
for the performance thereof or upon notice in writing
of not less than twenty days, served by registered mail
addressed to the last known address of such person,
determine that the subdivider is in default and may
cause the improvement security or such portion thereof
as is necessary to complete the work or act and any
other obligations of the subdivider secured thereby to
be forfeited to the City.
19.04.230. SOIL REPORTS. A. A preliminary
soils report, prepared by a civil engineer registered
in this state and based upon adequate test borings
shall be submitted to the Director of Building Safety
for every subdivision.
B. A preliminary soils report may be waived by
the Director of Building Safety providing the Director
of Building Safety finds that due to the knowledge the
City has as to the soils qualities of the soils in the
subdivision, no preliminary analysis is necessary.
C. If the City has knowledge of, or the preliminary
soils report 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 Director of Building Safety. 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 problems exist.
The Planning Commission may approve the subdivision
or portion thereof where such soils problems exist if
it determines that the recommended action is likely to
prevent structural damage to each structure to be
constructed and a condition to the issuance of any
building permit may require that the approved recommended
action be incorporated in the construction of each
structure.
19.04.240. REVERSIONS TO ACREAGE BY FINAL
MAP. Subdivided property may be reverted to acreage
pursuant to provisions of this Chapter. Except that a
parcel map may be filed for the purpose of reverting to
acreage land previously subdivided and consisting of
four or less contiguous parcels under the same ownership
in accordance with Section 66499.20 1/2 of the Government
Code.
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"19.04.250. INITIATION OF PROCEEDINGS BY
OWNERS. Proceedings to revert subdivided property to
acreage may be initiated by petition of all of the owners
of record of the property. The petition shall be in a
form prescribed by the Director of Planning. The petition
shall contain the information required by Section 19.04.270
and such other information as required by the Director
of Planning.
"19.04.260. INITIATION OF PROCEEDINGS BY
CITY COUNCIL. The City Council at the request of any
person or on its own motion may by resolution initiate
proceedings to revert property to acreage. The City Council
shall direct the Director of Planning to obtain the
necessary information to initiate and conduct the proceedings.
"19.04.270. DATA FOR REVERSION TO ACREAGE.
Petitioners shall file the following:
(1) Evidence of title to the real property; and
(2) Evidence of the consent of all of the owners
of an interest(s) in the property; or
(3) Evidence that none of the improvements required
to be made have been made within two years from the
date the final map or parcel map was filed for record,
or within the time allowed by agreement for completion
of the improvements, whichever is later; or
(4) Evidence that no lots shown on the final or
parcel map have been sold within five years from the
date such final or parcel map was filed for record.
(5) A tentative map in the form prescribed
by this Chapter; or
(6) A final map in the form prescribed by Section
66433 et seq. of the Government Code: which delineates
dedications which will not be vacated and dedications
required as a condition to reversion.
19.04.280. FEES. Petitions to revert property
to acreage shall be accompanied by a fee of $75.00
19.04.290. PROCEEDINGS BEFORE THE CITY
COUNCIL. A Public hearing shall be held before the
City Council on all petitions for, and City Council
initiations for, reversions to acreage. Notice of the
Public hearing shall be given as provided in Section
66451.3 of the Government Code. The Director of Planning
may give such other notice that he deems necessary or
advisable.
The City Council may approve a reversion to acreage
only if it finds and records in writing that:
484:2
(1) Dedications or offers of dedication to be
vacated or abandoned by the reversion to acreage are
unnecessary for present or prospective public purposes;
and
(2) Either:
(a) All owners of an interest in the real
property within the subdivision have
consented to reversion; or
(b) None of the improvements required
to be made have been made within two
years from the date the final or parcel
map was filed for record, or within the
time allowed by agreement for completion
of the improvements, whichever is later
or
(c) No lots shown on the final or parcel
map were filed for record.
The City Council may require as conditions of the
reversion:
(1) The owners dedicate or offer to dedicate
streets or easements.
(2) The retention of all or a portion of previously
paid subdivision fees, deposits or improvements securities
if the same are necessary to accomplish any of the
provisions of this Chapter.
19.04.300 RETURN OF FEES, DEPOSITS: RELEASE
OF SECURITIES. Except as provided in Section 19.04.290
upon filing of the final map for reversion to acreage
with the county recorder, all fees, and deposits shall
be returned to the subdivider and all improvement
securities shall be released by the City Council
19.04.310 DELIVERY OF FINAL MAP. After the
hearing before the City Council and approval of the
reversion, the final map shall be delivered to the
County Recorder.
19.04.320. EFFECT OF FILING REVERSION MAP
WITH THE COUNTY RECORDER. Reversion shall be effective
upon the final map being filed for record by the County
Recorder. Upon filing, all dedications and offers of
dedication not shown on the final map for reversion
shall be of no further force and effect.
19.04.330. FINAL MAP: MONUMENTS. At the time
of making the survey for the final map, the engineer or
surveyor shall set sufficient durable monuments to
conform with the standards described in section 8771 of
the Business and Professions Code so that another engineer
or surveyor may readily retrace the survey.
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He shall also set the following additional monuments:
(1) Boundary monuments at or near boundary corners
and at intermediate points, approximately one thousand
feet apart or at such lesser distances as may be necessary
by topography or culture to insure accuracy in the
reestablishment of any point or line without unreasonable
difficulty. The precise position and the character of
each such monument shall be shown on such map. Such
durable monument shall be not less substantial than an
iron pipe of a two inch outside diameter, not less than
two and onehalf feet in length, with plug and tack, and
set at least two feet into the ground or at such other
character and stability as may be approved by the City
Engineer. For the purposes of this Chapter a lead and
tack set in permanent concrete or masonary shall be
considered as a durable monument.
The approximate elevation of the top of each
monument with respect to the surface of the ground
shall be shown on said map.
(2) Street center line monuments shall be set to
mark the intersections of streets, intersections of
streets with the tract boundary, or to mark either the
beginning and end of curves or the points of intersection
of tangents thereof, or other intermediate points.
Each monument shall be durable and substantial and
conform to the standards established by the City Engineer.
For each center line intersection monument set the
engineer or surveyor under whose supervision the survey
has been made shall furnish to the City Engineer a set
of notes showing clearly the ties between such monument
and a sufficient number (normally four) of durable
distinctive reference points or monuments. Such reference
points or monuments may be leads and tacks in sidewalks,
or two inch by two inch stakes set back of the curbline
and below the surface of the ground, or such substitute
therefor as appears to be not more likely to be disturbed.
Such act of notes shall be of such quality, form and
completeness and shall be on paper of such quality and
size as may be necessary to conform to the standardized
office records of the City Engineer. All such notes
shall be indexed and filed by the City Engineer as a
part of the permanent public records of his office.
All monuments necessary to establish the exterior
boundaries of the subdivision shall be set or referenced
prior to recordation of the final map.
19.04.340. ENVIRONMENTAL IMPACT. No parcel
or tentative map filed pursuant to the provisions of
this Chapter shall be approved until an environmental
impact analysis is prepared, processed and considered
when required by the California Environmental Quality
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Act. The subdivider shall provide such additional data
and information and deposit and pay such fee as may be
required for the preparation and processing of environ-
mental review documents.
19.04.350. GRADING AND EROSION CONTROL.
Every map approved pursuant to this Chapter shall be
conditioned on compliance with the requirements for
grading and erosion control, including the prevention
of sedimentation or damage to off -site property set
forth in this Code.
SECTION 3. This ordinance shall become
effective at midnight on the thirtieth day from and after
the date of the final passage and adoption thereof.
SECTION 4. The City Clerk shall certify to
the passage and adoption of this ordinance; shall cause the
same to be entered in the book of original ordinances of
said City; shall make a minute of the passage and adoption
thereof in the records of the meeting at which the same is
passed and adopted; and shall, within fifteen days after
the passage and adoption thereof, cause the same to be
published once in the El Segundo Herald, a weekly newspaper
of general circulation, published and circulated within
said City of El Segundo, and which is hereby designated for
that purpose.
PASSED, APPROVED and ADOPTED this
day of July 1975.
ATTEST:
City Clerk
(SEAL)
15th
rJG � PGh�.
Mayor of the City of El Segundo
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q844-4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, VALERIE A. BURROWES......... J City Clerk of the City of El Segundo,
California, do hereby certify that the whole number of members of the City Council
of the said City is five; that the foregoing ordinance, being Ordinance No. .875 . .
is a full, true and correct original of Ordinance No. ..875 ....... of the said City of
El Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE "EL SEGUNDO,
MUNICIPAL CODE" REPEALING TITLE 19,
AND ADDING TITLE 19 PLATS AND SUBDIVISIONS
which was duly passed and adopted by the said City Council, approved and signed
by the Mayor of said City, and attested by the City Clerk of said City, all at a
regular meeting of the said Council held on the . 15t4 ... day of ..Ju1y............
........ and that the same was so passed and adopted by the following vote:
Na el, Rockhold, Stephens and
AYES: Councilmen ... � ........... .... ..................... .
.... Mayor Balmer :........................ .
NOES: Councilmen . None.. .. .. .. . .
ABSENT: . Councilman .. Van. Vranken ..............................
I do hereby further certify that pursuant to the provisions of Section 36933
of the Government Code of the State of California, that the foregoing Ordinance
No. ..... 875 was duly and regularly published according to law and the order of
the City Council of said City in the El Segundo Herald, a weekly newspaper of
general circulation, printed, published and circulated within said City and that the
same was so published therein on the following date, to wit: ...7: X3.-.1.5" ........
........... ................... . .
..........
City Clerk of the City of El Segundo, California
(SEAL)
By........................ ............
Deputy