Ordinance Number 56ABSENT: Councilmen: None.
(SEAL)
City Clerk
ORDINANCE NO. 56
AN ORDINANCE OF -THE CITY OF SAN JUAN CAPISTRANO
ESTABLISHING RULES, REGULATIONS AND SPECIFICAT-
IONS TO CONTROL AND REGULATE THE DIVISION OF
LAND WITHIN THE CITY OF SAN JUAN CAPISTRANO AND -
PROVIDING PENALTIES FUR THE VIOLATION THEREOF.
ARTICLE I
GENERAL PROVISIONS
SECTION 1.01 PURPOSE. The purpose of this chapter, and any rules,
regulations and specifications adopted pursuant thereto, is to control
and regulate the division of land within the City of San Juan Capistrano
and such land as may be annexed to said City.
SECTION 1.02 AUTHORITY FOR LOCAL REGULATIONS. Pursuant to the provis-
ions of Chapter 2, Part 2 of Division 4 of the Business and Professions
Code, State of California, referred to herein, as the Subdivision Map
and in addition to any regulations provided by law, the regulations here-
inafter in this ordinance contained shall apply to all subdivision, parts;
of subdivisions her=after made, entirely or partically within the CITY
OF SAN JUAN CAPISTRANO and this ordinance shall be known as The Subdivis-
ion Ordinance.
SECTION 1.03 ADVISORY AGENCY. The Planning Commission, as herein de-
fined, is hereby designated as $he Advisory Agency as that term is used
in the Subdivision Map Act and is charged with the duty of making invest-
igations on design and improvement of proposed subdivisions and is here-
by authorized to approves conditionally approve or disapprove tentative
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maps of subdivisions prepared and filed according to this ordinance and
the Subdivision Map Act and to specify the kinds, nature and extent of
improvements to be installed in Subdivisions.
ARTICLE II
DEFINITIONS
SECTION 2.01 DEFINITIONS IN ACT. Except as otherwise provided in this
article all terms used in this ordinance which are defined in the Sub-
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division Map Act are used in.this ordinance as so defined unless from
the context hereof it clearly.appears that a different meaning is intend-
ed.
SECTION 2.02 ARTICLE. "Article" means an article of this ordinance un-
less some other statute or other ordinance is referred to.
SECTION 2.03- COUNCIL. "Council" refers to the City Council of SAN JUAN
CAPISTRANO.
SECTION 2.04 DIRECTOR OF PLANNING. "Director of Planning" refers to
the Director of Planning -Secretary for the .City of SAN JUAN CAPISTRANO
as authorized by Chapter 3, Title % of the Government Code. Statutes of
the State of California.
SECTION 2.0$ CITY STANDARDS. "City Standards" refers to Standard Str-
eets and Highway Plans, Standard Streets, and Highways specifications,
Water Standard Plans, Water Specifications, Sewer Standard Plan, and
Sewer Specifications, and all Ordinances setting standards as adopted
by the Council.
SECTION 2.06 DISTRICTING ORDINANCE. "The Districting.Ordinance" refers
to the CITY OF SAN JUAN CAPISTRANO Land Classification Districting Ord -
finance.
SECTION 2.07 FLOOD CONTROL WORK, "Flood Control Work." or drainage work
shall include all means of conveying or storing storm waters, including
natural watersources, improved drainage channels, retarding basins, closed
conduits or pipes, and authorized or existing flood control channels.
SECTION 2.08 FLOOD HAZARD. "Flood Hazard" means overflow water having
sufficient velocity to transport or deposit debris, to.scour the surface
soil, or to dislodge or damage buildings. It also means erosion of the
banks of watercourses.
SECTION 2.09 INUNDATION. "Inundation" means ponded water or water in
motion of sufficient depth to damage property to the mere presence of
water or to deposition of silt.
SECTION 2.10 POSSIBLE FLOOD HAZARD."Possible Flood Hazard" means
possible extension of areas denoted as subject to "Flood Hazard", also
the uncertainty of degree or extent of bank erosion. ,
SECTION 2.11 MASTER PLAN, "Master Plan" means a Master or General Plan
or any element thereof, adopted by the City, and as defined in the Con-
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servation and Planning Law, Article 7, of Chapter 3. of Title 7 of the
Government Code, State of California.
SECTION 2.12 MAY. "May" is permissive.
SECTION 2.13 PARCEL OF LAND. "Parcel of Land" means a contiguous quan-
tity of land or real property in the possission of, or owned by, or re-
corded as the property of the same claimant or person. .
SECTION 2.14 PERSON. "Person" means any individual, firm corpartner-
ship joint venture, association, club, social club, fraternal organizat-
ion, corporation, trust, business trust, receiver, syndicate, this and
any other county, city and county, municipality, district or other pol-
itical subdivision, or any other group or combination acting as a unit.
SECTION 2.15 DIVISION OF LAND. "Division of Land", means any parcel
of land, improved or unimproved or portion thereof, shown on the last
adopted county tax,roll.as a unit or as contiguous which is divided for
any purpose into less than five units. However, the following do not
constitute divisions of land:
1. The leasing of apartment, offices, stores or similar space
within an apartment building, industrial building or commercial building
or trailer park;
2. Agricultural leases, mineral, oil, or gas leases, or land
dedicated for cemetery purposes under the Health and Safety Code of the
State of California; -
3. The leasing of land or building for either commercial or
industrial purposes or the leasing of land for vehicle parking areas;
4. The conveyance or transfer of land or any interest there-
in to the United States, state, county, city school district,,special
district or public utility;
�. The conveyance or transfer of land made or, required by
court decree;
6. The interstate or testamentary disposition of land;
7. The conveyance, transfer, creation of or establishment of
a,utility easement;
8. The division of a lot or parcel into two parts, the parts
thus obtained to be used to increase thesize of building sites adjacent
thereto;
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9. the division of land into parcels in.such manner that each
parcel resulting from the division has an area of ten acres or more, and
abuts for a distance of not less than forty feet upon a public street
having a right of way of not less than forty feet, to which it has the
right of vehicular access.
SECTION 2.16 PUBLIC WAY.. "Public Way" includes streets, highway, avenue
boulevard, parkway, road, lane, walk, alley, channel, viaduct, subway,
tunnel, bridge, public easement, public right-of-way and other ways in
which a public agency has a proprietary. right.
SECTION 2.17 SECTION, 'Section' means a section of this Ordinance un-
less some statute or other ordinance is referred to.
SECTION 2.18 SHALL. "Shall" is mandatory.
SECTION 2.19 SINGULAR_PLURAL. Words used in the singular number include
the plural and words used in the plural number inlude the singular.
SECTION 2.20 VEHICULAR ACCESS RIGHTS. "Vehicular Access Rights" means
the right, easement or access of the owners or occupants.of abutting lands
to a public way other than as pedestrians.
SECTION 2.21 LIMITED VEHICULAR ACCESS RIGHTS. "Limited Vehicular access
rights" means the owners or occupants of abutting lands toga Public way,
other than as pedestrians, have access only at points specifically de-
signated on the map.
SECTION 2.22 BLOCK. "Block" shall mean an area of land within a sub-
division which area is entirely bounded by streets, highways, or ways,
except alleys and the exterior boundary or boundaries of the subdivision.
SECTION 2.23 KEY LOT. "Key Lot" shall mean a lot, the side line of which
adjoins the rear line of one or more adjoining lots.
SECTION 2.24 MAP ACT, "Map Act" shall mean the subdivison Map Act of
the State of California, as amended from time to.time.
SECTION 2.25 ALLEY. "Alley" shall mean a.public way for pedestrain or
vehicle use which affords only a secondary means of access to abutting
properties.
SECTION 2.26 WALKWAYS. "Walkways" shall mean a passage way intended
for pedestrians use only.
SECTION 2.27 DEAD-END STREET, "Dead -End Street" shall mean any street
or way having only one outlet for vehicular traffice, but not terminating
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in a cul-de-sac.
SECTION 2.28 STREET. "Street" shall mean a public way which provides
for abutting properties a primary means of access for vehicular and
pedestrain traffic.
SECTION 2.29 PRIVATE STREET. "Private Street" shall mean any parcel
of land not dedicated as a public street but used or intended to be used
f2)r ingress to or egress from, a lot or lots which may or may not have
frontage on a public street. -
SECTION 2.30 SERVICE ROAD. "Service Road" shall mean a street adjacent
to a Freeway or primary street, and separated therefrom by dividing strip
which provides.the primary means of access for vehicular and pedestrian
use to abutting properties.
SECTION 2.31 FREEWAY. "Freeway" shall mean a street designated as a
"Freeway" by the California State Division of Highways or other Govern-
mental Agency.
SECTION 2.32 INDUSTRIAL STREET. "Industrial Street" shall mean a street
primarily intended for pedestrain and vehicular access to abutting pro-
perties used for industrial purposes.
SECTION 2.33 ARTERIAL STREET. "Arterial Street" shall mean a street
intended for the movement of major volumes of traffic through the City
or serving to collect traffic from two or moreintersecting secondary
streets.
SECTION 2.34 LOCAL STREET. "Local Street" shall mean a street intended
wholly or principally for traffic originating or terminating at residen-
tail properties within the immediate vicinity of said street.
SECTION 2.35 CUL-DE-SAC STREET. "Cul-de-sac. Street" shall mean a street
enlarged at its terminus, which provides an adequate turning radius for
vehicular traffic. -
SECTION 2.36 COMMISSION OR PLANNING COMMISSION. "The Commission or Plan-
ning Commission" shall mean the Planning Corr ission of the City of SAN
JUAN CAPISTRANO. Commission shall mean the same as Advisory Agency.
ARTICLE III
GENERAL REGULATIONS AND DESIGN
SECTION 3.01 CONFORMITY WITH MASTER, GENERAL, OR PRECISE PLANS. A sub-
division plan shall conform to the Master Plan of Streets and Highways,
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the Master Plan of Drainage, and all other Master or Precise Plans or
other applicable City Ordinances adopted by the City of SAN JUAN GAPIS_
TRANO.
SECTION 3.02 STREETS AND HIGHWAYS.
A. RIGHT-OF-WAY, CENTERLINE RADII, AND VEHICULAR ACCESS CONTROL.
1. ARTERIAL STREETS,
a) Major Highway - One hundred and Twenty (120) feet
of- right of way improved with a six -lane divided highway. Minimum center-
line radius shall be twelve hundred (1200) feet. Restricted vehicular
access from abutting properties. k
b) .Primary Highway - One hundred and four (104) feet
from right of way improved with a four -lane divided highway. Minimum
centerline radius shall be One Thousand (1000) feet. Restricted vehicular
access from abutting properties.
c) Secondary Highway - Eighty Four (84) feet of right
of way improved with a fuur-lane highway. Restricted vehicular access
from abutting properties.
2. LOCAL STREETS. LOCAL STREETS RIGHT OF WAY. Local
street rights of way within a subdivision of division of land, other than
for industrial use, shall be not less than sixty (60) feet wide, except:
a) Streets in Districts classified under the District-
ing Ordinance as having a required building site area of fifteen thous-
and (15,000) square feet or more, where no street sidewalks are to be
installed, may be not less than fifty (50) feet in width.
b) Streets on steep hillsides may be not less than
forty (40) feet in width whenddequate slope easements ;Br necessary cuts
or fills are provided.
c) Streets adjoining railroad rights of way, flood
control channels, freeways or other uninhabitable areas may be not less
than fifty (50) feet in width.
d) Streets where special circumstances make it impr-
actical to require sixty (60) feet of right of way, may be reduced in
width necessary to meet the special circumstances but in nocaseshall
such right of way be reduced in width to less than forty (40) feet.
e) Private parcels used as streets on steep hillsides,
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not offered for dedication may be reduced in width to less than forty
(40) feet provided the right of way width is sufficient to accommodate
and pr6tect an improved roadway having a width of not less than twenty
eight (28) `t -et.
f) Private parcels used as driveways, not offered for
dedication serving not to exceed four (4) lots or parcels as access to
a public street may be not less then thirty (30) feet in width.
3. INDUSTRIAL STREET. Eighty (80) feet of improved
right of way.
4. CUL-DE-SAC STREET. Sixty (60) feet of right of way
improved with a thirty-six (36) font roadway. Centerline radius shall
be not -less than two hundred and fifty (250) feet. Length of street
from centerline intersection to radius point of cul-de-sac shall be
not less than one hundred and fifty (150) feet and not more than five
hundred (500) feet. The minimum terminal curb radius shall be not less
then thirty-eight (38) feet, the terminal property line radius shall be
such that the parkway strip shall not be reduced in width. Exception:
Streets having an dbsolute maximum of ten (10) lots.frontage thereon may
have.fifty-six (56) feet of right of way and thirty-six (36) feet of
improved roadway.
5. SERVICE ROAD. Forty (40) feet of right of way in
addition to the ultimate right of way of the street such service road
shall be parallel to. The service mad shall be separated.from an art-
erial highway by a raised medium strip. The service mao shall provide
the primary means of vehicular access to abutting properties.
B. STREET GRADES.The grades on all pity streets shall be
as follows:
Y, 1. ARTERIAL STREETS. the City Engineer shall establish
the minimum curb and street grade on all arterial.streets. He shall
make this information available to all interested parties.
2. CONTROLLED TOPOGRAPHY STREETS. In the event topograph-
ical condition necessary, to join existing elevations, or other except-
ional circumstances prevail the City Engineer may permit street or curb
grades less than three -tenths of one per cent (.03%) Note; 'he high cost
of importing fill material, making the present devel6pment of a particular
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parcel of ground uneconomical shall not be considered controlled topography
nor valid justification for a departure from the established minimum grade.
3. ALL OTHER STREETS. The curb or street grade on all
other streets shall be aminimum of three -tenths of one percent (0.30%)
4. MAXIMUM GRADE. The maximum grade, unless topographical
conditions make it irppractical, shall be six percent (6.0%)
C. INTERSECTIONS.
1. HIGHWAY CORNER CUT-OFFS, At the intersection of arter-
ial highways and the intersection of local streets with arterial highways
shown on the Master Plan of Arterial Highways there sha4l be a property
line corner cut-off. This cut-off shall be the chord drawn between the
intersection points of the curb radius line of a thirty-five (35) foot
curb radius with the street property line.
2. STREET CORNER RADII. At the intersection of local
streets the corner property line radius shall be designed so as not to
reduce the parkway width of the particular street or highway below the
City Standard when using a minimum curb radius of twenty-five (25) feet.
3, INTERSECTION ANGLE. Streets shall intersect at an angle
as nearly as a right angle as practicable.
D. CONTINUATION OF EXISTING STREET. Streets which are a con-
tinuation of streets in co::tiguous territory shall be so aligned as to
assure that their center line shall coincide. In case where straight
continuations are not physically possible, such center line shall be con-
tinued by curkes.
SECTION 3,03 ALLEYS, -
A. MINIMUM WIDTH, The minimum width of alleys used for res-
identail property shall be twenty (20) feet. The minimum width for com-
mercial or industrial purposes shall be twenty-five (25) feet.
B. ALLEY INTERSECTIONS. Where two alleys intersect, a triang-
ular corner cut-off of not less than ten (10) feet along each alley line
shall be provided.
C. DEAD-END ALLEYS, Where a dead-end alley.is designed, an
adequate turning area, shall be provided to accommodate a truck having
a thirty-five (35) foot turning radius. This shall be such that said
truck shall be able to turn around with only one backing movement. This
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turn -a -round shall be eliminated only under the circumstances of a pre-
viously adopted precise plan of record providing for the alley extension.
D. PROVISION FOR ALLEYS. Commercial and Industrial Use Alleys
shall be recuirdd in the rear of all lots used or intended to be used
for business or industrial purposes, unless adequate off-street parking
areas and service loading and unloading areas to serve such properties
are securely reserved fur such use and are shown upon the man and app-
roved by the City in themannerherein provided. In single family res-
idential areas alleys shall not be used as a means of vehicular access
except where no other design is possible. Alleys shall be required in
the rear of multiple residential use of four (0 units or more. Alleys
shall be required in the rear of all lots fronting directly on a primary
street.
SECTION 3.04 SUBDIVISION IMPROVEMENTS.
A. PROVIDING BY THE DEVELOPER. All street improvements,
sewer system improvements, water system improvements, sdnrm drain im-
provements, street light improvements, underground utility installation
and any other required improvements shall be installed at the cost of
the developer, and shall.conform to grades and specificationsapproved
by the City Engineer.
B. AVOIDANCE OF BREAKING STREET PAVING. Any underground util-
ity or service lines. required to be installed as a part of the subdivis-
ion and which run acrossorunderneath the right of way of any street,
alley, or way shall be installed prior to the preparation of sub -grade
and prior to the surfacing of such street, alley or way,. In the event
that the development of the subdivision required the utility company to
perform utility construction work, the developer shall pay a deposit sat-
isfactory Yto the utility company within sufficient time to permit con-
struction work to be performed prior to sub -grade preparation. In no
event shall sub -grade preparation commence before installation of all
necessary utilities and laterals.
C. PUBLIC UTILITY FACILITIES. All distribution lines and
individual service lines 8r electrical power and telephone services are
permitted to be installed underground. Overhead utility lines shall be
located at the rear of lots or parcels where practical and along the side
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of lots or parcels where necessary. Where practical the poles support-
ing such overhead lines shall not be instal&ed within any street, alley,
way, drainage, easement of Flood Control Channel. Said utilities, shall
not be permitted to be installed in conjunction with any tract until a
plan of the proposed contruction has been submitted to and approved by
the City Engineer. Such procedure shall not preclude advance installat-
ion to model homes.
D. STREET LIGHTS. Street lights are to be installed at the
ratio of one light for each 240 lineal feet of residential street plus
a light at each intersection. Street layout to meet with approval of
City Engineer.
SECTION 3.05 WATER SUPPLY.
A. SOURCE. Watershall be provided trom an approved source
of adequate quantity and quality.
B. FEES. .
1. WATER STORAGE FUND CHARGE. All water storage fund
charges shall be paid in accordance with ordinance established by the
City of SAN JUAN CAPISTRANO.
C. IMPROVEMENTS. Water mains shall be constructed to serve
each lot within the development area and shall be of such size and de-
sign as approved by the City Engineer. Fire hydrant, valves, tees,
meters, curb stops, house connection and other pertinent construction
shall be provided at the cost of the developers and shall be installed
in accordance with the Water Ordinance,City S}Fandards, and as directed
by the City.Engineer.
D. NECESSITY. No certificate of use and occupancy will be
issued on any structure until such property is properly connected to
domestic water source of the City of SAN JUAN CAPISTRANO or approved
service through a metered supply.
E. DEDICATION. The domesticwater system shall be dedicated
to the City of SAN JUAN CAPISTRANO at the time of.approval of the final
map.
SECTION 3.06 DRAINAGE FACILITIES.
A. REQUIItEMENTS. No final map shall be approved unless all
elements of the Master Plan of Drainage lying within or contiguous to
2i1J
said tract have been constructed and all necessary rights of way for
elements of said Plan dedicated or vested in the City of SAN JUAN CAP-
ISTRANO.
B. FEES. All necessary drainage fees established by the City
of SAN JUAN CAPISTRANO shall be deposited with the City prior to approval
of the final map.
C. IMPROVEMENTS. The subdivider shall construct all elements
of the Master Plan of Drainage which lies in or are contiguous to the _.
Tract.
D. ONSITE IMPROVEMENTS. It shall be the responsibility of
the subdivider to construct all catch basins, storm drain laterals, junct-
ion chambers, and drainage facilities necessary or pertinent to intercept-
ing all that surface water that has historically arived onto and discharg-
ed from his property and conveying that water to a satisfactory point
of disposition on the City Storm Drain System.
E. DESIGN OF DRAINAGE. Improvements shall be based upon run-
off to be anticipated from a twenty-five year frequency storm. Calcul-
ation supporting such design to meet with the approval of the pity Eng-
ineer.
SECTION 3.07 PEDESTRIAN WAYS AND BRIDGES. -
A. ,NECESSITY. Pedestrian ways and pedestrian bridges shall
be required when it is determined they we necessary for access to schools,
recreation or other public areas.
B. IMPROVEMENTS.. The developer shall improve such pedestr-
ian ways with blocks walls, concrete sidewalks, bridges, and as directed
by the City Engineer.
C. DEDICATION. Pedestrian ways shall be dedicated as an ease-
ment to th4 City of SAN JUAN CAPISTRANO and shall be not less than eight
(8) feet in width. Said easement shall be in such form as to be avail-
able for any municipal use.
D. USE. Easements dedicated for pedestrian use shall not be -
granted for drainage Purposes. Separate easements shall be granted for
drainarge purposes. Said easement shall be subject to the `'ity's right
of use as set forth in 'C' above.
SECTION 3.08 LOTS OR BUILDINGS SITES.
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A. MINIMUM AREA, The minimum level lot area to include pad
and yard area shall be five thousand (5,000) square feet. The minimum
size lot shall be seventy-two hundred (7,200) square feet. The lot area
shall be exclusive of the area of any easement over said lot which shall
have the surface rights thereof lost to the use of the lot. Size of lots
are to conMrm to zoning ordinance of the City.
B. WIDTH. The minimums herein indicated shall be in addition
to any surface usage easement granted over a sideline of the lot.
1. Each interior lot or parcel shall have a width of not
less than sixty (60) "&et.
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2. Each corner lot or parcel shall have a width of not
less than sixty five (65) feet.
3. Each lot or parcel on a cul-de-sac, knuckle, or curved
street shall have a width of not less than sixty (60) feet, provided
further that the minimum lot frontage on such lot shall be forty-ffive
(45) feet. The lot width dimension shall be measured along a straight
line tangent to the building line established by the minimum required
front yard :)r the main building.
C. DEPTH. The minimum depth of all lots shall be ninety (90)
feet.
D. RESTRICTION.
1. A lot having no frontage on a public street may be
cause for disapproval of subdivision.
2. No lot shall be divided by a County, City, or School
District boundary line.
E. SIDE LINES. The side lines of lots shall be approximately
at right angles to the street on straight streets and shall be aporoxi-
mately radial on curved street.
F. LOTS OR BUILDING SITES LARGER THAN REQUIRED. When lots
or parcels twice or more than the required area or width are shown on
a subdivision such lots or parcels shall be of such size as will be pr-
actical to divide them into minimum allowable building sites as establ-
ished by Ordinance.
G. CORNER LOT -SIDE YARD VEHICULAR ACCESS. Vehicular access
across the side yard of a corner lot shall be approved only on the con-
20'
ition that the garage shall have a set -back of twenty (20) feet minimum.
.H. EXCEPTION. ihe article does not apply to any lot or par-
cel which the subdivider offered to dedicate to the City or any Public
agency or district, nor does it apply where special circumstances make
it unreasonable because of topography, location or specific use.
I. LOT GRADING. A grading permit for the grading of lots in
the subdivision will be required, in accordance with the City "Grading
Code" Ordinance.
J. AS BUILT GRADING PLAN. Upon completion of grading opera-
tions the owner shall furnish to the City Engineer two prints of an as
built grading Plan prepared by the Owner's Engineer. In case no grad-
ing plan has been prepared and no grading Permit has been granted, the
subdivider shall furnish to the pity Engineer two Prints of a map sign-
ed by the Owner's Engineer and certifying that no fills had been made
on the lots.
SECTION 3.10 BLACKS.
A. Blocks less than three hundred and thirty (330) feet in
length ormore than nine hundred and ninety (990) feet in length, may
be cause Qbr disapproval. In no case shall a block be.longer thah 1320
'bet.
B. Cul-de-sac blocks shall be "a minimum of one hundred and
fifty (150) feet and a maximum of..five hundred (500) feet from center-
line intersection to radius point of the turn -a -round.
SECTION 3.11. PARTIAL., STREETS. This section apnlies to streets para-
lleling and contiguous with a tract or Parcel boundary. It does not
apply to arterial or previously adopted Precise plan streets.
A. MINIMUM WIDTH. The minimum width of .A paralleling conti-
guous stredt proposed along a parcel boundary shall be 'brty (40) feet.
B. PRECISE PLAN. The approval of any final.map showing the
creation of a partical street along a Parcel boundary shall not be grant-
ed until a precise plan providing Br the balance of the fight -of -way
has been adopted by the City Council.
SECTION 3.12 EXCEPTIONS:
A. Conditional exceptions to the regulations herein dellned
may be authorized if exceptional or special circumstances apply to the
203
property. Such special circumstances may include limited size, unusual
shape, industrial development, extreme dominating drainage problem, or
the impracticability of employing a comprehensive plan or layout by re-
ason of prior existing recorded subdivision of contiguqus properties.
ARTICLE VI
TENTATIVE MAP
SECTION 4.01 REQUIREMENTS.
A. SUBDIVISION .IOR 3OUR OR LESS LOTS.
1. Any person desiring a single lot to be.divided into
less than five (5) parcels, shall first cause to be filZd with the Plan-
ning Commission not less than four (4) copies and a reproducible original
of a scale drawing of the lot. Said drawing shall.be prepared by a licen-
sed Land Surveyor or Registered Civil Engineer.
B. SUBDIVISION OF FIVE OR MORE LOTS. The subdivider shall
file with the Planning Commission eighteen (18) or more copies of the
tentative map. When such required copies of a tentative map are Bled,
the Speretary of the Planning. Commission shall immpdiately brward a
minimum of one copy td each of the following, as necessary, with a request
that each report their recommendations in writing within twenty (20) days
to the Planning Commission.
1. Planning Commission.of the City of SAN JUAN CAPISTRANO.
2. Any Municipality entitled thereto.
3. City Engineer.
4. The School District in which the.proposed subdivision
is located.
5. The District Engineer of the Division of Highways.
6. Any other public agency or officer having an interest
in the proposed subdivision.
7. Division of Real Estate.
8. County Planning Commission.
9. County Health Officer..
10. County Fire Control Officer.
11. Superintendent of Building and Safety.
SECTION 4.02 SIZE OF MAP.
A. SUBDIVISION OF FOUR OR LESS LOTS.
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1. The man shall be legibly drawn to scale.on sheets not
less than eight and one-half (81) inches wide by eleven (11) inches long.
Such map shall be of vellem or other material suitable fbr reproduction.
B. SUBDIVISION OF FIVE OR MORE LATS.
1. The size of the tentative map or maps shall be a min-
imun of eithteen (18) inches by twenty-six (26) inches or may be any
dimension sufficient to show the entire subdivision on one sheet,at a
scale not less than one -hundred (100) feet to the inch. --
SECTION 4.03 INFORMATION ON MAP.
A. SUBDIVISION OF FOUR OR LESS LOTS. The man shall contain
the following information:
1. Sufficient legal description and dimensions of the
land to define the boundary thereof.
2. Names, addresses, and telephone numbers of the record
owner, developer and Licensed Land Surveyor or Registered Civil Engineer
preparing map.
3, North point, scale, date and area of tract.
4. Thewidthand approximate locationof all existing or
proposed easements or right -of; -way, whether public or private fbr roads,
drainage, sewers, or flood control purposes.
j. The Layoutsof the parcels proposed and the dimenslons
of each. The new Darcels created shall.:be designated parcel A, parcel
B, parcel C and parcel D.
6. The location of each existing building orstructure
above ground in relation to the parcel lines to be created.
7. The location of existing wells, cesspools, irrigation
lines and underground structures noting thereon whether or not they are
to be abanAoned, removed, or used.
8. Proposed use of parcel.
B. .SUBDIVISION OF FIVE OR MORE LOTS. The map shall contain
the following information.
1. The tract number.
2. Sufficient legal description of the land included on
the map to define the boundaries of the tentative tract.
3. Names, addresses, and telephone numbers of the record
�V J
owner, developer and Licensed Land Surveyor or Registered Civil Engineer
preparing map.
4. North point, scale, date and area of tract.
5. The width and approximate location of all existing
proposed easements or right of way, whether public.or private for roads,
drainage, sewers, or flood control purposes. .
6. The actual street names or each existing highway or
street shown on the tentative man.
7. The location, widths and approximate grades of all
highway or streets,-alleys,.or ways within -.aed adjacentxto such tentat-
ive map.
8. The lettered designation for each proposed highway or
street shown on the tentative map.
9. Approximate radius of all centerline curves on high-
ways, streets, alleys, or Iways.
10. The lot, layout, the approximate.dimensions of each
lot, and a number for each lot.
11. The location of all areas subject to inundation or
flood hazard and the locations, width and directions of flow of all
water courses and flood control channels. .
12. The contour of the.land at interyals of not more than
one (1) foot if .the general slope of the land is less than ten (10) per-
cent or of:.,not more than five (5) feet if the general slope of the land
is more than ten (10) percent.
13. The location and outline to scale of each building or
structure above ground noting thereon whether or not such building or
structure is to be removed fli-om or remain in the development of the sub-
division.
14. The location of existing wells, cesspools, sewers, cul-
verts, drain pipes, underground structures or sand,.gravel or other ex-
cavations within the subdivision and withintwohundred (200) feet of
any portion of the subidivision noting thereon whether or not they are
to be abandoned, removed or used,.
.15. A general location map of the area to. be subdivided
showing its relation to existing main thoroughfares and the distance
2(36
from the nearest public street centerline to the boundary of the proposed
subdivision.
16. The location of any previously filled areas within the
the subdivision.
17. Proposed direction of flow and rate of grade of street
drainage.
18. Statement of the present use and -the proposed use or
uses of the property.
19. Tract numbers of adjoining subdivisions.
20. The tentative map shall clearly indicate the proposal
for handling of storm waters. In the event that such information can
not satisfactorily be shown in the tentative map, the map shall be acc-
ompanied by whatever supplemental maps or written reports are necessary
to show the proposal.
21. The tentative map -shall clearly show the method of
sewage disposal. In theevent that such infbrmation cannot satisfactorily
be shown on the tentative map, the map shall be accompanied bywhatever
supplemental maps or written reports are necessary -to show the proposal.
SECTION 4.04 REQUIRED FEES. FILING OF TENTATIVE.
A. SUBDIVISION.OF FOUR OR LESS LOTS.
1. For each subdivision, a fee of ten ($10.00) dollars
shall be paid at the time of filing the application. If such lot or
parcel is to be divided into more than two lots, an additional fee of
five ($5.00) dollars shall be required for each additional lot above
two.
B. SUBDIVISION OF FIVE OR MORE LATS,
1. The tentative map filing fee shall be a minimum of
twenty-fiv4 ($25.00) dollars and two ($2.00) dollars per Sot. Such fee
shall be calculated on the numbered lot count shown on the tentative map
as first filed, no refund or additional fee shall be made because of any
reduction in numbered lots cause by an revision of re -design of the plan
$Sr the same oarcel of property. When additional property is added to
a tentative map, previously filed, the fee for such added property shall
be two ($2.00) dollars for each numbered lot so added. No refund of
such filing fee shall be made for any tentative map or portion thereof
20'I
deleted, withdrawn or abandoned.
SECTION 4.05 CERTIFICATION OF OWNER. When a subdivision man is filed
in the office of the Planning Commission the person filing the man shall
certify to one of the following:
A. That he is the record owner of the property.
B. That the record owner of the property.consents to the filing
of the map.
C. That certification on the map shall be witnessed and seal-
ed by a notary public.
SECTION 4.06 PROCEDURE. 'f
A. SUBDIVISION OF FOUR OR LESS LOTS.
1. COMPLIANCE FOR FILING. Each map shall be reviewed by
the Secretary to the Planning Commission prior to the acceptance thereof,
when it is Sund by him that the requirements 35r filing have been fully
met, he shall forthwith refer it to the Commission :Br action.
2. COMMISSION ACTION. The Commission shall within thirty
(30) days after receipt of such map approve, conditionally approve, or
disapprove the map by majority vote of the full membership present.
3. EXTENSION OF TIME. The time limit for acting and re-
porting on the map may be extended upon mutual consent of the person
filing such map and the Commission. .Such time limit extension shall be
for a period of not to exceed sixty (60) days unless a longer period of
time is specifically consented to by the Commission.
4. COMMISSION APPROVAL. In the went the Commission finds
that the map complies with the_Statutes of the State and with this and
all ordinances of the City it shall approve the map and signify its act-
ion on the face thereof by appropriate stamp and the signature of the
Commission chairman.
5. COMMISSION DISAPPROVAL. In the event the Commission
finds that the map cannot be made to comply with the requirements of
this Ordinance it shall disapprove the,map and signify its action in
the same manner as hereinbePbre provided.
6. COMMISSION CONDITIONAL APPROVAL. The Commission may
conditionally anorove the man when it finds that substantial compliance
with the requirements of this Ordinance, can reasonably be met. when
203
such map is conditionally aperoved by the Commission, it shall signify
its action in the same manner as hereinbefore provided and attach the
conditions pertaining thereto.
7, NOTIFICATION BY PLANNING COMMISSION. When such a map
is approved, conditionally approved, or disapproved by the City Plann-
ing Commission, the Planning Director shall forthwith deliver in person
or by mail a copy of such action to the person having filed the Map.
Such action by the Planning Commission shall become final in the absence _.
of an appeal. Copies of the action shall bedeliveredto the various
City Department and the Superintendent of Building and Safety. The City
Planning Commissionshallretain the original copy and -it shall be filed
in the files of the City Clerk.
S. APPEAL TO COUNCIL. If any person filing a map is dis-
satisfied with any requirement, ruling or disapproval by the Planning
Commission with respect to such Map or the kinds, nature and extent of
the improvements required he may, within twenty (20) days after such
action by -the Commission, appeal in writing to the City Council fhr
relief or reconsideration stating the justification for his appeal.
Such appeal shall be accompanied by any substantiating information as
necessary to show any subsequent change of conditionsoccurringsince
the date of Commission Action. Said appeal shall be filed with the City
Clerk and a $25.00 dollar fee paid. Upon receipt of .staff reports, the
Council may consider such appeal at the next regularly scheduled meeting.
The action taken by the City -Council shall be reported to the appellant
and to the various City Departments.
B. SUBDIVISION OF FIVE OR MORE LOTS.
1. The tentative map shall be prepared in accordance with
the "Subdiiision Map Act", and the provisions of this ordinance, and
shall be filed with the Planning Commission. When -the reauirements of
the Article for the preparation and filing of a tentative Subdivision
map have not been fully met, the Secretary of the Planning Commission
may withhold the filing of such map until compliance is made.
2.- PLANNING COMMISSION ACTION. Within Party (40) days or
any extension thereof after a tentative man has been filed, the Planning
Cormmission shall approve, conditionally approve, or disapprove of the map
209
or maps of the proposed subdivision. An official copy of the Advisory
Agency's action shall be filed with the official copy of the subdivider
and his representative and to the Real Estate Commissioner of the State.
3. APPEAL TO COUNCIL. If any person filing a Map is dis-
satisfied with any requirement, ruling, or disapproval by the Planning
Commission with respect to such Map or the kinds, nature and extent of
the improvements required he may, within twenty (20) days after such
action by the Commission, appeal in writing to the City Council for re-
lief or reconsideration stating the justification for his appeal. Such
appeal shall he accompanied by any substantiating information as necess-
ary to.show-.any subsequent change of conditions occurring since the date
of Commission action. Said appeal shall be filed with the City Clerk
and a $50.00 fee paid. Upon receipt of staff report, the Council may
donsider such appeal at the next regularly scheduled meeting. The
action taken by the City Council shall be reported to the appellant and
to the various City Departments.
4. REVISED TENTATIVE MAPS. Any revised tentative map
or portion thereof filed as a conditionof approval or otherwise shall
comply with the requirements in effect at the time such avised map is
considered by the Planning Commission. Such revised tentative map or
portion thereof shall show all of the information and requirements of
sections,of this ordinance insofar as any changes that may have been
made therein. The approval of conditional approval by the Advisory
Agency of any revised tentative map shall annual all previous designs
thereof.
5. TIME EXTENSION FOR ACTING ON TENTATIVE MAPS. The time
limit for acting and reporting on a tentative map may be extended upon
mutual consent of the Subdivider and the Planning Commission. Such time
limit extension shall be for a period of'not to exceed sixty (60) days
unless a longer period of time is specifically consented to by the Plan
ning Commission.
6. TIME EXTENSION ON APPROVED TENTATIVE MAPS. The Plan-
ning Commission may approve an extension of time beyond the one (1) year
as allowed by the Subdivision Map Act Jbr the recording of a final tract
man. Any application of a subdivider for such extension of time shall
210
be made in writing to the Commission not less than thirty (30) days prior
to the expiration of the one (1) year allowed. In granting, such exten-
sion of time, the Commission may require compliance with requirements in
effect at the time such extension is considered.
y. WITHDRAWL OF TENTATIVE MAPS. Any subdivider or record
owner of property upon which a tentative map has been filed may at any
time prior to the action thereon by the Planning Commission. Notice of
such withdrawal shall be made to the Commission in writing. Upon rece-
ipt of such notice, the Commission shall notify each officer, department
municipality, district or agency from which a report was requested when
tentative map was filed. Upon the completion of such notification by
the Commission, the tentative map shall have been officially withdrawn.
No refund in filing fee for any such map witbdrawn shall.be made.
ARTICLE V
SUBDIVISION- FOUR OR LESS LOTS.
SECTION 5.01 AREA OF APPLICATION.,
A. The provisions of this Article shall.apply to any real pro-
perty, or portion thereof, shown on the last preceding tax roll as a
unit or contiguous units, which is divided for the purpose of sale, wh-
ether immediate or future.
SECTION 5.02 IMPROVEMENTS.
A. The same improvements and improvement plans, required by
this ordinance for a subdivision of five (5) or more lots, shall be re-
quired in the case of a subdivision of four or less lots, except in th-
ose instances where certain improvements are found to be uPneeessary by
the Commission for the public welfare, safety and health.
B. EXCEPTIONS. ._
Y 1. Improvements may not be required where the division
I
of any lot or parcel of land is made for the purpose of conveying a
portion thereof to an adjoining parcel of land, so as to increase the
adjoining parcel of land, and where the portion so.conveyed is to be-
come a -part of the building site of the parcel to Which it is to be
attached, and is not to create a separate independent building site.
2. Nothing in this ordinance is intended to require im-
provements for parcels shown on a Record of Survey prepared for the
211
uurpose of clarifying property lines and lot boundaries legally establ-
ished totheeffective date of this ordinance.
3. Upon written application to the Commission said body
may chose to require street improvements for only -that lot upon which
a building permit is being sought. Improvements for the remaining lots
would therefore be required at the time a building hermit was sought for
each lot.
SECTION 5.03 DEDICATIONS.
A. The developer shall grant to the City of SAN JUAN CAPIST_
RANO by separate easement grant deed all right-of-way fir street, alley,
drainage, waterline, or sewer purpose that is shown on the Master Plan
of Highways, other Master Plans and Precise Plan of Record, or that may
be necessary for the development of the property being subdivided. The
dedication of all such right-of-way shall be made prior to the issuance
of any building permits on the property and prior to final approval by
the Commission, of the Record of Survey. The City Council may enter in-
to a reimbursement agreement on that right-of-way necessary for the in-
stallation of a major storm drain channel shown on the Master Plan of
Drainage.
SECTION 5.04 FILING OF MAP
Upon receiving approval of the Commission on the tentative map
the developer shall cause to have prepared by a Licensed Land Surveyor
or Registered Civil Engineer, a Record of Survey in con-,'brmance with
the approved tentative map. This Record of Survey shall be submitted
to the office of the City Engineer for his examination after all con-
ditions of approval on the tentative have been met. The ."ity Engin-
eer will check the map for compliance with the conditional approval
and authorize the developer's engineer or surveyor to record said Re-
cord of Survey with the County. All dedication of right-of-way, all
improvements as reouired, herein shall be provided and all fees for
drainage, water, and sewer shall be paid prior to the City Engineer's
approval of the map for recordation.
SECTION 5.05 CONVEYANCE OF PROPERTY.
A. The owner or developer shall make no deed of conveyance
sale or contract to sell an interest or a portion of any parcel falling
212
within the processions of this article unless and until a Record of
survey has been processed with the City of SAN JUAN CAPISTRANO and the
Orange County Recorder in conformance with the provisions of the Sub-
division Map Act, chapter 15, Article 5, Section 8763 and 8764 and in
the manner prescribed in this Ordinance.
SECTION 5,06 ASSURANCE OF IMPROVEMENT COMPLETION.
Prior to final approval, the Commission shall require bonds,
cash deposits, contracts, or other sureties as in their judgement may
be necessary to assure the required dedications of land to public use
and the completion of required improvements.
SECTION 5.07 ENFORCEMENT.
No building shall be used, or constructed to,be used on any
parcel which does not conform to the requirements of this Ordinance.
No building permit shall be issued on any parcel which does not conform
to the requirements of this Ordinance.
SECTION 5.OB FEES.
All those fees required by Ordinance of the City of SAN JUAN
CAPISTRANO shall be paid for each lot shown on the Record of Survey
prior to the issuance of a building permit.
1. RECORD OF SURVEY CHECKING FEE. In addition to all
other fees, charges and deposits required by law, the subdivider shall
pay a plan - checking fee to the City Engineer upon submitting a final
Record of Survey within the incorporated area of this City. This fee
for examining and checking the Record of Survey shall be Thirty ($30.00)
dollars, plus the sum of Two ($2.00) dollars for each parcel shown on
the map.
2. IMPROVEMENT PLAN CHECKING FEE. At the time of sub-
mission ofrthe improvement plans to the City Engineer --.for checking,
a fee of Fifty ($50.00) dollars plus Four ($4.00) dollars a lot shall
be paid to the City.
3. INSPECTION FEES. All construction on improvements
shall be subject to inspection.by the City Engineer and the subdivider
shall arrange for such inspection prior to the starting of construction
of the improvements. the actual cost sof such inspection shall be paid
by the subdivider. Before filing of the Final Map the subdivider shall
_213
deposit with the City fees in the following amounts:
Three and one-fourth (314) percent of the estimated total cost of impro-
vements. The City Engineer shall make an estimate of these improvement
costs. The.unit prices used in such estimate shall be the prevailing
construction costa in Orange County over the past year and theseunit
costs shall be periodically reviewed and brought up to date. No ad-
justment in or refund of such fees shall be made once such fees have
been paid.
4, ELECTROLIER ENERGY,AND MAINTENANCE CHARGES. The dev-
eloper shall be required to pay to the City of SAN JUAN CAPISTRANO the
estimated cost of the electrolier energy and maintenance charges to be
incurred for a period of one year following the anticipated date of ener-
gizing the street lights. These costs shall be included in the amount
of the bond posted for street light installation. The charges shall be
paid prior to exoneration of said bonds posted by the developer.
5. CITY LOT DIVISION FEE, A fee of Fifty ($50.00) doll-
ars per lot shall be paid to the City prior to the approval of the Re-
cord of Survey by the City Council.
6. EXCEPTION. Upon written application from the owner,
the City Council may elect to permit fees to be paid for only that par-
cel upon which a building permit is being sought. Provided further, that
the owner shall enter into an agreement with the city of SAN JUAN CAP:
ISTRANO in which he shall agree to make such payment of fees at the time
of obtaining a building permit on the, remaining -lots of the Record of
Survey.
ARTICLE VII
SUBDIVISION _-FIVE OR MORE LOTS
SECTION 6.01 TIME LIMIT FOR FILING. Before a date thirty (30) days
prior to the expiration of the approval or cohditional-approval of any
approved expiration of time as provided by the Subdivision Map Act or
this Ordinance, the Subdivider shall cause the proposed subdidision to
be accurately surveyed substantially in accordance with the approved or
contionally approved tentative map and file with the City Engineer a
final map of the subdivision conforming in all particulars to the sub-
division Map Act and this Ordinance. It shall be accompanied by a
214
sufficient number of prints thereof to furnish the several interested
City Departments and public agencies with a copy for checking and fil-
ing purposes. The failure of a subdivider to so file such,map and the
required copies thereof with the City Engineer as provided in Section
6.01 or to have said map recorded within one (1) year after the date
of the approval or conditional approval or any approved extension of
time as provided by the Subdivision Map Act or this Ordinance shall
automatically terminate and void the tentative map approval or condit-
ional . approval.
SECTION 6.02 REPORTS TO THE CITY COUNCIL. Each officer or department
responsible for checking compliance of the final map with the approved
or conditional approved tentative map, shall report in writing to the
Council as to the Compliance or noncompliance of the final map with law
as to matters coming under his or its juriddiction, together with a st-
atement of the charges necessary thereon to cause such map to comply
with,the law. These reports shall be transmitted to the City Engineer
and he:shall include them with his transmittal of the final map to the
Council.
SECTION 6.03 EVIDENCE OF TITLE, The evidence of title required by the
provision of Section 11625 of the Subdivision Map Act shall be certifi-
cate of title or a policy of title insurance issued by a title company
authorized by the law of the State of California to write the same, show-
ing the names of all persons having any re^ord title interest in the land
to be subdivided, together with the nature of their respective interests
therein.
SECTION 6.04 TRACT MAP CHECKING FEE. In addition to all other fees,
charges and deposits required by taw, the Subdivider shall pay a plan
checking f&e to the City Engineer upon submitting d final map shall be
thirty ($30.00) dollars, plus the sum of two ($2.00) dollars .for each
numbered lot shown upon said map.
SECTION 6.05 SIZE AND CONTENT OF MAP.
A. The final map shall beclearlyand legibly delineated upon
tracing cloth of good quality and in conformityeto accepted engineering
practices. All lines, letters, figures, certificates, acknowledgements
and signatures shall be made in black waterproof India Ink.
23.x:
B. The size of each sheet shall be 18 by 26 inches.
C. A marginal line shall be drawn completely around each
sheet, leaving an entirely blank margin of one inch.
D. The scale of the map shall be large enough to show all
details clearly but in no case at an engineer's scale where one (1) inch
equals more than eighty (80) feet.
E. One sheet or as many sheets as are necessary to accommod-
ate the map may be used. Each sheet shall be numbered, the relations
of one sheet to another shown, and the number of sheets used shall be
set forth on each sheet. {
F. The tract number,, scale, north point and sheet number sh-
all be shown on each sheet of the final map.
G. Each sheet and the lettering thereon shall be so oriented
that, with the north point directed away from the reader to the top or
left hand side, the man may be read most conveniently from the bottom
or richt hand side of such sheet.. The narrow dimension of the sheet
shall be the top of map.
H. Basis of Bearing - Upon the title sheet of one map sheet
shall appear the basis of bearings, making reference to some recorded
subdivision map, Record of Survey Map, Lambert Projection of -Zone VI
of the California State Grid: System, astronomical determination, or
other record acceptable to the City Engineer.
SECTION 6.06 TITLE SHEETS. The title sheet of each final map shall con-
tain a title consisting of the number of the subdivision and a sub -title
consisting of a legal description of all property being subdivided, by
reference to such map or maps of the property shown thereon, as shall
have been previously recorded, or shall have been previously filed with
the County Clerk pursuant to a final judgment in any action in partition
or shall have been previously filed in the office of the County Recorder
under authority of Chapter 3, Part 2, of Division 4 of the Business and
Professions Code of the State of California, or by reference to the plat
of any United States Survey. The title sheet shall also show in a form
acceptable to the City Engineer, such appropriate certificates and ack-
nowledgment as required in Article 7 of the Subdivision Map Act,
SECTION 6.07 REQUIRED INFORMATION. The following information shall be
Z16
required on the map:
A. If more than one map is used in preparing the final map
sheet there shall be included either on the title sheet or first map
sheet an index map showing the general plan of the subdivision and the
portion thereof included on each map sheet. All streets shown thereon
shall be represented by a double line.
B. Acreage to the nearest bne-hundredth (1100) of an acre.
C, Location and names, without abbreviations, of all: -
1. Proposed streets and alleys.
2. Proposed public areas and easements.
3. Adjoining streets.
D. Dimensions of each lot.
E. Each lot shall be numbered, each block may be lettered
or numbered, each lot shall be shown entirely on one sheet. -
F. There shall be shown on each final map the designated ce-
nterline of each highway, street, alley or way, the total width thereof,
the width on each side of the centerline and the street sideline shall
be shown the bearing and length of each tangent radius, central -angle,
and length of curve. The colored border of the map shall be shown along
the centerline of any street ,or highway were such street or highway may
define a limit of the parcel being subdivided.
SECTION 6.08 RECORD OF EASEMENTS.
A. The final map shall show sufficient data to establish the
location by dimensions of all easements which are of record at the time
of recording. If the easement is not definitely located of record, a
statement as to the easement shall appear on the title sheet. The pro-
visions of Section 11587 of the Subdivision Map Act may be utilized
when applidable.
B. Easements for storm drains, sewers and other purposes
shall be denoted by broken lines.
C. The easement shall be clearly labeled and identified
and if already of record proper reference to the records given.
D. Easements being dedicated shall be so indicated in the
owner's certificate.
E. At the time the subdivider presents the final map to the
21'7
City Council, he shall present a statement.certifying that satisfactory
provisions will be made with each of said public utility companies as
to location of their facilities and that easements, where required by
such companies, shall be provided.
SECTION 6.09 BOUNDARY AND MONUMENTS.
The limits of error for survey
work shall be one in twenty-five thousand (1;25,000). The practice
and procedure of all survey work done on any final map of a subdivision
whall conform to the accepted standards of the engineering profession.
In the event the centerline of any street, alley or way shall have been
established, the final map shall show such centerline,.Cogether with
reference to a county field book or map of record showing such center-
line and the monuments which determine its position; if determined
by ties, the fact shall be stated upon the final map.
A. BOUNDARY LINE. 2he boundary line of a subdivision shall
be indicated by a border of light blue ink; approximately one -sixteenth
(116) of an inch in width applied on the reverse side of the tracing
and outside such boundary line. Such ink shall be of such density as
to be transferred to a blue line print of such map and not to obliterate
any line, figure or other data appearing on such map.
B. EVIDENCE DETERMINING BOUNDARY. On each final map shall be
fully and clearly shown all monuments and points found. Identification.
of such stakes, monuments or other evidence as were found in the ground
together with sufficient corners of adjoining subdivisions by lot and
tract number and place of record, or by section, township, and range
or other proper legal description as maybe necessary to locate precis-
ely the limits of the subdivision. Reference used and bearings and dis-
fl
tances shown unless otherwise indicated shall be prima facie evidence
that same references, bearings, and distances were actually used and
measured.
C. BOUNDARY MONUMENTS. Each final man shall show durable
monuments of not less than two (2) inch iron pipe at least eighteen
(18) inches long found or set at or near each boundary corner and at
intermediate points, approximately one thousand (1,000) feet apart, or
at such lesser distance as may be made necessary by topography or cult-
ure to insure accuracy in re-establishment of any point or line without
2.18
unreasonable difficulty. The precise position and character of each
monument shall be shown on the final map together with the approximate
elevation of each such monument with respect to the surface of the
ground.
D. LOT MONUMENTS. All lot corners shall be mpnumented with
not less than.a three-quarter (3/4) inch iron pipe,or by offset monuments
as approved by the City Engineer.
E. MONUMENT INSPECTION. All monuments shall be subject to
inspection and approval by the City Engineer.
F. CENTERLINE MONUMENTS. Streets, alley and way centerline
monuments shall be set to mask the intersections of streets, intersect-
ions of streets with alleys or ways, intersections of alleys with alleys
or ways, or at the intersection of any street. alley or way with a tract
boundary. Street centerline monuments shall also be set to mask either
the begining and end of curves or the points of intersection of tangents
thereof. Such centerline monuments shall be of not less than two (2)
inch iron pipe at least eighteen (18) inches long set in the subgrade.
Four (4) chisel marks in the rim of a manhole is an acceptable
monument when -properly reference with four (4) PK's on lips set four (4)
feet away.
G. NOTES TO BE FURNISHED. For each centerline intersection
monument set, the engineer or surveyor under whose supervision the sur-
vey has been made shall furnish to the City Engineer a reproducible set
of notes showing clearly the ties.between such monument -:and a sufficient
number, no less than four (4) of durable distinctive reference points of
monuments. Such reference points may be lead and yacks PK's of' three
quarter (3/4") inch iron pipe not less than sixteen (Winches long in
which is sycured a tag bearing the surveyor's.or engineer's registrat-
ion number, or such substitute therefore as appears to be.not likely
to be distrubed, and is approved by the City Engineer. The set of
notes furnished shall be drawn on eight and a half (81) by eleven (11)
sheets of reproducible polyester film with plastic pencil and shall
conform to the standardized office records of the City Engineer.
H. IDENTIFICATION MARKS. All monuments set as required
herein shall be permanently marked or tagged with the registeration or
X19
license number of the enginder or surveyor under whose supervision the
survey was made.
SECTION 6.10 SURVEYING DATA FOR LOTS.,
A. CURVE DATA. The length, radius and total central angle
and bearings of terminal radii of each curve and the bearing of each
radial line to each lot corner of each curve, and the centeral angle
of each segment within each lot shall be shown thereon.
B. BEARING AND DISTANCES. The bearing and length of each
lot line, block line and boundary line shall be shown on the final map.
Each required bearing and distances shall be shown in full and ditto
mark or other designation of repetitions shall be used.
C. LOTS AREAS. Lots containing one acre or more: shall net
acreage to the nearest one-hundredth (1/100) of an acre.
. D. LOTS NUMBERS. The lots shall be numbered consecutively
commencing with the number one (1) except as otherwise provided herein,
with no omissions or duplications.
SECTION 6.11 DANGEROUS AREAS. If any portion of the land within the
bounddries shown on any final map is known to be dangerous by reason
of geological conditions, unstable subsurface conditions, ground -water
or seepage conditions, flood hazard, inundation of any other dangerous
condition, such fact and an identification of the affected portion shall
be clearly shown on such final map by a prominent note on each sheet of
such map whereon any such portion shall be shown.
SECTION 6.12 EXCLUSIONS. No portion of any property shown on the latest
adopted County taxrollas a unit or contiguous units shall be excluded
from within bhe boundaries of a subdivision or division of land for the
purpose of avoiding dedication or improvement of any traffic, drainage
or flood control facility.
SECTION 6.13 CONFORMITY OF "NOT -A -PART" PARCEL TO PLANS, Any portion
of the property shown on the latest adopted County tax roll as a unit
or as contiguous units but not included within the boundaries of a sub-
division shall be of such.size or shape as to conform to the provisions
of this Ordinance and the Land Use Ordinance of the City,of SAN JUAN
CAPISTRANO.
SECTION 6.14 ACCESS ON CREATED LAND. Any parcel of land created from
220
another parcel by means of filing or recording a map, the approval
of which is required by the City Council, shall have access to an
all-weather mad, the design, location and width of which are approved
by the City.
SECTION 6.15 ACCESS TO SUBDIVIDED .LAND. A subdivision shall provided
vehicular access to all homes within a subdivision for purposes of pol-
ice and fire protection. The layout of the tract shall be such that
blocks of twenty (20) or more homes shall have access by two or more
streets. A tract street layout showing only one street for vehicular
ingress or egress to a large group of homes shall be cause for disap-
proval. Exception: The City Council may approve such a layout on a
final map if there is an record at the time of approval of said final
map a precise plan providing for a future street extension that will
permit a second street for ingress or egress to said tract.
SECTION 6.16 LIMITED ACCESS DESIGNATION. When vehicular access rights
shall be offered for dedication to the City of SAN JUAN CAPISTRANO by
appropriate certificate on the title -sheet and a note stating "ALL
VEHICUIwR ACCESS RIGHTS DEDICATED TO.;THE CITY OF SAN JUAN CAPISTRANO"
shall be lettered along the highway adjacent to the lots affected on
the final map.
SECTION 6.17 CITY OR COUNTY BOUNDARY LINES. Any city or county bound-
ary line adjoining the subdivision shall be clearly designated and tied
in upon the final -map.
SECTION 6.18 LAND SUBJECT TO FLOOD HAZARD. When any portion of the land
within the boundaries of any final map is subject to inundation. flood
hazard or possible flood hazard by storm waters, such fact and portion
be
shall/clearly shown on such final map by a prominent note on each sheet
of such maj whereon any such fact and portion shall be shown.
SECTION 6.19 NATURAL WATER COURSE DESIGNATION. In the event that a
dedication of right-of-way for flood control or storm drainage is not
required, the location of any natural water course, channel, stream
or creek shall be shown on the final map.
SECTION 6.20 RESTRICTION TO DRAINAGE. When the property being sub-
divided property and no street, alley or way provides for the drainage
of such adjoining property, the subdivider shall dedicate and improve
221
drainage easements in a manner adequate to drain the adjoining property.
In the event the grading of the subdivision shall create difference
in grade at the tract boundary in excess of one foot in elevation, con.
crate retaining walls shall be constructed around the tract perimeter at
such location.
SECTION 6.21 ELECTROLIER ENERGY AND MAINTENANCE CHARGES. The developer
shall be required to pay to the City of SAN JUAN CAPISTRANO the estimated
cost of the electrolier energy and maintenance charges to be incurred
for a period of one year following the anticipated date of energizing the
street lights. These costs shall be estimated by the City Engineer.
The amount of the charges shall be included in the amount of the bond
posted for street light installation. The charges shall be paid prior
to exoneration of said bonds posted by the developer.
SECTION 6.22 CITY IAT DIVISION FEE. A fee of Fifty ($50.OG) dollars
per lot shall be paid to the City prior to the approval of the final map
by the City Council.
SECTION 6.23 RESERVATION OF LAND FOR PARKS. The City shall reserve the
rights to set aside portions of a proposed subdivision for public parks
purposes. The City shall pay the developer for the net area of the parcel
on a basis of raw land value plus the proportional cost of the improvements.
SECTION 6.24 COPIES OF RECORDED MAP. After the final map has been
recorded in the County Recorder's Office, one (1) blue line on cloth
print and two (2) brown line sepia reproducible prints of such map shall
be furnished to the office of the City Engineer.
ARTICLE VII
DEDICATIONS, IMPROVEMENTS & IMPROVEMENT PLANS
SECTION 7.01 DEDICATIONS.
A. STREETS, HIGHWAYS AND PUBLIC PARCELS. All streets, highways, and
public parcels, such as alleys, ways, easements, rights of way and parcels
of land shown on the final map and intended for public use shall be
offered for dedication for public use by an appropriate certificate on
the title sheet of the tract map.
B. WATER LINES AND EASEMENTS. The domestic water for a subdivision
shall be supplied by the City of SAN JUAN CAPISTRANO or approved
223
source, and the water distribution system, supply and appurtenances thereto
shall be dedicated to the City of SAN JUAN CAPISTRANO together with the
easements within which they are located.
C. SEWER LINES AND EASEMENTS. The sanitary sewer system for a
subdivision shall drain into the sewer system of the City of SAN JUAN
CAPISTRANO. The sanitary sewer system and appurtenances for a subdivision
shall be dedicated to the City of SAN JUAN CAPISTRANO together with
the easement within which theyamlocated.
D. DRAINAGE RIGHTS OF WAY. When storm drains are necessary for the
general use of lot owners in the subdivision, and such storm drains are
not to be installed in the streets, alleys or ways of such subdivision,
then the subdivider shall offer to dedicate upon the final map thereof the
necessary rights of way for such drainage facility. Such rights of way:'
shall be shown as lots lettered alphabetically on the map.
E. FLOOD CONTROL, CHANNEL DEDICATION. Where the property being
subdivided, or any portion thereof, is traversed by a flood control
channel, or any lateral thereto, either existing and requiring additional
right of way or proposed and requiring full right of way, which had been
approved by the City Council and the Orange County Flood Control District,
the subdivider shall dedicate such rights of way. Such rights of way
shall be shown as lots lettered alphabetically on the map.. Such dedi-
cation shall be offered by appropriate certificate on the title page of
the map. In addition, and executed grant deed conveying title of said
rights of way to the. City of SAN JUAN CAPISTRANO or the Orange County
Flood Control District shall be delivered to said City prior to approval
of the final map by the City Council. In conformance with the adopted
policy of the City of SAN JUAN CAPISTRANO, the City Council may elect
to enter into a reimbursement agreement on said right of way.
F. FUTURE DRAINAGE RIGHTS OF WAY. When the property being sub-
divided or any portion thereof is so situated as to be in the path of
the natural drainage from adjoining unsubdivided property and no street,
alley or way within the subdivision provides for the drainage of such
adjoining property, the Subdivision shall dedicate future drainage right.
of way adequate to provide for the ultimate drainage of the adjoining
property. Such right of way shall be shown as lots lettered
2"
alphabetically on the map.
G. UNDERGROUND WATER RIGHTS. The subdivider shall dedicate
to the City of SAN JUAN CAPISTRANO by separate grant deed all rigths
to subsurface water, without the right to surface entry for purpose
of developing said water.
SECTION 7.02 IMPROVEMENTS.
A. IMPROVEMENTS REQUIRED. The subdivider shall improve, or
agree to improve, all land dedicated for streets, highways, public ways
and easements as a condition precedent to acceptance and approval of
the final map. Such improvements shall include as a minimum grading,
surfacing, sidewalks, curbs, gutters, cross gutters, storm drains,
culverts, bridges, appurtenant storm drain structures, street lights
suspended from metal poles, underground telephone lines, street name
and traffic control signs, barricades and safety devices, street trees
of a type and size specified by the City Engineer, monuments, fencing
of flood control channels and freeways, fire hydrants and valves, meters,
water^mains, individual water service connection and appurtenances to
the property .line, sanitary sewer mains, sewer manholes, house laterals,
appurtenant sewer structures, and such other structures of improvements
as may be required by ordinance or deemed by the City Council to be ne-
cessary for the general use of the lot owners in the subdivision and
local neighborhood, traffic, sewage water and drainages needs.
B. INSPECTION FEES. All(tnstruction of improvements shall
be subject to inspection by the City Engineer and the subdivider shall
arrange for such inspection prior to the starting.of construction of the
improvements. The actualpost of such inspection shall be paid by the
subdivider. Before filing of the final map the subdivider shall deposit
with the City fees in the following amounts: Three and one-fourth (314)
percent of the estimated total cost of improvements. The City Engineer
shall make an estimate of these improvement costs. The unit prices used
in such estimate shall be the prevailing construction costs in Orange '
County over the past year these unit costs shall be periodically reviewed
and brought up to date. No adjustment in or refund of such fees shall
be made once such fees have been paid.
C. EXISTING CITY ROADS. Where a subdivision or any part
224
thereof lies along an existing improved public highway or road, the
Subdivider shall improve or -agree to improve the area of such highway
or road lying between the centerline of the street thereof and the ult-
imate right-of-way. Such improvements shall be in accordance with the
standard typical street sections and in accordance with City Standard
Plans and Specifications.
If the improvement to be performed is upon a.p, rtion of a
highway which the City is contemplating improving„ the City may elect
to improve the portion thereof otherwise required to be improved by the
Subdivider; in such event, the Subdivider shall, prior to the approval
of the final map, pay to the City in full discharge of the Subdividers
obligation herein provided for, a sum equal to the estimated cost to
the City performing the improvement required to he performed by the Sub-
divider. The improvement to be performed by the City shall be done at
the time the City improved the highway.
SECTION 7.03 IMPROVEMENT PLANS AND PROFILES.
A. Plans, profiles, specifications and all necessary details
of the proposed improvements of all streets, highways, alleys and ways,
included structures incidental thereto, shall be prepared in accordance
with the Standard Plans and Standard Specifications adopted by the City
Council of the City of SAN JUAN CAPISTRANO. These improvement;, plans
shall show the proposed improvements for water system, sewer system,
and drainage. In addition there shall be submitted grading plans show-
ing the existing and proposed elevations of streets and lots throughout
the entire treat. Such grading plan shall be signed by a Registered
Civil Engineer and prepared at the time the improvement plans are sub-
mitted for checking. The plans and profiles shall show.the location
of all surface and sub -surface structures found or needed to be located
to make the improvement shown on such plans and profiles. All improve-
ment plans shall be submitted to and checked and approved by the City.
Engineer, not later than the time of submitting the final map for accept-
ance by the Council.
The improvement prlans shall be prepared in Ipdia ink on good
quality linen tracings. In the event the Association of Orange County
Engineers, shall adopt as a recommended standard, a plastic tracing
2�5
material and plastic pencil, said material and pencil shall be permitted
as an .acceptable method of plan preparation.
B. IMPROVEMENT PLAN CHECKING FEE. At the time of submission
of the improvement plans to the City Engineer for checking, a fee of
fifty ($50.00) dollars plus four ($4.00) dollars a lot shall be paid to
the City. Said fees shall not be charged for a subditision consolidat-
ing properties into one (1) lot or for a subdivision for the purpose of
reversion to acreage.
SECTION 7.04 ASSURANCE OF IMPROVEMENT COMPLETION. 1
A. AGREEMENT IN LIEU OF IMPROVEMENTS. If any improvements
are not completed satisfactorily or any monuments not set before the
final map is apnro.ed, the owner or owners of the subdivision shall
enter as contractor into an agreement with the City whereby, in consider-
ation of the acceptance by the City of streets and easements offered for
dedication,the contractor agrees to furnish the equipment and material
necessary and to complete the required work within the time specified
in the agreement. Such agreement or agreements shall be.accompanied by
a bond as provided herein below.
B. BOND-IMPROVEMENTS. The agreements referred to above shall
be acoompanied by a bond guaranteeing the faithful performance of all
work, and guaranteeing payment for labor and materials in a penal sum
equal to the estimated cost thereof.
C. FAITHFUL PERFORMANCE BOND-MONUMENTS. If the certificate
by the Surveyor or engineer on the final map provided that the monuments
shall be 'set at a specified later date in accordance wAh Section 11566
of the Business and Professions Code, a monument bond guaranteeing the
setting of those monuments shall be,,posted by the developer in accordance
with Section 11592 of said Business and Professions Code.
D. FORM OF BOND. All tax bonds and bonds for special assess-
ments furnished under auth^rity of the Subdivision Map Act and all faith-
ful performance bonds, referred to in thishtticle shall be furnished by
a surety company authorized to write the same in the State of California
and shall be subject to approval and acceptance by the City.
In lieu of all bonds required by this Article the Subdivider
may deposit with the City a sum of money egyal to the required amount
226
of such bond for the faithful performance thereof.
E. CERTIFICATE OF INSURANCE. The developer shall, at the
developer's sole cost and expense, but insuring both the City and the
developer, maintain general public liability insurance against claims
for personal injury, death or.property damage occuring upon, in or a-
bout the subject development or any building thereto the limit of not
less than one hundred thousand ($100,000) dollard in respect to injury
or death to a single person, and to the limit.of not less than three
hundred thousand ($300,000) dollars in respect to any one accident
and to the limit of not less than one hundred thousand.($100,000) doll-
ars in respect to damage. The developer shall provide a Certificate
of Insurance-from�the insurance company testifying to the fact that the
City has been named as an additionally insured prior to approval of the
final map.
ARTICLE VIII
MODIFICATIONS_VALIDITY-PENALTIES
SECTION 8.01 MODIFICATIONS. Whenever the strict.applications of the
requirements of this Ordinance is impractical or contrary to the best
interests of the public, the Planning Commission may make any modificat-
ion that is reasonable necessary or expedient, provided such modificat-
ions are in keeping with the intent and requirements of this Ordinance
and the Subdivision Map Act.
SECTION 8.02 CHANGE IN CONDITIONS. If, after the expiration of the
fifteen (15) days for filing an appeal, a change in conditions affect-
ing the proposed subdivision occurs which renders a requirement or con-
dition of approval of a tentative map unreasonable or arbitrary of modify
such requirement or condition. Such application shall set forth the
facts showing. the change in conditions affecting the proposed subdivis-
ion which have occurred since,the approval or conditional approval and
the particularrequirement or condition, the enforcement of which is
claimed'' to have become arbitrary or unreasonable by reason of changed
conditions. Upon receipt of the application, the Planning Commission
shall fix the time and place for its consideration, and give notice there-
of to the Subdivider or owner and all other necessary departments.
SECTION 8.03 VALIDITY. If any section, subdection, paragraph, sentence,
227
clause or phrase of this Ordinance is for any reason held to be un-
constitutional or invalid, such decision shall not effect the validity
or constitutionality of the remaining portion: -of this Ordinance,' The
City Council hereby declares that it would have passed this Ordinance
and each section, subsection, paragraph, sentence, clause, or phrase
thereof, irrespective of this fact that one or more of the sections,
subsections, paragraphs, sentences, clauses or phrases, thereof be
declared unconstitutional or invalid:
SECTION 8.04 PENALTY. Any person violating any of the provisions of
this Ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than five hundred ($500.00)
dollars or by imprisonment in the County Jail for not more than six (6)
months or by both such fines and imprisonment.
SECTION $.05 HEADINGS. The City Council hereby declares -.that the head-
ings used in this Ordinance are for convenience only and shall in no way
be referred to interpret any section of this Ordinance.
SECTION 9.01 The City Clerk shall certify to the passage and adopting
of this Ordinance by the City Council of the City of San Juan Capistrano
at a regular meeting held on the 24th day of September, 1962 and shall
r
cause the same to be published in the Coastline Dispatch within fifteen
days after its passage.
Passed, approved and adopted this 24th day of September, 1962.
Mayor of the City of
San Juan Capistrano
ATTEST:
City Clerk of the City of
San Juan Capistrano
State of California )
County of Orange )ss
City of San Juan Capistrano)
I, Ernest A. Thompson, City Clerk of the City of San Juan Cap-
istrano, do hereby certify that the foregoing and attached Ordinance was
finally passed, approved and adopted by the City Council of the City of
San Juan Capistrano at a regular meeting thereof held on the 24th day of
228
September, 1962.
AYES: Councilmen: Bathgate, Cliff, Durnford, Olivares
and Buchheim.
NOES: Councilmen: None
ABSENT: Councilmen: None
(SEAL)
City Clerk of the City of
San Juan Capistrano -
ORDINANCE NO. 57
AN ORDINANCE AMENDING CITY ORDINANCE N0. 5
OF THE CITY OF SAN JUAN CAKSPRANO, CALIF-
ORNIA BY INCORPORATING THEREIN CERTAIN DIST-
RICT REGULATIONS GOVER1IMG C -2-A, RESTRICTED
3U3INES3.DISTRICT.
The City Council of the City of San Juan Capistrano does ordain
as follows:
SECTION 1. That Ordinance No. 5 of the City of San Juan Capistrano,
governing land classifications and Districts within the City of San Juan
Capistrano and regulating the use of preperty therein, is hereby amended
• by adding subsection K to Section 3 thereto, establishing District Reg-
ulations stipulating requirements for areas zoned as follows:
K. C_2 -A ''RESTRICTED GENERAL 3USI'v SS!' DISTRICT REGULATIONS.
1. PURPOSE
To provide an environment of spaciousness, landscaping and automo-
bile off street parking, for the conducting of General Business of the
C-2 type which at the same time will maintain and present an area compat-
ible with the natural beauty and traditions of the Capistrano Valley.
2. USES PERMITTED --
(a) 'All uses permitted in the C-1 District but under the restrict-
ions imposed by this Ordinance.
(b) The following general or wholesale types of business:
Acessory uses and buildings
.Auctian Rooms
Auto Sales for new and used ears
Amusement Resorts
Auto Repair and Storage Garr -ices