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Ordinance - 184ORDINANCE NO.: O AN ORDINANCE RELATING TO THE.DIVISION AND RESUBDIVISION OF LAND WITHIN THE CITY OF WKST COVINA. The City Council of the City of West Covina does ordain as follows:: SECTION 1. The City Council of the City of West Covina, hereby assumes control of the design and improvement of land and land divisions, sabdivisions and re -subdivisions.. It is hereby made unlawful to sell, or to offer. to sell,; any land to be divided and any land within a subdivision or re -subdivision as defined in this ordinance within the City of West Covina until the subdivider has first conform- ed to the requirements of this ordinances SECTION Z01 SHORT TITLE. This ordinance shall be known_ as the "Land Division and Re -Subdivision Ordinance of the City of Test Covina*, SECTION 3.• DEFINITIONS..- Unless it is plainly evident from the context that a different meaning is intended,: certain terms used herein are defined as follows: "City Council" shall mean• the legislative body of the City of West Covina,. "Block" shall mean a tract of land within a subdivision • entirely bound by streets, highways or ways, except alleys; or by streets, highways or ways, except alleys, and the exterior boundary or boundaries of the`; subdivision. "Desi-gn" shall mean street alignment, grade and widths, alignment and width of easements.and rights of way for _drainage and sanitary sewers and minimum lot area and width. "Division" shall mean any land or paortion thereof shown on the last preceding Tax Roll as a unit, or as contiguous units, which is divided for the purpose'of sale, whether immediate or future, by any subdivider into four or less -parcels. "Final leap" shall mean a. map prepared in accordance with the provisions of this ordinance, which map is designed to be placed on record in the office of the City Engineer of the City of West Covina.- r7 tanning Commission" shall mean the Planning Commission of the City of West Covina.. "Private street" shall mean any parcel of land not dedicated as a public street and used or intended to be used for ingress to or egress from a lot or' lots which may- or may not have frontage on a public street. "Re -Subdivision" shall mean any land heretofore. sub- divided and shown on the Official -Records of, the Recorder of Los Angeles County as a subdivision tract, of which sub- division tract any lot or lots is divided for the purpose • of sale, whether immediate or future, by any subdivider - into four or less parcels. -1- "Subdivider".. shall mean a person, firm; corporation, partnership or --association or a combination -thereof who or which causes land -to be divided by division, subdivision or re -subdivision into a subdivision for himself,.itself or for others. -"subdivision" shall mean any land or portion thereof' shown on a last preceding Tax Roll as a unit or as con= tiguous units which -is divided for the purpose of sales whether immediate or future, by any subdivider into four or less parcels.. "Tentative Map" shall• mean a map made for the purp-ose of showing the design of a proposed - subdivision and or the existing conditions in and around it and need not` be used Upon an accurate or detailed final survey of the property. The terms "Division," "Re -subdivision," or "Sub. - division" whenever herein used shall each include the others. SECTION 4.. ADVISORY AGENCY. The Planning Commission of the City of 'Nest Covina is hereby designated as the: "Advisory Agency" as that term is used in the Map Act and is charged with the duty of making investigations and reports on the design and improvement of proposed divisions, subdivisions, or re -subdivisions:, SECTION 5. -FILING OF TENTATIVE MAP.- Before presenting • to the City Council any Division, Subdivision, or Re - Subdivision Map for approval- each subdivider _shall f ile with the Planning Commission four (4) white copies of the tentative map and such additional copies as may be required by said commission -and four (4) copies of ac- companying data, made in accordance with the requirements of Section 6 of this ordinance. The time of filing a tentative map shall be construed to be the time at which the same together with required' data is received in the ioffice of the Planning Commission. The Planning Commission shall indicate the ._date of filing upon all copies -of the tentative .map and accompanying data,, and thereafter shall. transmit one copy of the map to each of the following: City Engineer and Superintendent of Streets; one copy of the accompanying data, if any, shall be forwarded to the City. -Engineer and Superintendent of Streets.. Concurrently with the filing of the tentative map the Subdivider shall file with the Planning Commission an affidavit setting f orth the names of the owners of real[. property within 500 feet of all -boundaries of the proposed subdivision and further setting forth that the subdivider has notified in writing such owners; of the subdivider's intention to file the said tentative map. • -2 SECTION 6.- FORM OF TENTATIVE MAP, (A)'Subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared and such_ tentative map shall be in full compliance: with the requirements of this sect ion. (B) Said tentative map -shall be clearly and legally drawn.. The minimum dimensions of this map shall be 18 inches by 26 inches. The scale of the map (preferably one inch equals one hundred feet) shall be such as to show clearly all details.thereof, and said map shall contain the following information: . (1) Sufficient description to define the location and boundaries of the p ropose.d subdivision.- ' (2 , Name and addre ss of record owner or owners. (3) Name and address of the subdivider.. (4) The locations, names and existing widths of adjacent streets,: highways. and ways. (5) The locations, names and widths of all existing or proposed streets, highways and ways in the subdivision and their approximate grades if in excess of the six (6) per cent. , (6) The approximate widths and'locations of all existing or proposed easements for drainage, sewerage or public utilities. (7) Approximate lot layout and approximate dimensions of each lot. (8) Approximate boundaries of areas subject to inundation or storm water overflow and the location, width and direction of flow of all water -courses.. • (9) Plan and easements for drainage and for handling storm water. - (10) Existing use or uses of the property and, to scale, the outline of any existing buildings and their location in relation to existing and proposed street and lot lines. (11) Statement of the proposed use or uses of the property if such use is more restricted than is permitted in the zone in which the subdivision is located. (12) Source of water supply. • (13) Provisions for sewerage and sewage disposal. (14) Proposed public areas, if any. (15) Statements of the improvements and public utilities proposed to be made or installed and of the time at which such improvements are proposed to be completed. (16) Type and location of street lights proposed to be installed, if any. (17) Location of Fire Plugs, if any, and (18) Date, north arrow and scale. (C) Such of the foregoing information as may not practic- ally be shown on the map shall be contained in a writtenr state- ment accompanying the same. When the area to be subdivided? is not shown on one sheet of the required size, the Planning Commission may require the submission of a map showing the entire area and indicating street and lot lines only. When • a tentative map is submitted the Planning Commission may require the subdividers to show any of the following: - 3-- (1) That he is the owner of the property shown on the map as proposed for subdivision. (2) That he has an option or contract to purchase the property or that portion of which he is not the owner. (3 ) That he is the authorized agent of one who can comply with the requirements of (1) or (2). SECTION 7. STANDARDS ,AND DESIGN. Each subdivision and the map thereof shall be in conform- ity to the following standards; (A )' Streets and Highways.. The map shall show the side lines of each street, the total width of each street, the width of the portion being dedicated, and the width of existing dedications. The widths and locations of adjacent streets and other public properties shall be shown. If any street in the subdivision is a continuation, or approximately a continuation of an existing street, the conformity or the amount of nonconformity of such street to such existing street shall be accurately shown. Whenever the County Surveyor or the City Engineer _ and Superintendent of Streets has established the center line of a street or alley, the date shall be shown on the final map. All streets, as far as practicable,may be re- quired to be in alignment with existing adjacent- streets or their proper projection and shall be in general conform- ity with the most advantageous development of the area affected by such subdivision.. (B) Major and Secondary Highways, Widths and Alignments._ Each major or secondary highway shall conform in width • and alignment to those designated on any master plan of streets and highways approved by the City Council or any modification thereof approved by said Council and shall -conform t-o any proceedings affecting the subdivision which may have been initiated by the City Council or approved by said Council ipon initiation by other legally constituted bodies of the city, county or state. (C) Local Streets - Widths. Each street extending from one major or secondary"highway • to another and all other streets in such subdivision, except major ,ot secondary streets, shall have a width of not less than sixty (60) feet and a roadway width of not less than thirty-six (36):feet; provided that where, in the opinion of the City Council, the type of adjacent development or other economic factors render it advisab1e, short streets in residential districts may have a lesser width but not less than fifty-two (52)'feet and a roadway width of not less than thirty-two (32) feet;, provided further, that local streets in any steep hillside sub- division may have a lesser width but not less than thirty (30.) feet in which event the roadway therefor shall be not less than twenty-four (24) feet wide. 0 -4- (D) Dead-end Streets. There necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property,and th-e resulting dead- end streets may be approved without a turn -around., In all other cases a turn -around having a minimum radius of forty (40) feet with a curb radius of not less than thirty (30) feet shall be provided -except where extraordinary conditions make a strict enforcement of this rule im- practicable. (E) Boundary Line Streets. ® Any land intended to be a part of the ultimate width of a major or secondary highway or any reservation there- for, lying along and adjacent to any boundary of the sub- division, shall have such a *idth.as will conform to the lines shown on any master plan of streets and highways approved by the City Council or any modification thereof so approved covering the same portion of such subdivision. Subject to all of the provisions of subsection. (C) of this section, any land intended to be a part of the ultimate width of a highway or streets, other than any such major or secondary highway, or any reservation there- for, lying along and adjacent to any such boundary shall have a width not less than one-half of the full width required for any such highway or street by the provisions of said subsection unless special conditions of alignment require some other width. (F) Private Streets. • Where private streets are indicated on such map they shall conform to standards as set forth in Section 7 ('C) of this ordinance.. (G)'Intersection Angle and Block Cut-off. Any highway or street intersecting any other highway or street shall intersect at an angle as near a right angle as is practicable. -At street intersections which include major or secondary - highways, intersecting of an angle of approximately • ninety (90) degrees, the block corner shall be rounded at the property line by a radius of not less than fifteen (15) feet. At intersection of other'streets the radius shall be not less than ten (10) feet.. An optional method of a diagonal cut-off may be used, provided that the dimensions thereof do not reduce the visibility, sidewalk width or curb radius obtained by the above specified radii.. The curb radius may be required to conform to the radius of existing corners at the same intersection where such radius is greater than fifteen (15) feet. Streets inter se ct ing at an angle other than ninety (90) degrees shall have sufficient radius or cut-off to provide the same results as to traffic movement, visibility and design as provided by the foregoing requirements of this subsectl=*- • -5- (ffY Curve Radius. The center line curve radii on all streets and highways shall conform to accepted engineering standards of design and shall be subject to approval by the City Engineer and Superintendent of Streets. (I) Grade of Streets and Highways. -_ No street or highway -shall have a grade of more than seven (7) per cent unless because of topographical conditions or other exceptional conditions, the City Engineer. -.and Superintendent of Streets determines that a grade in excess of. seven: (7) per cent is necessary. (J)? Alleys. Alleys at least twenty (20) feet in width shall be re- quired in the rear of all lots used or intended to be used for business purposes, or residential lots which adjoin a major highway.. In other cases the provisions for alleys shall be optional with the subdivider, provided that such alleys shall_be not less than twenty (20) feet in width. Where two alleys intersect, a corner cut-off of not less than ten (10) feet shall be required. (K) Street and Alley Arrangement. The street and alley arrangement shall be such as the City Council, in the exercise of its sound discretion, may determine will cause no undue hardship to owners of adjoin- ing property when they subdivide their land, and adequate and convenient access to adjoining property shall be required. (L) Street Names. Each street or way which is to be dedicated, which is a continuation of, or approximately the continuation of, any existing dedicated street or way, shall be given the same name as such existing street or way.. The proposed name of each other street or way shown on said map shall be submitted to the City Engineer and Superintendent of Streets for his approval, and if no such name is a duplication of or so nearly the same as to cause confusion with the name of any existing street or way located in the City of West Covinas or ..in close proximity thereto, such name shall be approved by him.. When any such street or way forms a portion of any proposed' street or way ordered by the ' City Council to be surveyed, opened, widened or improved, and in such order a name therefor is assigned or designed, the name of such street or way shown on the final map shall be the same as the name contained in said order.. The words ",Avenue,"- "Boulevard," "Place ," or other designation of any such street or way shall be spelled out in full on the map.. (M) Easements.. Where alleys are not provided and where underground service is not provided in public streets, easements not less than five (5) feet in width shall be provided within. the subdivision for public utilities' purposes on each side of rear lot lines and along side lot lines where necessary, Easements of lesser width may be permitted when approved by the Planning Commission.. • - 6- The side lines of all easements shall be shown by fine dotted lines. If any,e asement already of record cannot be definitely located, a statement of the existence, the nature thereof and its recorded reference must appear on the title sheet. Distance and bearings on the side lines of lots which .are cut by an easement must be arrowed or• so shown that the map will indicate clearly the actual lengths of the lot lines.. The widths of all a asements7 and sufficient ties. thereto definitely to locate the same with respect to the subdivision must be shown. All easements must be clearly labeled and identified; if an easement shown on the map is already of record, its recorded reference must be given. If an easement is being; dedicated -by the map, it shall be set out in the owner's certificate of dedication.. All notes and figures pertain- ing to easements shall be considerably smaller and lighter than those -relating to the subdivision itself. (N)" Block Lengths. Blocks shall not exceed two thousand six hundred feet (2,600) feet in length between street lines, except where topographical conditions or previous surroundings layout require longer blocks, or acre subdivisions justify or require a variation from this requirement. (0) Block Widths-. The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of thJs,ordinance unless the surrounding layout, lines of ownership, or topographical conditions justify or make necessary a variation from this requirement. (P) Lot Size. By reason _of the fact that Tract or Block areas in the City vary . in size in at least three distinct areas of the city, the Planning Commission may recommend and the City Council may create three or more zones or mini- mum lot area districts within which minimum lot areas and minimum lot length and width-s7 would be a stablished.. Until such time as such minimum lot zones or districts and minimum lot width districts are established the minimum lot area in any subdivision shall be 7,500 square feet with a minimum width of 50 feet. 0' 1. If in the opinion of the City Council lots of lesser area or lesser width will not be detrimental to the public welfare or injurious to the property or improve- ments of other owners of property, the City Council may vary said requirements and,. in harmony with the general. purpose and intent of this ordinance, may approve lots - of lesser area and lesser width.- (Q) Lot Depth. The minimum depth formsidential lots shall be suf- ficient to permit full conformity with the building line requirements imposed by the Zoning Code or any other ord- inance of the City of West Covina, and in the determination: of said minimum lot depth consideration shall be given to topographical location and other physical conditions of, the proposed subdivision. -.7 0 (R) Lot Lines. The side lines of all lots, so far as possible, -shall be at right angles to the street which the lot faces, or radial or approximately radial if the street is curved. (S) Divided Lots. No lot shall be divided by a city boundary line, nor any boundary line between registered (Torrens Title) and unregistered land, nor any boundary line between parcels.; of registered land under separate ownership. Each such boundary line shall be made a lot line (T) Double Frontage Lot. Double Frontage lots having a depth less than two hundred forty (240) feet will not be approved except where top- ographical conditions permit no other reasonable form of platting. Where land abuts a major or secondary street, double frontage lots may be required.. ('U ): Lot Number. Lot numbers shall begin with the letter "A" and shall continue consecutively throughout the tract, with no omissions or duplications, and no block numbers shall be used. ('V') Lot Dimensions. Dimensions'of all lots shall be shown.. No ditto marks shall be used.. (cif) Reserve Strips. Reserved strips controlling the access to streets or other public rights of way from adjoining property will not be approved unless such strips are necessary for the protection of the public welfare or of substantial property rights, and in no case except in which the control and disposal of the land comprising such strips are placed definitely within the jurisdiction of the City of West Covina under conditions approved -by the City Council. SECTION 8., STREET IMPROVEMENTS REQUIRED. The subdivider shall improve, or agree to improve, all streets, highways or ways in the subdivision. Improvements shall be- installed to permanent line and grade -and to the satisfaction of the City Engineer and Superintendent of Streets in accordance with standard specifications of the City of West Covina on file in the office of the City Clerk and the City Engineer and Superintendent of Streets. The minimum improvements which the subdivider shall make, or agree to make, prior to the acceptance and approval of the final subdivision map by said City Council shallbe; (A) Grading, drainage and drainage structures necessary to the proper use of streets, highways and ways and/or to the public safety. (B) Pavement of a width. and local neighborhood traffic. ((C) Adequate domestic water quality suitable for the supp ly.. -8— (D) -sanitary sewer facilities and connections for each lot where,, in the opinion of the Planning Commission,,` an outfall sewer is reasonably available.: (E) Services from public utilities where provided and from sanitary sewers shall be made available for each lot in such manner as will obviate the necessity for disturbing the street pavement, gutter,.. culvert and curb`„ when service connections are made. (F) In addition to the aforesaid minimum improvements, the Planning Commission shall have authority to recommend and the City Council, when in its judgment a necessity exists for such improvement, may require fire plugs, curbs„ gutters and sidewalks in the whole or part of the sub- division where indicated by local needs and by the - character of the subdivision, and in Minimum Lot Area may • require all telephone, telegraph, electric light wires or cables' for transmission or distribution of telegraphic or telephonic sounds or signals, or electrical energy or other transmission or distribution wires, in, along or across any of the -streets, alleys, highways, ways or public places in the subdivision, to be placed under ground and may regulate or prohibit the placing of poles and sus- pending of any such wires, in, ' along or across any of such streets, alleys, highways, ways or public places. (G)` Improvement Plans and Profiles Required.. The plans and profiles of all improvements required by the provisions of this section, as well as of other improvements proposed to be installed by the -subdivider in, over or under any street or right of way, easement or- parcel of land where improvements are required or proposed, shall be filed not later than the time of filing the fi-nal subdivision map, and shall be approved by the City Engineer and Superintendent of Streets before approval of the final map)..- (H) - Completion of Improvements. If such improvement work is not completed to the satisfaction of the City Engineer and Superintendent of Streets before the streets are offered for dedication,; the owner or owners of the subdivision concurrently with the acceptance of the final map shall enter into an agree- ment with the City Council, agreeing to have the work'. completed within the time specified in said agreement. Said.agreement may provide for the improvements to be installed in units, for extension of time under specified conditions, for the' termination of the agreement upon a reversion of the subdivision of a part thereof to acreage andb, in the option. of the subdivider, for the termination of the agreement upon completion of proceedings under am a,ssessme-nt district act for the installation of improve- ments at least equivalent to the improvements specified ..in such agreement. (1)' Bonds to Assure Completion of Improvements.. To assure that the work specified in said agreement will be completed, two surety bonds may be required by the City Council, one guaranteeing the faithful perform- ance of the work in a sum equal to the cost as a st imate & p by the City Engineer and Superintendent of Streets, and the other bond for the security of materialmen and laborers, in the amount of fifty (50) per cent of the estimated cost, and by its terms made to inure to the benefit of laborers and materi almen upon such work and improvements, conditioned.- upon the payment of such laborers and materialme.n for labor performed and for' material furnished under the terms of said agreement* Said faithful performance bond may be either' -a corporate surety bond or a personal surety bond. If a personal surety bond is furnished, it must be accompanied by an affidavit that the sureties are each residents or householders, or free- holders within the State of California, and are each worth the sum specified in the bond over and above all their just debts and liabilities, exclusive of property exempt from e xe cut i en. • In lieu of the faithful performance bond above specified a deposit may be made either with the City Controller or a responsible: escrow a.ent or t rust company, subject to the approval of the City Council, , of money or negotiable: bonds in the same amount, of the k-i-nd approved by provisions of law for securing deposits of public money in banks.. If a cash deposit is made, the agreement may provide that progress payments may be made to the contractor or the subdivider out of the deposit as the_work progresses.. SECTION 9., ACTION ON TENTATIVE MAP. (A) Within a period of not more than 20 days from the receipt of a copy of any such tentative map, each officer or department to which such copy shall have been transmitted shall file with said Planning Commission his or its approval of such tentative map, or & report showing what changes are necessary to make -such tentative map conform to the requirements of this ordinance coming -within the juris- diction of such office or department: (B) The Planning Commission shall review the recommend- ation of said departments and if satisfied with the design of the subdivision shall recommend approval to the City Council of the map within thirty (30) days after the filing of said map unless such time is extended by agreement with the subdivider.: If the Planning Commission is not satis- fied with the design of the subdivision, it shall dis- approve or conditionally approve the map within said time. (C) In the event that such tentative map is dis- approved or conditionally approved the Planning Commimion shall return to the subdivider one copy with a statement of -the reason for its action and a statement of what changes would be necessary to render the map acceptable. Another copy, together with a copy of the aforesaid statement, shall remai-n permanently in the files of the Planning Commission, and one copy of the statement shall be sent'to the City Engineer -and Superintendent of Streets: (D) At the same time the Planning Commission shall des-ignate the improvements which will be required under the provisions of Section 8 of this ordinance before approval. of the subdivision map. ® -10- • • 0 (E), Nothing herein contained shall be construed to prohibit the filing of any number of tentative maps regardless of whether the first one has been approved and optional tentative maps may be filed at the same time. (F) In the event -that the'P'lanning Commission shall recommend approval of the map, or shall conditonally approve the map, the secretary of the Planning Commission shall forward such approval or conditional approval to the City Clerk together with a copy of all maps, statements,. and records in the matter. The City Council shall review the recommendations of the Planning Commission and consider the matters contained therein. The action of the City Council and its -decisions -shall be final. SECTION 10. FILING OF FINAL DAP AND ACCOMPANYING DATA: TIME LIMIT. (A) Within ten (10) months after the date of the approval or conditional approval of the tentative map by the City Council. the subdivider shall cause the proposed subdivision to be accurately surveyed and a final map or record of survey map thereof to be prepared in accordance with the tentative map -and with any and all alterations and changes required thereto, unless extended by the Planning Commission, he shall file with the Planning Commission a final map or record of survey map of the sub- division conforming in all particulars to the provisions of this ordinance. (BY The subdivider must file such final map -or record of survey map with the Planning Commission within said period and have said map filed in the office of the City Engineer within one (1) year after the date of the approval or conditional approval of the tentative map by the City Council and the failure to do so shall automatically terminate and void the proceedings. (C) The subdivider shall file the original and one white copy of the final map or record of survey map with the Planning_ Commission. Said map shall be accompanied by; (1) In the event any dedication is to be made for public use a certificate of title, a subdivision guarantees,., or a dedication letter, in the name of the owner of the land, issued to or for the benefit and protection of the City of West Covina by a title company authorized -by the laws of the State of California to write the same, showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interests therein, except where the land contained in such subdivision is registered under the Land Registration Act, (Torrens Act) in which latter case a certified copy of the certificate of title shall be furnished: -11-- (2) Plans, profiles and specifications of the improvements to be installed as required by the provisions of Section 8 of this ordinance and of all other improve ments proposed to be installed by the subdivider,in, on,, over and under any street or way or right of way, easement or parcel of land dedicated by the map. (3) A white print of the final map showing the contemplated location, of installations of facilities of any public utility, whether publicly or privately owned, with a statement of'the proposed work including the estimated cost thereof. (4) A memorandum for the records of the Planning Commission showing approximately: • (a)` The total area' of the tract submitted;;, (b ) The total area in streets and length of streets;: (c) The total area in lots:-;: (d) The total number of lots;;. (e) The area in parks, school sites or other lands offered for dedication or reserved for future public or quasi -public uses. SECTION 11. FORM OF FINAL MAP ,AND DATA REQUIRED., (A) Size, Material and Scale. The final map shall be clearly and legibly drawn; in black waterproof India ink upon good white paper or tracing cloth, but affidavits, p%rtificates and acknowledgments may be legibly stampe.du or printed upon the map with opaque: ink.. Signature shall be in opaque: black ink. The size of each sheet of s aid :map shall. be eightee:n:.by twenty-six inches. A marginal line shall be drawn completely around each sheet,. leaving an entirely blank margin of one (1) inch. The scale of the map shall be -large _enough (Preferably one (1) inch equals one hundred (100) feet) to show all details clearly, and enough sheets shall be used to accomplish this end.. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown. The map shall be so, made and shall be in such condition when filed that good legible prints and negatives can be made therefrom.. (B) Title of Map. The title of each such final map shall consist of a name or a tract number as secured from the City Engineer-,, conspicuously placed at the top of the sheet followed by the words "consisting of sheets" (showing the number thereof) followed by the words "In the City of Vilest Covina" or "Partly in the City of West Covina and Partly in Unincorporated Territory," or "Partly in the City of ;;Vest Covina and partly in the City of " (naming the city)` as the case may be. 0 -1.2_ (C) Description. Below the title shall appear a subtitle consisting' of a description of all the property being subdivided,. by reference to such map or maps of the property shown thereon as shall have been previously recorded or f iled in the County Recorder's Office or shall have been pre- viously 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 Section 3658-A of the Political Coder. or by reference to the plat of any ' United States survey. Each reference in such description, to any tract or subdivision shall be spelled out and wordedidentically with the original records thereof and must show a complete reference to the book and page of records of said county. The description shall also include reference to any vacated area with the number of the ordinance of vacation thereof. (D) Name of Surveyor, Date of Survey, Scale, North Arrow, Basis of Bearings. Upon such title sheet, below the subtitle, the name of the surveyor, if any, together with the date of the survey and the scale of the map, shall be set forth. There shall also be shown on the map proper the basis of bearings, making reference to some recorded subdivision map, county surveyor's map or other record acceptable to said County Surveyor, or to a solar or polaris observ- ation, said basis of bearings"note to be in close proximity to the north arrow.. Every sheet of the map proper shall bear the title (but not subtitle) scale, north arrow, sheet number and the number of each adjoining sheet in its proper location. (E) The following certificates and acknowledgments must appear on the title sheet of all such final maps,: Owner's certificate and acknowledgment and offer of dedication, if any. Certificate of approval of City Engineer and Superintendent of Streets. Certificate of City Clerk of approval by City Council and acceptance of offer of dedication. (1) other Forms Required.. Said title sheet shall also contain such other affidavits, certificates, acknowledgments, indorsements, and notarial seals as are required by law and by this ordinance. A blank space 82 x 11 inches shall be provided for other -'forms of approval by city officials. (G) Dimensions,. Bearings, Curve Data. The final map shall show all survey and mathematical - information and data necessary to locate all momnents and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii and arc length for all curves., and such information as may be necessary to determine the location of the centers of curves.. 0 -13- The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose and any private streets with all dimensions, boundaries and courses clearly shown and defined in every case.. Parcels offered for dedication other than for streets or easements shall be designated by number.. ]Private streets shall be designated by name and shall have inserted within.'the limits thereof ' the words "Not a Public Street." Sufficient linear,, angular and curve data shall be shown to determine readily the bearing and length -of the boundary lines of the subdivision, and of the boundary lines of every block, lot and parcel which is a part thereof. All lots and wherever practicable blocks' in.their entirety • shall be shown on one sheet e. Length, radius,, and total delta or radial bearing. of each curve shall be shown. MY Existing Monuments Said final map shall show fully and clearly what stakes, monuments or other evidence to determine the boundaries of the subdivision were found on the ground;; and each adjacent corner of each adjoining subdivision or portion thereof, by lot and block, numbers, tract name and place of record, or by section,. township and range, or other proper designation, shall! be shown and identified on the map. (I) Subdivision Boundary. The boundary of the subdivision shallbe indicated by a border of color approximately one -eighth (1/8y of an inch wide.. All lines shown on the map which do not constitute a part of the -subdivision itself shall be clearly distinguishable from those lines which are a part of the subdivision, and any area enclosed by such lines shall be labeled "Not a part of this subdivision." (J) City Boundary. City boundaries which cross or adjoin the sub- division shall be clearly designated and located in relation to adjacent lot or block lines. • (K) Monuments. The location, size and depth of all monuments placed in making the survey shall be shown, and if any points were reset by ties, that fact shall be stated.. SECTION 12. SURVEY REQUIREMENTS'. - The procedure and practice of all survey work done upon any such subdivision shall conform to the accepted standards of the engineering profession. The engineer or surveyor making the survey for any s=.bbdivision in the City of West Covina., shall set durable monuments at all angle and curve points in the exterior boundary of subdivisions and in the exterior boundary of each block.- Such durable monuments shall consist. of 2 inch iron pipe, not less than 22 feet in length and set flush with the �� -14- ground surface, with the center point marked with a bronze or copper cap firmly attached to the top; provided that whenever a point marking any of the location above described occurs in improved areas such as ai concrete sidewalk, curb, or paved road way, said points shall be marked with a lead plug and task securely set in the concrete.. All monuments shall be marked with the number of the surveyor and shall be subject to inspection and approval by the City Engnee:r.and Superintendent of Streets. During the construction of improvements, adequate reference points to the locations required to be marked by pipes as hereinabove set forth shall be permitted by the City Engineer and Superintendent . of Streets until the durable monuments can be placed as required in this section. Whenever lot corners are adjacent to existing concrete sidewalks or sidewalks to be constructed as a part of the improvement of subdivisions laid out in compliance with the provisions of this ordinance the lines of said lots shall -be clearly and durably marked in the sidewalks, - All lot corners shall be marked with 2 inch by 2 inch by 12 inch redwood stakes with tack, or by other markers satisfactory to the City Engineer and Superintendent of Streets. Before street improvements are accepted, all monuments disturbed by said improve— ments shall be reset. SECTION 13.. ACTION ON FINAL RAY''. . (A) Manning Commission. Upon receipt of the final map the City Engineer - shall check said map and if it complies with the approved tentative map and any requirements imposed as a condition to the acceptance- of said map he shall approve the same and transmit it to the City Council together with the other materials required by this ordinance to be filed therewith.. (B) Upon receipt of the final map the City Engineer shall check it as to correctness of surveying - data, plans, profiles and specifications of improve— ments, certificates of dedication, acceptances of dedication and acknowledgments and such other matters as require checking to insure compliance with the provisions of law and of this ordinance.. If the final map is in the correct form:: by this ordinance and the matters shown thereon are sufficient, their correctness shaall be certified on the map by the City Engineer. He shall thereupon transmit said map together with said other materials to the City Council. (C) City Council. At its next meeting or within a period of not more than twenty (20) days after the filing of the —15— L final_ map, the City Council shall approve said map if the same conforms to all the requirements of this ordinance applicable at the time of approval.' of the tentative map and any rulings made thereunder. At that, time the said City Council shall also accept or reject any or all offers of dedication and as a condition precedent to the acceptance of any streets or easements may require that the subdivider at his option either improve or agree t..o improve said streets or easements in accordance with Section 8 of this ordinance. Upon the execution by the .sub- divider of said agreement and the posting of the bond or the deposit of money or negotiable bonds required by Section 8 of this ordinance the map: of said subdivision forthwith shall be approved and accepted for recordation. Title to property so accepted shall not pass until the final map is duly recorded under the provisions of the Map Act and of this ordinance. If, at the time the final map is approved, any streets are rejected the offer for dedication shall be deemed to remain open. and shall not be subject to revocation, and the City Council may by resolution at any later date and without further action by the subdivider rescind its action and accept and open said streets for public uses; which acceptance shall be recorded in the office of the County Recorder. If a resubdivision is sub- sequently filed for approval any -offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the City Council. SECTION 14. MODIFICATIONS. 1111henever in the opinion of the City Council the land involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions or is to be devoted to such u-se that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this ordinance, the City Council may make such modification thereof as in its opinion is reasonably necessary or expedient and in conformity with the spirit and purpose of this ordinance. Each such proposed modification shall be referred to by the officer or cpartment under whose particular jurisdiction the regulation involved comes, and such officer or department shall transmit to the City _Council his or its written recommendations on each such proposed modification and the facts supporting such recommendation. --16— C • 0 SECTION.1.5. Any deed, conveyance; sale, contract or .transfer to sell for consideration made of land which shall have been subdivided, divided, or re -subdivided contrary to the provisions of this ordinance is voidable at the sole option of the buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the sale or contract to sell, but the sale or contract to sell is binding upon any assignee or transferee of the bus!er or person contracting to purchase, other than those above enumerated, and upon the vendor, or person contracting to sell, his assignee,,: heir, or devisee,.: SECTION 16. VALIDITY. If any section, subsection, sentence, clause, or phrase of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence., clause and phrase thereof, irrespective_ of the fact that' any one or more sections, subsections, sentences, clauses,, or phrases thereof be dbclared invalid or unconstitutional. SECTION 17. Any offer to sell, contract to sell or sale contrary to the provisions of this ordinance is a misdemeanor, and - any person, firm, or corporation, upon conviction thereof, shall be punishable by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00), or imprisonment for a period of not more than six months, or by both such fine and imprisonment. Each separate sale or each separate attempt or offer to sell any land from a subdivision as herein defined,, without first complying with the provisions of this ordinance shall be deemed to be taken as a separate offense. SECTION 18.. This ordinance shall take effect from and after thirty (30) days after its passage and before the expiration of fifteen (15) days after its passage it shall be posted with the names of the members voting for and against the same, in three places within the city, in the manner required by the laws and ordinances of the City of West Covina:.. 0 -17- SECTION 19. The City Clerk shall certify to the adopt.ion of this ordinance and cause the same to be posted in three (3) public places in the City of West Covina.. BERT J. VAN HORN Mayor of the City of West Covina. I hereby certify that the foregoing ordinance was adopted by the City Counc' 1 of the City of West f � Covina at its meeting held 1`9 'A. C.C.. TOLAND City Clerk STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) C.C: TOLAND, City Clerk of the City of Nest Covina, hereby certifies that the foregoing ordinance was adopted by the City Council of the City of West Covina at the regular me ting of the City Council � on the // day of lbo, and signed by the Mayor of s4Kid City and that said ordinance was adopted by the following votes: AYES., , NOES: ABSENT: 0 —.18- STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES C.C. TOLAND, being by me first duly sworn, deposes and says: That he is the City Clerk for the City of 17est Covina, California, and a citizen of the United States, and over the age of 21 years; that on the 0 day of January 1950 ,. he posted three copies of Ordinance #184 of the City of rest Covina entitled "AN ORDIPTANCE RELATING TO THE DIVISION AND RESUBDIVISION OF LAND '"'ITHIN TI4E CITY OF "'EST COVINA" in three public places in said City to wit : One at the Police Office, 361 "Jest Garvey Blvd. , one in f ront of the "-Jest Covina School House and one at the Northwest corner of Puente Street and Lark Ellen Streets. CITY CLERK Subscribed and sworn to before me this day of 1950. NOTARY PUELIC in and for the County of Los Angeles, State of California.