Ordinance - 1138n
ORDINANCE NO. 1138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA REPEALING CHAPTER 1 OF ARTICLE IX
,- (COMPRISING SECTIONS 9100 TO 9148, INCLUSIVE,)
OF, AND.ADDING A NEW CHAPTER 1 TO ARTICLE IX
(COMPRISING SECTIONS 9100 TO 9134, INCLUSIVE,)
OF THE WEST COVINA MUNICIPAL CODE RELATING TO
SUBDIVISIONS AND THE DIVISION OF LAND,
The City Council of the City of West Covina does ordain
as follows:
SECTION 1. Chapter 1 of Article IX (comprising Sections
9100 to 9148, inclusive,) of the West Covina Municipal Code is hereby
repealed.
SECTION 2. Chapter 1 of Article IX (comprising Sections
9100 to 9134, inclusive,) is hereby added to the West Covina Municipal
Code to read:
I
I
WEST COVINA MUNICIPAL CODE
ARTICLE IX - LAND USE
CHAPTER 1 - SUBDIVISIONS
9100. AUTHORITY. SUBDIVISION MAP ACT.
(a) Pursuant to the Provisions of Chapter 2,
Part 2 of Division 4 of the Business and Professions Code,
State of California, hereinafter referred to as the "Sub-
division Map Act", and in addition to any other regulations
provided by law, the regulations hereinafter contained in
this Chapter shall apply to all subdivisions, parts of
subdivisions, and divisions of land hereafter made, wholly
or partially, within the West Covina City limits, and to the
preparation of subdivision maps thereof.and other maps
provided for by the "Subdivision Map Act".
(b) The Planning Commission is hereby designated
as the "advisory agency" referred to in the "Subdivision Map
Act", and is charged with the duty of making investigations
and reports on the design and improvement of proposed sub-
divisions and parts of subdivisions, and where applicable
other divisions of land, and is hereby authorized to approve,
conditionally approve or disapprove tentative maps of subdivisions
and other maps prepared and filed pursuant to this Chapter and
the "Subdivision Map Act", to prescribe the kinds, nature and
extent of the improvements required to be installed in
subdivisions, parts of subdivisions, and where applicable,
WEST COVINA MUNICIPAL CODE
i
other divisions of land, and to report to the City Council,
and subdivider the action taken on tentative maps.
9101. DEFINITIONS.
(a) SUBDIVISION refers to any real property,
improved or unimproved, or portion thereof, shown on the
latest equalized County Assessment Roll as a unit or as
contiguous units, which is divided for the purpose of sale,
leasing or financing whether immediate or future, by any
subdivider into five or more parcels. Subdivision also
includes a condominium project, as defined in Civil Code
Section 1350, containing five or more condominiums, as
defined in Civil Code Section 783, or a community apartment
project as defined in Business and Professions Code Section
11004 containing five or more parcels.
(b) PARCEL MAP refers to a map showing the
division of any real property improved or unimproved, or
portion thereof, shown on the latest equalized County Assessment
Roll as a unit or as contiguous units, which is divided for
the purpose of sale, leasing or financing whether immediate
or future into four or less parcels or meets any one of the
following conditions:
(1) The whole parcel before division
contains less than five acres, each parcel created by the
division abuts upon a public street or highway and no
dedication or improvements are required, or
3
WEST COVINA MUNICIPAL CODE
• (2) The parcel or parcels of land are
divided into lots or parcels, each of a gross area of 20 acres
or more, and each of which has an approved access to a main-
tained public street or highway, or
(3) The parcel or parcels of land abuts
a public street or highway, comprises part of a tract of land
zoned for industrial or commercial development and has the
approval of the governing body as to street alignments and
widths, or
(4) The parcel or parcels of land are
divided into lots or parcels of a gross area of forty acres
or more or each of which is a quarter -quarter section or larger.
(c) FREEWAY. means a highway to which abutting
lands have no right or easement of access to or from such
abutting lands. Service roads marginal to freeways are not
freeways.
(d) MAJOR STREETS mean and include that system
of major streets next in importance to freeways designated
and adopted by the Planning Commission and the City Council
as Major Streets on the Master Plan or Official Plan of
Streets and Highways and having a width of not less than one
hundred feet.
(e) SECONDARY STREET means and includes that
system of streets next in importance to major streets,
designated and adopted by the Planning Commission and the
•
4
WEST COVINA MUNICIPAL CODE
City Council as Secondary Streets on the Master Plan of
Streets and Highways and having a width of not less than
eighty feet.
(f) COLLECTOR STREETS means and includes the
system of streets next in importance to secondary streets
and having a width of not less than sixty feet.
(g) MINOR AND CUL-DE-SAC STREETS. All other
thoroughfares, except alleys, are designated as minor and
cul-de-sac streets.
(h) MASTER PLAN OF STREETS. Indicates the
general width and alignment of proposed streets.
(i) PRECISE STREET PLAN. Indicates the exact
width and alignment of proposed streets.
(j) GENERAL PLAN. Indicates the official
statement of the City Council of the City of West Covina
which sets forth its major long range policies concerning
desirable future physical development of the City.
9102. PROHIBITION OF SALE.
(a) A person shall not contract to sell, or
sell any subdivision or division of land or any part thereof,
until a final subdivision map, or parcel map thereof in full
compliance with the provisions of this chapter and the
Subdivision Map Act has been duly filed with the City of
West Covina, and filed in the office of the Los Angeles
• County Recorder.
15
i
WEST COVINA MUNICIPAL CODE
(b) This section does not apply to any parcel
or parcels of a division of land as now exist in compliance
with or exempt from any law in effect at the time the
division was established or the subdivision approved.
9103. EXEMPTIONS.
Subdivision does not include the following:
(a) Land dedicated for cemetary purposes under
the Health and Safety Code of the State of California.
(b) The leasing of apartments, offices, stores,
or similar spaces within an apartment building, industrial
building, commercial building or trailer park.
(c)
Division by mineral,
oil or gas
leases.
_ (d)
A division of land as
defined in
Section
9101.
9104. MODIFICATIONS:
Whenever any parcel of land is of such size or shape,
or subject to such title limitations of record, or is subject
to such topographical conditions or such dominating drainage
problems that it is impossible or impractical in the particular
case to conform fully to the provisions of this chapter or
any other applicable provision of the West Covina Municipal
Code, the City Engineer may recommend such modification as
may be necessary or expedient to the proper development of
the subject property. In each case of modification, the City
M.
0
WEST COVINA MUNICIPAL CODE
Engineer shall transmit to the Planning Commission and City
Council with the tentative map a written report setting forth
each modification recommended and the reasons therefore.
9105. CONFORMANCE TO MASTER PLAN OF STREETS
A subdivision or division of land shall conform
to the Master Plan of Streets.
9106. STREET AND HIGHWAY SPECIFICATIONS.
(a) FREEWAYS, ACCESS ROADS, AND STATE HIGHWAYS.
Freeways and other state highways shall conform to the
standards of the Division of Highways, Department of Public
Works, State of California. The standards of the Division
of Highways shall be deemed to be the minimum acceptable
standards.
(b) MAJOR STREETS. Major streets shall be not
less than one hundred feet wide.
(c) SECONDARY STREETS. Secondary streets shall
be not less than eighty feet wide.
(d) COLLECTOR STREETS. Collector streets shall
be not less than sixty feet wide.
(e) MINOR AND CUL-DE-SAC STREETS. Minor and
cul-de-sac streets shall be not less than fifty-two feet
wide, nor more than five hundred feet in length except where
special conditions might justify a lesser width or greater
length. The property line radius at the terminus of the
cul-de-sac shall be not less than 45 feet and the curb radius
7
WEST COVINA MUNICIPAL CODE
• not less than 35 feet. Cul-de-sac and minor streets shall
be subject to individual determination by the City. Partial
street improvements or rights of way may be required along
the edge of a subdivision.
(f) SPECIAL STREETS. Special streets where
railroads, parkways, grade separations, freeways and hills,
or other dominant factors are involved shall be subject to
individual determination by the City.
(g) SERVICE ROADWAYS. Along major highways or
freeways, a service.roadway separated from the traffic
roadway by an acceptable separation strip, when indicated by
the General Plan or the Master Plan of Streets, or the
precise street plan of the City, the County or the State may
be required for access to abutting private property and local
streets. All dimensions on such multiple roadway throughfares
shall be as defined on the Master Plan of Streets or the
Precise Plan, or State Division of Highway's Plan.
(h) STREET CORNERS. Street corners .shall have
a property line radius of not less than fifteen feet.
(i) STREET INTERSECTIONS. Street intersections
shall be as near right angles as practicable.
(j) CONTINUATION OF STREETS. Streets'which are
a continuation of streets in contiguous territory shall be
so aligned as to assure that their centerline shall coincide.
In cases where straight continuations are not physically possible,
• such centerline shall be continued by curves.
E:3
WEST COVINA MUNICIPAL CODE
• (k) ESTABLISHING IMPROVEMENT STANDARDS. In
areas where no official plans exist, the layout of all
improvements including roadways, curbs, parkways, dividing
strips, sidewalks, sewer lines and water mains within the
rights of way of all highways, streets, alleys and utility
easements shall be in accordance with standards established
by the City Council and where no such standards have been
adopted, the arrangements shall be subject to approval
by the City Engineer.
9107. GENERAL REQUIREMENTS.
All sidewalks, curbs, gutters, drive approaches,
pavements, sanitary sewer lines, water mains, culverts,
street name signs, fire hydrants, street lights, street
trees, and drainage structures, or any other required items
shall conform to grades and specifications approved by the
City.
9108. SANITARY SEWERS.
Where a sewer line is constructed or laid within
a street or road, the subdivider shall install a six inch
or larger sewer line to the property line of each lot within
the subdivided area. All sanitary sewer lines, appurtenances
and service connections shall be constructed or laid prior
to paving and shall be of such size and design as approved
by the City Engineer.
WEST COVINA MUNICIPAL CODE
9109. WATER SUPPLY.
A water system shall be provided with mains of
sufficient size and having a sufficient number of outlets
to furnish adequate domestic water supply for each lot of the
subdivision and to provide adequate fire protection to
meet local neighborhood needs.
9110. ALLEYS.
(a) COMMERCIAL OR MULTIPLE FAMILY RESIDENTIAL PURPOSES.
Alleys twenty feet wide may be required at the rear of all lots
classified for and to be used for commercial or multiple family
purposes but not including two-family use. If adequate off-
street parking areas to serve such property are securely reserved
for such purpose and are shown upon the map and approved by
the City in the manner herein provided, the requirements may be
modified. Alleys elsewhere shall be optional with the City
but, if offered for dedication, they shall be not less than
twenty feet wide and built according to the standard plans
and specifications on file in the City Engineer's Office unless
modified by the Planning Commission or City Council.
(b) PROPERTY FRONTING MAJOR STREETS. Alleys
shall be required at the rear of all property fronting
directly upon any major streets.
(c) ALLEY INTERSECTIONS. Where two alleys intercept
or intersect, the corners shall be on a ten foot radius to
0 which the lot boundaries are tangent.
10
WEST COVINA MUNICIPAL CODE
• 9111. UTILITY EASEMENTS.
Pursuant to Sections 7501-7504 of this Code, all
utilities as there defined, shall be placed underground.
Easements shall be provided as required.
9112. LOT STANDARDS.
Lot areas shall be such as will conform to the
standards of development as defined by Article IX, Chapter 2,
of this Code, or by other official plans adopted pursuant to law.
(a) FRONTAGE ON PUBLIC STREET. The subdivision
may be disapproved if it includes lots having no frontage on
a public street.
(b) WIDTH REQUIREMENTS. Lot widths shall
conform to the standards of development as defined by Article
IX, Chapter 2, or other official plans adopted pursuant to
law. Odd shaped lots shall be subject to individual determination
by the City.
(c) JURISDICTIONAL BOUNDARY LINES. No lot shall
be divided by a County, City or School District boundary line.
(d) SIDE LINES. Lot side lines shall be approxi-
mately at right angles or radial to the street line.'
9113. TENTATIVE MAPS.
(a) FILING. Each proposed subdivision or division
of land shall be submitted in map form. The tentative map
shall be prepared in accordance with the "Subdivision Map Act"
• 11
WEST COVINA MUNICIPAL CODE
and the provisions of this Chapter, and shall be filed with the
Planning Director. After the required number of prints
of such maps are submitted to the Planning Department, they
shall immediately forward one copy to all City Departments,
utility companies and other affected agencies, with a request
that each report his recommendation, if any, to the Planning
Commission. A tentative map, together with required statements
or other evidence shall be filed with the Planning Department
not less than forty days prior to the date of the Planning
Commission meeting at which such map is to be considered.
(b) CITY ENGINEER'S REPORT. Within twenty days
following its filing, the Planning Department shall submit
a tentative map to the City Engineer. The City Engineer shall
make a written report to the Planning Commission containing his
recommendations on the tentative map. Failure to so report shall
be deemed approval.
9114. ALTERNATE PROCEDURE FOR FILING OF TENTATIVE PARCEL MAPS.
If all of the following conditions are met, a tentative
parcel map for division of land may be filed with the City
Engineer's Office. The City Engineer and Planning Director are
authorized to approve the tentative parcel map if:
(a) No street dedication is required.
(b) No pavement, curb, gutter or sidewalk improvements
are required. (Note: If sidewalk only is required, a bond and
• agreement or cash deposit may be offered in lieu thereof.)
12
WEST COVINA MUNICIPAL CODE
(c) All lots are of approved size and design and the
proposed parcel map will not jeopardize the orderly development of
surrounding properties. If the City Engineer and Planning Director
have approved the tentative parcel map pursuant to this section,
The City Engineer is authorized to approve the final map if all
the requirements of the tentative map are met.
9115. PROPERTY OWNERS LIST AND MAP.
At the time of submission of the tentative map to the
Planning Department, the subdivider shall also submit a property
owners map numbered to correspond with a propertyoowners list,
setting forth the names and addresses as they appear on the latest
equalized Los Angeles County Assessment Roll of the following:
(a) The owners of the property being subdivided.
(b) The owners of all the property contiguous to the
proposed subdivision..
(c) The owners of all property separated from the proposed
subdivision by a public street or alley or flood control channel.
9116. NOTIFICATION OF OWNERS.
Not less than ten days prior to the date the map is to
be considered, the Secretary of the Planning Commission shall
cause notification to be sent by first class mail to all persons
whose names and addresses appear on the property owners list.
The Secretary shall certify the fact of such mailing to the
Planning Commission and.the list shall be a part of the permanent
record file of the subdivision.
• 13
WEST COVINA MUNICIPAL CODE
9117. TENTATIVE MAP DETAILS.
Each tentative map shall contain the following information:
(a) Tract number or Parcel Map number obtained from
the County Engineer.
(b) Name and address of the owner whose property
is proposed to be subdivided and the name and address of the
subdivider.
(c) Name and address of the registered civil engineer,
or licensed surveyor, who prepared the tentative map.
(d) North point, scale, boundary lines, date.
(e) The location, width and proposed names of all
streets within the boundaries of the proposed subdivision or
division of land and their.approximate grades.
(f) Location and width of alleys.
(g) Name, location, and width of adjacent streets.
(h) Lot lines and approximate dimensions and numbers
of each lot.
(i) Approximate location and width of water courses
or areas subject to inundation from floods, or location of
structures, irrigation ditches and other permanent physical
features.
(j) Approximate contours.
(k) Approximate location of buildings and permanent
structures.
(1) Location of trees within proposed rights of way
to be dedicated.
14
WEST COVINA MUNICIPAL CODE
• (m) Description of the exterior boundaries of the
subdivision or division of land (or legal description of the
property comprising the subdivision or division of land).
(n) Width and location of all existing or proposed
public or private easements.
(o) Classification of lots as to intended use.
(p) Approximate radii of curves.
(q) Proposed public areas, if any.
(r) The size of the tentative map is optional but
the scale shall be not less than one hundred feet to the
inch.
9118. REPORTS AND STATEMENTS.
The tentative map shall show or be accompanied by
reports and written statements from the subdivider giving
essential information regarding the following matters:
(a) Source of water supply.
(b) Type of street improvements and utilities
which the subdivider proposes to install.
(c) Proposed method -of sewage disposal.
(d) Proposed storm drains or other means of drainage
(grade and size).
(e) Protective covenants to be recorded.
(f) Proposed tree planting.
9119. COMMISSION ACTION AND RECORD.
The Planning Commission shall consider a tentative map
within fifty days following the date of its filing. Within
15
WEST COVINA MUNICIPAL CODE
• ten days following the action by the Planning Commission, the
Secretary shall transmit a letter containing the record
pertaining to such action to the subdivider and the City Council.
A copy of such official action on a tentative map shall also
be permanently affixed to the official file copy of such map in
the records of the Planning Commission.
9120. APPEALS.
In the event that the subdivider is dissatisfied with
the recommendation of the Planning Commission, he may appeal
to the City Council within 15 days after action by the Planning
Commission.
9121. COUNCIL ACTION AND REPORT
The City Council shall act upon the report within ten
days or at its next succeeding regular meeting after receipt of
the Planning Commission's report. The City Council shall report
its action to the subdivider,within ten days following its meeting.
(a) The approval or conditional approval of a tentative
subdivision map shall be for 18 months and for a parcel map 12
months. Upon written application, a 24 month extension may be
granted for a subdivision and a 12 month extension may be granted
for a Parcel Map. If a final map is not submitted within the
allowed time, the tentative map shall be considered abandoned.
9122. PREPARING THE FINAL MAP.
After final approval of a tentative map, the subdivider
40 may cause a final map to be prepared in substantial compliance
16
9
WEST COVINA MUNICIPAL CODE
with the approved tentative map, and in full compliance with the
"Subdivision Map Act" and this Chapter.
9123. REQUIRED INFORMATION.
(a) If more than three sheets are used for the final
map, an index showing the entire subdivision shall be included.
(b) Title, number of tract or parcel map, date, north
point and scale.
(c) Description of land included.
(d) Location and names, without abbreviations of all:
(1) Proposed streets and alleys,
(2) Proposed public areas and easements,
(3) Adjoining streets.
(0) Dimensions in feet and decimals of a foot.
(f) Dimensions of all lots and lot areas for parcel maps.
(g) Each lot shall be numbered, each block may be
lettered or numbered. Each lot shall be shown entirely on one
sheet.
(h) Centerline data on streets, alleys, and easements,
including bearings and distances.
(i) If any portion of the land within the boundaries
shown on any final map is subject to inundation or flood hazard
by storm waters, such fact and identification of the affected
portion shall be clearly shown on such final map and shall be a
prominent note on each sheet of such map whereon any such portion
shall be shown.
17
WEST COVINA MUNICIPAL CODE
0 (j) If any portion of such land is subject to sheet
overflow or ponding of local storm water or should the depth
to ground water be less than ten feet from the ground surface,
the City Engineer shall so inform the State Real Estate Commissioner.
(k) In the event that a dedication of right of way
for storm drainage purposes is not required, the City Engineer
may require that the location of any water course be shown on
the final map.
(1) Any final map of a subdivision presented to the City
for acceptance of easements and recordation shall be accompanied
by an additional copy on which is delineated all existing structures
and utilities within the subdivision, except publicly owned
storm drains, sewers and other sanitary facilities, whether such
structures are on record easement or not.
9124. EASEMENTS RECORDED ON FINAL MAP.
The final map shall show the centerline data, width
and side lines of all easement to which the lots are subject.
If the easement is not definitely located of record, a statement
as to the easement shall appear on the title sheet for subdivisions.: -
(a) Easements for storm drains, sewers, and other
purposes shall be denoted by broken -lines.
(b) The easement shall be clearly labeled and
identified and if already of record, proper reference to the
records given.
(c) Easements being dedicated by Tract Maps shall
be so indicated in the dertificate of dedication.
W-*1
WEST COVINA MUNICIPAL CODE
•- (d) At the time the subdivider presents the final
map to the City Council, there shall be presented certificates
executed respectively by the various public utility companies
authorized to serve in the area of the subdivision or division
of land certifying that satisfactory provisions have been made
for the location of their facilities; and that easements, where
required have been executed and delivered to the utility for
recording. Easements for public utility companies shall be
designated on the final map as "easements for Public Utilities".
9125. SURVEYING DATA."
Surveys in connection with the preparation of subdivision
or divisions of land maps as provided in this Chapter shall be
made in accordance with standard practices and principals for
land surveying. A traverse of the boundaries of the subdivisions
and all lots and blocks shall close to the acceptable tolerance.
In addition, each final map shall have indicated thereon the
following:
(a) Suitable primary survey control points.
(1) Section corners.
(2) Monuments (existing outside of subdivision.)
(b) Location of all permanent monuments within subdivision.
(c) Ties to and identification of adjacent subdivisions.
(d) Ties to any City or County..boundary lines involved.
(e) Required certificates.
(f) Basis of bearings.
(g) Sufficient data shall be shown to determine readily
the bearing and length of each line.
19
WEST COVINA MUNICIPAL CODE
• (h) Dimensions of lots shall be the net dimension;
(not including public easements).
(i) No ditto marks shall be used.
(j) Lots containing one acre or more shall show net
acreage to nearest hundredth.
(k) All lots less than one acre shall show the net
square footage to the nearest tenth.
(1) The final map shall show the centerlines of all
streets; length, tangents, radii and central angles or radial
bearings of all curves, the total width of each street, the
width of the portioritbeing dedicated and the width of existing
dedication and the width of each side of the centerline; also the
width of rights of way of railroads, flood control or drainage
channels and any other easements existing or being dedicated
by the map.
9126. SIZE AND CONTENT OF FINAL MAP.
The final map shall be clearly and legibly delineated
upon tracing cloth of good quality or polyester base film. All
lines, letters, figures, certificates, acknowledgments, and
signatures shall be made in black waterproof_ india ink, except
that affidavits, certificates, and acknowledgments may be
legibly stamped or printed upon the'map with black opaque ink.
if ink is used on polyester base film, the ink surface shall be
coated with a suitable substance to assure permanent legibility.
(a) The size of each sheet shall be 18 x 26 inches.
20
WEST COVINA MUNICIPAL CODE
(b) A marginal line shall be drawn completely around
• each sheet, leaving an entirely blank margin of one inch.
(c) The scale of the map shall be large enough to show
all details clearly, and enough sheets shall be used to accomplish
this end.
(d) Each sheet shall be numbered, the relation of one
sheet to another clearly shown, and the number of sheets used
shall be set forth on each sheet.
(e) The tract number or parcel map number, scale and
north point shall be shown on each sheet of the final map.
9127. FORMAT OF FINAL MAP.
(a) Below the title shall be a subtitle consisting of
a general description of all the property being divided by
reference to subdivisions or to sectional surveys or other
appropriate data.
(b) Reference to tracts and subdivisions shall be
spelled out and worded identically with original records with
complete reference to proper book and page of the record.
(c) Title sheet shall show, in addition, the basis of
bearings.
(d) Maps filed for purpose of reverting subdivided land
to acreage shall be conspicuously marked under the title "The
Purpose of this Map is a Reversion to Acreage".
9128. MONUMENTS FINAL MAP.
The
final
map shall show clearly what stakes,
•
monuments or
other
evidence was found on the ground which
21
I
WEST COVINA MUNICIPAL CODE
• were used as ties to determine the boundaries of the tract.
The corners of adjoining subdivisions or portions thereof
shall be identified and ties shown.
In making a survey for the subdivision or division
of land, the Surveyor shall set sufficient permanent monu-
ments so that the survey or any part thereof may be readily
retraced. Such monuments 'shall generally be placed at
right angle points on the exterior boundary lines of the
subdivision or division of land, and at intersections of
centerlines of streets and at beginning of curves and end
of curves on centerlines. Such monuments may be placed on
offset lines. Stakes set at lot corners will not be con-
sidered permanent. The character, type and positions of
all permanent monuments shall be noted on the map.
For each centerline intersection monument set,
the engineer or surveyor under whose supervision the survey
has been made, shall.furnish to the City Engineer a set of
notes showing clearly the ties between such monument and a
sufficient number (normally four) of durable distinctive
reference points or monuments. Such reference points or
monuments may be leads and tacks in sidewalks, or two-inch
iron pipe set back of the curb line and below the surface of
the ground, or such substitute therefor as appears to be not
likely disturbed.
Such set of notes shall be of such quality, form
and completeness and shall be on paper of such quality and
22
'
WEST
COVINA
MUNICIPAL CODE
_•
size
as may
be necessary to conform to the standardized office
records of the City Engineer. All such notes shall be indexed
and filed by the City Engineer as a part of the permanent
records of the City Engineer's office.
Whenever the City Engineer has established the centerline
of a street or alley, such data shall be considered in making the
surveys and in preparing the final map, and all monuments found
shall be indicated and proper reference made to field books or
maps of public record, relating to the monuments. If the points
were reset by ties, that fact shall be stated.
The final map shall show City boundaries crossing or
adjoining the subdivision or"division of land clearly designated
and tied in.
9129. FINAL MAP APPROVAL.
The subdivider shall submit the original and two
prints of the proposed final map to the City Engineer for
checking. The City Engineer shall examine or have examined
the map for compliance with the provisions of this Chapter, the
Subdivision Map Act and for such other matters as required.
If the final map as submitted conforms in every respect to the
recommendations of the Planning Commission pertaining to
the tentative map, the final map shall be submitted to the City
Council with a report stating that all conditions have been
met. After City Council approval of the final map by resolution,
the proper signatures and acknowledgments shall be affixed thereto
-0 and the map recorded.
23
WEST COVINA MUNICIPAL CODE
After recording of the final map, the subdivider
or his agent shall supply the City Engineer's office with one
cloth print and three paper prints of the recorded map.
9130. CERTIFICATE OF TITLE.
Each subdivision or parcel map shall be accompanied
by a subdivision or parcel map guarantee showing the names
of all persons, firms or corporations whose consent is necessary
to pass title to road, street and other easements shown upon
said map, and that the title company will guarantee title to
the lots as they are shown on the map.
9131. DEDICATION AND IMPROVEMENTS.
(a) PUBLIC USE AREAS. All streets, highways,
and parcels of land shown on the final map and intended for any
public use shall be offered for dedication for public use.
(b) FUTURE STREETS. Streets or portions of streets
may be offered for future dedication where the immediate opening
and improvement is not required, but where it is necessary to insure
that the City can later accept dedication when said streets are
needed for the further development of the area or adjacent areas.
(c) 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 when the areas of
abutting lots are an acre or less and such improvements may be
required if the areas of abutting lots exceed one acre each.
24
WEST COVINA MUNICIPAL CODE
Such improvements shall include such grading, surfacing, side-
walks, curbs, gutters, culverts, bridges, storm drains, water
mains and service connections to the property line with cut-off
valves, sanitary sewers and such other structures or improvements
as may be required by ordinance or deemed by the City Council to
be necessary for the general use of the lot owners in the sub-
division and local neighborhood traffic and drainage needs.
(d) STANDARDS. All improvements shall be installed
to grades approved by the City Engineer.
(e) SUBMITTING IMPROVEMENT SPECIFICATIONS. Plans,
profiles and specifications of proposed improvements shall
be furnished to the City Engineer prior to the time of submitting
the final map to him, and be approved by the City Engineer before
the map shall be filed with the City Council. Such plans and
profiles shall show full details of the proposed improvements
which shall be according to the standards of the City.
(f) COMPLETION OF IMPROVEMENTS. If such improvement
work is not completed satisfactorily before the final map is
approved, the owner or owners of the subdivision shall, immediately
upon approval and before the certification of the final map by
the City, enter as contractor into an agreement with the City
Council whereby, in consideration of the acceptance by the
City Council of the street and easements offered for dedication,
the contractor agrees to complete the work within the time
specified in the agreement.
., 25.
WEST COVINA MUNICIPAL CODE
(g) IMPROVEMENT SECURITY REQUIRED. To assure
the City that this work will be completed and lien holders
paid, an improvement security shall be furnished guaranteeing
faithful performance, and guaranteeing payment for labor and
materials. The amount of such improvement security shall be
determined by the City Engineer, and approved by the City Council
as to amount and adequacy.
(h) Improvement security as used -in this section
means one or'a combination of the following:
(1)
A
cash
deposit or deposits made
with the City.
(2)
A
bond
or bonds by one or more
duly ,
authorized corporate sureties.
(3) An instrument or instruments of credit from
one or more financial institutions subject to regulation by
the State or Federal Government pledging that the funds necessary
to meet the performance are on deposit.and guaranteed for
payment and agreeing that the funds designated by the instrument
shall become trust funds for the purposes set forth in the
instrument.
9132. REQUIRED SUBDIVISION IMPROVEMENTS.
The minimum improvements which the subdivider will be
required to make or enter into an agreement to make in the
subdivision prior to the acceptance and approval of the final
map by the City Council shall be:
• (a) Adequate distribution lines for domestic water
supply to each lot.
26
WEST COVINA MUNICIPAL CODE
(b) Sewage collecting system where main.lines of
an adequate disposal system are available.
(c) Adequate drainage of the subdivision streets,
highways and alleys.
(d) Adequate grading and surfacing of streets, highways
and alleys.
(e) Curbs and gutters, cross gutters, and where required,
sidewalks.
(f) Survey monuments.
(g) Fire hydrants at location designated by the
City Engineer.
(h) Street name signs, two to each intersection.
~ (i) Necessary barricades and safety devices.
(j) Street trees.
(k) Ornamental street lighting shall be required
unless exempted by the Planning Commission or City Council.
Installation of street lighting shall be in accordance with
plans and specifications which shall be approved by the
City Engineer or his duly authorized representative.
°1) Easements or land dedicated to the City for park
and recreation purposes shall be improved with sidewalks, rough
grading, curbs and gutters, and adequate provisions shall be made
for service to the proposed park site of all necessary utilities.
If the subdivider proposes to divide land into lots
which contain at least one acre, the subdivider may at the
time the tentative map is filed for approval request that
certain specified improvements, otherwise required by this
27
WEST COVINA MUNICIPAL CODE
• section be waived. If both the Planning Commission and the
City Council find that any of the waivers requested should be
granted to preserve and protect the rural nature of the area
those waivers may be approved at the time the tentative
map is approved.
All such improvements shall conform to the standards
and specifications established by resolution of the City
Council.
9133. MAP AND INSPECTION FEES.
(a) TENTATIVE MAP FEES.
(1) A fee shall be paid to the City in the
following amount to cover costs of checking each tentative map
or maps: One hundred dollars ($100), plus one dollar ($1)
per lot, for each subdivision or division of land.
(b) INSPECTION FEES.
Before commencing any improvements, the
subdivider shall deposit with the City Engineer the following
sums for inspection of the proposed improvements:
(1) Street and storm drain improvement
inspection fees shall be twenty-five dollars ($25), plus
five per cent (5%) of the estimated cost for said improvements.
(2) Sewer improvement inspection fees. shall
be twenty-five dollars ($25), plus four per cent (4%) of the
estimated cost for said improvements up to ten thousand dollars
($10,000) and three per cent (3%) of the estimated cost for
anything over ten thousand dollars ($10,000).
WEST COVINA MUNICIPAL CODE
(3) Sewer plan check fee. A sewer plan
check fee shall be required in the amount of twenty-five dollars
($25), plus four cents ($.04) per lineal foot of mainline sewer.
(c) STREET TREES.
The subdivider or owner shall pay a fee to the
City for each required street tree in a residential or commercial
subdivision or division of land in the amount specified by the
City Council in a schedule of fees adopted by it and on file in
the office of the City Clerk. The numbers and types of trees
shall be subject to the approval of the Recreation and Park
Director.
(d) FINALn'MAP FEES.
(1) A fee for engineering checking shall be
payable to the County on all subdivisions in such amounts as
conform to the County's schedule in such matters.
(2) A fee in the amount of fifty dollars ($50)
plus one dollar ($1) per lot for engineering checking of any
subdivision or division of land shall be payable to the City
Engineer's office.
(3) The City Engineer shall issue a receipt
for fees received in behalf of the City identifying same as
related to the number of the Subdivision or Division of land
for which such fee was tendered.
9134. PARK AND RECREATION AREAS.
The Planning Commission may, as a condition precedent
to the approval of any subdivision or division of land require
29
WEST COVINA MUNICIPAL CODE
0 the dedication of land for park or recreation purposes where
ever it is reasonable to do so in view of its studies and investi-
gation and in consideration of the circumstances.
(a) Every person who subdivides land shall dedicate
a portion of such land, pay a fee, or do both, as set forth in
this Chapter for the purpose of providing park and recreational
facilities to serve future residents of such subdivision or
division of land.
(b) The provisions of this Chapter relating to park
and recreational facilities shall apply to all subdivisions
or divisions of land as those phrases are defined in this Chapter,
and in Section 11500 et seq. of the Business and Professions
Code of the State of California, and to divisions of land by
parcel maps except subdivisions or divisions of land for
which tentative maps have been filed within thirty (30) days
after the effective date of this section and industrial subdivisions.
(c) It is hereby found and determined:
(1) That the public interest, convenience,
health, welfare and safety require that four (4) acres of
property for each one thousand (1,000) persons residing within
this City be devoted to park and recreation purposes;
(2) That said requirement will be satisfied
in part by cooperative arrangements between the City and the
local school districts to make available one and one-half (12)
acres of property for each one thousand (1,000) persons residing
within the City for park and recreation purposes;
30
H
WEST COVINA MUNICIPAL CODE
(3) That the remainder of the required four
(4) acres shall be supplied by the requirements of this Chapter
and the recreation program of the City.
(d) Population density for the purposes of this
Chapter shall be determined in accordance with the 1960
Census of Population and Housing; Final Report PHC(1)-82
Los Angeles, Long Beach SMSA, to wit:
(1) Single family dwelling units, and
duplexes--3.1 persons per dwelling unit; and
(2) Multiple family dwelling units--2.1
persons per dwelling unit.
The basis for determining the total number of
dwelling units shall be the number of such units permitted by
the City on the property included in the subdivision or
division of land at the time the final map is filed with the
City Council for approval.
(e) The amount of land required to be dedicated by
a subdivider pursuant to this Chapter shall be based on the
gross area included in the subdivision or division of land
determined by the following formula:
DENSITY FORMULA
Net Density
1 D.U. per acre or more
1 D.U. per z to 1 acre
Percentage of the gross area
of the subdivision or division
of land required when park land
is dedicated
0.60%
1.20%
1 D.U. per 10,000 sq. ft. to z acre 1.73%
31
WEST-COVINA MUNICIPAL CODE
• DENSITY FORMULA (cont'd)
Net Density Percentage of the gross area
of the subdivision or division
of land required when park land
is dedicated
1 D.U. per 9,000 to 9,999 sq. ft. 2.70%
1 D.U. per 8,000 to 8,999 sq. ft. 3.01%
1 D.U. per 7,000 to 7,999 sq. ft. 3.40%
1 D.U. per 6,000 to 6,999 sq. ft. 3.90%
1 D.U. per 5,000 to 5,999 sq. ft. 4.58%
10 to 19 D.U.'s per acre 5.79%
20 to 29 D.U.'s per acre 9.30%
30 to 39 D.U.'s per acre 12.56%
40 to 49 D.U.'s per acre 15.58%
50 to 59 D.U.'s per acre 18.40%
60 to 69 D.U.'s per acre 21.05%
70 to 79 D.U.'s per acre 23.54%
80 to 89 D.U.'s per acre 25.85%
90 t6 99 D.U.'s per acre 28.00%
100 D.U.'s and over per acre 29.07%
(f) Where a fee is required to be paid in lieu of
land dedication, the amount of such fee shall be based upon the
fair market value of the amount of land which would other-
wise be required to be dedicated pursuant to section E hereof.
The amount of such fee shall be a sum equal to the fair market
value of the amount of land .required in accordance with the
following formula:
32
1
•
WEST COVINA MUNICIPAL CODE
FEE FORMULA
Net Density
1 D.U. per acre or more
1. D.U. per 2 to 1 acre
1 D.U. per 10,000 sq. ft. to 2 acre
1 D.U. per 9,000 to 9,999 sq. ft.
1 D.U. per 8,000 to 8,999 sq. ft.
1
D.U.
per 7,000 to
7,999ssq.ft.
1
D.U.
per 6,000 to
6,999 sq. ft.
1
D.U.
per 5,000 to
5,999 sq. ft.
10
to
19 D.U.'s per
acre
20
to
29 D.U.'s per
acre
30
to
39 D.U.'s per
acre
40
to
49 D.U.'s per
acre
50
to
59 D.U.'s per
acre
Square feet of park land
required per gross acre
of subdivision or division
of land
261
523
754
1,176
1,311
1,481
1,699
1,995
2,522
4,051
5,471
6,787
8,015
60 to 69 D.U.'s per acre 9,169
70 to 79 D.U.'s per acre 10,019
80 to 89 D.U.'s per acre 10,254
90 to 99 D.U.'s per acre 11,260
100 D.U.'s and over per acre 12,663
"Fair market value" shall be determined as of the time
of filing the final map in accordance with the following:
(1) The fair market value as determined by the
City Council based upon the then assessed value, modified
to equal market value in accordance with current practice
of the county assessor; or
�3
WEST COVINA MUNICIPAL CODE
(2) If the subdivider or City object to such
evaluation, they may at their expense, obtain an appraisal
of the property by a qualified real estate appraiser approved
by each party, which appraisal may be accepted by both if
found reasonable; or
(3) The City and subdivider may agree as to
the fair market value.
(g) Where private open space for park and recreational
purposes is provided in a proposed subdivision or division of
land and such space is to be privately owned and maintained by the
future residents of the subdivision or division of land, such
areas shall be credited against the requirement of dedication
for park and recreational purposes, as set forth in Section (e)
hereof, or the payment of fees in lieu thereof, as set forth in
Section (f) hereof, provided the City Council finds it is in the
public interest to do so, and that the following standards are
met:
(1) That yards, court areas, setbacks and
other open areas required to be maintained by the zoning and
building regulations shall not be includedin the computation
of such private open space; and
(2) That the private ownership and maintenance
of the open space is adequately provided for by written agreement;
and
(3) That the use of the private open space
• is restricted for park and recreational purposes by recorded
34
Q
WEST COVINA MUNICIPAL CODE
covenants which run with the land in favor of the future
owners of property within the tract and which cannot be
defeated or eliminated without the consent of the City
Council; and
(4) That the proposed private open space is
reasonably adaptable for use for park and recreational purposes,
taking into consideration such factors as size, shape, topography,
geology, access, and location of the private open space land; and
(5) That facilities proposed for the open space
are in substantial accordance with the provisions of the recrea-
tional element of the general plan, and are approved by the City
Council.
(h) The procedure for determining whether the
subdivider or other developer of land is to dedicate land, pay
a fee, or both, shall be as follows:
(1) At the time of filing a tentative map for
approval, the owner of the property shall, as a part of such
filing, indicate whether he desires to dedicate property
for park and recreational purposes, or whether he desires to
pay a fee in lieu thereof. If he desires to dedicate land
for this purpose, he shall designate the area thereof on the
tentative map as submitted.
(2) At the time of the tentative map approval,
the City Council shall determine as a part of such approval,
whether to require a dedication of the land within the subdivision
or division of land, payment of a fee in lieu thereof, or a
combination of both.
35
WEST COVINA MUNICIPAL CODE
. (3) Where dedication is required, it shall be
accomplished in accordance with the provisions of the Subdivision
Map Act. Where fees are required, the same shall be deposited with
the City prior to the approval of the final tract map. Open
space covenants for private park or recreational facilities
shall be submitted to the City prior to approval of the final
map and shall be recorded contemporaneously with the final map.
(i) Whether the City Council accepts land dedication
or elects to require payment of a fee in lieu thereof, or a
combinantion of both, shall be determined by consideration of the
following:
(1) Recreation element of the City's general
• plan; and
(2) Topography, geology, access and location
of land in the subdivision available for dedication; and
(3) Size and shape of the subdivision and land
available for dedication.
The determination of the C sty Council as to whether
land shall be dedicated, or whether a fee shall be charged,
or a combination thereof, shall be final and conclusive. On
subdivisions involving fifty (50) lots or less, only the payment
of fees shall be required.
(j) At the time the final map is approved, the
City Council shall designate the time when development of the
park and recreational facilities shall be commenced.
0
36
WEST COVINA MUNICIPAL CODE
(k) The land and fees received under this Chapter
shall be used only for the purpose of providing park and
recreational facilities to serve the subdivision or division
of land for which received and the location of the land and
amount of fees shall bear a reasonable relationship to the
use of the park and recreational facilities by the future
inhabitants of the subdivision or division of I&hd.
(1) The provisions of this section requiring the
dedication of park land or the payment of a fee in lieu thereof
shall not apply to the subdivision or other division of land
which is included in the Planned Community Development Zone and
which is being developed pursuant to an approved Community Master
Plan if the Planning Director determines that the Community
Master Plan requires:
(1) The dedication of at least as much park
land, or
(2) The maintenance of at least as much private
open space for park and recreational purposes, or
(3) A combination of (1) and (2) which provide
at least as much land for park and recreational
purposes.
0
37
16
SECTION 3. The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be published as required by
1 aw .
Passed and approved this 27th day of July , 1970.
Mayor
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF WEST COVINA
I, LELA W. PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1138 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 13th day of July , 1970. That,
thereafter, said ordinance was duly adopted an passed at a regular
meeting of the City Council on the 27th day of July , 1970,
by the following vote, to wit:
AYES: Councilmen: Shearer, Nichols, Young, Lloyd, Chappell
NOES: Councilmen: None
ABSENT:Councilmen: None
AS TO FORIM
C I
�iy:f ;
city clefrf