Lomita Municipal Code Art. 5 Improvements

Improvements required to be installed or agreed to be installed by a subdivider as a condition precedent to the filing of a final map or parcel map shall comply with the requirements of this Article. Such improvements shall be provided and developed in accordance with the conditions imposed as a condition of approval of the tentative map, in accordance with any agreement or bond made or entered into by the subdivider for that purpose, and in accordance with the standards and specifications set by administrative regulations and ordinances of the City of Lomita applicable at the time of approval of the tentative map.

(Ord. No. 208, § 2, 9-15-75)

Plans, profiles and specifications for improvements other than street and highway improvements shall be submitted to the city engineer not later than the time a final map or parcel map is submitted for checking and certification. Such plans shall show all details of the proposed improvements needed for approval of the plans by the city engineer. Such details may include requirements of other governmental bodies whose jurisdiction some portion of the plan may encompass.

Final plans must be approved by the city engineer before a final map is transmitted to the city council for approval or a parcel map is certified for filing by the city engineer if:

(a) The subdivider applies for a reimbursement agreement.

(b) Another governmental agency, whose approval of plans is necessary, will not approve preliminary plans.

Preliminary plans may be approved by the city engineer when sufficient engineering data is furnished by the subdivider to demonstrate that the preliminary design meets the city's standards and specifications, is practicable from a maintenance standpoint and is consistent with sound engineering practices and that the final plans will conform to the preliminary plans with only minor changes.

(Ord. No. 208, § 2, 9-15-75)

Plans, profiles and specifications for all street and highway improvements shall be subject to the approval of the superintendent of streets. Such plans shall be furnished to the superintendent of streets not later than the time of submitting the final map or parcel map to the city engineer for checking and shall be subject to the approval of the superintendent of streets before any such map shall be certified by the city engineer. Such plans, profiles and specifications shall show full details of the proposed improvements and shall be in accordance with the standards and specifications of the City of Lomita as adopted by the city council. Such plans shall also include the design grade for an existing highway or for a future street provided the superintendent of streets determines that such grade is necessary to properly locate slope and drainage easements, if any.

(Ord. No. 208, § 2, 9-15-75)

If streets, highways or other public ways are to be dedicated on a final map or by separate instrument prior to filing a parcel map and the subdivider is required to grade, pave or install curbs, gutters or sidewalks within such easements, the subdivider shall provide a copy of the final map or parcel map, as the case may be, which delineates all structures within such easements, except publicly owned storm drains, waterlines, sewers and other drainage or sanitary facilities. Such maps shall be submitted to the superintendent of streets when highway improvement plans are submitted for approval.

(Ord. No. 208, § 2, 9-15-75)

Each highway shall be improved with full width grading, cement concrete curbs and gutters, full width roadway paving, installation of drainage facilities incidental thereto, street signs, and such other improvements for traffic and drainage needs as are required for the appropriate development of the division of land.

(Ord. No. 208, § 2, 9-15-75)

Each street, whether public or private, shall be improved with full width grading, cement concrete curbs and gutters, full width roadway paving, drainage facilities incidental thereto and street signs.

(Ord. No. 208, § 2, 9-15-75)

If a portion of an existing street or highway constitutes any portion of the boundary of the division of land and such street or highway is unimproved, or the city council determines that the improvements are insufficient for the general use of the lot owners in the division of land and for local neighborhood traffic and drainage needs, the city council may require the subdivider to improve or agree to improve such street or highway as specified in sections 11-2.205, 11-2.206 and 11-2.217.

(Ord. No. 208, § 2, 9-15-75)

The city council may require the remodeling of an existing street or highway. Such remodeling shall be in accordance with the improvement requirements specified in sections 11-2.205, 11-2.206 and 11-2.217.

(Ord. No. 208, § 2, 9-15-75)

Except for full width grading, the subdivider shall not be required to improve streets or highways shown on a final map or a parcel map as future streets.

(Ord. No. 208, § 2, 9-15-75)

Temporary improvements may be required prior to, or concurrent with, permanent improvements. In such instances, the temporary improvements shall be installed in a manner approved by the city engineer or superintendent of streets, whichever is appropriate.

(Ord. No. 208, § 2, 9-15-75)

The city council may require such structures to be installed as are necessary for the proper functioning and maintenance of the improvements required to remove a flood or geological hazard and as are necessary for the protection of property adjacent to the division of land.

(Ord. No. 208, § 2, 9-15-75)

The subdivider shall provide such drainage facilities as are considered necessary by the city council for the drainage requirements of the division of land and for local neighborhood needs. Such facilities shall be constructed in accordance with standards and specifications approved by the city engineer.

(Ord. No. 208, § 2, 9-15-75)

A solid masonry wall six (6) feet in height shall be constructed along the perimeter of tracts and parcel maps, except along the public right-of-way; within the twenty-foot front yard setback area; and where said wall would obstruct the visibility of pedestrian and/or vehicular traffic. At each point along the perimeter, the height of the wall shall be measured from the higher of the finished grade on either side of the wall.

A modification from this requirement may be applied for pursuant to Article 70 of the Lomita Municipal Code (Zoning Ordinance Administration).

(Ord. No. 208, § 2, 9-15-75; Ord. No. 407, § 3, 9-15-86; Ord. No. 440, § 4, 4-17-89; Ord. No. 733, § 2(pt. 2), 9-7-10)

The subdivider shall provide a chain link fence or equivalent, not less than six (6) feet high, along each side of any portion of a dedicated right-of-way for any watercourse or drainage facility within a proposed division of land if the city council finds that the location, shape, slope, width, velocity of water therein, or other characteristics of the watercourse or drainage facility makes the fencing of the right-of-way necessary for the protection of the general public. Such fencing shall have an adequate number of gates to facilitate cleaning and maintenance and shall not contain apertures below the fence in excess of four (4) inches vertical.

(Ord. No. 208, § 2, 9-15-75)

Utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground. The subdivider is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground. The city council may waive the requirements of this section if topographical, soil or any other conditions make such underground installations unreasonable or impractical.

(Ord. No. 208, § 2, 9-15-75)

The city council may require the subdivider to install sanitary sewers to serve each lot in a division of land. Such sewers shall be designed in accordance with the requirements of the city engineer and the outlet to be used for the sewers shall be designated by the city engineer.

(Ord. No. 208, § 2, 9-15-75)

The subdivider shall install concrete sidewalks not less than four (4) feet wide when adjacent to the property line or not less than five (5) feet including curb when adjacent to the curb along that side of all service roads upon which lots abut and on both sides of all other streets and highways. Sidewalks shall be installed adjacent to the curb only if the city council so specifies.

(Ord. No. 208, § 2, 9-15-75)

The subdivider shall provide an ornamental street lighting system in each division of land of five (5) lots or more. Plans for the installation of the system shall be submitted to the superintendent of streets for approval.

(Ord. No. 208, § 2, 9-15-75)

The subdivider shall plant trees in the parkway panels of streets and highways within or adjacent to a division of land; the type or species and location of such trees shall be subject to the approval of the parks and recreation department.

(Ord. No. 208, § 2, 9-15-75)

The subdivider shall install or agree to install mains and fire hydrants in the division of land for the general use of the lot owners and for fire protection. The installation of such water mains and fire hydrants shall comply in all respects with all statutes, ordinances, rules and regulations applicable to water mains and fire hydrants. In the absence of such statutes, ordinances, rules and regulations, required domestic water flows shall be determined by the city engineer and required fire flows, duration of required fire flows, and fire hydrant type and location shall be determined by the fire chief.

Water mains and fire hydrants may be required on existing streets or highways adjacent to or within the division of land provided the existing improvements are insufficient for the general use and/or fire protection of the lot owners.

(Ord. No. 208, § 2, 9-15-75)

If a required improvement is not completed before a final map or parcel map is filed, the subdivider shall enter as contractor into an agreement with the city to complete the improvement within the time specified in the agreement.

(Ord. No. 208, § 2, 9-15-75)

Improvements required by this Article shall be installed and constructed by the subdivider at his expense, and shall not be paid for by any special assessment lien, tax, bonded indebtedness, or other charge against the land or real property within the division, except:

(a) The cost of installing pipes and other facilities for the transmission of water may be paid for in whole or in part from revenues collected from the customers served at regular established water rates for the water company, pursuant to regulations of the public utilities commission where applicable, or by a public agency (as defined in Section 4401 of the California Government Code) from the net operating income only, as payment for the sale of water thereto.

(b) As provided in Sections 66483, 66484, 66485 and 66488 (sewer and drainage reimbursement contracts) of the Subdivision Map Act or other reimbursement enabling acts.

All outstanding or remaining assessments on the land of the division established for improvements constructed under special assessment district proceedings shall be paid by the subdivider.

(Ord. No. 208, § 2, 9-15-75)

(a) Maintenance required: Whenever any retaining wall, decorative wall, fence or other enclosure is required as a condition for any division of property under this chapter, it shall be the responsibility of the property owner and the property owner's successors in interest to maintain said walls or fences. All such walls or fences must be maintained in a condition adequate to serve the purpose for which they were required, whether related to safety, stability, security or aesthetics.

(b) City's right to repair: The city administrator or his designee may, after inspection of the wall or fence, require that maintenance or repair at the owner's expense be performed upon any such fence or wall by the owner of the property upon which the fence or wall is located. If said owner fails to perform the required maintenance or repair within thirty (30) days from the date of initial notification by the city administrator or his designee, the city may notify the property owner of its intent to enter the property and perform the required repair and maintenance itself at the owner's expense. Any such notice shall inform the property owner that he shall have a right to a hearing and that said hearing must be requested within five (5) days from the mailing date of the notice. If after five (5) days the property owner has failed to request a hearing or, after hearing so held, the city may enter the property and perform the required maintenance and repair.

(c) Cost of repair; imposition of lien: The actual cost of said maintenance or repair shall be charged against the property owner. The city shall notify the property owner of the amounts so charged and of his right to a hearing regarding the amount. If within ten (10) days of the mailing date of said notice the property owner has failed to request a hearing and failed to pay the amount charged, or after hearing so held, the city may record a lien upon the affected property for the amount due plus interest at the legal rate. The lien to be recorded shall be in a form approved by the city attorney.

(Ord. No. 460, § 1, 2-20-90)

Editor's note— Section 1 of Ord. No. 460, adopted Feb. 20, 1990, added § 11-2.251 to the Code. This would have duplicated a section within art. 6, relating to final and parcel maps. For purposes of classification and to avoid repetition of section numbers, the editor has included the provisions as § 11-2.223.