HomeMy WebLinkAbout28-B - Ordinances ORDINANCE NO. 28-B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, TO SUPPLEMENT AND IMPLEMENT THE
SUBDIVISION MAP ACT.
The City Council of the City of Rancho Cucamonga, California, does
ordain as follows:
ARTICLE TITLE PAGE
1 GENERAL PROVISIONS 2
2 DEFINITIONS AND RESPONSIBILITIES 5
3 MAPS REQUIRED 10
4 SUBDIVISION MAPS (5 OR MORE PARCELS) 13
5 SUBDIVISION MAPS (4 OR LESS PARCELS) 30
6 DEDICATIONS AND RESERVATIONS 39
7 SUBDIVISION IMPROVEMENTS 43
8 REVERSION TO ACREAGE 54
9 CORRECTION AND AMENDMENTS OF MAPS 57
10 ENFORCEMENT OF ARTICLE PROVISIONS 60
11 PARCEL MERGERS 64
12 PUBLISHING 66
Ordinance No. 28-B
Page 2
ARTICLE 1. GENERAL PROVISIONS
Section 1.101 Citation and Authority
Section 1.102 Purpose
Section 1.103 Conformity to General Plan, Specific Plans,
Planned Communities and Zoning Ordinances
Section 1.104 Application
Section 1.105 Substandard Lots Prohibited
Section 1.106 Modification of Requirements
Section 1.107 Time
Section 1.108 Services and Permits
Section 1.109 Evidenc~. ~f Ownership Required at the Time of
Filing Any Tentative, Parcel, or Final Map
Section 1.110 Waivers of Technical or Inadvertent Errors
Section 1.111 Rules and Regulations
Section 1.112 Severability
Ordinance No. 28-B
Page 3
ARTICLE 1. GENERAL PROVISIONS
Section 1.101. Citation and Authority.
This chapter is adopted to supplement and implement the Subdivision Map
Act, Section 66410, et seq. of the Government Code, and may be cited as
the subdivision ordinance of the City of Rancho Cucamonga.
Section 1.102. Purpose.
It is the purpose of this chapter to regulate and control the division
of land within the City of Rancho Cucamonga and to supplement the provisions
of the Subdivision Map Act concerning the design, improvement and survey
data of subdivisions, the form and content of all maps provided for by
the Subdivision Map Act and the procedure to be followed in securing the
official approval of the Planning Commission and the City Council regarding
such maps. To accomplish this purpose, the regulations outlined in this
chapter are determined to be necessary for the preservation of the
public health, safety and general welfare, to promote orderly growth and
development and to promote open space, conservation, protection, and
proper use of land and to insure provision for adequate traffic circulation,
utilities and services.
Section 1.103. Conformity to General Plan~ Specific Plans~ Planned Communities
and Zoning Ordinances.
No land shall be subdivided and developed for any purpose which is not
in conformity with the general plan and any specific plan, and any
planned community of the City of Rancho Cucamonga or specifically authorized
by the precise zoning ordinance for the City.
The type and intensity of land use as shown on the general plan shall
determine the type of streets, roads, highways, utilities and public
services that shall be provided by the subdivider.
Section 1.104. Application.
The regulations set forth in this chapter shall apply to all subdivisions
or parts thereof within the City of Rancho Cucamonga and to the preparation
of subdivision maps thereof and to other maps provided for by the Subdivision
Map Act. Each such subdivision and each part thereof lying within the
City of Rancho Cucamonga shall be made and each such map shall be prepared
and presented for approval as hereafter provided for and required.
Section 1.105. Substandard Lots Prohibited.
No final map or parcel map shall be approved, and no certificate of
compliance shall be issued, if a substandard lot would thereby be created
or recognized.
Section 1.106. Modification of Requirements.
Whenever in the opinion of the Planning Commission 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 use that it is impossible or
impracticable in the particular case for the subdivider to conform fully
to the regulations contained in this chapter, the Planning Commission
may make such modifications thereof as in its opinion are reasonably
necessary or expedient and in conformity with the State Subdividison Map
Act.
Ordinance No. 28-B
Page 4
Section 1.107. Time.
In all cases where this Ordinance or the Subdivision Map Act requires
the performance of any act, including the holding of any hearing, by any
employee, officer, board, agency, commission, or the Council within a
specified period of time, such time may be extended by mutual agreement
between the subdivider and the employee, officer, board, agency, commission,
or the Council responsible for the performance of such act.
Section 1.108. Services and Permits.
No new City service or utilities shall be provided to, and no City
permit will be issued with respect to, any parcel or lot which is an
unrecognized parcel; provided, however, a permit may be issued by the
Building Official for the length of time as he shall determine if he
finds such action is necessary to protect the public health and safety.
Section 1.109. Evidence of Ownership Required at the Time of Filing Any
Tentative~ Parcel~ or Final Map.
Any subdivider shall submit evidence as to the ownership of the land
proposed to be divided. Such evidence may be in the form of a preliminary
title report which is dated not more than sixty (60) days prior to the
date on which the tentative, parcel, or final map is filed, or such
evidence may be in any other form which is acceptable to the City Engineer.
Section 1.~i0. Waivers of Technical or Inadvertent Errors.
The Council may waive the provisions of Section 66473 of the Government
Code with respect to any technical or inadvertent error if the Council
first makes a finding that such error does not materially affect the
validity of the map.
Section 1.111. Rules and Regulations.
The Community Development Director may adopt rules and regulations
relating to and necessary and proper for the interpretation and administration
of this ordinance consistent with the provisions thereof.
Section 1.112. Severability.
If any section, subsection, se~ ~ence, clause, or phrase of this Ordinance,
for any reason, is held to be invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the validity or constitutionality
of the remaining portions of this Ordinance, it being hereby expressly
declared that this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, would have been prepared, proposed, adopted,
approved, and ratified irrespective of the fact that one or more sections,
subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
Ordinance No. 28-B
Page 5
ARTICLE 2. DEFINITIONS AND RESPONSIBILITIES
Section 1.201 Definitions
Section 1.202 Responsibilities
Ordinance No. 28-B
Page 6
ARTICLE 2. DEFINITIONS AND RESPONSIBILITIES
Section 1.201. Definitions.
Block. The area of land within a subdivision which area is entirely
bounded by streets, highways or ways, except alleys, or the exterior
boundary or boundaries of the subdivision.
City Engineer. The City Engineer of the City of Rancho Cucamonga and
shall include his deputies.
City Planner. The City Planner of the City of Rancho Cucamonga and
shall include his deputies.
Community Development Director. The Co~mmunity Development Director of
the City of Rancho Cucamonga and shall include his deputies.
Condominium. An estate in real property consisting of an undivided
interest in common in a portion of a parcel of real property together
with a separate interest in space in a residential, industrial or commercial
building on such real property, such as an apartment, office, or store.
A condominium may include, in addition, a separate interest in other
portions of such real property.
Conversion. The creation of separate ownership of existing real property
together with a separate interest in space of residential, industrial or
commercial buildings thereon.
Desisn. "Design" means: (1) street alignments, grades and widths; (2)
drainage and sanitary facilities and utilities, including alignments and
grades thereof; (3) location and size of all required easements and
rights-of-way; (4) fire roads and fire breaks; (5) lot size and configuration;
(6) traffic access; (7) grading; (8) land to be dedicated for park or
recreational purposes; and (9) such other specific requirements in the
plan and configuration of the entire subdivision as may be necessary or
convenient to insure conformity to or implementation of the general plan
or any adopted specific plan.
Environmental Impact Report (EIR). A detailed statement setting forth
the environmental effects and considerations pertaining to a project as
specified in Section 21100 of the California Environmental Quality Act,
and may mean either a draft or a final EIR.
Final Map. A map showing a subdivision for which a tentative and final
map is required by the Subdivision Map Act or this chapter, prepared in
accordance with the provisions of this chapter and the Subdivision Map
Act designed to be recorded in the office of the County Recorder.
General Plan. The General Plan of the City of Rancho Cucamonga.
Improvement. "Improvement" refers to such street work, storm drainage,
utilities, and landscaping to be installed, or agreed to be installed,
by the subdivider on the land to be used for public or private streets,
highways, and easements, as are necessary for the general use of the lot
owners in the subdivision and local neighborhood traffic and drainage
needs as a condition precedent to the approval and acceptance of'the
final map thereof; or to such other specific improvements or types of
improvements, the installation of which, either by the subdivider, by
public agencies, by private utilities, by any other entity approved by
the local agency or by a combination thereof, is necessary or convenient
to insure conformity to or implementation of the General Plan or any
adopted specific plan.
Improvements shall be constructed in accordance with the City of Rancho
Cucamonga Standard Specifications and Details and/or when applicable
with standards as adopted by local utility companies and approved by the
City Engineer.
Ordinance No. 28-B
Page 7
Lot. A parcel or portion of land separated from other parcels or
portions by description as on a subdivision or record of survey map or
by metes and bounds for purpose of sale, lease, or separate use.
Lot Line Adjustment. A minor shift or rotation of an existing lot line
or other adjustments as approved by the City Engineer or authorized
representative.
Mer~er. The joining of two or more contiguous parcels of land under one
ownership into one parcel. (See Article 11).
Map Act. The subdivision Map Act of the State of California.
Offered Dedication. "Offered Dedication" shall mean that portion of
land which is irrevocably offered to the City for future Public Rights-
of-way which has no prospective future date for; construction to City
Standards; and/or notice of completion.
Parcel Map. A map showing a division of land of four or less parcels as
required by this ordinance, prepared in accordance with the provisions
of this chapter and the Map Act.
Peripheral Street. An existing street whose right of way is contiguous
to the exterior boundary of the subdivision.
Recosnized Parcel. "Recognized Parcel" shall mean (1) any lot or parcel
which was a separate lot or parcel of record on December 1, 1977, as
shown in the official records of the County Recorder (2) Any lot or
parcel which has been or is created after December 1, 1977, in accordance
with State law or any applicable City ordinance (3) Any lot or parcel
which at the time of annexation to the City is a separate lot or parcel
of record, as shown in the official records of the County Recorder.
Subdivision Improvement Standards. Standard details, standard specifications,
and other standards approved by the City Engineer that shall govern the
improvements to be constructed pursuant to this chapter and the Map Act.
Subdivider. A person, firm, corporation, partnership, or associate who
proposes to divide, divides, or causes to be divided real property into
a subdivision for himself or for others; except that employees and
consultants of such persons or entities, acting in such capacity, are
not "Subdividers".
Subdivision. The division of any improved or unimproved contiguous land
for the purpose of sale, lease, or financing, whether immediate or
future. Property shall be considered as contiguous units, even if it is
separated by roads, streets, utility easements or railroad rights of
way. "Subdivision" includes a condominium project, as defined herein or
in Section 1350 of the Civil Code or a community apartment project, as
defined in Section 11004 of the Business and Professions Code. Any
conveyance of land to a governmental agency, public entity, or public
utility shall not be considered a division of land for purposes of
computing the number of parcels.
"Subdivision" does not include:
(a) Buildings divided into apartments, offices, stores or similar
space within apartment buildings, industrial buildings, commercial
buildings, mobile home parks, or trailer parks for the purpose of
lease or financing;
(b) Land divided by mineral, oil, or gas leases; or
(c) Land dedicated for cemetery purposes under the Health and
Safety Code of the State of California.
Substandard Lot. "Substandard Lot" shall mean any lot which does not
meet the minimum dimension or area requirements for the zone in which it
is minimum lot area or dimensions, the area of any easement which restricts
the normal usage of the lot may be excluded.
Tentative Parcel Map. shall mean a Tentative Map of four or less lots,
etc.
Tentative tract map. shall mean a tentative map for a proposed subdivision
creating five (5) or more lots, five (5) or more condominiums as defined
in Section 783 of the Civil Code, a corm~unity apartment project containing
five (5) or more parcels, or for the conversion of a dwelling to a stock
cooperative containing five (5) or more dwelling units, except for those
subdivisions which comply with the provisions of subsections (a), (b),
(c) or (d) of Section 66426 of the Government Code.
Unrecognized Parcel. "Unrecognized Parcel" shall mean any lot or parcel
which is not a recognized parcel.
Zonin~ Ordinance. "Zoning ordinance" shall mean the Zoning Ordinance of
the City of Rancho Cucamonga, or any ordinance enacted under zoning law.
Section 1.202. Responsibilities.
1.202.1 City Attorney. The City Attorney shall be responsible for
approving as to form all subdivision improvement agreements and subdivision
improvement securities.
1.202.2 City Council. The City Council shall have final jurisdiction
in the approval of final maps, parcel maps, and improvement agreements
and the acceptance by the City of such lands and/or improvements as may
be proposed for dedication to the City for all subdivisions.
The City Council shall act as the appeal board for hearing appeals of
the approval, conditional approval or denial of tentative subdivision
maps and parcel maps.
1.202.3 City Ensineer. The City Engineer shall be responsible for:
(a) Establishing design and construction details, standards, and specifications;
(b) Determining if proposed subdivision improvements comply with the
provisions of this chapter and the Map Act and for reporting the findings
together with any recommendations for approval, or conditional approval,
of all tentative maps by report to the Community Development Director.
(c) The processing and approval of final maps, parcel maps, reversion
to acreage maps, amended maps, subdivision improvement plans, lot line
adjustments, mergers, and certificates of compliance; and
(d) The inspection and approval of subdivision improvements.
(e) The acceptance of dedications and improvements for subdivisions of
four (4) or less parcels.
(f) The inspection and approval of private improvements (improvements
not to be maintained by the City).
(g) Preparing and submitting bonds and improvement agreements for
public improvements for all subdivisions.
(h) Examining and certifying that final maps are in substantial conformance
to the approved tentative map.
Ordinance No. 28-B
Page 9
1.202.4 City Planner. The City Planner shall be responsible for:
Investigating proposed subdivisions for conformity to the General Plan,
specific plans, planned communities and zoning ordinances of the City
and reporting his finding together with recommendations for approval or
conditional approval to the Design Review Committee.
1.202.5 Community Development Department (CDD). The Community Development
Department shall be responsible for the processing of all subdivision
maps.
1.202.6 Community Development Director. The Commmunity Development
Director shall be responsible for the management of the Community
Development Department in carrying out the responsibilities imposed upon
it by this chapter.
1.202.7 Design Review Committee (DRC). The Design Review Co~ittee
shall be responsible for the review of tentative maps (for subdivisions
of 5 or more parcels or units) for general layout and aesthetics pursuant
to Section 66473.1 of the Map Act and to Ordinance 86 for approval or
conditional approval to the Planning Commission.
1.202.8 Planning Commission. The Planning Commission shall be responsible
for approving, conditionally approving, or denying tentative maps of all
subdivisions, and reporting its action to the City Council.
ARTICLE 3. MAPS REQUIRED
Section 1.301 General
Section 1.302 Division of Land Five or More Parcels
Section 1.303 Division of Land Less than Five Parcels
Section 1.304 Fees and Deposits
Section 1.305 Submittals
Section 1.306 Exclusions
Section 1.307 Remainder Parcels
Ordinance No. 2~-~
Page 1!
ARTICLE 3. MAPS REQUIRED
Section 1.301. General.
The necessity for tentative, final, and parcel maps shall be governed by
the provisions of this Chapter.
Section 1.302. Division of Land - Five or More Parcels.
A tentative, and final map shall be required for all divisions of land
when determined by the Community Development Director that such land
divided into five or more parcels, five or more condominiums as defined
in Section 783 of the State Civil Code, or a community apartment project
containing five or more parcels except for:
(a) Land Divided by mineral, oil, or gas leases.
(b) Land dedicated for cemetery purposes under the Health and
Safety Code of the State of California.
Section 1.303. Division of Land Less than Five Parcels.
A tentative map and parcel map shall be required for all divisions of
lands which create less than five parcels except for:
(a) Divisions of land created by short-term leases (terminable by
either party on not more than 30 days notice in writing) of a
portion of an operating right-of-way of a railroad corporation
defined as such by Section 230 of the Public Utilities Code,
provided, however, that upon a showing made to the City
Engineer based upon substantial evidence that public policy
necessitates such a map, this exception shall not apply.
(b) Lot line adjustments, provided:
1. No additional parcels or building sites have been created.
2. The adjustment does not create the potential to further
divide either of the two parcels into more parcels than
would have been otherwise possible.
3. There are no resulting violations of the Rancho Cucamonga
Municipal Code.
(c) Except when the parcel map is waived by the City Engineer as
provided by Section 1.502.10.
A Tentative map, in a form as required by the City Engineer and a
certificate of compliance in accordance with Section 1.1104 shall be
required for lot line adjustments, mergers, certificates of compliance
and parcel map waivers.
Section 1.304 Fees and Depostis.
Ail persons submitting maps as required by this chapter shall pay all
fees and/or deposits as provided by the City's resolution establishing
fees and charges, or as provided by this chapter.
Ordinance No. 28-B
Page 12
Section 1.305. Submittals.
(a) Any submissions of a map shall not constitute submission for
filing with the City until all attachments and required statements,
instructions, environmental forms and clearances, and a
completed application form with appropriate fees or receipts
therefor are deposited with the Cormmunity Development Department
and a written receipt therefor is provided to the filer.
(b) Failure to submit all materials and statements required by
this chapter shall constitute grounds for rejection of filing
the application.
Section 1.306 Exclusions. All portions of the recognized parcels
proposed to be divided shall be included and identified by number on
each map required or permitted by the Subdivision Map Act or this Ordinance,
except in the following cases:
(a) The present owner of an unrecognized parcel may file a map of
that portion of the recognized parcel which he owns and exclude the
remainder of the recognized parcel if the present owner was not the
subdivider at the time the unrecognized parcel was created; or,
(b) The owner of an unrecognized parcel, who was the subdivider at
the time the unrecognized parcel was created, may file a map showing
all portions of the previously recognized parcel which is not now a
recognized parcel.
(c) For the purposes of this section, any person who, at the time
he acquired an unrecognized parcel, had actual or constructive
knowledge that the same was an unrecognized parcel shall be deemed
a subdivider who created the unrecognized parcel.
Section 1.307 Remainder Parcels.
(1) The subdivider may designate as a remainder that portion of
the subdivision which is not divided for the purpose of sale, lease
or financing.
(2) For any remainder parcel so designated, the final map or
parcel map shall state as a condition of approval that said remainder
portion shall not be sold, leased or financed until all improvements
which are required have been constructed or the in-lieu fees have
been paid, or the subdivider has entered into an agreement with the
City providing for the construction of such improvements at the
subdivider's expense, within a period of twelve (12) months after
the recordation of the map. In the latter case the subdivider
shall be required to furnish security in connection with the performance
of such agreement as provided in Section 1.708.
(3) Notwithstanding sub-section (2) of this section, the City
Council hereby finds that it is necessary for reasons of public
health and safety that all required off-site improvements be constructed
within a period of twelve (12) months following the recordation of
a parcel map or final map for each parcel or unit of land designated
on such map as the remainder upon which there exists a building or
other usable structure at the time of such recordation.
Ordinance No. 28-B
Page 13
ARTICLE 4. SUBDIVISION MAPS
(FIVE OR MORE PARCELS)
Section 1.401 Tentative Subdivision Maps
Section 1.402 Final Maps
Or~Lnance ','o. L~.''-~,
P~ge 1.4
ARTICLE 4. SUBDIVISION MAPS
(FIVE OR MORE PARCELS)
Section 1.401. Tentative Subdivision Maps.
1.401.1 General. Tentative tract maps shall be filed with the Community
Development Department and shall be accompanied by an application. The
number of copies of such application, and the form and content thereof,
shall be as from time to time established by the Community Development
Department.
1.401.2 Form and Contents. Tentative tract maps shall be legibly drawn
on one or more sheets eighteen inches (18") by twenty-six inches (26")
or twenty-four inches (24") by thirty-six inches (36") in size. The
scale of tentative maps shall be a minimum of 1" = 100' and shall be
prepared by a registered civil engineer or licensed land surveyor.
Tentative tract maps shall contain not less than the following information:
(a) A title which shall contain the subdivision number, subdivision
name, and type of subdivision.
(b) Names, addresses and telephone numbers of legal owner,
subdivider, and person preparing the map (including registration
number).
(c) The boundary lines and a legal description of the parcels;
The Recorder's book and page of Deeds and Assessors parcel
number shall be included.
(d) Date, north arrow, scale and contour interval.
(e) Existing and proposed land use.
(f) A vicinity map showing roads, adjoining subdivisions, towns,
creeks, railroads, and other data sufficient to locate the
proposed subdivision and show its relation to the community.
(Minimum Scale 1" = 1,000')
(g) The zoning of the area shown on the map. If the area is
situated in more than one zone, zone boundaries shall be
shown;
(h) The area of the parcels shown in acres or square feet;
(i) The lengths of the boundary lines of all lots;
(j) The area of each lot shown in acres or square feet;
(k) Each lot shall be designated consecutively by number;
(1) Existing topography of the proposed site and at least 100 feet
beyond its boundary, including but not limited to:
1. Existing contours at 2ft. intervals if the existing
ground slope is less than 10 percent and at not less than 5
ft. intervals for existing ground slopes greater than or equal
to i0 percent. Contour intervals shall not be spread more
than 150 feet apart. Existing contours shall be represented
by dashed lines or by screened lines.
2. Type, circumference and dripline of existing trees as
defined by Ordinance 37 (Preservation of Trees on Private
Property) Any trees proposed to be removed shall be so indicated.
Ordinance No. 28-B
Page 15
3. The approximate location and outline of existing structures
identified by type. Buildings to be removed shall be so
marked.
4. The approximate location of all areas subject to innundation
or storm water overflow and the location, width, and direction
of flow of each water course.
5. The location, pavement and right of way width, grade and
name of existing streets or highways.
6. The widths, location, and identity of all existing
easements.
7. The location and size of existing and proposed sanitary
sewers, water mains, fire hydrants and storm drains. The
approximate slope of existing sewers and storm drains shall be
indicated.
8. Any obstructions within five feet (5') of any existing
parcel line or proposed lot line.
9. Any significant topographical feature inside the boundary
or within 100 feet of the boundary lines of the parcels,
including water and drainage courses, railroad lines, and the
like.
(m) Proposed improvements to be shown shall include but not be
limited to:
1. The location, grade, centerline radius, and arc length of
curves, pavement and right of way width and direction of flow
by arrows. Typical sections of all streets shall be shown.
2. The location and radius of all curb returns and cul-de-
sacs.
3. The location, width, and purpose of all easements.
4. The angle of intersecting streets if such angle deviates
from a right angle by more than four degrees.
5. Preliminary site and grading plan showing the approximate
grading of each lot, the preliminary design of all grading,
the elevation of proposed building pads, the top and toe of
cut and fill slopes to scale, and the number of each lot.
Shading of all cut and fill slopes in excess of 5 vertical
feet.
6. A grading plan with proposed contours at 2ft. intervals
shall be shown if the existing ground slope is less than five
percent and not at less than 5ft. intervals for existing
ground slopes greater than or equal to 5 percent. A separate
grading plan may be submitted.
7. Proposed recreation sites, trails, and parks for private
or public use.
8. Proposed common areas and areas to be dedicated to public
open space.
9. The location and size of sanitary sewers, water mains,
and storm drains. Proposed slopes and approximate elevations
of sanitary sewers and storm drains shall be indicated.
Ordinance No. 28-B
Page 16
10. Typical street and lot combination sections may be required
by the City Engineer for adequate review.
(n) The name or names, addresses and telephone numbers of the
geologist or soils engineer whose services were required in the
preparation of the design of the tentative map.
(o) The source and date of existing contours.
(p) Ail lettering size shall be 1/8" minimum.
(q) Certificates for execution by the Secetary of the Planning
Commission indicating the approval of the tentative map and the
date thereof by the Planning Commission.
(r) A completed and approved negative declaration, environmental
impact report or notice of exemption conforming to the City Code
and California Environmental Quality Act shall be filed with the
tentative map. No tentative map shall be considered for approval
until all requisite environmental procedures have been completed.
(s) If the subdivider plans to develop the site in phases then the
tentative map shall indicate the proposed phases and their sequence
of development in bold letters diagonally situated to be readily
discernable from any other words or notations on the map.
(t) The Community Development Director may waive any of the foregoing
tentative map requirements whenever he finds that the type of
subdivision is such as not to necessitate compliance with these
requirements, or that other circumstances justify such waiver. The
Community Development Director may require other such drawings,
data, or other information as deemed necessary.
1.401.3 Accompanying Data and Reports. The Tentative Map shall be
accompanied by the following data or reports:
(a) Soils Report A preliminary soils report prepared in accordance
with the City's Grading Ordinance shall be submitted. If the preliminary
soils report indicates the presence of critically expansive soils
or other soil problems which, if not corrected, would lead to
structural defects, the soils report accompanying the final map
shall contain an investigation of each lot within the subdivision.
The City Engineer may waive a preliminary soils report if he shall
determine that:
(1) Due to the knowledge the City has as to the soil qualities
of the soils of the subdivision, no preliminary analysis is
required.
(2) If the preliminary soils report indicates the presence of
critically expansive soils or other soil problems which, if
not corrected, would lead to structural defects, the City
Engineer may require a soils investigation on each lot in the
proposed subdivision.
(3) Ail soils investigations which are required shall be done
by a civil engineer, registered in the State, who shall recommend
the corrective action which is likely to prevent structural
damage to each structure proposed to be constructed in the
area where such soil problems exist.
(4) Perculations tests for private disposal system shall be
approved by Santa Ana Regional Quality Control Board, San
Bernardino County Environmental Health Services, and the CCWD.
Such approval, denial or conditional approval, shall be noticed
by a report to the Community Development Director and will
become part of the tentative approval.
Page 1 7
(b) Title Report A preliminary title report, prepared within 3
months prior to filing the Tentative Map.
(c) En~ineerin8 Geology and/or Seismic Safety Report If the
subdivision lies within special geologic hazard impact area, as
shown on maps on file in the Com~nunity Development Department, a
preliminary engineering geology and/or seismic safety report,
prepared in accordance with guidelines established by the Community
Development Department. If the preliminary engineering geology
and/or seismic safety report indicates the presence of geologic
hazards or seismic hazards which, if not corrected, would lead to
structural defects, an engineering geology and/or seismic safety
report shall accompany the final map and shall contain an investigation
of each lot within the subdivision.
(d) School Site The subdivider shall obtain from the school
districts involved their intention, in writing, concerning the
necessity for a school site, if any, within the subdivision and
shall present this information to the Community Development Director
prior to the consideration of the tentative map by the Planning
Commission.
(e) Environmental Impact Assessment. No tentative map filed
pursuant to the provisions of this chapter shall be approved until
the subdivision is found exempt or an initial study is completed
and a negative declaration or environmental impact report, as
appropriate, is prepared, processed and considered in accordance
with the provisions of the California Environmental Quality Act.
The subdivider shall provide such additional data and information
and deposit and pay such fees as may be required for the preparation
and processing of environmental review documents.
(f) The design of a subdivision for which a tentative map is
required shall provide, to the extent feasible, for future passive
or natural heating or cooling opportunities in the subdivision.
Examples of passive or natural heating opportunities in subdivision
design, include design of lot size and configuration to permit
orientation of a structure in an east-west alignment for southern
exposure.
Examples of passive or natural cooling opportunities in subdivision
design include design of lot size and configuration to permit
orientation of a structure to take advantage of shade or prevailing
breezes.
In providing for future passive or natural heating or cooling
opportunities in the design of a subdivision, consideration shall
be given to local climate, to contour, to configuration of the
parcel to be divided, and to other design and improvement requirements,
and such provision shall not result in reducing allowable densities
or the percentage of a lot which may be occupied by a building or
structure under applicable planning and zoning in force at the time
the tentative map is filed.
(g) Other Reports Any other data or reports deemed necessary by
the Community Development Director.
Paragraphs (a), (c), (d) and (f) shall not apply to condominium conversions.
1.401.4 Submittal Information for Growth Manasement Plan Consistency
Tentative Maps submitted as "total development" rather than "Tract Subdivision"
as defined in Ordinance 86. (Growth Management Plan) shall in addition
to the material required by section 1.401 and section 1.401.3 submit the
following material pursuant to Ordinance 86:
Ord ±nanca~ ¥o.
(a) An illustrative Site Plan to include proposed and existing
improvements, landscape concepts and other elements as may be
necessary to illustrate the site plan.
(b) A Preliminary Architectural Plan showing typicals of all sides
of proposed buildings and structures indicating materials to be
used, trees, landscaping, and shadows to give elevations graphic
dimension.
(c) Development schedule of anticipated proposed project including
phasing.
1.401.5 Submittal to Cormnunity Development Department. The Tentative
Map shall be considered for filing only when such map conforms to
Section 1.401.2 form and contents and when all accompanying data or
reports, as required by Section 1.401.3 and 1.401.4 if applicable, have
been submitted and accepted by the Community Development Director.
The Subdivider shall file with the Community Development Department the
number of Tentative Maps the Director may deem necessary.
1.401.6 Community Development Department Review and Development Review
Committee. The Community Development Department shall forward
copies of the Tentative Map to the affected public agencies and the
Development Review Committee which may, in turn, forward to the Cormmunity
Development Department their findings and recommendations thereon. The
City Engineer and City Planner shall review the tentative tract map to
determine if it conforms with all the applicable provisions herein set
forth and the Subdivision Map Act. The City Engineer and City Planner
shall inspect the site of the proposed subdivision and shall conduct
such further investigations as he shall deem necessary. The City Engineer
and City Planner shall prepare a report on the tentative tract map which
report shall be forwarded to the Community Development Director and
shall contain, but need not be limited to, the following:
(a) A statement that all the information required to be shown on a
tentative tract map is shown thereon or, alternatively, an itemization
of those items required to be shown which are not shown thereon.
(b) A statement as to whether or not the tentative tract map
provides for proper grading and erosion control, including the
prevention of sedimentation or damages to off-site property.
(c) An environmental assessment prepared in accordance with the
guidelines for the implementation of the Environmental Quality Act
of the State.
(d) A determination as to whether the preliminary soils report
referred to in Section 66490 of the Government Code should be
required or waived and the reasons for such recommendation.
(e) A statement as to whether or not a discharge of waste from the
proposed subdivision into an existing community sewer system would
result in the violation of the existing requirements prescribed by
any Regional Water Quality Control Board of the State having jurisdiction
over the area of the proposed subdivision, if it is proposed that
the subdivision shall discharge waste into such existing community
sewer system.
(f) Conformance of the map with applicable General, or specific
plans for recommended dedications.
(g) The design of the subdivision meets the standards and criteria
set forth in city ordinances for recommended improvements; and,
(h) Recommended conditions of approval.
Ordinance No.
Page 19
1.401.7 Design Review Committee. Ail information required by section
1.401.4 pursuant to Ordinance 86 (Growth Management Plan) shall be
reviewed by the Design Review Committee for comment and recommendation
to the Planning Commission.
1.401.8 Industrial Commercial Subdivisions. Subdivisions of land that
are zoned for either Industrial or commercial uses may (if qualified
under Section 66426 of State Map Act) file a Parcel Map for Subdividing
purposes, regardless of the number of lots. Such subdivisions of 5 or
more parcels shall conform to the requirements of this article for
tentative and Final Maps.
Ail such subdivisions will be subject to construction of all proposed
internal streets, as shown on the approved Tentative Map. Peripheral
streets shall be constructed, to city standards, as may be deemed necessary,
by the Planning Commission, for Public health and safety or orderly
development; or, may be a requirement of building permit issuance or
other future grants of approval for individual lots.
1.401.9 Plannin~ Commission Action
1.401.9.1 General. Upon having accepted the Tentative Map for
filing, and after completing department review of the same, and
receipt of recommendation the Development Review Committee and
Design Review Committee, the Community Development Director shall
schedule the Tentative Map for review by the Planning Commission.
Upon receipt of the Community Development Director's report and
recommendations, the Planning Commission shall hold a hearing, to
consider the Tentative Map for approval, conditional approval, or
denial. Such hearing shall noticed by publication at least once,
10 days before the hearing date in The Daily Report of Ontario,
California, a newspaper of General Circulation in the City of
Rancho Cucamonga, California. The Community Development Director
shall cause any report(s) or recommendation(s), on the tentative
map, by the staff of the City to the Planning Commission shall be
in writing and a copy thereof served on the subdivider at least 3
(three) days prior to any hearing or action on such map by the
Planning Commission.
The Planning Commission shall approve, conditionally approve or
deny the Tentative Map within fifty (50) days after the Tentative
Map has been accepted for filing.
1.401.9.2 Approval. In approving or conditionally approving
Residential Tentative Subdivision Maps, the Planning Commission
shall find that the proposed subdivision, together with its provisions
for its design and improvements, is consistent with applicable
general, specific plans, or planned communities adopted by the City
of Rancho Cucamonga.
The Planning Commission may modify or delete any of the conditions
of approval recommended in the Community Development Director's
report, except conditions required by City ordinance or by the City
Engineer, related to public health and safety or standards approved
by the City Engineer, or add additional requirements as a condition
of its approval.
As a condition precedent to the approval of a tentative map, the
Planning Commission may require the subdivider to:
(a) (Dwellin~ Units: Health and Safety Items.)...incorporate
into each dwelling unit such items as it deems necessary for
the health and safety of the occupants thereof. Such items
may include, but need not be limited to, the following:
Ordinance No. 28-B
Page 20
(1) Fireplace chimney spark arresters;
(2) Noise insulation; and,
(3) Filtered air-conditioning.
(b) (Zonin~.)...secure a change of zone to the most restrictive
zone in which the proposed use is permitted.
(c) (Notices to Department of Real Estate.)...advise the
Department of Real Estate of the State of any matter which the
Advisory Agency believes should be included in the public
report to be issued by said Department with respect to the
subdivision.
(d) (Maintenance of Landscapin8 and Irri~ation Systems:
Assessment Districts.)...maintain, at his own expense, all
landscaping.and irrigation systems within a proposed assessment
district until such time as the first assessment for the
assessment district is placed on the County assessment roll.
(e) (Demolition.)...demolish or remove, at the subdivider's
expense, of any structure located wholly or in part within the
right-of-way of a master planned street or proposed new street.
(f) (Assesment Districts.)...agree to the format'ion of an
assessment district or districts under the Landscaping and
Lighting Act of 1972 or such other Districts as the City may
require.
If no action is taken by the Planning Commission within the time
limit as specified, the Tentative Map as filed shall be deemed to
be approved, insofar as it complies with other applicable provisions
of the State Subdivision Map Act, this chapter and other City
ordinances, and it shall be the duty of the City Clerk to certify
the approval.
1.401.9.3 Denial. The Tentative Subdivision Map may be denied by
the Planning Commission on any of the grounds provided by City
ordinances or the State Subdivision Map Act. Or if it finds that
the proposed waste discharge from the subdivision would result in
or add to violations of the requirements of any Regional Water
Quality Board of the State having jurisdiction of the area in which
the subdivision is located.
The Planning Co~mission shall deny approval of the Tentative Map if
it makes any of the following findings:
(a) That the proposed map is not consistent with applicable
general and specific plans.
(b) That the design or improvement of the proposed subdivision
is not consistent with applicable general and specific plans.
(c) That the site is not physically suitable for the type of
development.
(d) That the site is not physically suitable for the proposed
density of development.
(e) That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat.
Ordinance No. 28-B
Page 21
(f) That the design of the subdivision or the type of improvements
is likely to cause serious public health problems.
(g) That the design of the subdivision or the type of improvements
will conflict with easements, acquired by the public at large,
for access through or use of, property within the proposed
subdivision. In this connection, the governing body may
approve a map if it finds that alternate easements, for access
or for use, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This
subsection shall apply only to easements of record or to
easements established by judgment of a court of competent
jurisdiction and no authority is hereby granted to a legislative
body to determine that the public at large has acquired easements
for access through or use of property within the proposed
subdivision.
1.401.9.4 Extension of Time for Planning Commission or City Council
Action. The time limits set forth above for acting on the tentative
map may be extended by mutual consent of the subdivider and the
Planning Commission or the City Council.
1.401.10 Appeals of Plannin~ Commission Action.
1.401.10.1 By Subdivider. If the subdivider disagrees with any
action by the Planning Commission with respect to the tentative
subdivision map, he may, within 15 days of such decision file an
appeal with the City Clerk. The Council shall consider the appeal
within thirty (30) days unless the subdivider consents to a continuance.
This appeal shall be a hearing with notice to the subdivider and
the Planning Commission, and upon conclusion of the hearing, the
Council shall, within ten (10) days, declare its findings. The
Council may sustain, modify, reject or overrule any recommendations
or rulings of the Planning Commission and may make such findings as
are not inconsistent with the provisions of this chapter or the
State Subdivision Map Act.
1.401.10.2 By Interested Persons. Any member of City Council or
City Staff or any interested person affected by a decision of the
Planning Commission, may file a complaint with the City Council
concerning such decision. Any such complaint shall be filed with
the City Clerk within fifteen (15) days after the action which is
the subject of the complaint. No complaint shall be considered
after the fifteen (15) day period. The City Council shall set the
matter for hearing. The hearing shall be held within 30 days after
the filing of the complaint pursuant to the procedures contained in
Section 1.401.10.1, with additional notice being given to the
affected interested persons.
Upon conclusion of the hearing the City Council shall, within seven
(7) days, declare its findings based upon the testimony and documents
produced before it. It may sustain, modify, reject or overrule any
recommendations or rulings of the Planning Commission and may make
such findings as are not inconsistent with the provisions of this
ordinance.
1.401.10.3 For General Plan and Specific Plan Conformity. Any
interested person may appeal any decision of the Planning Commission
relative to conformity to the General Plan or any specific plan of
the City to the City Council within 15 days of approval or conditional
approval. Such appeal and hearing thereon shall be in accordance
with Section 1.401.10.1 of this chapter.
Ord£nanc~ No. 28-B
Page 22
1.401.11 Expiration and Extensions.
1.401.11.1 Expiration. The approval or conditional approval of a
tentative subdivision map shall expire 18 months from the date of
the adoption of the Resolution by the Planning Commission approving
or conditionally approving the map. An extension to the expiration
date may be approved as provided in Section 1.401.11.2 (b).
Expiration of an approved or conditionally approved tentative map
shall terminate all proceedings and no final map or parcel of all
or any portion of the real property included within such tentative
map shall be filed without first processing a new tentative map.
1.401.11.2 Extensions.
(a) Request by Subdivider. The subdivider or his representative
may request an extension of the expiration date of the approved or
conditionally approved tentative subdivision map by written application
to the Community Development Department. The application shall be
filed not less than sixty (60) days before the map is to expire,
and shall state the reasons for requesting the extension.
(b) Planning Commission Action. The Community Development Director
shall review the request and submit the application for the extension,
together with his report, to the Planning Commission for approval,
conditional approval or denial. The resolution adopted by the
Planning Commission approving or conditionally approving an extension
shall specify the new expiration date of the tentative subdivision
map.
(c) Time Limit of Extension. The approved extension shall not
exceed up to an additional 24 months. The approved new expiration
date shall not extend more than three and one-half years beyond the
date of the resolution adopted by the Planning Commission approving
or conditionally approving the tentative subdivision map.
(d) Conditions of Approval. As a condition of the extension of a
Tentative Subdivision Map, the Planning Commission may impose new
conditions or revise existing conditions on the approved tentative
map as recommended by the Community Development Director in his
report or as it may find necessary. The Commission shall follow
all Public Hearing notice requirements of the State Subdivision Map
Act.
(e) Appeal of Conditions of Extension. The subdivider may appeal
any action of the Planning Commission on the extension to the City
Council within fifteen (15) days of such action in conformance to
Section 1.401.11.1 of this chapter.
(f) Fee. The fee for processing an extension shall be pursuant to
the City's master fee resolution.
1.401.12 Amendments to Approved Tentative Map.
Minor changes in the tentative map may be approved by the Community
Development Department, upon application by the subdivider provide that:
(a) No lots, units or building sites are added
(b) Such changes are consistent with the intent and spirit of the
original tentative map approval.
(c) There are no resulting violations of Ordinances or Resolutions
of the City.
Any revision shall be approved by the City Planner and the City Engineer.
The amendment shall be indicated on the approved map and certified by
the City Planner and the City Engineer.
Amendments of the tentative map other than minor shall be presented to
the Planning Con~ission for approval. Processing shall be in accordance
with Sections 1.401.6 and 1.401.9.
Any approved amendment shall not alter the expiration date of the tentative
map.
Section 1.402. Final Maps
1.402.1 General. The form, contents, accompanying data, and
filing of the Final Map shall conform to the provisions of this
Article.
The Final Map shall be prepared by or under the direction of a
registered Civil Engineer or licensed Land Surveyor.
1.402.2 Survey and Monuments.
(a) Survey Required. An accurate and complete survey of the
land to be subdivided shall be made by a registered civil
engineer or licensed land surveyor. All monuments, property
lines, center lines of streets, alleys and easements adjoining
or within the subdivision shall be tied into the survey. The
allowable error of closure on any portion of the final map
shall not exceed 5/10,000 for field closures and 2/10,000 for
calculated closures.
(b) Monuments Required. At the time of making the survey for
the final map, the engineer or surveyor shall set sufficient
durable monuments to conform with the standards described in
Section 8771 of the Business and Professions Code so that
another engineer or surveyor may readily retrace the survey.
At least one exterior boundary line shall be monumented prior
to recording the final map. Other monuments shall be set as
required by the City Engineer.
1.402.2.1 Monument Security. Security for the cost of selling
parcel monuments shall be the estimated cost there of as determined
by the City Engineer. Release of such security shall be in accordance
with the Map Act after tie notes for said monuments have been
approved by the City Engineer.
1.402.3 Form. The form of the final map shall conform to the
Subdivision Map Act and as provided herein.
The final map shall be legibly drawn, printed or reproduced by a
process guaranteeing a permanent record in black on tracing cloth
or polyester base film. Certificates, affidavits and acknowledgements
may be legibly stamped or printed upon the map with opaque ink. If
ink is used on polyester base film the ink surface shall be coated
with a suitable substance to assure permanent legibility.
The size of each sheet shall be 18" x 26". A marginal line shall
be drawn completely around each sheet, leaving an entirely blank
margin of one inch. The scale of the map shall be not less than 1"
= 100' or as may be necessary 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. When four or more sheets
including the certificate sheet are used, a key sheet will be
included.
All printing or lettering on the map shall be of one-eighth inch
minimum height and of such shape and weight as to be readily legible
on prints and other reproductions made from the original drawings.
The final form of the final map shall be as approved by the City
Engineer.
1.402.4 Contents. The contents of the final map shall conform to
the Subdivision Map Act and as provided herein.
(a) Boundary. The boundary of the subdivision shall be
designated by a heavy line applied with ink in such a manner
as not to obliterate figures or other data and large enough to
be destinguishable from other lines on the Map.
(b) Title. Each sheet shall have a title showing the subdivision
number and name and the location of the property being subdivided
with reference to maps which have been previously recorded, or
by reference to the plat of a United States Survey. The
following words whall appear in the title, "In the City of
Rancho Cucamonga".
(c) Certificates. The following certificates shall appear
only once on the cover sheet.
(1) Owners Certificate. A notarized certificate,
signed and acknowledged by all parties having any record
title interest in the real property subdivided, consenting
to the preparation and recordation of the final map is
required, except as follows:
(a) Neither a lien for state, county, municipal or
local taxes, nor for special assessments, nor a
trust interest under bond indentures, nor mechanics
liens constitute a record title interest in land for
the purpose of this ordinance.
(b) The signature of either the holder of beneficial
interests under trust deeds or the trustee under
such trust deeds, but not both, may be omitted. The
signature of either shall constitute a full and
complete subordination of the lien of the deed of
trust to the map and any interest created by the
map.
(c) Signatures of parties owning the following
types of interests may be omitted if their names and
the nature of their respective interests are stated
on the final map:
(I) Rights of way, easements or other interests
which cannot ripen into a fee, except those owned by
a public entity or public utility. If, however,the
City Council determines that division and development
of the property in the manner set forth on the final
map will not unreasonably interfere with the free
and complete exercise of the public entity or public
utility right-of-way or easement, the signature of
such public entity or public utility may be omitted.
Where such determination is to be made, the provisions
of the State Subdivision Map Act Section 66436 (c)
(1) shall apply and stay any further action on the
map until procedures specified therein are exhausted.
(II) Rights-of-way, easements or revisions, which by
reason of changed conditions, long disuse or laches
appear to be no longer of practical use or value and
signatures are impossible or impractical to obtain.
A statement of the circumstances preventing the
procurement of the signatures shall also be stated
on the map.
(III) Interests in or rights to minerals, including
but not limited to oil, gas or other hydrocarbon
substances.
(d) Real property originally patented by the United
States or by the State of California, which original
patent reserved interest to either or both of such
entities, may be included in the final map without
the consent of the United States or the State of
California thereto or to dedications made thereon.
(2) Engineer's Certificate. A certificate by the
engineer or surveyor responsible for the survey and final
map shall appear on the map. The certificate shall give
the date of the survey, state that the survey and final
map were made by or under the direction of the engineer
or surveyor, and that the survey is true and complete as
shown.
The certificate shall also state that all the monuments
are of the character and occupy the positions indicated,
or that they will be set in such positions on or before a
specified later date. The Certificate shall also state
that the monuments are, or will be, sufficient to enable
the survey to be retraced.
The certificate shall state that the map complies to the
Subdivision Map Act and the provisions of this chapter.
(3) City Engineer's Certificate. A certificate by the
City Engineer stating that the map has been examined and
that it is in accord with the tentative map and any
approved alterations thereof, complies with the Subdivision
Map Act of the State and the provisions of this chapter,
and is technically correct.
(4) Planning Commission Certificate. A certificate by
the Secretary of the Planning Commission stating that the
tentative map was approved by resolution of the Planning
Commission. The date and number of the resolution shall
appear in the certificate.
(5) City Clerk's Certificate. A certificate for execution
by the City Clerk stating the date and number of the
resolution adopted by the City Council approving the
Final Map and stating that the City Council accepted,
accepted subject to improvement, rejected, or did not
accept or reject on behalf of the public, any real property
offered for dedication for public use in conformity with
the terms of the offer of dedication
(6) Certificate of Soils Report. If a soils report is
required for the subdivision, a certification signed,
stamped and dated by a soils engineer shall appear on the
map. The certificate shall read, "A soils report for
Subdivision No. was prepared by me or under my direction
and was filed with the City on date
(7) County Recorder's Certificate. A certificate to be
executed by the County Recorder stating that the map has
been accepted for filing. That the map has been examined
and that it complies with the provisions of State laws
and local ordinances governing the filing of Final Maps.
The certificate shall show who requested the filing of
the map, the time and date the map was filed and the book
and page where the map was filed.
(8) County Clerk's Certificate. A certificate to be
executed by the County Clerk stating that all taxes due,
have been paid or that a tax bond assuring the payment of
all taxes which are a lien but not yet payable has been
filed with the County.
(d) Scale~ North Point~ and Basis of Bearings. There must
appear on each map sheet the scale, the north point, and the
basis of bearings based, and the equation of the bearing to
true north. The basis of bearings shall be approved by the
City Engineer.
(e) Linear, An~ular, and Radial Data. Sufficient linear,
angular, and radial data shall be shown to determine the
bearings and lengths of monument lines, street centerlines,
the boundary lines of the subdivision and of the boundary
lines of every lot and parcel which is a part thereof.
Length, radius, and total central angle or radial bearings of
all curves shall be shown. Ditto marks shall not be used in
the dimensions and data shown on the map where duplicate data
is being expressed.
(f) Monuments. The location and description of all existing
and proposed monuments shall be shown. Standard City monuments
shall be set at (or from offsets as approved by the City
Engineer) the following locations:
(1) The intersection of street centerlines.
(2) Beginning and end of curves in centerlines.
(3) At other locations as may be required by the City
Engineer.
(g) Lot Numbers. Lot numbers shall begin with the number 1
in each subdivision and shall continue consecutively with no
omissions or duplications except where contiguous lands, under
the same ownership, are being subdivided in successive units,
in which event lot numbers may begin with the next consecutive
number following the last number in the preceding unit. Each
lot shall be shown entirely on one sheet of the final map,
unless approved by the City Engineer.
(h) Adjoinin~ Properties. The adjoining corners of all
adjoining subdivisions shall be identified by subdivision
number, or name when not identified by official number, and
reference to the book and page of the filed map showing such
subdivision; and if no such subdivision is adjacent, then by
the name of the owner and reference to the recorded deed by
book page number for the last recorded owner of such adjacent
property.
(i) City Boundaries. City boundaries which cross or join the
subdivision shall be clearly designated.
Ordinance No. 28-B
Page 27
(j) Street Names. The names of all streets, alleys, or
highways within or adjoining the subdivision shall be shown.
(k) Easements. Easements for roads or streets, paths, storm
water drainage, sanitary sewers, or other public use as may be
required, shall be offered for dedication to the public for
acceptance by the City or other public agency, and the use
shall be specified on the map. If at the time the final map
is approved, any streets, paths, alleys, or storm drainage
easements are not accepted by the City Council, the offer of
dedication shall remain open and the City Council may by
resolution at any later date accept and open the streets,
paths, alleys, or storm drainage easements for public use,
which acceptance shall be recorded in the office of the
County Recorder.
Ail easements of record shall be shown on the map, together
with the name of the grantee and sufficient recording data to
identify the conveyance, e.g., recorder's serial number and
date, or book and page of official records.
Easements not disclosed by the records in the office of the
County Recorder and found by the surveyor or engineer to be
existing, shall be specifically designated on the map, identifying
the apparent dominant tenements for which the easement was
created.
The sidelines of all easements of record shall be dashed lines
on the final map with the widths, lengths and bearings of
record. The width and location of all easements shall be
approved by the City Engineer.
1.402.5 Submittal for City Approval
1.402.5.1 Preliminary Submittal. The subdivider shall submit
three sets of prints of the final map to the City Engineer for
checking. The preliminary prints shall be accompanied by two
copies of the following data, plans, reports and documents in a
form as approved by the City Engineer.
(a) Improvement Plans. Improvement plans as required by
Section 1.706 of this chapter.
(b) Soils Report. A soils report prepared in accordance with
guidelines established by the City Engineer.
(c) Title Report. A title report prepared within 3 months
prior to submittal of the Final Map.
(d) Improvement Bond Estimate. The improvement bond estimate
shall include all improvements within public rights of way,
easements, or common areas and utility trench backfill as
provided by the developer, except for those utility facilities
installed by a utility company under the jurisdiction of the
CPUC.
(e) Deeds for easements or rights of way. Deed for easements
or rights of way required for road or drainage purposes which
have not been dedicated on the final map. Written evidence
acceptable to the City in the form or rights of entry or
permanent easements across private property outside of the
subdivision permitting or granting access to perform necessary
construction work and permitting the maintenance of the facility.
Pa~;e 28
(f) Joint Use of Right of Way Agreement. Agreements,
acceptable to the City, executed by all owners of all utility
and other easements within the proposed rights of way, consenting
to the dedication of the road or consenting to the joint use
of the right of way, as may be required by the City for public
use and convenience of the road shall be required. These
owners shall join in the dedication and subordinate their
rights to the right of the public in the road.
(g) Traverse Closures. Traverse closures for the Boundary
Blocks, Lots, Easements, street centerlines and monument
lines.
The error of field closures in the traverse around the subdivision
and around the interior lots or blocks shall not exceed two
parts in Ten Thousand (2/10,000).
(h) Hydrology and hydraulic Calculations. Complete hydrology
and hydraulic calculations of all storm drains.
(i) Organization Documents CC & R's. The submittal of the
final map or parcel map shall include the proposed Declaration
of Covenants and all other organizational documents for the
subdivision in a form as prescribed by Section 1355 of the
Civil Code of the State of California. Ail documents shall be
subject to review by the Community Development Director and
City Attorney.
(j) Letter of Certification-School District. Pursuant to
Ordinance 86 (Growth Mmnagement Ordinance) the applicant shall
submit to the Community Development Director written certification
from all affected elementary and High School Districts that
adequate school facilities are or will be capable of accommodating
students generated by the proposed project.
(k) Letter of Certification-Sewer & Water Agencies. Pursuant
to Ordinance 86 (Growth Management Ordinance) the applicant
shall submit to the Community Development Director written
certification from the affected water district that adequate
sewer and water facilities are or will be available to serve
the proposed project. For projects using septic facilities
allowable by the Santa Ana Regional Water Quality Control
Board and the City, written certification of acceptability
including all supportive information shall be obtained and
submitted to the City.
(1) Any additional data, reports, or information as required
by the City Engineer.
1.402.5.2 Return to Subdivider's Engineer for Corrections. Upon
completing the preliminary check the City Engineer or authorized
Plan Checker shall note the required corrections on the preliminary
prints, reports, and data and return one set to the subdividers
engineer for revision.
1.402.5.3 Resubmittal. The subdivider's engineer shall submit two
sets of the revised map, reports and data to the City Engineer or
authorized Plan Checker. After checking the revisions, one set
shall be returned to the subdivider's engineer marked approved as
submitted, approved when corrected as noted or revise and resubmit.
1.402.5.4 Approval by the City Engineer. Upon receipt of an
approved print, the subdivider shall submit the original tracing of
the revised map; prepared in accordance with the subdivision map
act and this chapter and corrected to its final form, and signed by
all parties required by the Map Act and this chapter to execute the
certificates on the map, to the City Engineer.
Ordinance No. 28-B
Page 29
The City Engineer and Co~anunity Development Director shall sign the
appropriate certificates and transmit the original to the City
Clerk.
1.402.5.5 Approval by City Council. The final map together with
the subdivision improvement agreement, shall be placed on the
Council Agenda for their approval. The City Council shall consider
the final map for approval within ten (10) days after filing with
the City Clerk, or at its next regular meeting at which it receives
the map, whichever is later. The City Council shall have approved
the subdivision improvement agreement before approving the final
map.
If the subdivision improvement agreement and final map are approved
by the City Council, it shall instruct the Mayor to execute the
agreement on behalf of the City. If the subdivision improvement
agreement and/or final map is unacceptable, the Council shall make
their recommended corrections, instruct the City Engineer to draft
a new agreement and/or revise the final map and defer approval
until an acceptable agreement and/or final map has been resubmitted.
1.402.5.6 Denial by the City Council. The City Council shall deny
approval of the final map upon making any of the findings contained
in Section 1.401.9.3 of this chapter.
The City Council shall not deny approval of the final map if it
finds that the final map is in substantial compliance with the
previously approved tentative map.
1.402.5.7 Filin~ with the County Recorder. Upon approval of the
final map by the City Council and receipt of the improvement security
by the City Engineer, the City Clerk shall execute the appropriate
certificate on the certificate sheet and forward the map, or have
the Title Company forward the map, to the Clerk of the County Board
of Supervisors for transmittal to the County Recorder.
1.402.5.8 Submittal by Units. The subdivider may elect to submit
a final map for all or part of the approved tentative map in the
sequence of units approved by the Planning Commission. Each final
map which constitutes a part, or unit, of the approved tentative
map shall have a separate subdivision number. The subdivision
improvement agreement to be executed by the Subdivider shall
provide for the construction of such improvements as may be required
to constitute a logical and orderly development of the whole subdivision
by units.
Pa~;e 30
ARTICLE 5. SUBDIVISION MAPS
(4 OR LESS PARCELS)
Section 1.501 Tentative Parcel Map
Section 1.502 Parcel Maps
Page
ARTICLE 5. SUBDIVISION MAPS
(4 OR LESS PARCELS)
Section 1.501 Tentative Parcel Map
1.501.1 General. The form and contents, submittal and approval of
Tentative Parcel Maps shall conform to the provisions of this
section. The Tentative Parcel Map shall be prepared by a registered
civil engineer or licensed land surveyor.
1.501.2 Form. The Tentative Map shall be clearly and legibly
drawn on one or more sheets 18" x 26" in size. The scale shall be
as approved by the City Engineer and all lettering shall be 1/8"
minimum in height. The final form shall be as approved by the City
Engineer.
1.501.3 Content. The Tentative Parcel Map shall show the following
information:
(a) Name, addresses and telephone numbers of legal owner, subdivider,
and the person preparing the map (including registration number).
(b) Assessors parcel number.
(c) Date prepared, north arrow, scale and contour interval.
(d) Existing and proposed land use.
(e) Ownership. In any case where under the provisions of Government
Code Section 66445 (f), the subdivider alone may sign and acknowledge
the certificate and the subdivider does not have a record title
ownership interest ip e property to be divided, the subdivider
shall provide the Ci~' ~ith satisfactory evidence that the persons
with record title ownership have consented to the proposed division.
(f) A vicinity map, sufficient to show the relation to the local
community. (Minimum Scale i" = 1000')
(g) Existing topography of the site and at least 100 feet from its
boundary including but not limited to:
1. Existing contours at 2 ft. intervals if the existing
ground slope is less than 10 percent and not less than 5 ft.
intervals for existing ground slopes greater than or equal to
10 percent. Existing contours shall be represented by screened
or dashed lines.
2. Type and circumference, and dripline of existing trees as
defined by Ordinance 37. (Presentation of Trees on Private
Property) Any trees proposed to be removed shall be so indicated.
3. The approximate location and outline of existing structures
identified by type. Structures to be removed shall be so
marked.
4. The location, width and direction of flow of each water
course.
5. The location, pavement and right-of-way width, grade and
name of existing streets or highways.
6. Location and type of street improvements.
7. The location, size and slope of existing storm drains.
?age 32
8. The location, width and identity of existing easements.
9. Any obstructions within five feet (5') of any existing
parcel line or proposed lot line;
10. Any significant topographical feature inside the boundary
or within i00 feet of the boundary lines of the parcels,
including water and drainage courses, railroad lines, and the
like.
(h) Proposed improvements to be shown shall include but not be
limited to:
1. The location, grade, centerline radius, and arc length of
curves, pavement and right of way width, and direction of flow
by arrows. Typical sections of all streets shall be shown.
2. The ' ~cation and radius of all curb returns and cul-de-
sacs.
3. The location, width, and purpose of all easements.
4. The angle of intersecting streets if such angle deviates
from a right angle by more than four degrees.
5. The approximate lot layout and the approximate dimensions
of each lot and of each building site. Engineering data shall
show the approximate finished grading of each lot, the preliminary
design of ali grading, the elevation of proposed building
pads, the top and toe of cut and fill slopes to scale and the
number of each lot. Shading of all cut and fill slopes in
excess of 5 vertical feet.
6. A grading plan with proposed contours at 2 ft. intervals
shall be shown if the existing ground slope is less than five
percent and not at less than 5 ft. intervals for existing
ground slopes greater than or equal to 5 percent. A separate
grading plan may be submitted.
7. Proposed recreation sites, trails, and parks for private
or public use.
8. Proposed common areas and areas to be dedicated to public
open space.
9. The location and size of sanitary sewers, water mains,
and storm drains. Proposed slopes and approximate elevations
of sanitary sewers and storm drains shall be indicated.
10. Typical street and lot combination sections may be required
by the City Engineer for adequate review.
(i) If the site is to be graded, proposed contours shall be shown
or an approved grading plan submitted.
(j) The name or names, addresses and telephone numbers of any
geologist or soils engineer whose services were required in the
preparation of the design of the tentative map.
(k) The source and date of existing contours.
(1) Certificates for execution by the Secretary of the Planning
Co,~nission indicating the approval of the tentative map and the
date thereof by the Planning Commission.
(m) A completed and approved negative declaration, environmental
impact report or notice of exemption conforming to the City Code
and California Environmental Quality Act shall be filed with the
tentative map. No tentative map shall be considered for approval
until all requisite environmental procedures have been completed.
(n) A preliminary report of title showing the current vested
owner.
(o) A soils and/or engineering geology report may be required by
the City Engineer.
(p) The zoning of the area shown on the map. If the area is
situated in more than one zone, zone boundaries shall be shovzn.
(q) The area of the parcels shown in acres or square feet.
(r) The area of each lot shown in acres or square feet.
(s) Each lot shall be designated consecutively by number.
(t) Engineering Geology and/or Seismic Safety Report. If the
subdivision lies within a special geologic hazard impact area, as
shown on maps on file in the Community Development Department, a
preliminary engineering geology and/or seismic safety report,
prepared in accordance with guidelines established by the Cor~nunity
Development Department. If the preliminary engineering geology
and/or seismic safety report indicates the presence of geologic
hazards or seismic hazards which, if not corrected, would lead to
structural defects, an engineering geology and/or seismic safety
report shall accompany the final map and shall contain an investigation
of each lot within the subdivision.
(u) School Site. The subdivider shall obtain from the school
districts involved, their intention, in writing, concerning the
necessity for a school site, if any, within the subdivision and
shall present this information to the Cor~aission.
(v) Environmental Impact Assessment. No tentative map filed
pursuant to the provisions of this chapter shall be approved until
the subdivision is found exempt or an initial study is completed
and a negative declaration or environmental impact report, as
appropriate, is prepared, processed and considered in accordance
with the provisions of the California Environmental Quality Act.
The subdivider shall provide such additional data and information
and deposit and pay such fees as may be required for the preparation
and processing of environmental review documents.
The Coranunity Development Director may waive any of the foregoing
requirements upon finding that the location or nature of the
proposed subdivision is such as not to necessitate compliance with
these requirements; or may require additional information as deemed
necessary.
1.501.4 Submittal to Co~nunity Development Department. The Tentative
Map shall be considered for filing only when such map conforms to
Section 1.401.2 form and contents and when ali accompany data or
reports, as required by Section 1.401.3 and 1.401.4 if applicable,
have been submitted and accepted by the Community Development
Director.
The subdivider shall file with the Community Development Department
the number of Tentative Maps the Director may deem necessary.
Page
1.501.5 Community Development Department Review and Development
Review Co~m~ittee. The Community Development Department shall
forward copies of the Tentative Map to the affected public agencies
and the Development Review Co~nittee which may, in turn, forward to
the Co~nunity Development Department their findings and recommendations
thereon.
1.501.6 Plannin~ Con~nission Action. Approval and denial shall be
pursuant to Section 1.401.9 of this Ordinance.
The City Engineer shall review the tentative parcel map to determine
if it conforms with all the applicable provisions herein set forth
and the Subdivision Map Act. The City Engineer and City Planner
shall inspect the site of the proposed subdivision and shall conduct
such further investigations as he shall deem necessary. The City
Engineer and City Planner shall prepare a report on the tentative
parcel map which report shall contain, but need not be limited to,
the following:
(a) A statement that all the information required to be shown on a
tentative parcel map is shown thereon or, alternatively, an itemization
of those items required to be shown which are not shown thereon;
(b) A statement as to whether or not the tentative parcel map
provides for proper grading and erosion control, including the
prevention of sedimentation or damages to off-site property;
(c) An environmental assessment prepared in accordance with the
guidelines for the implementation of the Environmental Quality Act
of the State;
(d) A determination as to whether the preliminary soils report
referred to in Section 66490 of the Government Code should be
required or waived and the reasons for such recommendation;
(e) A statement as to whether or not a discharge of waste from the
proposed subdivision into an existing community sewer system would
result in the violation of the existing requirements prescribed by
any Regional Water Quality Control Board of the State having jurisdiction
over the area of the proposed subdivision, if it is proposed that
the subdivision shall discharge waste into such existing community
sewer system;
(f) Conformance of the map with applicable General, or specific
plans;
(g) The design of the Subdivision meets the standards and criteria
set forth in the City Ordinance;
(h) The recommended dedications;
(i) The recommended improvements; and,
(j) Other recommended conditions of approval.
These requirements shall be in accordance with the provisions of
this chapter. The subdivider or his engineer shall be notified in
writing of all the conditions imposed, at least 3 days prior to the
public hearing, for tentative approval, by the Planning Commission.
1.501.7 Appeals of Plannin~ Commission Action.
Page 35
1.501.7.1 By Subdivider. If the subdivider disagrees with any
action by the Planning Commission with respect to the tentative
map, he may, within fifteen (15) days of the receipt of such decision,
appeal such action to the City Council in accordance with Section
1.401.10.1.
1.501.7.2 By Interested Persons Adversely Affected. Any interested
person adversely affected by a decision of the Planning Commission
with respect to the Tentative Parcel Map may, within 15 days of
such decision, file an appeal with the City Clerk in accordance
with Section 1.401.10.2.
1.501.8 Expiration and Extensions.
1.501.8.1 Expiration. The approval or conditional approval of the
tentative parcel map shall expire 18 months from the date of adoption
of the Resolution by the Planning Co~ission approving or conditionally
approving the map. The expiration of the approved or conditionally
approved tentative parcel map shall terminate all proceedings and
no parcel map of all or any portion of the real property included
within such tentative parcel map shall be filed without first
processing a new tentative parcel map.
1.501.8.2 Extensions.
(a) ReQuest by Subdivider. The subdivider or his representative
may request an extension of the expiration date of the approved or
conditionally approved tentative map by written application to the
Community Development Director. The application shall be filed not
less than sixty (60) days prior to the expiration date and shall
state the reasons for requesting the extension.
(b) Planning Commission Action. The Community Development Director
shall review the request and submit the application for the extension,
together with his report, to the Planning Commission for approval,
conditional approval or denial. The resolution adopted by the
Planning Commission approving or conditionally approving an extension
shall specify the new expiration date of the tentative subdivision
map.
(c) Time Limit of Extension. The approved extension shall not
exceed up to an additional 24 months. The approved new expiration
date shall not extend more than three and one-half years beyond the
date of the resolution adopted by the Planning Commission approving
or conditionally approving the tentative subdivision map.
(d) Conditions of Approval. As a condition of the extension of a
Tentative Subdivision Map, the Planning Commission may impose new
conditions or revise existing conditions on the approved tentative
map as recommended by the Com~nunity Development Director in his
report or as it may find necessary.
(e) Appeal of Conditions of Extension. The subdivider may appeal
any action of the Planning Commission on the extension to the City
Council within fifteen(15) days of such action in conformance to
Section 1.401.10.1 of this chapter.
(f) Fee. The fee for processing an extension shall be pursuant to
the City's master fee resolution
1.501.9 Amendments to the Approved Tentative Parcel Map
Minor Amendments to the tentative parcel map may be approved by the
Community Development Department, upon application by the subdivider
provided:
(a) No lots, units or building sites are added.
(b) Such changes are consistent with the intent of the original
tentative map approval.
(c) There are no resulting violations of the City ordinances or
resolutions.
Any revision shall be approved by the City Planner and City Engineer
or his authorized representative. The revision shall be denoted on
the approved tentative map and certified by the City Planner and
City Engineer.
Any amendment shall not effect the expiration date of the approved
tentative map.
Amendments of the tentative map other than minor shall be presented
to the Planning Commission for approval. Processing shall be in
accordance with Sections 1.401.6 and 1.401.9.
Section 1.502 Parcel Maps
1.502.1 General. The form and contents, submittal, approval and
filing of parcel maps shall conform to the provisions of this
section and the State Subdivision Map Act.
1.502.2 Survey ReRuired. An accurate and complete survey of the
land to be subdivided shall be made by a registered civil~engineer
or licensed land surveyor. Ail monuments, property lines, center
lines of streets, alleys, and easements adjoining or within the
subdivision shall be tied into the survey. The allowable error of
closure on any portion of the parcel map shall not exceed 5/10,000
for closures and 2/10,000 for calculated closures.
1.502.3 Form. The form of the parcel map shall conform to final
map form requirements as specified by Section 1.402 of this chapter.
1.502.4 Contents. The contents of the parcel map shall conform to
final map content requirements as specified by Section 1.402 of
this chapter.
1.502.5 Preliminary Submittal. The subdivider shall submit three
sets of prints of the parcel map to the City Engineer for checking.
The preliminary prints shall be accompanied by two copies of the
data, plans, reports and documents as required for final maps by
Section 1.402, "Preliminary Submittal", and as modified herein.
The City Engineer may waive any of the requirements upon finding
that the location and nature of the proposed subdivision is such as
not to necessitate compliance with the requirements of Section
1.402.5.
Any additional information or documents required shall be as specified
with the conditions of approval of the tentative map.
1.502.6 Return to Subdivider's Engineer for Corrections. Upon
completing preliminary check, the City Engineer or authorized
representative shall note the required corrections on the preliminary
prints, reports, and data and return one set to the subdivider's
engineer for revision.
1.502.7 Resubmittal. The subdivider's engineer shall submit two
sets of the revised map, reports and data to the City Engineer or
authorized representative. After checking the revisions, one set
shall be returned to the subdivider's engineer marked "Approved as
Submitted", "Approved when Corrected as Noted", or "Revise and
Resubmit".
1.502.8 Approval by the City Engineer. Upon receipt of an approved
print, the subdivider shall submit the original tracing of the
revised map; prepared in accordance with the subdivision map act
and this chapter and corrected to its final form, and signed by all
parties required by the Mmp Act and this chapter to execute the
certificates on the map, to the City Engineer.
The City Engineer and Community Development Director shall sign the
appropriate certificates and transmit the original to the City Clerk.
1.502.9 Approval by City Council. The final parcel map together
with the subdivision improvement agreement, shall be placed on the
Council Agenda for their approval. The City Council shall consider
the parcel map for approval within ten (10) days after filing with
the City Clerk, or at its next regular meeting at which it receives
the map, whichever is later. The City Council shall have approved
the subdivision improvement agreement before approving the final
map. The City Clerk is authorized to sign the certificate of the
City Council which accepts or rejects dedications or offers of
dedication that are made and approves the Subdivision.
If the subdivision improvement agreement and parcel map are approved
by the City Council, it shall instruct the Mayor to execute the
agreement on behalf of the City. If the subdivision improvement
agreement and/or final map is unacceptable, the Council shall make
their recommended corrections, instruct the City Engineer to draft
a new agreement and/or revise the parcel map and defer approval
until an acceptable agreement and/or parcel map has been resubmitted.
1.502.10 Denial by the City Council. The City Council shall deny
approval of the parcel map upon making any of the findings conta-ned
in Section 1.401.9.3 of this chapter.
The City Council shall not deny approval of the parcel map if it
finds that the parcel map is in substantial compliance with the
previously approved tentative parcel map.
1.502.11 Filing with the County Recorder. Upon approval of the
parcel map by the City Council and receipt of the improvement
security by the City Engineer, the City Clerk shall execute the
appropriate certificate on the certificate sheet and forward the
map, or have the Title Company forward the map to the County
Recorder.
1.502.12 Waiver of Parcel Map Requirements. The City Engineer may
waive the final parcel map for the following after submittal of a
tentative map, as a condition of approval by the Planning Commission
of such tentative map.
(a) Division of real property or interests therein created by
probate, eminent domain procedures, partition, or other civil
judgments or decrees; or
(b) A division of property resulting from the conveyance of land,
or interest therein, to a public agency for a public purpose, such
as school sites, public building sites, or rights of way for streets,
sewers, utilities, drainage, etc; or
(c) The City Engineer may waive the final parcel map upon making a
finding that the proposed division of land complies with requirements
as to area, improvement and design, flood water drainage control,
appropriate improved public roads, sanitary disposal facilities,
water supply availability, environmental protection, and other
requirements of this chapter, local ordinance, and the Subdivision
Map Act.
Upon waiving the final parcel map requirement the City Engineer
shall cause to be filed with the County Recorder a "Certificate of Compliance"
for the land to be divided.
(d) Requirements for the construction of improvements shall be
noted on the certificate of compliance by certificate pursuamt to
Section 66411.1 of the State Map Act.
(e) Necessary fees as established by City ordinance and resolution
shall be paid by applicant for processing and filing for record any
documents pertaining to the waiver process.
Page
ARTICLE 6. DEDICATIONS AND RESERVATIONS
Section 1.601 Dedication of Streets, Alleys and Other
Public Rights-of-Ways or Easements
Section 1.602 Park Land Dedication
Section 1.603 Elementary School Site Dedication
Section 1.604 Reservations
Section 1.605 Waiver of Direct Street Access
Section 1.606 Bicycle Paths
Section 1.607 Equestrian Trails
Section 1.608 Transit Facilities
ARTICLE 6. DEDICATIONS AND RESERVATIONS
Section 1.60t. Dedication of Streets~ ~-lleys and Other Public
Rights-of-Ways or Easements.
As a condition of approval of a final map or parcel map, the subdivider
shall dedicate or make an irrevocable offer of dedication of all parcels
of land within the subdivision that are needed for streets, alleys,
including access rights and abutters' rights, drainage, public greenways,
scenic easements, public utility easements, and other public easements.
In addition, the subdivider shall improve or agree to improve all streets,
alleys, including access rights and abutters' rights, drainage, public
utility easements, and other public easements.
Improvements shall be in accordance with Article 7 of this chapter.
Section 1.602. Park Land Dedication.
1.602.1 General. This section is enacted pursuant to the authority
granted by the Subdivision Map Act of the State of California. The
park and recreational facilities for which dedication of land
and/or payment of a fee is required by Ordinance No. 105 and any
amendments thereto.
1.602.2 Industrial Subdivisions. The provisions of this article
shall not apply to industrial subdivisions.
Section 1.603 Elementary School Site Dedication.
1.603.1 General. As a condition of approval of a final subdivision
map, a subdivider who develops or completes the development of one
or more subdivisions within a elementary school district shall
dedicate to the school district such lands as the City Council
shall deem to be necessary for the purpose of constructing thereon
schools necessary to assure the residents of the subdivision adequate
elementary school service. If such dedication is required, the
provisions of Section 66478 of the Government Code and this Section
shall apply thereto.
1.603.2 Procedure. The requirement of dedication shall be imposed
at the time of approval of the tentative map. If within thirty
(30) days after the requirement of dedication is imposed by the
City the school district does not offer to enter into a binding
commitment with the subdivider to accept the dedication, the requirement
shall be automatically terminated. The required dedication may be
made any time before, concurrently with, or up to sixty (60) days
after the filing of the final map on any portion of the subdivision.
1.603.3 Payments to Subdivider for School Site Dedication. The
school district shall, if it accepts the dedication, repay to the
subdivider or his successors the original cost to the subdivider of
the dedicated land, plus a sum equal to the total of the following
amounts:
(a) The cost of any improvements to the dedicated land since
acquisition by the subdivider;
(b) The taxes assessed against the dedicated land from the date of
the school district's offer to enter into the binding commitment to
accept the dedication;
(c) Any other costs incurred by the subdivider in maintenance of
such dedicated land, including interest costs incurred on any loan
covering such land.
1.603.4 Exemptions. The provisions of this section shall not be
applicable to a subdivider who has owned the land being subdivided
for more than ten (10) years prior to the filing of the tentative
maps.
Section 1.604. Reservations.
1.604.1 General. As a condition of approval of a map, the subdivider
shall reserve sites, appropriate in area and location, for parks,
recreational facilities, fire stations, libraries or other public
uses according to the standards and formula contained in this
section.
1.604.2 Standards for Reservation of Land. Where a park, recreational
facility, fire station, library, or other public use is shown on an
adopted specific plan or adopted general plan containing a community
facilities element, recreation and parks element and/or a public
building element, the subdivider may be required by the City to
reserve sites as so determined by the City or county in accordance
with the definite principles and standards contained in the above
specific plan or general plan. The reserved area must be of such
size and shape as to permit the balance of the property within
which the reservation is located to develop in an orderly and
efficient manner. The amount of land to be reserved shall not make
development of the remaining land held by the subdivider economically
unfeasible. The reserved area shall conform to the adopted specific
plan or general plan and shall be in such multiples of streets and
parcels as to permit an efficient division of the reserved area in
the event that it is not acquired within the prescribed period.
1.604.3 Procedure. The public agency for whose benefit an area
has been reserved shall, at the time of approval of the final map
or parcel map, enter into a binding agreement to aquire such reserved
area within two years after the completion and acceptance of all
improvements, unless such period of time is extended by mutual
agreement.
1.604.4 Payment to Subdivider. The purchase price shall be the
market value thereof at the time of the filing of the tentative map
plus the taxes against such reserved area from the date of the
reservation and any other costs incurred by the subdivider in the
maintenance of such reserved area, including interest costs incurred
on any loan covering such reserved area.
1.604.5 Termination. If the public agency for whose benefit an
area has been reserved does not enter into such a binding agreement,
the reservation of such area shall automatically terminate.
Section 1.605 Waiver of Direct Street Access.
The City may require as a condition of approval of any subdivision the
waiver of direct access rights to proposed or existing streets from any
property within the subdivision and abutting thereon.
Any such waiver shall become effective in accordance with its provisions
and shall be contained in the owners certificate of the final map or
parcel map.
Section 1.606 Bicycle Paths. If the Planning Commission required the
subdivider to dedicate roadways to the public, and if the subdivision
contains 200 or more lots, the Advisory Agency may also require the
subdivider to dedicate such additional land as may be necessary and
feasible to provide bicycle paths for the use and safety of the residents
of the subdivision.
Ordinance No. 28-B
Page 42
Section 1.607 E~uestrian Trails. If the Planning Commission required
the subdivider to dedicate roadways to the public, and if the subdivision
is situated in a zone in which horses may be kept, the Advisory Agency
may also require the subdivider to dedicate such additional land as may
be necessary and feasible to provide equestrian access from the lots in
the subdivision to any existing or master planned equestrian trails.
Section 1.608 Transit Facilities. The Planning Commission may require
dedications or irrevocable offers of dedication of land within the
subdivision for local transit facilities, such as bus turnouts, benches,
shelters, landing pads, and similar items which directly benefit the
residents of the subdivision, if:
(a) The subdivision as shown on the tentative tract map has the
potential for 200 dwelling units or more if developed to the maximum
capacity shown on the adopted General Plan or contains 100 acres or
more; and,
(b) The Council has previously found that transit services are,
or will within a reasonable time be available to such subdivision.
Ordinance No. 28-B
Page 43
ARTICLE 7. SUBDIVISION IMPROVEMENTS
Section 1.701 General
Section 1.702 Improvements Required
Section 1.703 Agreement for Deferment of Frontage Improvements
Section 1 704 Design
Section 1 705 Access
Section 1 706 Improvement Plans
Section i 707 Improvement Agreement
Section 1 708 Improvement Security
Section 1 709 Construction
Section 1 710 Construction Inspection
Section 1.711 Completion of Improvements
Section 1.712 Acceptance of Improvements
Ordinance No. 28-B
Page 44
ARTICLE 7. SUBDIVISION IMPROVEMENTS
Section 1.701 General
The subdivider shall construct all required improvements both on and
offsite according to approved standards.
No final map or parcel map shall be presented to the City Council for
approval until the subdivider either completes the required improvements,
or enters into an agreement with the City agreeing to do such work.
Section 1.702 Improvements Required
1.702.1 General. Ail improvements shall be required as conditions
of approval of the tentative map by City ordinance, including but
not limited to the following:
Requirements for construction of onsite and offsite improvements
for subdivisions of four or less parcels shall be noted on the
parcel map, or waiver of parcel map or the subdivision improvement
agreement recorded prior to or concurrent with the parcel map, and
will be a requirement of the tentative map for proposed streets.
Completion of Improvements shall be in accordance with Section
1.711.
1.702.3 Storm Drainage. Storm water runoff from the subdivision
shall be collected and conveyed by an approved storm drain system.
The storm drain system shall be designed for ultimate development
of the watershed. The storm drain system shall provide for the
protection of abutting and offsite properties that would be adversely
affected by any increase in runoff attributed to the development;
offsite storm drain improvements may be required to satisfy this
requirement.
t.702.4 Sanitary Sewers. Each unit or lot within the subdivision
shall be served by an approved sanitary sewer system unless otherwise
approved by the Cucamonga County Water District or other such
purveyor.
1.702.5 Water Supply. Each unit or lot within the subdivision
shall be served by an approved domestic water system.
1.702.6 Utilities. Each unit or lot within the subdivision shall
be served by City approved utility services; gas (if required),
electric, telephone and cablevision facilities. Ail utilities
within the subdivision and along peripheral streets shall be placed
underground except those facilities exempted by the Public Utilities
Commission regulations.
The City Council may at its discretion accept a fee in-lieu of the
undergrounding of existing facilities along peripheral streets.
The amount of fee shall not be less than the amount established by
the City Engineer for the normal cost of undergrounding of existing
utilities, provided however no payment in lieu-of installing
underground facilities shall be permitted for any new residential
subdivision for which a final map or parcel map is required.
1.702.7 Right-of-way Improvements. The construction, at the
subdivider's expense, of all of the following off-site improvements
which are not in existence at the time the application for a parcel
map is filed shall be required as a condition of the approval of a
parcel map or the waiver thereof:
Ordinance No. 28-B
Page 45
(a) Asphaltic concrete pavement;
(b) Concrete curbs and gutters;
(c) Concrete sidewalks;
(d) Street lights;
(e) Street trees;
(f) Concrete drive approaches.
1.702.8 Environmental Protection Improvements. As a condition
precedent to the approval and acceptance of a final map, and at the
time it takes action on the tentative tract map, the Planning
Coramission may require the subdivider to install or construct such
other improvements as it deems necessary to:
(a) Provide for the quiet and safe use and enjoyment of the property
by the occupants of the subdivision;
(b) Protect surrounding property as to its use and enjoyment; and,
(c) Provide for the protection of the health and safety of the
general public.
1.702.9 The Planning Co~mnission may waive the requirement of
sidewalks for lots in Industrial Zones if it finds that such
sidewalks are not necessary for public safety.
1.702.10 Unless the City Council finds that the construction of
improvements is presently necessary for reasons of public health
and safety, or is a necessary prerequisite to the development of
contiguous parcels, the construction of such improvements shall be
postponed until such time as a permit or other grant of approval
for the development of a lot is issued.
1.702.11 Any requirement for the construction of improvements,
and any postponement of such requirement, may be made on a lot by
lot basis for each lot in the subdivision. Such requirement may be
noticed by an improvement certificate on the Parcel Map (or waiver)
or by an agreement as provided in Section 1.703.
1.702.12 The City Council hereby finds that it is necessary for
reasons of public health and safety that all off-site improvements
by constructed within a period of twelve (12) months following the
recordation of a parcel map for each lot on which there exists a
building or other usable structure at the time of such recordation.
The foregoing provisions not withstanding, the City Council, may
postpone the construction of off-site improvements to such later
time as it shall, at its discretion, determine.
No postponement of construction shall be granted by the City Council
unless the owner of the subject parcel shall agree in writing to
construct required off-site improvements at such future time as
shall then or thereafter be determined by the City Council. Said
contract shall create a lien upon the property to be divided as
security for the performance of said agreement. Any such written
contract and lien agreement shall be recorded with the County
Recorder of San Bernardino County immediately subsequent to the
recordation of the subject parcel map.
1.702.13 No parcel map shall be transmitted by the City Clerk, in
accordance with subsection (a) of Section 66464 of the Government
Code, until either:
Ordinance No. 28-B
Page 46
(1) Ail improvements which are required as a condition of the
approval of the parcel map, or the waiver thereof, other than those
improvements the construction of which has been postponed pursuant
to section of this ordinance, have been constructed or the in lieu
fees have been paid; or,
(2) The subdivider has entered into an agreement with the City
providing for the construction of the improvements, at the subdivider's
expense, within a period of nine (9) months and has furnished
security in connection with the performance of such agreement
pursuant to the provisions of Section of this Ordinance.
In-lieu fees shall be deposited in a special undergrounding account
to be used as approved by the City Council for future undergrounding
of utilities throughout the City.
(a) The provisions of this section shall not apply to:
(1) Appurtenances and associated equipment, such as surface-
mounted transformers, pedestal-mounted terminal boxes, meter
cabinets, and concealed ducts in an underground system;
(2) Street lighting fixtures and traffic control facilities;
(3) Facilities necessary to the transmission or reception of
radiated wireless communication;
(4) Electric transmission lines of 16,000 volts or more; and,
(5) Temporary facilities.
Section 1.703 Agreement for Deferment of Frontage Improvements
When deemed necessary by the City Council, the frontage improvements
along existing peripheral streets may be deferred for subdivisions of
four (4) or less parcels. When improvements are deferred, the subdivider
shall enter into an agreement with the City for the installation of all
frontage improvements at such time in the future as required by the
City. ~he Contract and lien agreement shall provide:
(a) Construction of said improvements shall commence within ninety (90)
days of the receipt of the notice to proceed from the City.
(b) That in event of default by the Owner, his successors or assigns,
the City is hereby authorized to cause said construction to be done and
charge the entire cost and expense to the Owner, his successors or
assigns, including interest from the date of notice of said cost and
expense until paid.
(c) That this agreement shall be recorded in the office of the Recorder
of San Bernardino County, California, at the expense of the Owner and
shall constitute notice to all successors and assigns of the title to
said real property of the obligation herein set forth, and also a lien
in such amount as will fully reimburse the City, including interest as
herein above set forth, subject to foreclosure in event of default in
payment.
(d) That in event of litigation occasioned by any default of the Owner,
his successors or assigns, the Owner, his successors or assigns agree to
pay all costs involved, including reasonable attorney's fees, and that
the same shall become a part of the lien against said real property.
(e) That the term "Owner" shall include not only the present Owner but
also his heirs, successors, executors, administrators, and assigns, it
being the intent of the parties hereto that the obligations herein
undertaken shall run with said real property and constitute a lien there
against.
Ordinance ~Yo. 28-B
Page 47
The agreement shall not relieve the Owner from any other requirements
specified herein. The construction of deferred improvements shall
conform to the provisions of this chapter and all applicable articles of
City Ordinances in effect at the time of construction.
Section 1.704 Design
The design and layout of all required improvements both on the offsite,
private and public, shall conform to generally acceptable engineering
standards and to such standards as approved by the City Engineer.
Section 1.705 Access
The subdivision shall abut upon or have an approved access to a public
street.
Each unit or lot within the subdivision shall have an approved access to
a public or private street. Private streets shall be in accordance with
the standards for street construction adopted by the City Council.
Street layout shall be designed to provi~ for future access to, and not
impose undue hardship upon, property adj ining the subdivision.
Reserve strips, or non-access at the end of streets in subdivisions
shall be dedicated unconditionally to the City, otherwise they shall be
prohibited.
Section 1.706 Improvement Plans
1.706.1 General. Improvement plans shall be prepared under the
direction of and signed by a registered Civil Engineer licensed by
the State of California.
Improvement plans shall include but not be limited to grading,
storm drains, landscaping, streets and related facilities.
1.706.2 Form. Plans, profiles and details shall be legibly drawn,
printed or reproduced on 24" x 36" sheets. A border shall be made
on each sheet providing ~" at top, bottom and right side and 1-~"
on the left side.
A title block shall be placed in the lower right corner provide
adequate space for approval by the City Engineer and for approval
of plan revisions.
Plan and profiles shall be drawn to the scale of 1" = 40' or larger
unless approved by the City Engineer. Details shall be drawn to
such scale that clearly shows the facility being constructed. The
scales for various portions of the plans shall be shown on each
sheet.
A vicinity (minimum scale 1" = 1000') map shall be shown of the
first sheet of all sets of plans.
A north arrow shall be shown on each sheet when applicable.
Plans shall be laid out to orient north to the top or right edge of
the sheet unless approved otherwise by the City Engineer.
Nil lettering shall be 1/8" minimum.
If the plans include three or more sheets, a cover sheet showing
the streets, lots, easements, storm drains, index and vicinity map
shall be included.
Ordinance No. 28-B
Page 48
The form of all plans shall conform to such additional requirements
as may be established by the City Engineer. The final form of all
plans shall be as approved by the City Engineer.
1.706.3 Contents. The improvement plans shall show complete
plans, profiles and details for all required improvements to be
constructed, both public and private (including common areas).
Reference may be made to City of Rancho Cucamonga, San Bernardino
County or State Standard Plans in lieu of duplicating the drawings
thereon.
1.706.4 Supplementary Plans and Calculations. Hydrology, hydraulic
plans and calculations, bond estimates, and any structural calculations
as may be required, shall be submitted with the improvements plans
to the City Engineer. All calculations shall be legible, systematic
and signed and dated by a Registered Civil Engineer licensed by the
State of California and in a form as approved by the City Engineer.
1.706.5 Review by the City Engineer. The subdivider shall submit
three sets of improvement plans and two copies of all computations
to the City Engineer for review. Upon completion of his review,
one set of the preliminary plans, with the required revisions
indicated thereof, will be returned to the subdivider's engineer.
1.706.6 Approval by the City Engineer. After completing all
required revisions, the subdivider's engineer shall transmit the
originals and one set of mylars of the improvement plans to the
City Engineer for his signature.
Upon finding that all required revisions have been made and that
the plans conform to all applicable City ordinances, design review
requirements and conditions of approval of the tentative map, the
City Engineer shall sign and date the plans.
Approval of the improvement plans shall not be construed as approval
of the sanitary sewer or water construction plans. These must be
approved by the Cucamonga County Water District or any other affected
pervayor.
Approval by the City Engineer shall in no way relieve the subdivider
or his engineer from responsibility for the design of the improvements
and for any deficiencies resulting from the design thereof.
1.706.7 Revisions to Approved Plans.
1.706.7.1 By Subdivider. Requests by the subdivider or his engineer
for revisions to the approved plans appearing necessary or desirable
during construction shall be submitted in writing to the City
Engineer or his appointee and shall be accompanied by three sets of
revised drawings showing the proposed revision. If the revision is
acceptable, the originals shall be changed and submitted to the
City Engineer's office for initialing. Construction of any proposed
revision will not be permitted to commence until revised plans have
been received and forwarded to the City's Engineering Inspection
Section.
1.706.7.2 By City Engineer. When revisions are deemed necessary
by the City Engineer, to protect public health and safety, or as
field conditions may require, a request in writing shall be made to
the subdivider and his engineer. The subdivider's engineer shall
revise the plans and change and transmit the originals to the City
Engineer for initialing within such time as specified by the City
Engineer. Construction of all or any portion of the improvements
may be stopped by the City Engineer until revised drawings have
been submitted.
Ordinance No. 25-B
Page 49
The subdivider may appeal revisions required by the City Engineer
to the City Council by filing an appeal with the City Clerk within
two working days following receipt of the request to revise the
plans.
1.706.7.3 Plan Checking and Inspection Costs for Revisions.
Costs incurred by the City for the checking of plans or calculations
or inspection as a result of revisions to the approved plans shall
be borne by the subdivider pursuant to the City's Master Fee Resolution
A deposit, when required, shall be submitted with the revised
prints; such deposit shall be applied toward the actual costs.
Section 1.707 Improvement Agreement
The agreement shall be prepared and signed by the City Engineer and
approved as to form by the City Attorney. The agreement shall provide
for:
(a) Construction of all improvements per the approved plans and specifications.
(b) Completion of improvements within the time specified by Section 1.711.
(c) Right by City to modify plans and specifications.
(d) Warrantee by subdivider that construction will not adversely affect
any portion of adjacent properties.
(e) Payment of inspection fees in accordance with the City's resolution
establishing fees and charges.
(f) Payment of in-lieu fees for undergrounding of utilities on peripheral
streets; payment of in-lieu fees for parkland dedication.
(g) Payment of drainage district or area fees.
(h) Improvement security as required by this article.
(i) Maintenance Bond equal to 10% of the performance Bond and repair of
any defects or failures and causes thereof.
(j) Release of the City from all liability incurred by the development,
and payment of all reasonable attorney's fees that the City may incur
because of any legal action arising from the development.
(k) Any other deposits, fees or conditions as required by City ordinance
or resolution and as may be required by the City Engineer.
Section 1.708 Improvement Security
1.708.1 General. Any improvement agreement, contract or act
required or authorized by the Subidvision Map Act, for which security
is required, shall be secured in accordance with Section 66499 of
the Government Code and as provided herein.
No final map or parcel map shall be signed by the City Engineer or
recorded until all improvement securities required by this section
have been received and approved.
1.708.2 Form of Security. The form of security shall be one or
the combination of the following at the option and subject to the
approval of the City.
(a) Bond or bonds by one or more duly authorized corporate sureties.
(b) A deposit, either with the local agency or a responsible
escrow agent or trust company, at the option of the City, of money
or negotiable bonds of the kind approved for securing deposits of
public moneys.
Ordinance No. 28-B
Page 50
(c) An instrument of credit from one or more financial institutions
subject to regulation by the state or federal government and pledging
that the funds necessary to carry out the act or agreement are on
deposit and guaranteed for payment.
The provisions of the bond or bonds shall be in accordance with
Section 66499.1 and 66499.2 of the State Subdivision Map Act.
(d) A lien upon the property to be divided created by contract
between the owner and the City, if the City finds that it would not
be in the public interest to require the installation of the required
improvements sooner than two (2) years after the recordation of the
map.
(e) Such other form of security, including security interests in
real property, as are acceptable to the City Attorney.
1.708.3 Amount of Security. A performance bond or security in the
amount of one hundred percent (100%) of the estimated construction
cost to guarantee the construction or installation of ail improvements
shall be required of all subdivisions. An additional amount of
fifty percent (50%) of the estimated construction cost shall be
required to guarantee the payment to the subdivider's contractor,
subcontractor, and to persons furnishing labor, materials or equipment
for the construction or installation of improvements.
The estimate of improvement costs shall be as approved by the City
Engineer and shall provide for:
(a) Not less than five percent (5%) no more than ten percent (10%)
of the total construction cost for contingencies.
(b) Increase for projected inflation computed to the estimated of
construction.
(c) All utility installation costs or a certification acceptable
to the City Engineer from the utility company that adequate security
has been deposited to insure installation.
(d) In addition to the full amount of the security, there shall be
included costs and reasonable expenses and fees, including attorney's
fees, incurred in enforcing the obligation secured as may be required.
1.708.4 Cash Bond. The developer shall deposit with the City not
less than Five Hundred Dollars ($500.00) cash for subdivisions of 4
or less lots and One Thousand Dollard ($1,000.00) for other subdivisions
or such amount as required by the City Engineer, not to exceed one
percent of the construction cost. The deposit may be used at the
discretion of the City to correct deficiencies and conditions
caused by the subdivider or his contractor that may arise during or
after the construction of the subdivision. Any unexpended amount
will be returned to the developer at the time all bonds are released.
1.708.5 Warranty Security. Upon acceptance of the subdivision
improvements by the City Council, the subdivider shall provide
security in the amount of 10% of performance bond to guarantee the
improvements throughout the warranty period. Warranty period shall
be one year from date of acceptance of improvement by the City.
1.708.6 Reduction in Performance Security. The City Council may
authorize in the release of a portion of the security in conjunction
with the acceptance of the satisfactory completion of a part of the
improvements as the work progresses upon application by the subdivider
and upon the recommendation of the City Engineer.
Ordinance No. 28-B
Page 51
No such release shall be for an amount less than ten percent (10%)
of the total improvement security given for faithful performance
and that the security shall not be reduced to an amount less than
fifty percent (50%) of the total improvement security given for
faithful performance.
In no event shall the City Engineer authorize a release of the
improvement security which would reduce such security to an amount
below that required to guarantee the completion of the improvements
and any other obligation imposed by this ordinance, the Subdivision
Map Act, or the improvement agreement.
1.708.7 Release of Improvement Securities.
1.708.7.1 Performance Security. The performance security shall be
released only upon acceptance of the improvement by the City and on
an approved warranty security that has been filed with the City
Engineer.
1.708.7.2 Material and Labor Security. Security given to secure
payment to the contractor, his subcontractors and to persons furnishing
labor, materials or equipment may, six months after the completion
and acceptance of the improvements by the City Council, be reduced
to an amount equal to the amount of all claims therefor filed and
of which notice has been given to the City Council. The balance of
the security shall be released upon the settlement of all such
claims and obligations for which the security was given.
1.708.7.3 Warranty Security. The warranty security shall be
released upon satisfactory completion of the warranty period provided:
(a) All deficiencies appearing on the final deficiency list
for the subdivision have been corrected.
(b) Not less than twelve (12) months have elapsed since the
acceptance of the improvements by the City Council.
Section 1.709 Construction
The construction methods and materials for all improvements shall conform
to the Standard Specifications of the City of Rancho Cucamonga. The
General Provisions of the City's Standard Specifications shall apply to
the developer where applicable.
Construction shall not commence until required improvement plans have
been approved by the City Engineer.
Section 1.710 Construction Inspection
1.710.1 General. All improvements are subject to inspection by
the City Engineer or authorized personnel in accordance with the
City's Standard Specifications.
1.710.2 Pre-Construction Conference. Prior to commencing any
construction, the developer shall arrange for a pre-construction
conference with the Inspection Section of the Engineering Division.
1.710.3 Final Inspection and Deficiency List. Upon completion of
the subdivision improvements, the developer shall apply in writing
to the City Engineer for final inspection. The City Engineer or
authorized representative shall schedule a preliminary final inspection.
A deficiency list shall be compiled during the inspection, noting
all corrections or any additional work required. If the number of
items are excessive or the subdivision appears incomplete, the
preliminary final inspection may be halted and rescheduling of a
date as determined by the City Engineer or authorized representative.
Ordinance No. 28-B
Page 52
When the preliminary final inspection has been completed, a copy of
the deficiency list shall be transmitted to the developer for
correction.
Upon having completed all corrections or additional work as outlined
by the deficiency list the developer shall request a final inspection.
The City Engineer or authorized representative shall then make a
final inspection.
Upon finding that all items on the deficiency list have been corrected
and receipt of as built improvement plans the subdivision shall be
placed on the Council Agenda for acceptance.
The completion of corrections indicated by the deficiency list
shall not relieve the developer from the responsibility of correcting
any deficiency not shown on the list that may be subsequently
discovered.
Section 1.711 Completion of Improvements
1.711.1 Subdivision of Five or More Parcels. The subdivision
improvements shall be completed by the developer within twelve (12)
months or as otherwise provided in this ordinance, from the recording
of the final map or parcel map, unless an extension is granted by
the City Council.
Should the subdivider fail to complete the improvements within the
specified time, the City may by resolution of Council and at its
option, cause any or all uncompleted improvements to be completed
and the parties executing the surety or sureties shall be firmly
bound for the payment of all necessary costs therefor.
1.711.2 Subdivisions of Four or Less Unless as Otherwise Stated
In Section 1.703 Parcels. Completion of improvements will not be
required until such time as a permit or other grant approval for
the development of any parcel within the subdivision is applied
for. Improvements shall be completed prior to final building
inspection or occupancy of any unit within the subdivision.
The completion of the improvements may be required by a specified
date by the City when the completion of such improvements are found
to be necessary for public health or safety or for the orderly
development of the surrounding area. This finding shall be made by
the Planning Commission upon recommendation of the City Engineer.
Such specified date when required shall be stated in the Subdivision
Improvement Agreement.
1.711.3 Improvement Agreement Extensions. The completion date may
be extended by the City Council upon recommendation by City Engineering,
upon written request by the developer and the submittal of adequate
evidence to justify the extension. The request shall be made not
less than sixty (60) days prior to expiration of the Subdivision
Improvement Agreement.
The subdivider shall enter into a Subdivision Improvement Extension
Agreement with the City. The agreement shall be prepared by the
City Engineer, approved as to form by the City Attorney, executed
by the subdivider and transmitted to the City Council for their
consideration. If approved by the City Council, the Mayor shall
execute the agreement on behalf of the City.
In consideration of a Subdivision Improvement Extension Agreement,
the following may be required:
(a) Revision of improvement plans to provide for current
design and construction standards when required by the City
Engineer.
Ordinance No. 28-B
Page 53
(b) Revised improvement construction estimates to reflect
current improvement costs as approved by the City Engineer.
(c) Increase of improvement securities in accordance with
revised construction estimates.
(d) Inspection fees may be increased to reflect current
construction costs.
The City Council may impose additional requirements as recommended
by the City Engineer or as it may deem necessary as a condition to
approving any time extension for the completion of improvements.
The costs incurred by the City in processing the agreement shall be
borne by the developer at actual cost, or a minimum of $100.00.
The City Clerk shall notify the developer and surety of the City
Councils or City Engineers actions.
Section 1.712 Acceptance of Improvements
1.712.1 General. When all improvement deficiencies have been
corrected and as built improvement plans filed, the subdivision
improvements shall be considered by the City for acceptance, improvements
may be accepted by the City Council upon recommendation by the City
Engineer.
Acceptance of the improvements shall imply only that the improvements
have been completed satisfactorily and that public improvements
have been accepted for public use.
1.712.2 Notice of Completion. If the subdivision has been accepted
by the City, the City Clerk shall cause to be filed with the County
Recorder a Notice of Completion.
1.712.3 Acceptance of a Portion of the Improvements. Whe~ ~equested
by the subdivider in writing, the City Council may consider acceptance
of a portion of the improvements as recommended by the City Engineer.
The improvements will be accepted by the City only if it finds that
it is in the public interest and such improvements are for the use
of the general public.
Acceptance of a portion of the improvements shall not relieve the
developer from any other requirements imposed by this article.
Ordinance No. 28-B
Page 54
ARTICLE 8. REVERSIONS TO ACREAGE
Section 1.801 General
Section 1.802 Intitation of Proceedings
Section 1.3 Contents of Petition
Section 1.804 Submittal of Petition to the City Engineer
Section 1.805 City Council Approval
Section 1.806 Filing with County Recorder
Ordinance No. 28-B
Page 55
ARTICLE 8. REVERSIONS TO ACREAGE
Section 1.801 General
Subdivided property may be reverted to acreage pursuant to provisions of
this article and the State Subdivision Map Act. This article shall
apply to Final Maps and Parcel Maps.
Section 1.802 Initiation of Proceedings
1.802.1 By Owners. Proceedings to revert subdivided property to
acreage may be initiated by petition of all of the owners of record
of the property. The petition shall be in a form prescribed by the
City Engineer. The petition shall contain the information required
by Section 1.903 and such other information as required by the City
Engineer.
1.802.2 By City Council. The City Council, at the request of any
person or on its own motion may, by resolution, initiate proceedings
to revert property to acreage. %he City Council shall direct the
City Engineer to obtain the necessary information to initiate and
conduct the proceedings
Section 1.803 Contents of Petition
The petition shall contain but not be limited to the following:
(a) Evidence of title to the real property; and
(b) Evidence of the consent of all of the owners of an interest in the
property; or
(c) Evidence that none of the improvements required to be made have
been made within two years from the date the final Map or Parcel Map was
filed for record, or within the time allowed by agreement for completion
of the improvements, whichever is later; or
(d) Evidence that no lots shown on the Final or Parcel Map have been
sold within five (5) years from the date ~ch Final or Parcel Map was
filed for record.
(e) A Tentative Map in the form prescribed by Section 1.401 or Section
1.501 of this chapter.
(f) A Final Map or Parcel Map in the form prescribed by Section 1.402
or Section 1.502 of this chapter which delineates dedications which will
not be vacated and dedications required as a condition to reversion.
Final or Parcel Maps shall be conspicuously designated with the title,
"The Purpose of this Map is a Reversion to Acreage."
(g) A deposit as required by the City Engineer towards processing and
plan checking costs in accordance to the City's established fees and
charges.
Section 1.804 Submittal of Petition to the City Engineer
The Final Map or Parcel Map for the reversion together with all other
data as required by this article shall be submitted to the City Engineer
for his review.
Upon finding that the petition meets with all the requirements of this
chapter and the State Subdivision Map Act, the City Engineer shall
submit the Final Map or Parcel Map, together with his report and recommendations
of approval or conditional approval of the Reversion to Acreage, to the
City Council for their consideration.
Ordinance No. 28-B
Page 56
Section 1.805 City Council Approval
A public hearing shall be held by the City Council on all petitions for
initiations for reversions to acreage. Notice of the public hearing
shall be given as provided in Section 66451.3 of the Government Code.
The City Engineer may give such other notice that it deems necessary or
advisable.
The City Council may approve a reversion to acreage only if it finds and
records by resolution that:
(a) Dedications or offers of dedication to be vacated or abandoned by
the reversion to acreage are unnecessary for present or prospective
public purposes; and
(b) Either:
(1) All owners of an interest in the real property within the
subdivision have consented to reversion; or
(2) None of the improvements required to be made have been made
within two (2) years from the date the final or parcel map was
filed for record, or within the time allowed by agreement for
completion of the improvements, whichever is later; or
(3) Evidence that no lots shown on the Final or Parcel Map have
been sold within five (5) years from the date such Final or Parcel
Map was filed for record.
The City Council may require as conditions of the reversion:
(a) The owners dedicate or offer to dedicate streets, public rights-of-
way or easements.
(b) The retention of all or a portion of previously paid subdivision
fees, deposits or improvement securities if the same are necessary to
accomplish any of the provisions of this chapter.
Section 1.806 Filing with County Recorder
Upon approving the Reversion to Acreage, the City Engineer shall transmit
the Final Map or Parcel Map, together with the City Council resolution
approving the reversion, to the County Recorder for recordation.
Reversion shall be effective upon the final map being filed for record
by the County Recorder. Upon filing, all dedications and offers of
dedication not shown on the Final Map for reversion shall be of no
further force and effect.
Ordinance No. 28-B
Page 57
ARTICLE 9. LOT LINE ADJUSTMENTS,
CORRECTIONS AND AMENDMENTS OF MAPS
Section 1 901 General
Section I 902 Form and Contents
Section 1 903 Submittal and Approval by the City Engineer
Section i 904 Filing with the County Recorder
Section 1 905 Fee
Section 1 906 Lot line Adjustments
Ordinance No. 28-B
Page 58
ARTICLE 9. LOT LINE ADJUSTMENTS,
CORRECTIONS AND AMENDMENTS OF MAPS
Section 1.901 General
After a Final map or Parcel Map has been filed for record with the
County Recorder, it may be amended by either a certificate of correction
or an Amending Map.
1.901.1 Certificate of correction. A certificate of correction
may be used to:
(a) To correct an error in any course or distance shown thereon;
(b) To show any course or distance that was omitted therefrom;
(c) To correct an error in the description of the real property
shown on the map; or
(d) To show the proper location of any monument which has been
changed in location, or character, or originally was shown at the
wrong location or incorrectly as to its character.
1.901.2 Amended Map. An Amended map may be used to:
(a) To indicate monuments set after the death, disability or
retirement from practice of the engineer or surveyor charged with
responsibilities for setting monuments; or
(b) If the original engineer or surveyor refuses to set the monuments
or if same is replaced, the City Engineer may, by letter, select a
replacement engineer or surveyor to set monuments.
Section 1.902 Form and Contents
The amending map or certificate of correction shall be prepared by a
registered civil engineer or licensed land surveyor. The Form and
Contents of the amending map shall conform to the requirements of Section
1.402 if a Final Map, or Section 1.502 if a Parcel Map. The certificate
or Map shall set forth in detail the corrections made and show the names
of the present fee owners of the property affected by the correction.
Section 1.903 Submittal and Approval by the City Engineer
The amending map or certificate of correction, complete as to final
form, shall be submitted to the City Engineer for his review and approval.
The City Engineer shall examine the amending map or certificate of
correction and if the only changes made are those set forth in Section
1.901 above, he shall certify to this fact on the amending map or certificate
of correction.
Section 1.904 Filin~ with the County Recorder
The amending map or certificate of correction certified by the City
Engineer shall be filed in the office of the County Recorder in which
the original map was filed. Upon such filing, the County Recorder shall
index the names of the fee owners and the appropriate tract designation
shown on the amending map or certificate of correction in the general
index and map index respectively. Thereupon, the original map shall be
deemed to have been conclusively so corrected, and thereafter shall
impart constructive notice of all such corrections in the same manner as
though set forth upon the original map.
Ordinance No. 28-B
Page 59
Section 1.905 Fee
The fee for checking, processing and recording the amended map or certificate
of correction shall be in accordance with the City's resolution establishing
fees and charges. A deposit to be applied toward this fee may be required
by the city Engineer upon submittal of the amended map or certificate of
correction for his review.
Section 1.906 Lot Line Adjustments.
An owner(s) may request a lot line adjustment between two (2) or more
adjacent parcels pursuant to City Council Resolution No. 7846.
1.906.1 The City Engineer is authorized to deny or approve the
request. Appeals of the City Engineers decision may be made to the
Planning Commission within 15 days of decision.
1.906.2 The City Engineer shall require a Record-of-survey as a
condition of approval for any such requests, for lands which lie
partially or entirely within the Etiwanda Colony Lands subdivision
and may require a Record-of-survey for any other area within the
City limits.
Ordinance No. 28-B
Page 60
ARTICLE 10. ENFORCEMENT OF ARTICLE PROVISIONS
Section 1.1001 Prohibition
Section 1.1002 Remedies
Section 1.1003 Certificate of Compliance
Section 1.1004 Certificate of Non-Compliance
Ordinance No. 28-B
Page 61
ARTICLE 10. ENFORCEMENT OF ARTICLE PROVISIONS
Section 1.1001 Prohibition
(a) No person shall offer to sell or lease, to contract to sell or
lease, to sell or lease, or to finance any parcel or parcels of real
property or to commence construction of any building for sale, lease or
financing thereon, except for model homes, or to allow occupancy thereof,
for which a final map or parcel map is required by this chapter until
such map thereof, in full compliance with the provisions of this chapter,
has been filed with the County Recorder for record.
(b) No person shall sell, lease or finance any parcel or parcels of
real property or cormnepce construction of any building for sale, lease
or financing thereon, except for model homes, or allow occupancy thereof,
for which a parcel map is required by this chapter or the State Subdivision
Map Act, until such map thereof in full compliance with the provisions
of this chapter and the State Subdivision Map has been filed for record
by the recorder.
(c) Conveyances of any part of a division of real property for which a
final or parcel map is required by this chapter shall not be made by
parcel or block number, initial or other designation, unless and until
such map has been filed for record with the County Recorder.
(d) This section does not apply to any parcel or parcels of a subdivision
offered for sale or lease, contracted for sale or lease, or sold or
leased in compliance with or exempt from any law (including a local
ordinance), regulating the design and improvement of subdivisions in
effect at the time the subdivision was established.
Section 1.1002 Remedies
(a) Any deed of conveyance, sale or contract to sell real property
which has been divided, or which has resulted from a division, in violation
of the provisions of this chapter or State Subdivision Map Act, is
voidable at the sole ~ption of the grantee, buyer or person contracting
to purchase, his heirs, personal representative, or trustee in insolvency
or bankruptcy within one year after the date of discovery of the violation,
but the deed of conveyance, sale or contract to sell is binding upon any
successor in interest of the grantee, buyer or person contracting to
purchase, other than those above enumerated, and upon the grantor,
vendor, or person contracting to sell, or his assignee, heir or devisee.
(b) Any grantee, or his successor in interest, of real property which
has been divided, or which has resulted from a division, in violation of
the provisions of this chapter or the State Subdivision Map Act may,
within one year of the date of discovery of such violation, bring an
action in the superior court to recover any damages he has suffered by
reason of such division of property. The action may be brought against
the person who divided the property in violation and against any successors
in interest who have actual or constructive knowledge of such division
of property.
(c) The provisions of this section shall not apply to the conveyance of
any parcel of real property indentified in the certificate of compliance
filed pursuant to Section 66499.35 of the Government Code or identified
in a recorded final map or parcel map, from and after the date of
recording.
The provisions of this section shall not limit or affect in any way the
rights of a grantee or his successor in interest under any other provision
of law.
Ordinance No. 28-B
Page 62
(d) This section does not bar any legal, equitable or summary remedy to
which the City or other public agency, or any person, firm or corporation
may otherwise be entitled, and the City or other public agency, or such
person, firm or corporation may file a suit in the superior court of San
Bernardino County, to restrain or enjoin any attempted or proposed
subdivision for sale, lease or financing in violation of this chapter.
(e) The City shall not issue a permit or grant any approval necessary
to develop any real property which has been divided, or which has resulted
from a division, in violation of the provisions of this chapter or the
State Subdivision Map Act if it finds that development of such real
property is contrary to the public health or the public safety. The
authority to deny such a permit or such approval shall apply whether the
applicant therefor was the owner of the real property at the time of
such violation or whether the applicant therefore is the current owner
of the real property with, or without, actual or constructive knowledge
of the violation at the time of the acquisition of his interest in such
real property.
The City, in issuing a permit or granting approval for the development
of any such real property, may impose those additional conditions as
would have been applicable to the division of the property at the time
the current owner of record acquired the property, and which had been
established at such time by this division or local ordinance enacted
pursuant thereto, except that if a conditional certificate of compliance
has been filed for record under the provisions of this article only such
conditions stipulated shall be applicable.
Section 1.1003 Certificate of Compliance
(a) Any person owning real property within the City of Rancho Cucamonga
may request the City Engineer to determine whether such real property
complies with the provisions of this chapter and the State Subdivision
Map Act.
(b) Upon making such determination, the City Engineer shall cause a
certificate of compliance to be filed for record with the County Recorder.
The certificate of compliance shall identify the real-property and shall
state that the division of land complies with applicable ordinances and
resolutions of the City of Rancho Cucamonga and the State Subdivision
Map Act.
(c) If the City Engineer determines that such real property does not
comply with the provisions of the Municipal Code or State Subdivision
Map Act, he may, as a condition to granting a certificate of compliance,
impose such conditions as would have been applicable to the division
of the property at the time the current owner of record acquired the
Property, and which had been established at such time by ordinance.
Upon making such a determination and establishing such conditions the
City Engineer or authorized representative shall cause a conditional
certificate of compliance to be filed for record with the County Recorder.
Such certificate shall serve as notice to the property owner who has
applied for the certificate pursuant to this section, a grantee of the
property owner, or any subsequent transferee or assignee of the property
that the fulfillment and implementation of such conditions shall be
required prior to subsequent issuance of a permit or other grant of
approval for development of the property.
Compliance with such conditions shall not be required until such time as
a permit or other grant of approval for development of such property is
issued.
(d) A recorded final map or parcel map shall constitute a certificate
of compliance with respect to the parcels of real property described
therein.
Ordinance No. 28-8
Page 63
(e) For the purposes of administration of this section any parcel that
is shown in the official records of the County Recorder after December
1, 1977 shall be considered as a conforming parcel.
(f) A fee pursuant to the City's Master fee resolution shall be charged
to applicant for making the determination and processing the certificate
of compliance. A deposit may be required to be applied toward this fee.
Section 1.1004 Certificate of Non-Compliance
Whenever the City Engineer or an authorized representative has knowledge
that real property has been divided in violation of the provisions of
this chapter or the State Subdivision Map Act, they shall cause to be
filed for record with the recorder of the County a tentative notice of
violation ("Certificate of Non-Compliance") describing the real property
in detail, naming the owners thereof, and describing the violation, and
stating that an opportunity will be given to the owner to present evidence.
At least 30 days prior to the recording of the final notice the owner of
the real property shall be advised in writing of the intention to record
a final notice and specifying a time, date and place at which the owner
may present evidence as to why such notice should not be recorded. If,
after the owner has presented evidence, it is determined that there has
been no violation, a release of the tentative notice shall be filed with
the County Recorder. Such tentative or final notice, when recorded,
shall be deemed to be constructive notice of the violation to all successors
in interest in such property.
Ordinance No. 28-B
Page 64
ARTICLE 11. PARCEL MERGERS
Section 1.1101 Mergers Not Required
Section 1.1102 Mergers Required
Section 1.1103 Notice of Merger
Section 1.1104 Request by Property Owner
Ordinance No. 28-B
Page 65
ARTICLE 11. PARCEL MERGERS
Section 1.1101 Mergers Not Required
Two (2) or more contiguous parcels or units of land which have been
created under the provisions of the Subdivision Map Act or any prior law
regulating the division of land, or this chapter or any predecessor
ordinance, or which were not subject to such provisions at the time of
their creation, shall not merge by virtue of the fact that such contiguous
parcels or units are held by the same owner. No further proceedings
under this chapter shall be required for the purpose of sale, lease or
financing, except as provided by this article.
Section 1.1102 Mergers Required
If any one of two or more contiguous parcels or units held by the same
owner does not conform to standards for minimum parcel size to permit
use or development and at least one parcel or unit has not been developed
with a building for which a building permit is required or which was
built prior to the time such permits were required, then such parcels
shall be considered as merged for the purpose of the Subdivision Map
Act.
Section 1.1103 Notice of Merser
Whenever the City Engineer or an authorized representative has knowledge
that real property has merged pursuant to this article, they shall cause
to be filed with the County Recorder a Notice of Merger. Provided that,
at least 30 days prior to recording of notice the owner of the parcels
or units shall be advised in writing of the intention to record such
notice.
The notification to the owner shall specify a time, date and place at
which the owner may present evidence as to why the Notice of Merger
should not be recorded.
The Notice of Merger to be recorded shall specify the names of the
record owners describe the property to be merged.
Section 1.1104 Request by Property Owner
Upon request of the legal owner of contiguous parcels, the City Engineer
or authorized representative may approve the merger of the property.
Such request shall be in writing and shall be accompanied by such data
and documents as required by the City Engineers office.
Upon approval, a "Notice of Merger" shall be filed with the County
Recorder. The form and content of the notice shall be as required by
the City Engineer.
In approving such merger, the City may impose reasonable conditions.
The reasonableness of such conditions may be appealed within fifteen
(15) days of written notice of the conditions, to the City Council in
accordance with Section 1.402.2.1 of this chapter.
A fee to be charged at actual cost shall be charged to the applicant for
processing such merger. A deposit may be required to be applied toward
this fee.
Ordinance No. 28-B
Page 66
ARTICLE 12. PUBLISHING
The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after
its passage at least once in The Daily Report, a newspaper of general
circulation published in the City of Ontario, California, and circulated
in the City of Rancho Cucamonga, California.
PASSED, APPROVED, and ADOPTED this 21st day of January, 1981.
AYES: Frost, Mikels, Palombo, Schlosser
NOES: None
ABSENT: Bridge
Phill~p D. Schlosser, Mayor
ATTEST: