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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: