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HomeMy WebLinkAbout28 - Ordinances ORDINANCE NO. 28 AN ORDINANCE OF THE CITY COUNCIL OF 2~HE 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 1. GENERAL SECTION 1.1. Intent and Purpose. The purpose of this Ordinance is to supplement and implement the Subdivision Map Act. The provisions of this Ordinance are intended to control those matters permitted by the Subdivision Map Act to be prescribed by local ordinance and not to re- publish those provisions of the Subdivision Map Act which are mandatory. Ail provisions of the Subdivision Map Act which are mandatory in nature are hereby incorporated by reference in this Ordinance. SECTION 1.2. Definitions. For the purposes of this Ordinance, all words and phrases used in this Ordinance which are defined in the Subdivision Map Act shall have the same meaning as in the Subdivision Map Act. Certain additional words and phrases used in this Ordinance are defined as follows: (a) "Advisory Agency" shall mean the City Engineer in case of parcel maps and lot line adjustments, and the Planning Commis- sion in all other cases. (b) "Appeal Board" shall mean the Planning Commis- sion of the City for any appeal from an action of the City Engineer. (c) "City Engineer" shall mean the City Engineer of the City and shall include his deputies. (d) "Final map" shall mean a map which is designed to be placed on record in the Office of the County Recorder for any sub- division creating five (5) or more lots, five (5) or more condominiums, or a community apartment project containing five (5) or more lots, except for those subdivisions which comply with the provisions of subsections (a), (b), (c), or (d) of Section 66426 of the Government Code. (e) "Government Code" shall mean the Government Code of the State. If at any time any of the sections of the Government Code referred to in this Ordinance are redesignated by a new number, such new number shall thereupon be deemed substituted for such old number where- ever the same appears in this Ordinance. (f) "Lot" or "lots" are terms used to designate each separate lot or parcel created or proposed to be created by the division of land. (g) "Parcel" or "parcels" are terms used to refer to the land proposed to be divided as it existed prior to such division of land. (h) "Parcel map" shall mean a map which is designed to be placed on record in the Office of the County Recorder for any sub- division creating four (4) or fewer lots or five (5) or more lots if the subdivision complies with the provisions of subsections (a), (b), (c), or (d) of Section 66426 of the Government Code. (i) "Person adversely affected" shall mean: (1) Any person owning or occupying real pro- perty any portion of which is located within the City; (2) Any public agency; and, (3) Any public utility. Ordinance No. 28 -2- (j) "Recognized parcel" shall mean: (1) Any lot or parcel which was a separate lot or parcel of record on December i, 1977, as shown in the official records of the County Recorder; or, (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; or, (3) Any lot or parcel which at the time of annex- ation to the City is a separate lot or parcel of record, as shown in the official records of the County Recorder. (k) "Subdivision Map Act" shall mean Division 2 of Title 7 of the Government Code, which pertains to the regulation of subdivisions. (1) "Substandard lot" shall mean any lot which does not meet the minimum dimension or area requirements for the zone in which it is located and for which no variance has been obtained. In determining the minimum lot area or dimensions, the area of any easement which restricts the normal usage of the lot may be excluded. (m) "Tentative map" shall mean a map ~epared for the purpose of showing the design of the proposed subdivision and the existing conditions in and around it. A tentative map need not be based upon an accurate or detailed field survey. (n) "Tentative parcel map" shall mean a tentative map for a proposed subdivision creating four (4) or fewer lots or five (5) or more lots which comply with the provisions of subsections (a), (b), (c), or (d) of Section 66426 of the Government Code. (o) "Tentative tract map" shall mean a tentative map for a proposed subdivision creating five (5) or more lots, five (5) or more con- dominiums, or a community apartment project containing five (5) or more lots, except for those subdivisions which comply with the provisions of subsections (a), (b), (c), or (d) of Section 66426 of the Government Code. (p) "Tract map" is a term which may be used as a synonym for the term "final map". (q) "Unrecognized parcel" shall mean any lot or parcel which is not a recognized parcel. (r) "Engineering Division" shall mean the Engineering Division of the Community Development Department. SECTION 1.3. Time. In all cases where this Ordinance or the Sub- division 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 1.4. Reports on General Plan Conformance. Any report as to conformity to the General Plan, which is required by reason of the provisions of Section 65402 of the Government Code, may be made at the same time as, and included as part of, the action taken by the officer or agency having the authority to approve, conditionally approve, or disapprove the tentative map. SECTION 1.5. Services and Permits. No new City service or utilities shall be provided to, and no City permit whill 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 a length of time as he shall deter- mine if he finds such action is necessary to protect the public health and safety. SECTION 1.6. Exclusions. Ail portions of the recognized parcels pro- posed to be divided shall be included in and identified by number on each map required or permitted by the Subdivision Map Act or this Ordinance, except in the following cases: -3- Ordinance No. 28 (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 con- structive knowledge that the same was an unrecognized parcel shall be deemed a subdivider who created the unrecognized parcel. SECTION 1.7. Reports. Any report required or permitted by this Ordinance or the Subdivision Map Act shall be maintained as a public record by the City for five (5) years after the recordation or waiver of the map to which such report pertains. A copy of any such report shall be served on the subdivider at least three (3) days prior to any further action being taken with respect to the map to which the report pertains. SECTION 1.8. Evidence of Ownership ReQuired at the Time of Filin8 Any Tentativ% 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 1.9. Improvement Plans. An improvement plan conforming in format and content to the standards of the City and the requirements of the City Engineer shall be furnished by the subdivider for all the required improvements for any division of land. No construction shall be commenced until the improvement plan has been approved by the City Engineer and until the subdivider has secured all the permits required for such work. Any improvemnt plan approved by the City Engineer, upon the affixing of his signature thereon, shall become a public record of the City and shall be filed in the Office of the City Engineer. The Community Development Department may have approved improvement plans available for certain sections of the City which will be provided to sub- dividers for a fee as established by resolution of the Council. The standards referred to in this section are contained in the Standard Specifications and Drawings on file in the Office of the City Clerk. SECTION 1.10. 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 1.11. 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 1.12. Fees. (a) Fees for the processing of any map or applica- tion referred to in this Ordinance shall be as from time to time estab- lished by resolution of the Council. (b) No such map or application shall be filed or accepted for processing until the processing fee therefor is paid. SECTION 1.13. Severability. If any section, subsection, sen- tence, 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 por- tions of this Ordinance, it being hereby expressly declared that this Ordinance No. 28 -4- Ordinance, and each section, subsection, sentence, clause, or phrase thereof, would have been prepared, proposed, adopted, approved, and ratified ir- respective of the fact that one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. ARTICLE 2. PARCEL MAPS SECTION 2.1. Application. Unless otherwise specifiec in this Ordi- nance, only the provisions of this Article and Articles 1 and 7 of this Ordinance shall apply to those subdivisions creating four (4) or fewer lots and those subdivisions described in subsections (a), (b), (c), or (d) of Section 66426 of the Government Code. SECTION 2.2. Parcel Maps Required. A parcel map is required for all subdivisions creating four (4) or fewer lots, and those subdivisions des- cribed in subsections (a), (b), (c), or (d) of Section 66426 of the Govern- ment Code, unless a parcel map is waived as provided in this Article. SECTION 2.3. Special Provisions: Subdivisions Described in Sub- section (a) of Section 66426 of the Government Codp. No application for a parcel map for a subdivision described in subsection (a) of Section 66426 of the Government Code shall be accepted unless all off-site improvements are in existence and have been accepted for main- tenance by the City. SECTION 2.4. Tentative Parcel Maps: Required. A tentative parcel map shall be required in all cases where a parcel map is or may be required by the provisions of this Ordinance or the Subdivision Map Act. SECTION 2.5. Tentative Parcel Maps: Applications: Filing: Requests for Waivers. (a) Tentative parcel maps shall be filed with the City Engineer. (b) All tentative parcel maps 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 City Engineer. (c) If the subdivider requests the waiver of a parcel map, the subdivider shall submit a written request for the waiver of the parcel map at the same time as the tentative parcel map is filed. The number of copies of the request for the waiver of a parcel map, and the form and content thereof, shall be as from time to time established by the City Engineer. SECTION 2.6. Tentative Parcel Maps: Form and Content. Tentative parcel maps shall be legibly drawn on one or more sheets eighteen inches (18") by twenty-six inches (26") in size. Tentative parcel maps shall contain the following information: (a) The boundary lines and a legal description of the parcels; (b) The zoning of the area shown on the map. If the area is situated in more than one zone, zone boundaries shall be shown; (c) The area of the parcels shown in acres or square feet; (d) The lengths of the boundary lines of all lots; (e) The area of each lot shown in acres or square feet; (f) Each lot shall be designated by a number; (g) The name, location, and width of all public streets and other public rights-of-way which abut upon or cross the parcels; -5- Ordinance No. 28 (h) The location, and a description, of all exist- ing structures within the boundaries of the parcels; (i) The location and identity of all water and sewer lines providing service to the parcels; (j) If a waiver of a parcel map is requested, or if the subdivider desires to submit a parcel map not based upon a field survey, the tentative parcel map shall show information from which it can be determined that sufficient survey information exists on filed maps to locate and retrace the exterior boundaries of the parcel map and that at least one of the boundary lines is a line between two existing monuments of record; (k) The names, addresses, and telephone numbers of the subdivider, the person who prepared the map, and all owners of record of the parcels; and, (1) The date of preparation, the orientation, and the scale of the map. SECTION 2.7. Tentative Parcel Maps: Investigations, Reports, and Action by the City Engineer. (a) The City Engineer and Community Development Director shall review the tentative parcel map to determine if it com- plies with all the applicable provisions of this Code and the Subdivision Map Act. The City Engineer shall inspect the site of the proposed sub- division and shall conduct such further investigations as he shall deem necessary. (b) Following his investigation, the City Engineer shall prepare a report on the proposed subdivision. Such report shall contain, but need not be limited to, the following: (1) A statement of any reason for the dis- approval of the tentative parcel map; (2) A statement of any condition of approval of the tentative parcel map, including dedications and improvements, if any; (3) A statement as to what improvements, if any, shall be constructed prior to the issuance of a permit or other grant of approval for the development of any lot and the reasons there- for; and, (4) If a waiver of a parcel map has been requested, the report shall also contain a statement that the conditions for a waiver, as set forth in Section 2.13 of this Article, have been met, or, alternatively, a statement of the reasons why a parcel map is requested, the City Engineer shall determine, within the same period, whether the parcel may be waived. (c) The City Engineer shall approve, conditionally approve, or disapprove a tentative parcel map within fifty (50) days after its submission but not less than three (3) days after his report is served on the subdivider. If a waiver of a parcel map is requested, the City Engineer shall determine, within the same period, whether the parcel may be waived. SECTION 2.8. Tentative Parcel Maps: Disapproval. (a) The City Engineer shall disapprove a tentative parcel map for those subdivisions described in subsection (a), (b), (c), or (d) of Section 66426 of the Government Code if he makes any of the findings enumerated in subsections (a) through (g), inclusive, of Section 66474 of the Government Code. Ordinance No. 28 -6- (b) The City Engineer may disapprove a tentative par- cel map, or refuse the waiver of a parcel map, for any subdivision contain- ing four (4) or fewer lots if he makes any of the findings enumerated in subsections (a) through (g), inclusive, of Section 66474 of the Government Code. SECTION 2.9. Dedications. (a) Dedications or irrevocable offers of dedication of rights-of-way and easements, intended for public use, shall be required as a condition of the approval of a parcel map, or the waiver thereof, in the following cases: (1) Such dedication is necessary for the present or future construction or widening of any street in accordance with the Master Plan of Streets and Highways; (2) Such dedication is necessary for the present or future construction of any street to provide public access to each lot; and, (3) Such dedication is necessary for the present or future construction of allimprovements to provide public utility service to each lot. (b) The City Engineer is authorized to determine to necessity of dedications and to designate the land to be dedicated. (c) In any case where dedications or offers of ded- ications are required, the dedications or offers of dedication may be pre- sented to the Council at the same time the parcel map is presented to the Council for approval or at any earlier time. The Council shall take action with respect to such dedications or offers of dedication in accordance with the provisions of Section 66477.1, 66477.2, and 66477.3 of the Government Code. (d) The acceptance of offers of dedications shall not be effective until the parcel map is filed in the Office of the County Recorder or a resolution of acceptance by the Council is filed in such office. SECTION 2.10. Removal of Encroaching Structures. (a) The demolition or removal, 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 may be required as a con- dition of the approval of a parcel map or the waiver thereof. (b) Such demolition or removal may be postponed until such time as such street is constructed or widened. (c) In the event the destruction or removal of an en- croaching structure is required, and such requirement is postponed, such lack shall be noted on the parcel map or upon the certificate of complicance if a parcel map is waived. SECTION 2.11. Soils Reports. The City Engineer may require a pre- liminary soils report prepared in accordance with the provisions of Section 66490 of the Government Code. SECTION 2.12. Improvements: Postponing Construction: Improvement Security: Procedures. (a) 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 condi- tion of the approval of a parcel map or the waiver thereof: (1) Asphaltic concrete pavement; -7- Ordinance No. 28 (2) Concrete curbs and gutters; (3) Concrete sidewalks; (4) Street lights; (5) Street trees; (6) Concrete drive approaches; and, (7) Reinforced concrete storm drains (b) The City Engineer may waive the requirement of sidewalks for lots in Industrial Zones if he finds that such sidewalks are not necessary for public safety. (c) The City Engineer may require the construction of such other improvements which are, because of the nature, location, or use of the property, necessary for the protection of public health or safety. (d) Unless the City Engineer finds that the cons- truction 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 post- poned until such time as a permit or other grant of approval for the development of a lot is issued. (e) Any requirement for the construction of improve- ments, and any postponement of such requirement, may be made on a lot by lot basis for each lot in the subdivision. (f) The Council hereby finds that it is necessary for reasons of public health and safety that ail off-site improvements be constructed within a period of nine (9) months following the record- ation of a parcel map for each lot upon which there exists a building or other usable structure at the time of such recordation. (g) No parcel map shall be transmitted by the City Clerk, in accordance with subsection (a) of Section 66464 of the Govern- ment Code, until either: (1) All 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 pur- suant to subsection (b) of this section, have been constructed or the in lieu fees have been paid; or, (2) The subdivider has entered into an agree - ment with the City providing for the construction of the improvements, at the subdivider's expense, within a period of nine (9) months and has furn- ished security in connection with the performance of such agreement pur- suant to the provisions of Section 5.6 of Article 5 of this Ordinance. SECTION 2.13. Waivers of Parcel Maps: Certificates of Compliance. (a) The City Engineer may waive the requirement for a parcel map if all of the following conditions are met: (1) The subdivider has requested a waiver as provided in this Article; (2) A field survey is not required; (3) No dedications are required; (4) The parcel map is not for the purpose of causing a reversion to acreage; Ordinance No. 28 -8- (5) The City Engineer finds that the division of land complies with such requirements as may have been established by the Subdivision Map Act and any law of the City enacted pursuant there- to as to area, improvement and design, flood water drainage control, appropriate approved public roads, sanitary disposal facilities, water supply availability, and environmental protection; and, (6) A parcel map is not otherwise necessary for reasons of public health or safety. (b) If the City Engineer waives a parcel map, he shall issue a certificate of compliance for each lot created by the divis- ion of land. The fee for recording the certificates of compliance shall be paid by the applicant. (c) Requirements for the construction of improve- ments shall be noted on the certificate of compliance. SECTION 2.14. Appeals (a) A subdivider may appeal any action of the City Engineer with respect to a tentative parcel map or a parcel map to the Appeal Board. (b) A subdivider or the City Engineer may appeal from the action of the Appeal Board to the Council. (c) The procedures for processing, hearings, and decisions of such appeals shall be as set forth in Section 66452.5 of the Government Code. SECTION 2.15. Parcel Maps: Form and Content. (a) Parcel maps shall: (1) Conform to ail of the provisions of Sec- tion 66445 of the Government Code; (2) Be based upon a field survey made in con- formity with the Land Surveyor's Act unless the City Engineer has prev- iously determined that the conditions set forth in Section 66448 of the Government Code, under which a field survey may be dispensed with, exist; (3) Contain the certificates required by Sec- tions 66449 and 66450 of the Government Code; (4) All required dedications or offers of ded- ication may be made by certificate on the parcel map or by separate instru- ment; and, (5) Requirements for the construction of improve- ments shall be noted by certificate on the parcel map. SECTION 2.16. Filing Parcel Maps for Approval: Approval or Disap- proval. (a) A parcel map conforming to the approved or con- ditionally approved tentative parcel map may be filed with the Council for approval after all the required certificates on such map have been signed. and, where necessary, acknowledged. (b) Unless the time is extended as provided in sub- section (c) of this section, an approved or conditionally approved tent- ative parcel map shall expire unless a parcel map is recorded within eigh- teen (18) months after the date on which such tentative parcel map was approved or conditionally approved. (c) Upon a written application of the subdivider, made prior to the expiration of an approved or conditionally approved tentative -9- Ordinance No. 28 parcel map, the City Engineer may extend the time for filing a parcel map for an additional period or periods, the total of which shall not exceed two (2) years. (d) The Council, within a period of ten (i0) days after the filing of the parcel map or at its next regular meeting after the meeting at which it receives the map, shall approve the parcel map if it conforms with all of the requirements of the Subdivision Map Act and this Ordinance and any rulings made thereunder or, if it does not so conform, disapprove the parcel map. ARTICLE 3. TENTATIVE TRACT MAPS SECTION 3.1. Filing. (a) Tentative tract maps shall be filed with the City Engineer. (b) Ail tentative tract maps 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 City Engineer. SECTION 3.2. Form and Content. 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. Tentative tract maps shall contain the following information: (a) The boundary lines and a legal description of the parcels; (b) The zoning of the area shown on the map. If the area is situated in more than one zone, zone boundaries shall be shown; (c) The area of the parcels shown in acres or square feet; (d) The lengths of the boundary lines of all lots; (e) The area of each lot shown in acres or square feet; (f) Each lot shall be designated by a number; (g) The location and identity of abutting tracts, other maps of public record, streets, and other public rights-of-way; (h) The location and identity of any existing struc- tures, utility lines, and easements within the boundaries of the parcels; (i) Any obstructions within five feet (5') of any existing parcel line or proposed lot line; (j) Any significant topographical feature inside the boundary or within 200 feet of the boundary lines of the parcels, includ- ing water and drainage courses, railroad lines, and the like; (k) The location and identity of all existing and proposed public utility easements; (1) The layout of the proposed streets, alleys, and other rights-of-way, with approximate grades and a general drainage plan; (m) The location, size, and approximate grades of sewers and drains; (n) The approximate contour lines; (o) The names, addresses, and telephone numbers of Ordinance No. 28 -10- the subdivider, the person who prepared the map, and all owners of re- cord of the parcels; and, (p) The date of preparation, the orientation, and the scale of the map. SECTION 3.3. City Engineer: Investigations and Reports. The City Engineer 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 shall inspect the site of the proposed subdivision and shall conduct such further investigations as he shall deem necessary. The City Engine~ shall prepare a report on the tentative tract map which report shall co~ain, 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 accord- ance with the guidelines for the implementation of the Environmental Quaility 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 subdivion, if it is proposed that the sub- division shall discharge waste into such existing community sewer system; (f) The recommended dedications; (g) The recommended improvements; and, (h) Other recommended conditions of approval. SECTION 3.4. Development Advisory Board: Investigations and Re- ports. Upon the completion of the City Engineer's report, the tentative tract map and the City Engineer's report shall be transmitted to the Development Advisory Board for further investigation and report. The Development Advisory Board shall conduct such further investigations as it shall deem necessary. The Development Ad- visory Board shall prepare a report on the tentative tract map and the pro- posed subdivision which report shall include, but need not be limited to, the following: (a) A statement that it concurs with the report of the City Engineer or, alternatively, an itemization of such portions of the report of the City Engineer not concurred in, and its recommendations with respect thereto; (b) A statement that the tentative tract map is con- sistent with all applicable general and specific plans or, alternatively, a statement detailing any inconsistencies; (c) A statement that the design or improvement of the proposed subdivision is consistent with ail applicable general, and specific plans or, alternatively, a statement detailing any inconsistencies; (d) A statement that the site is physically suitable -11- Ordinance No. 28 for the type of development proposed or, alternatively, a statement of the reasons why the site is not physically suitable; (e) A statement that the design of the subdivision or the proposed improvements are not likely to cause substantial environ- mental damage or substantial and avoidable injuries to fish and wildlife or their habitat or, alternatively, a statement detailing such damages or injuries which may result from the design of the subdivision or the type of improvements; (f) A statement that the design of the subdivision or the type of improvements is not likely to cause serious public health problems or, alternatively, a statement detailing those serious public health problems which are likely to result from the design of the sub- division or the type of improvements; (g) A statement that the design of the subdivision or the type of improvements will not conflict with any easement acquired by thepublic at large, then of record, for access through or the use of the property within the proposed subdivision or, alternatively, a state- ment as to the nature of any such conflict, together with a recommenda- tion as to the adequacy of any alternative easement proposed to be dedicated by the subdivider; and, (h) Any additional or alternative conditions of approval reco~m~ended by the Development Advisory Board. SECTION 3.5. Action of the Advisory Agency. (a) Within fifty (50) days after the submission of the tentative tract map, the Advisory Agency shall consider the tentative tract map, together with the reports of the City Engineer and the Development Advisory Board, and shall approve, conditionally approve, or disapprove the tentative tract map. (b) If the tentative tract map is conditionally approved, the Advisory Agency, within ten (10) days following its action, shall notify the subdivider in writing of those conditions which must be met prior to filing a final map. SECTION 3.6. Disapproval. (a) The Advisory Agency shall disapprove a tent- ative tract map if it makes any of the findings enumberated in sub- section (a) through (g), inclusive, of Section 66474 of the Government Code. (b) The Advisory Agency may disapprove a tent- ative tract map 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. SECTION 3.7. Soils Report. (a) The City Engineer may waive a preliminary soils report if he shall determine that, due to the knowledge the City has as to the soil qualities of the soils of the subdivision, no prelim- inary analysis is required. (b) 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. (c) Ail soils investigations which are required shall be done by a civil engineer, registered in the State, who shall recommend the corrective action which islikely to prevent structural damage to each structure proposed to be constructed in the area where such soil problems exist. Ordinance No. 28 -12- SECTION 3.8. Appeals: Action of the Advisory Agency. (a) The subdivider may appeal any action of the Ad- visory Agency to the Council. (b) Any interested person adversely affected by an action of the Advisory Agency may file a complaint with the Council con- ce rning such action. (c) The procedures for processing, hearings, and decisions of such appeals or complaints shall be as set forth in Section 66452.5 of the Government Code. ARTICLE 4. DEDICATIONS SECTION 4.1. General. As a condition precedent to the approval and acceptance of a final map, the Advisory Agency, at the time it takes action on the tentative tract map, may require dedications or irrevocable offers of dedication of real property within the subdivision for streets, alleys, including access rights and abutters' rights, drainage, public utility easements, and other public easements. The location and amount of the pro- perty to be dedicated or to be subject to such irrevocable offers of ded- ication, and thepurposes therefor, shall be as determined by the Advisory Agency. SECTION 4.2. Bicycle Paths. If the Advisory Agency requires the sub- divider 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 additioanl land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision. SECTION 4.3. Equestrian Trails. If the Advisory Agency requires 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 4.4. Transit Facilities. The Advisory Agency may require dedications or irrevocable offers of dedication of land within the subdiv- ision 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 capcity 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 made, availiable to such subdivision. SECTION 4.5. Elementary Schools. Upon the written request of the San Bernardino County Board of Education, or the governing board of any school district in which the subdivision is located in whole or in part, the Council may require, as a condition precedent to the approval and rec- ordation of any final map, that the subdivider dedicate to the school dis- trict or districts in which such subdivision is located such land as the Council shall deem necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the sub- division adequate public school service. If such dedication is required, the provisions of Section 66478 of the Government Code shall apply thereto. SECTION 4.6. Waivers of Direct Access. The Advisory Agency may require that the dedications or offers of dedication of streets include a waiver of the direct access rights to any such street from any property shown on a final map as abutting thereon. -13- Ordinance No, 28 ARTICLE 5. IMPROVEMENTS SECTION 5.1. General. As a condition precedent to the approval and acceptance of a final map, the Advisory Agency, at the time it takes action on the tentative tract map, may require the construction or in- stallation, at the subdivider's expense, of such street work, utilities, landscaping, and other improvements as the Advisory Agency determines are necessary for the general use of the lot owners in the subdivision or for local neighborhood traffic and drainage needs. SECTION 5.2. Supplemental Capacity. The Advisory Agency may also require that improvements installed by the subdivider for the benefit of the subdivision contain a supplemental size, capacity, or number for the benefit of property not within the subdivision and that such improvements be dedicated to the public. SECTION 5.3. Reimbursements for Supplemental Capacity. (a) In the event the improvements constructed by the subdivider are required to contain a supplemental capacity for the benefit of property not within the subdivision, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. (b) In order to pay the costs required by a re- imbursement agreement, the City shall collect from other persons, in- cluding public agencies, using such improvements for the benefit of real property not within the subdivision a reasonable charge for such use. SECTION 5.4. Environmental Protection Improvements. As a con- dition precedent to the approval and acceptance of a final map, and at the time it takes action on the tentative tract map, the Advisory Agency may require the subdivider to install or construct such other improve- ments as it deems necessary to: (a) Provide for the quiet and safe use and enjoy- ment of the property by the occupants of the subdivison; (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. SECTION 5.5. Assessment Districts. As a condition precedent to the approval and acceptance of any final map, and at the time it takes action with respect to a tentative tract map, the Advisory Agency may require the subdivider to agree to the formation of an assessment district or districts under the Landscaping and Lighting Act of 1972. SECTION 5.6. Construction: Improvement Security. (a) No final map shall be transmitted by the City Clerk in accordance with subsection (a) of Section 66464 of the Govern- ment Code until either: (1) All improvements which are required as a condition of the approval of the final map have been constructed or the in lieu fees have been paid; or, (2) The subdivider has entered into an agree- ment 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 such case the subdivider shall be re- quired to furnish security in connection with the performance of such agreement, which security may be any of the types described in subsec- -14- Ordinance No. 28 tions (a), (b), and (c) of Section 66499 of the Government Code. (b) The estimated cost of the improvements shall be dtermined by the City Engineer. (c) Security to guarantee the performance of an improvement agreement shall be in the following amounts: (1) One hundred percent (100%) of the total estimated cost of the improvements, conditioned upon the faithful per- formance of the agreement; and, (2) An additional amount equal to one hundred percent (100%) of the total estimated cost of the improvements, securing payment to the contractor, his subcontractors, and those persons furn- ishing labor, materials, or equipment to them for the improvements. (d) Twenty-five percent (25%) of the security for the performance of the agreement shall be retained for a period of twelve (12) months after the acceptance of the improvements by the City to pay the costs of any repairs made necessary by reason of defective workmanship or materials. (e) Improvement security shall be released only in accordance with the provisions of subsections (a) and (b) of Section 66499.7 of the Government Code. Except as provided in this section, there shall be no partial release of improvement security. The City Engineer is authorized to release the improvement security in accord- ance with the provisions of this section. ARTICLE 6. CONDITIONS OF APPROVAL: MISCELLANEOUS SECTION 6.1. Dwelling Units: Health and Safety Items. As a con- dition precedent to the approval and acceptance of a final map for a residential subdivision, and at the time it takes action on the tenta- tive tract map, the Advisory Agency may require the subdivider to incor- porate into each dwelling unit such items as it deems necessary r the health and safety of the occupants thereof. Such items may inc. de, but need not be limited to, the following: (a) Fireplace chimney spark arresters; (b) Noise insulation; and, (c) Filtered air-conditioning. SECTION 6.2. Zoning. 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 Advisory Agency may require the subdivider to secure a change of zone to the most restrictive zone in which the pro- posed use is permitted. SECTION 6.3. Notices to Department of Real Estate. As a condi- tion precedent to the approval and acceptance of a final map for a res- idential subdivision, and at the time it takes action on the tentative tract map, the Advisory Agency may require that the subdivider advise the Department of Real Estae of the State of any matter which the Ad- visory Agency believes should be included in the public report to be issued by said Department with respect to the subdivision. SECTION 6.4. Installation of Landscaping and Irrigation Sys- tems: Assessment District. No certificate of occupancy shall be issued for a lot abutting upon a parkway in an assessment district until all the required landscaping and irrigation systems have been installed. Such installations may be in phases as determined by the Advisory Agency. SECTION 6.5. Maintenance of Landscaping and Irrigation Sys- tems: Assessment Districts. As a condition precedent to the approval and acceptance of a final map, and at the -15- Ordinance No. 28 time it takes action on the tentative tract map, the Advisory Agency may require the subdivider to maintain, at his own expense, all land- scaping and irrigation systems within a proposed assessment district until such time as the first assessment for the assessment district is palced on the County assessment roll. SECTION 6.6. Demolition. As a condition precedent to the app- roval and acceptance of a final map, and at the time it takes action on the tentative tract map, the Advisory Agency may require the de- molition or removal, 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. ARTICLE 7. IN LIEU PAYMBNTS SECTION 7.1. Establishement of In Lieu Payments. (a) The Council, by resolution, shall establish a payment schedule for payments in lieu of the installation of street lights and the planting of parkway trees. (b) The Council, by resolution, may establish payment schedules for payments in lieu of the installation or con- struction of any other improvements which may be required as a con- dition of a final or parcel map. SECTION 7.2. Payment of In Lieu Payments. (a) The Community Services Department shall deter- mine whether payments may be permitted in lieu of planting parkway trees. (b) The City Engineer shall determine whether pay- ments may be permitted in lieu of installing street lights, provided, however, no payment in lieu of installing street lights shall be per- mitted for any new residentail subdivision for which a final map is required. (c) The City Engineer shall determine whether pay- ments in lieu of the installation or construction of any other improve- ment, for which an in lieu payment is hereafter allowed, may be permitted. SECTION 7.3. Revolving Street Lighting Fund. (a) All payments made in lieu of installing street lights shall be deposited in the Revolving Street Lighting Fund. (b) Moneys deposited in the Revolving Street Light- ing Fund shall be used exclusively for the installation of new street lights. (c) At least annually the City Engineer shall sub- mit a report to the Council. Such report shall contain: (1) A listing of locations for which in lieu payments have been made which do not then have street lighting; (2) The sum of money on deposit in the Rev- olving Street Lighting Fund; and, (3) Recor~nendations as to the priority of locations for the construction of street lights. (d) The Council, by resolution, may order disburse- ments from the Revolving Street Lighting Fund for the installation of new street lights at any location for which in lieu payments have been made. Any such resolution shall designate the priority of locations, which priority need not be based upon the dates on which in lieu pay- ments were made. Ordinance No. 28 -16- SECTION 7.4. Parkway Tree In Lieu Payments. (a) Ail payments made in lieu of planting park- way trees shall be maintained in a separate account for each subdivi- sion concerned and shall be expended only for the planting of parkway trees for each such subdivision, except as provided in subsection (c) of this section. (b) The quantity, variety, and location of park- way trees shall be determined by the Community Services Department. (c) If, prior to the planting of parkway trees by the City, parkway trees are planted on any lot by the owner thereof, or if the owner of any lot requests in writing that a parkway tree not be planted on his lot, then any portion of the parkway tree in lieu pay- ment of a subdivision not expended for tree planting by reason thereof may be used by the City for any purpose. ARTICLE 8. MONUMENTS SECTION 8.1. Monuments Required. No final map shall be trans- mitted by the City Clerk in accordance with subsection (a) of Section 66464 of the Government Code until: (a) All monuments required by Section 66495 of the Government Codes have been set; or, (b) The subdivider has complied with the provis- ions of Section 66496 of the Government Code with respect to those int- erior monuments which have not been set. SECTION 8.2. Monument Security. Security for the cost of set- ting such monuments shall be the estimated cost thereof as determined by the City Engineer. ARTICLE 9. UNDERGROUND UTILITIES SECTION 9.1. Undersround Placement Required. Except as other- wise provided in this Article, all utilities shall be placed underground. SECTION 9.2. Application. (a) The provisions of Section 9.1 of this Article shall apply only to new residential subdivisions for which a final map is required. (b) The provisions of Section 9.1. of this Article 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 con- trol 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 9.3. Waivers. The Advisory Agency may waive or modify the requirements of Section 9.1 of this Article if topographical, soil, or other conditions make compliance therewith unreasonable or impractical. -17- Ordinance No. 28 ARTICLE 10. FINAL MAPS SECTION 10.1. Form and Content: Processing. The form and con- tent of final maps, the certificates required on the same, and the manner of the processing thereof shall be as specified in the Subdivision Map Act. SECTION 10.2. Time of Filing~ Extensions~ and Conditions. (a) Unless time is extended as provdied in subsec- tion (b) of this section, an approved or conditionally approved tentative tract map shall expire unless a final map is recorded within eigthteen (18) months after the date on which such tentative tract map was app- roved or conditionally approved. (b) Upon a written application of the subdivider made prior to the expiration of an approved or conditionally approved tentative tract map, the Advisory Agency may extend the time for filing a final map an additional perior or periods, the total of which shall not exceed two (2) years. (c) As a condition of granting an extension of time pursuant to subsection (b) of this section, The Advisory Agency may revise or impose additional conditions of approval to insure that ail improvements will be in compliance with the standards of the City in effect at the time such extension is granted. (d) No final map shall be filed for approval prior to the expiration of the time for an appeal or the filing of any com- plaint or, if such appeal or complaint is filed, prior to the final disposition thereof. ARTICLE 11. REVERSIONS TO ACREAGE SECTION 11.1. Reversions by Filing Parcel Maps. When permitted by Section 66499.20-1/2 of the Government Code and subject to the con- ditions thereof, reversions to acreage shall be accomplished by the filing of a parcel map in accordance with the provisions of this Ord- inance pertaining to parcel maps. ARTICLE 12. CERTIFICATES OF COMPLIANCE SECTION 12.1. Authority of the City Engineer. The City Engineer is authorized to issue or deny the issuance of a certificate of compl- iance. SECTION 12.2. Filing: Applications. (a) Applications for certificates of compliance shall be filed with the City Engineer. (b) The form and content of applications for certificates of compliance shall be as from time to time established by the City Engineer. SECTION 12.3. Grounds for Denial. The City Engineer shall deny the issuance of a certificate of compliance if he finds that the division of the property did, or does, not comply with all the applicable provi- sions of the Subdivision Map Act and this Ordinance or the provisions of any applicable law in effect at the time the division took place. SECTION 12.4. Appeals. (a) An applicant may appeal a decision of the City Engineer denying the issuance of a certificate of compliance to the Appeal Boards. (b) The procedures for processing, hearings, and decisions of such appeals shall be as ,et forth in Section 66452.5 of the Government Code. Ordinance No. 28 -18- ARTICLE 13. LOT LINE ADJUSTMENTS SECTION 13.1. Procedure Established by Resolution. The procedure for obtaining the approval of a lot line adjustment shall be as estab- lished from time to time by resolution of the Council. PASSED, APPROVED and APO?TED this 21st day of June, 1978. City of Rancho Cucamonga ATTEST: