HomeMy WebLinkAbout698ORDINANCE NO. 698
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE UPDATING TITLE 16 (SUBDIVISIONS) OF THE
CITY OF IRWINDALE MUNICIPAL CODE (IMC) AND
REPEALING ORDINANCE NOS. 63, 359, 392 AND 523
RECITALS
WHEREAS, upon incorporation in 1957, The City of Irwindale adopted relevant
provisions of the Los Angeles County Subdivision Ordinance as its local Subdivision
Ordinance;
WHEREAS, the Subdivision Ordinance was initially adopted by the City Council in
1959 via Ordinance No. 63; and subsequently amended in 1982 and in 1986 via
Ordinance Nos. 359 and 392;
WHEREAS, Ordinance No. 359 added sections to the Subdivision Ordinance
pertaining to lot line adjustments;
WHEREAS, Ordinance No. 392 established regulations for vesting tentative maps
for residential subdivisions;
WHEREAS, Ordinance No. 523 required submission of fees for subdivision
applications;
WHEREAS, this Subdivision Ordinance Update has been prepared to conduct a
comprehensive review of Title 16 (Subdivisions) to ensure compliance with the
Subdivision Map Act; and internal consistency with all sections of the Subdivision
Ordinance, and within Title 17 (Zoning) of the Irwindale Municipal Code;
WHEREAS, this Subdivision Ordinance Update includes regulations that identify the
procedures and requirements for filing, reviewing, processing, approving and
implementing subdivision applications;
WHEREAS, pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA) of 1970, as amended, and the City of Irwindale
environmental guidelines, the City, as the Lead Agency, has analyzed the project and
has determined that the project is exempt per the general rule from the provisions of
CEQA pursuant to Section 15308 of the CEQA Guidelines, in that the proposed action
is taken by a regulatory agency, as authorized by the state of local ordinance, to assure
the maintenance, restoration, enhancement, or protection of the environment where the
regulatory process involves procedures for protection of the environment. The purpose
of the Subdivision Update is to ensure that Title 16 (Subdivisions) is in compliance with
the Subdivision Map Act and Title 17 (Zoning) of the IMC, and as such is determined to
be exempt from CEQA pursuant to Section 15308. Subject to approval of the project by
the City Council, a Notice of Exemption will be prepared by the Lead Agency and filed
Ordinance No. 698
Page 1
with the Office of the Registrar-Recorder/County Clerk, County of Los Angeles based
upon these findings;
WHEREAS, this Subdivision Ordinance Update is found to be consistent and
compatible with the Subdivision Map Act, internally consistent with all sections of the
Subdivision Ordinance, and consistent with Title 17 (Zoning) of the IMC;
WHEREAS, on August 19, 2015, the Planning Commission held a duly noticed
public hearing on the subject ordinance and adopted Resolution No. 664(15)
recommending that the City Council approve Ordinance No. 698, thus updating Title 16
(Subdivisions) of the City of Irwindale Municipal Code;
WHEREAS, on September 23, 2015, the City Council held a duly noticed public
hearing on this Ordinance, considered all testimony and documentary evidence and
introduced for first reading this Ordinance, with the second reading scheduled on
October 14, 2015; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
ORDINANCE
NOW, THEREFORE, the City Council of the City of Irwindale hereby does ordain
as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in
the above recitals are true and correct.
SECTION 2. Based upon substantial evidence presented to this City Council during the
public hearing conducted with regard to this Subdivision Ordinance Update, including
written staff reports and verbal testimony, this City Council hereby specifically finds,
pursuant to Government Code Section 65855 and Section 17.84.010 of the IMC, as
follows:
a. That the proposed Subdivision Ordinance Update ensures compliance
with the Subdivision Map Act; and internal consistency with all sections of
the Subdivision Ordinance, and with Title 17 (Zoning) of the Irwindale
Municipal Code.
b. The proposed Subdivision Ordinance Update is necessary and in the
public interest because the current Subdivision Ordinance is not in
compliance with the Subdivision Map Act and is inconsistent with the
current Zoning Code.
b. The City Council hereby specifically finds and determines that the project
as proposed is in compliance with the California Environmental Quality
Act (CEQA) of 1970, as amended, and the City of Irwindale
environmental guidelines. The City, as the Lead Agency, has analyzed
the project, and has determined that the proposed Code Amendment is
Ordinance No. 698
Page 2
PASSED, APPROVED, and ADOPTED this 14 th da,y-of Ocibber, 2015.
CAL
Mark Breceda, Mayor
exempt under the General Rule, Section 15308 of the CEQA Guidelines
in that the proposed action is taken by a regulatory agency, as authorized
by the state of local ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory
process involves procedures for protection of the environment. The
purpose of the Subdivision Update is to ensure that Title 16
(Subdivisions) is in compliance with the Subdivision Map Act and Title 17
(Zoning) of the IMC, and as such is determined to be exempt from CEQA
pursuant to Section 15308. Subject to approval of the project by the City
Council, a Notice of Exemption will be prepared by the Lead Agency and
filed with the Office of the Registrar-Recorder/County Clerk, County of
Los Angeles based upon these findings.
SECTION 3. The existing Subdivision Ordinance as enacted by the City Council by
Ordinance No. 63 and approved February 5, 1959 and the following subsequent
ordinances amending the Subdivision Ordinance, are hereby repealed:
a. Ordinance No. 63, approved by the City Council in 1959;
b. Ordinance No. 359, approved by the City Council on January 21, 1982;
c. Ordinance No. 392, approved by the City Council on January 23, 1986;
d. Ordinance No. 523 approved by the City Council in 1998.
SECTION 4. Based upon the substantial evidence and conclusions set forth herein
above and upon other oral evidence presented at the public hearing, the City Council
hereby adopts this Ordinance amending Title 16 (Subdivisions) of the Irwindale
Municipal Code, which specific provisions of the Subdivision Ordinance Update are
attached as Exhibit "A" and including renumbering existing provisions, amending
existing text, and adding new language, all as set forth in the new Title 16
(Subdivisions) of the City of Irwindale Municipal Code (1MC), and incorporated herein by
reference.
SECTION 5. If any section, subsection, subdivision, sentence, clause, or portion of this
ordinance, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause
the same to be published and/or posted at the designated locations in the City of Irwindale.
Ordinance No. 698
Page 3
ura M. Nieto, CMC
eputy City Clerk
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
SS.
CITY OF IRWINDALE
I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 698 was duly introduced at a regular meeting of the
Irwindale City Council held on the 23rd day of September 2015, and was duly approved
and adopted on second reading at its regular meeting held on the 14 th day of October
2015, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmenthers:
Councilmembers:
Councilmembers:
Ambriz, Miranda, Ortiz, Mayor Breceda
None
Garcia
None
ra M. Nieto, CMC
uty City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 698 adopted by the City Council of the
City crIrwkidale at its regular meeting held October 14, 2015 to be posted at the City Hall, Library, and Post Office on October 15,
2015
ra M. Nieto, CMC
puty City Clerk
Dated: /Oh Slic
Ordinance No. 698
Page 4
Title 16 Subdivisions
Contents
TITLE 16 SUBDIVISIONS 1
CHAPTER 16.01 GENERAL PROVISIONS 1
16.01.01. Purpose 1
16.01.02. Applicability 1
16.01.03. Definitions 2
16.01.04. Consistency with the Subdivision Map Act 6
16.01.05. Effect on Zoning Code Requirements 6
16.01.06. Responsibility for Administration 6
16.01.07. Review and Approval Authority 6
16.01.08. Exemptions and Exclusions 7
16.01.09. Processing and Filing Costs 8
16.01.10. Applications Deemed Approved 8
16.01.11. Notices 8
16.01.12. Concurrent Processing 9
16.01.13. Interpretations 9
16.01.14. Indemnification of City 9
16.01.15. Enforcement 10
CHAPTER 16.02. TENTATIVE MAP FILING AND PROCESSING 10
16.02.01. Applicability 12
16.02.02. Application Form, Contents, Supplementary Information 13
16.02.03. Evaluation of Application 15
16.02.04. Review and Decision 16
16.02.05. Findings 16
16.02.06. Recommendation and Hearing 17
16.02.07. Tentative Map Approval or Disapproval 17
16.02.08. Appeal of Commission Decision on a Tentative Map 18
16.02.09. Conditions of Approval 18
16.02.10. Effective Date of Tentative Map Approval 19
16.02.11. Expiration of Tentative Map Approval; Time Limits for Recording Final Map 19
16.02.12. Amendments or Corrections to Tentative Map or Conditions of Approval 19
16.02.13. Waiver of Parcel Map Requirements. 21
CHAPTER 16.03. VESTING TENTATIVE MAPS 22
16.03.01. Applicability 22
16.03.02. Procedures for Processing a Vesting Tentative Map 22
16.03.03. Expiration of Vesting Tentative Map 23
16.03.04. Changes to Approved Map or Conditions 23
16.03.05. Development Rights Vested 23
16.03.06. Duration of Vested Rights 24
CHAPTER 16.04. FINAL MAPS 25
16.04.01. Final Map Form and Content 25
16.04.02. Final Map Requirements 25
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16.04.03. Filing and Processing of Final Maps 26
16.04.04. Final Map Review and Approval 27
16.04.05. Multiple Final Maps 28
16.04.06. Supplemental Information Sheets 28
16.04.07. Recordation of Maps 29
16.04.08. Amendments or Corrections to Final or Recorded Maps 29
CHAPTER 16.05. CONDOMINIUM CONVERSIONS 30
16.05.01. Condominium Conversions 30
16.05.02. Application Filing and Processing 30
16.05.03. Approval of Conversion, Required Findings 31
CHAPTER 16.06. MERGERS 32
16.06.01. Merger not Required 32
16.06.02. Requirements for a Merger 32
16.06.03. Processing of Requested Merger 33
CHAPTER 16.07 LOT LINE ADJUSTMENTS 33
16.07.01. Applicability 33
16.07.02. Lot Line Adjustment Application and Processing 33
16.07.03. Approval or Denial of Lot Line Adjustment 34
16.07.04. Completion of Lot Line Adjustment 34
CHAPTER 16.08. CERTIFICATE OF COMPLIANCE 36
16.08.01. Application Contents 36
16.08.02. Review and Approval 36
16.08.03. Conditional Certificate of Compliance 37
CHAPTER 16.09. REVERSION TO ACREAGE 38
16.09.01. Petition Content and Form 38
16.09.02. Requirements 38
16.09.03. Approval Process 39
CHAPTER 16.10. DEDICATIONS AND IMPROVEMENTS; RESERVATIONS 40
16.10.01. Dedications and Improvements 40
16.10.02. Required Improvements 41
CHAPTER 16.11. IMPROVEMENT PLANS 42
16.11.01. Applicability 42
16.11.02. Submittal and Review of Plans 42
CHAPTER 16.12 STANDARDS FOR IMPROVEMENT 44
16.12.01. Purpose 44
16.12.02. Conformance to Street Plans Required 44
16.12.03, Streets and Highways 44
16.12.04. Improvements 45
16.12.05. Sanitary Sewers 45
16.12.06. Water Supply 46
16.12.07. Alleys 46
16.12.08. Utility Easements 46
16.12.09. Service Roads Requirements 47
16.12.10. Parking Areas 47
IF
16.12.11. Lots 47
16.12.12. Blocks 47
CHAPTER 16.13. EXCEPTIONS TO STANDARDS 48
16.13.01. Application 48
16.13.02. Filing and processing 48
16.13.03. Approval of exception 48
16.13.04. Conditions of Approval 49
CHAPTER 16.14. SITE PREPARATION AND SUBDIVISION CONSTRUCTION 49
16.14.01. Grading 49
16.14.02. Erosion and Sediment Control 50
CHAPTER 16.15. INSTALLATION OF IMPROVEMENTS 51
16.15.01. Timing of improvements 51
16.15.02. Inspection of Improvements 52
CHAPTER 16.16. IMPROVEMENT AGREEMENTS AND SECURITY 53
16.16.01. Contents of Improvement Agreement 53
16.16.02. Security Required to Guarantee Improvements 54
16.16.03. Time Extensions 55
16.16.04. Acceptance of Improvements 56
CHAPTER 16.17. SOILS REPORTS 56
16.17.01. Preliminary Soils Report Required 56
16.17.02. Form of Report 56
16.17.03. Preliminary Soils Report Waiver 57
16.17.04. Final Soils Report 57
16.17.05. Geologic Investigation and Report 57
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Title 16 Subdivisions
Chapter 16.01 General Provisions
Sections:
16.01.01. Purpose
16.01.02. Applicability
16.01.03. Definitions
16.01.04. Consistency with the Subdivision Map Act
16.01.05. Effect on Zoning Code Requirements
16.01.06. Responsibility for Administration
16.01.07. Review and Approval Authority
16.01.08. Exemptions and Exclusions
16.01.09. Processing and Filing Costs
16.01.10. Applications Deemed Approved
16.01.11. Notices
16.01.12. Concurrent Processing
16.01.13. Interpretations
16.01.14. Indemnification of City
16.01.15. Enforcement
16.01.01. Purpose
This Title is adopted to implement and supplement the provisions of the Subdivision Map Act, as defined
in Section 16.01.03 (Definitions). The regulations contained in this Title are intended to promote:
A. The creation of subdivisions which are consistent with and serve to implement the policies and
provisions of the City of Irwindale General Plan, Zoning Code, this Title, and any other ordinance,
statute or law pertaining to the use, sale, leasing or subdivision of land;
B. The conservation of open space;
C. The protection of property owners and surrounding residents;
D. The provision of orderly growth;
E. The provision of adequate traffic circulation, utilities and other services;
F. The protection and stabilization of property values; and
G. The preservation of the public health, safety and general welfare.
16.01.02. Applicability
A. The provisions of this Title shall apply to all subdivisions and related matters addressed in the
Subdivision Map Act for land within the City of Irwindale.
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B. All subdivisions shall be authorized through the approval of a map or other entitlement in
compliance with this Title.
16.01.03. Definitions
For the purposes of this Title, the following terms shall have the meanings shown below:
Adjacent Parcel: A parcel that directly touches at least one other parcel.
Alley. A public or private way, other than a street or highway, reserved as a means of vehicular access to
adjacent properties.
Applicant. A person, firm, corporation, partnership or association who proposes to divide, divides or
causes to be divided real property into a subdivision for himself/herself or for others, pursuant to this
Title.
California Environmental Quality Act (CEQA). Sections 21000 — 21189.3 of the California Public
Resources Code including the "Guidelines for California Environmental Quality Act," Sections 15000-
15387 of the California Code of Regulations, Title 3, Chapter 3.
Certificate of Compliance. A document recorded by the County Recorder, which acknowledges that the
subject parcel is considered by the City to be a legal lot of record.
City. The City of Irwindale.
City Engineer. The Director of Public Works/Engineering for the City of Irwindale.
Collector Road/Local Street. That system of roadways designated on the City's General Plan Roadway
Classification System as Collector Roads/Local Streets and having a total right of way width of not less
than sixty feet.
Commission. The Planning Commission of the City of Irwindale.
Community Apartment Project. A development in which an undivided interest in land is coupled with
the right of exclusive occupancy of any apartment located thereon
Community Development Department. A department of the City of Irwindale.
Community Development Director. The Director of the Department of Community Development of the
City of Irwindale.
Conditional Certificate of Compliance. A document used instead of a certificate of compliance to
validate a parcel that was not legally subdivided by means of applying conditions on the parcel such that
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the fulfillment and implementation of the conditions would be required prior to issuance of any permits
for any development of the parcel.
Condominium. An undivided interest in common in a portion of real property coupled with a separate
interest in space called a unit, the boundaries of which are described on a recorded final map, or
condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries
may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically
attached to land except by easements for access and, if necessary, support. The description of the unit
may refer to (1) boundaries described in the recorded final map, or condominium plan, (2) physical
boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or
any portion thereof, (3) an entire structure containing one or more units, or (4) any combination
thereof. The portion or portions of the real property held in undivided interest may be all of the real
property, except for the separate interests, or may include a particular three-dimensional portion
thereof, the boundaries of which are described on a recorded final map, or condominium plan. The area
within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and
need not be physically attached to land except by easements for access and, if necessary, support. An
individual condominium within a condominium project may include, in addition, a separate interest in
other portions of the real property.
Condominium Conversion. The conversion of rental units to common interest development including
condominium, community apartment or stock cooperative types of ownership.
Condominium Project. A real property development consisting of condominiums.
Contiguous Property. Property which adjoins or is adjacent to another property, whether or not it is
under the same or separate ownership, including properties separated by roads, streets, utility
easement or railroad rights-of-way.
County. The County of Los Angeles.
County Recorder. The County office that keeps records of official documents.
Development. The uses to which the land which is the subject of a map shall be put, the buildings to be
constructed on it, and all alterations of the land and construction incident thereto.
Design. Design includes (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 firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading;
3
(8) land to be dedicated for park or recreational purposes; and (9) such other specific physical
requirements in the plan and configuration of the entire subdivision as may be necessary to ensure
consistency with, or implementation of, the General Plan or any applicable specific plan.
Driveway. A private roadway or access providing direct vehicular access to an approved garage, parking
lot, or parking space.
Final Map. A recorded subdivision map which is in substantial conformance with an approved or
conditionally approved tentative tract map or tentative parcel map and which complies with the
provisions of Chapter 16.04. (Final Maps) of this Title.
Freeway. A highway in respect to which abutting lands have no right or easement of access to or from
such abutting lands. Service roads marginal to freeways shall themselves not be considered as freeways.
Improvement. Any street work and utilities to be installed, or agreed to be installed, by the applicant on
the land to be used for public or private streets, highways, ways 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. Improvement also refers
to any other specific improvements or types of improvements, the installation of which, either by the
applicant, by public agencies, by private utilities, by any other entity approved by the City or by a
combination thereof, is necessary to ensure consistency with, or implementation of, the General Plan or
any applicable specific plan.
Lot. An area of land under one ownership which is identified as a lot or parcel on a recorded final map,
record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line
adjustment. The terms lot and parcel are interchangeable for purposes of this Title.
Lot Line Adjustment. Any adjustment between two or more existing adjacent parcels where the land
taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than
originally existed is not thereby created in accordance with the provisions of this Title.
Lot Width. The horizontal distance, measured in feet, between the side lot lines measured at right
angles to the front lot line at a distance midway between the front and rear lot lines.
Major Highways. That system of roadways designated on the City's General Plan Roadway Classification
System as Major Highways and having a total right of way width of not less than one hundred feet.
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Merger. The process of creating one parcel from two contiguous parcels held by the same owner when
one of the parcels held by the same owner does not conform to Zoning Code standards for minimum
parcel size.
Municipal Code. The City of Irwindale Code of Ordinances, as amended from time to time.
Parcel. See "Lot."
Review Authority. The entity authorized to approve, conditionally approve or deny an application made
pursuant to this Title.
Right-of-way. A defined area of land on which a right of passage has been recorded.
Secondary Highways. That system of streets next in importance to major highways, designated on the
General Plan Roadway Classification System as Secondary Highways and having a total right of way
width of not less than eighty feet.
Stock Cooperative. A development in which a corporation is formed or availed of, primarily for the
purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or
substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a
portion of the real property, title to which is held by the corporation. The owners interest in the
corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be
deemed to be an interest in a common interest development and a real estate development.
Subdivision. The division by any applicant of any unit or units of improved or unimproved land, or any
portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units,
for the purpose of sale, lease or financing, whether immediate or future. Subdivision includes a
condominium project, a community apartment project, stock cooperative or a condominium conversion
as defined in this Title.
Subdivision Ordinance. Title 16 of the City of Irwindale Municipal Code, as most recently amended.
Subdivision Map Act. Title 7, Division 2, Section 66410 et seq. of the Government Code, State of
California.
Tentative Map. "See Tentative Tract Map or Tentative Parcel Map."
Tentative Tract Map/Tentative Parcel Map. A map made for the purpose of showing the design and
improvement of a proposed subdivision where a tentative tract map or a tentative parcel map is
required pursuant to Section 16.02.01, (Applicability) of this Title, and for showing the existing
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conditions in and around it but not necessarily based upon an accurate or detailed final survey of the
property (includes Vesting Tentative Map).
Vehicular Access Rights. The right of persons to gain entry or exit with a vehicle to or from a street or
driveway to or from adjacent or contiguous land.
Vesting Tentative Map. A tentative map which meets the requirements of Government Code, Section
66452, as amended, and Chapter 16.03, (Vesting Tentative Maps) of this Title.
Zoning Code. Title 17 of the Irwindale Municipal Code, as it may be amended from time to time.
16.01.04. Consistency with the Subdivision Map Act
In case of conflict between the provisions of this Title and those of the Subdivision Map Act, the latter
shall control.
16.01.05. Effect on Zoning Code Requirements
The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize
an exception or deviation from any zoning regulation inset forth in the Zoning Code, or as an approval to
proceed with any development in violation of other applicable provisions of the Municipal Code or other
applicable ordinances or regulations of the City.
16.01.06. Responsibility for Administration
The Community Development Director and City Engineer are authorized and directed to administer and
enforce the provisions of this Title except as otherwise provided for in this Title.
16.01.07. Review and Approval Authority
The duties, responsibilities, and authority for review by the Commission, City Engineer, and Community
Development Director, and appeal thereto, of each type of subdivision application are specified in Table
1."Review Authority for Subdivision Decisions." Decisions of the City Engineer and Community
Development Director may be appealed to the Commission. Actions taken by the Commission may be
appealed to the City Council. All appeals shall be made pursuant to the provisions set forth in the
Zoning Code.
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Table 1. Review Authority for Subdivision Decisions
Application
Review Authority
Community
Development
Director
City Engineer Commission City
Council
Subdivision
Ordinance
Section
Certificates of
Compliance Recommend Decision Appeal Appeal 16.08
Conditional
Certificates of
Compliance
Recommend Decision Appeal Appeal 16.08.03
Condominium
Conversions Recommend N/A Decision Appeal 16.05
Final Maps Recommend Recommend N/A Decision 16.04
Lot Line
Adjustments Decision N/A Appeal Appeal 16.07
Mergers Decision N/A Appeal Appeal 16.06
Reversions to
Acreage Review Recommend N/A Approve 16.09
Tentative Tract
Maps Recommend Recommend Decision Appeal 16.02
Vesting
Tentative Tract
Maps
Recommend Recommend Decision Appeal 16.03
Tentative
Parcel Maps Recommend Recommend Decision Appeal
16.02
Vesting
Tentative
Parcel Maps
Recommend Recommend Decision Appeal 16.03
Tentative Map
Extensions Recommend Recommend Decision Appeal 16.02.11
16.01.08. Exemptions and Exclusions
This Title does not apply to leases, conversions, transactions, conveyances or other acts which are
specifically designated as excluded pursuant to the Subdivision Map Act.
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16.01.09. Processing and Filing Costs
At the time an application is filed pursuant to this Title, funds sufficient to cover the estimated costs to
be incurred by the City in processing maps, plans and requests filed pursuant to the provisions of this
Title shall be paid to the City in compliance with the City's adopted fee schedule.
16.01.10. Applications Deemed Approved
Prior to issuance of a building permit or certificate of occupancy on any lot within the City, a subdivision
application shall be approved in compliance with the provisions of this Title.
16.01.11. Notices
Whenever a public hearing is held pursuant to this Title, notice of the time and place thereof, including a
general description of the location of the proposed subdivision, shall be given at least ten (10) calendar
days before the hearing, as outlined below. For purposes of this Section the ten (10) day notification
period shall not include the day of the hearing.
A. Mailing. Notice for all matters shall be mailed or delivered, through the U.S. Mail, to all of the
following:
1. The owners of the property being considered in the application, or the owners'
agent, and the applicant or the applicant's agent;
2. All owners of property located within a five hundred (500) foot radius, excluding
intervening rights-of-way and waterways, of the exterior boundaries of the subject
lot, as shown on the last equalized assessment roll or, alternatively, from other
records that contain more recent addresses. It shall be the responsibility of the
applicant to obtain and provide to the Community Development Department the
names and addresses of all owners required by this Section;
3. Any person or local agency who has filed a written request for notice with the
Community Development Director.
B. Posting of a Sign and Notice. Notice shall be posted at public locations as determined by the
Community Development Director.
C. Alternative to Mailing. If the number of property owners to whom notice would be mailed in
compliance with subsection A.2 of this Section is more than one thousand (1,000), the
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Community Development Director may choose to provide the alternative notice specified by
Government Code Section 65091 (a)(4).
D. Failure to Receive Notice. The failure of any person or entity to receive notice given in
compliance with this Section shall not invalidate the actions of the applicable review authority.
16.01.12. Concurrent Processing
The Community Development Director may at his/her discretion require that an application for a
tentative map or final map be reviewed concurrently with another discretionary application required for
a development or project. An applicant may request that applications for tentative and final maps be
processed concurrently with other development applications necessary to implement a development or
project. The concurrent processing of applications shall require the applicant to sign a waiver
acknowledging that:
A. Should changes be required to approve the tentative or final map requiring corresponding
revisions to the development applications being concurrently processed, the applicant is solely
responsible for any additional charges and costs incurred to make such revisions.
B. The charges accrued for the review of the original development applications prior to such
revisions to the tentative or final map will not be refunded.
C. The applicant may be required to file revised applications to conform to the approved tentative
or final map.
D. The Community Development Director may at his/her discretion require that tentative and final
maps submitted for concurrent review with another discretionary application requiring review
and approval by a higher review authority than that established for the tentative or final map be
reviewed and approved concurrently by the same higher review authority.
16.01.13. Interpretations
Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a
development, the Community Development Director shall render the interpretation.
16.01.14. Indemnification of City
As a condition of approval for any application made pursuant to this Title, the applicant shall be required
to defend, indemnify, and hold harmless, the City and its agents, officers, and employees from any
claim, action, or proceeding brought against the City or its agents, officers and employees to attack, set
9
aside, void, or annul, an approval by the Review Authority or the City Council of a subdivision pursuant
to the provisions of this Title. Such indemnification shall comport with the requirements of the City's
standard condition of approval for all subdivision maps.
16.01.15. Enforcement
Any person violating or causing the violation of any of the provisions of this Title shall be subject to the
enforcement provisions of this Section.
A. Denial of permit. No subdivision approval shall be granted or issued for any parcel of real
property which has been divided, or which has resulted from a division, in violation of the
provisions of this Title or the Subdivision Map Act that were applicable at the time such division
occurred, unless the Community Development Director finds that development of such real
property is not contrary to the public health, welfare or safety. A subdivision approval shall be
denied whether the applicant was the owner of the real property at the time of the violation or
whether the applicant is the current owner of the real property with, or without, actual or
constructive knowledge of the violation at the time of acquisition of the real property.
Whenever a permit or approval is sought to develop such real property, the department from
which the permit is sought shall notify the applicant that the permit cannot be granted because
of the illegal division of land, and shall advise the person that he/she may file an application
with the Community Development Director for a determination as to whether the development
of the property would not be contrary to public health or safety and for the possible issuance of
a certificate of compliance.
B. Notice of violation. Whenever the Community Development Director has knowledge that real
property has been divided in violation of the provisions of the Subdivision Map Act or of this
Title, he/she shall cause to be filed for record with the County Recorder notice of intention to
record a notice of violation, describing the real property in detail, naming the owners thereof,
describing the violation and stating that an opportunity will be given to the owner to present
evidence. Upon recording a notice of intention to record a notice of violation, the Community
Development Director shall mail a copy of such notice by certified mail to the owner of such
property. The notice shall specify a time, date, and the place at which the owner may present
evidence to the Community Development Department why such notice should not be recorded.
If, after the owner has presented evidence, it is determined that there has been no violation,
the Community Development Director shall file a release of the notice of intention to record a
10
notice of violation with the County Recorder. If, after the owner has presented evidence, the
Community Development Director determines that the property has, in fact, been illegally
divided, or within 60 days of receipt by the owner of the involved real property of a copy of the
notice of intention to record a notice of violation, the owner of the real property fails to inform
the Community Development Department as to why the involved real property has not been
illegally divided, the Community Development Department shall record the notice of violation
with the County Recorder. The notice of intention, to record a notice of violation and the notice
of violation, when recorded, shall be deemed to be constructive notice of the violation to all
successors in interest in such property.
C. Prohibition.
1. No person shall sell, lease or finance any parcel of real property or commence construction
of any building for sale, lease or financing thereof, or allow occupancy thereof, for which a
tentative and final map are required by this Title, except model homes, until one of the
following occurs at the discretion of the Community Development Director:
a. Such tentative map thereof, in full compliance with the provisions of this Title, has been
approved by the City; or
b. Such final map thereof, in full compliance with the provisions of this Title has been filed
for record by the County Recorder.
2. Conveyances of any part of a division of real property for which a final map is required by
this Title, shall not be made by parcel or block number, initial or other designation until such
final map has been filed for record by the County Recorder.
3. This Section does not apply to any parcel of a division offered for sale, lease or finance,
contracted for sale, lease or finance, or sold, leased or financed in compliance with or
exempt from this Title at the time the land division was established.
D. Procedures, remedies and penalties. In addition to any other remedies available to the City for
enforcement, the procedures, remedies and penalties for violation of this Title and for recovery
of costs related to enforcement are provided for in Sections 1.16.110 through 1.16.140 of the
Irwindale Municipal Code.
11
Chapter 16.02. Tentative Map Filing and Processing
Sections:
16.02.01. Applicability
16.02.02. Application Form, Contents, Supplementary Information
16.02.03. Evaluation of Application
16.02.04. Review and Decision
16.02.05. Findings
16.02.06. Recommendation and Hearing
16.02.07. Tentative Map Approval or Disapproval
16.02.08. Appeal of Review Authority Decision on a Tentative Map
16.02.09. Conditions of Approval
16.02.10. Effective Date of Tentative Map Approval
16.02.11. Expiration of Tentative Map Approval; Time Limits for Recording Final Map
16.02.12. Amendments or Corrections to Tentative Map or Conditions of Approval
16.02.13. Waiver of Parcel Map Requirements.
16.02.01. Applicability
This Chapter shall govern the filing requirements for the submittal of tentative maps, including maps for
financing and/or conveyance purposes. The type of tentative map required for a subdivision shall be as
specified below:
A. Tentative Tract Maps
A tentative tract map shall be required for all subdivisions creating five or more parcels, five or more
condominiums, a community apartment project containing five or more parcels, or for the
conversion of a dwelling to a stock cooperative containing five or more dwelling units, unless
otherwise excepted by the Subdivision Map Act.
B. Tentative Parcel Maps
A tentative parcel map shall be required for all other subdivisions as follows:
1. A subdivision creating four or fewer parcels.
2. A subdivision containing less than five acres before the subdivision where each parcel
created by the division abuts upon a maintained public street or highway, and no
dedications or improvements are required by the legislative body.
3. A subdivision where each parcel has a gross area of 20 acres or more and has an approved
access to a maintained public street or highway;
12
4. A subdivision consisting of a parcel or parcels of land having approved access to a public
street or highway, which comprises part of a tract of land zoned for industrial or commercial
development, and which has the approval of the governing body as to street alignments and
widths;
5. A subdivision with parcels of a gross area of not less than 40 acres or not less than a quarter
of a quarter Section.
6. A subdivision for creation of an environmental subdivision pursuant to Government Code
Section 66418.2, as amended.
C. The following subdivisions are not subject to a tentative map:
1. Public agency or utility conveyances. Any conveyance of land, including a fee interest, an
easement, or a license, to a governmental agency, public entity, public utility or a subsidiary
of a public utility for rights-of-way, unless the Community Development Director determines
based on substantial evidence that public policy necessitates a tentative parcel map in an
individual case;
2. Rail right-of-way leases. Subdivisions of a portion of the operating right-of-way of a railroad
corporation as defined by Section 230 of the California Public Utilities Code, which are
created by short-term leases (terminable by either party on not more than a 30 day notice
in writing); or
3. Waived parcel map. A subdivision that has been granted a waiver of parcel map
requirements in compliance with Section 16.02.13 (Waiver of Parcel Map Requirements).
16.02.02. Application Form, Contents, Supplementary information
A. Tentative maps shall be prepared by a civil engineer registered in the State of California.
Tentative maps shall be in map form of a size, scale and format as specified by the Community
Development Director and shall be accompanied by other reports, exhibits, information and
materials as required by the Community Development Director including but not limited to the
following:
1. Tract number obtained from the County surveyor;
2. Name and address of the owner whose property is proposed to be subdivided and the name
and address of the applicant;
13
3. Signed and notarized affidavit of the property owner whose property is proposed to be
subdivided;
4. Name and address of registered civil engineer, licensed surveyor, landscape architect or land
planner who prepared the map;
5. North point;
6. Scale;
7. Date of preparation;
8. Boundary lines;
9. The location, width and proposed names of all streets within the boundaries of proposed
subdivision and their approximate grades;
10. Location and width of alleys;
11. Name, location and width of adjacent streets;
12. Lot lines and approximate dimensions and numbers of each lot;
13. Approximate location and width of watercourses or areas subject to inundation from floods,
or location of structures, irrigation ditches and other permanent physical features;
14. Approximate contours;
15. Approximate location of buildings and permanent structures;
16. Location of trees within proposed rights-of-way to be dedicated;
17. Description of the exterior boundaries of the subdivision (or legal description of the
property comprising the subdivision);
18. Width and location of all existing or proposed public or private easements;
19. Classification of lots as to intended residential, commercial, industrial or other uses;
20. Railroads;
21. Location of monuments, street furniture, mail boxes, utility boxes and any other structures
and/or impediments which may be located within the boundaries of the tentative map.
22. Approximate radii of curves.
23. Source of water supply;
24. Type of street improvement and utilities which the applicant proposes to install;
25. Proposed method of sewage disposal;
26. Proposed storm water sewer or other means of drainage (grade and size);
27. Protective covenants to be recorded; and
28. Proposed tree planting.
14
B. it is the intent of the City to conserve, protect and encourage the development, improvement,
and continued viability of its mining land and industries for the long-term production of
construction materials and other rock products, and to balance the rights of mining corporations
to produce construction materials and other rock products with the rights of non-mining
persons/corporations who own, occupy or use land in close proximity to mining operations.
Whenever a division of land is proposed in an area that lies partly or wholly within 600 feet of a
surface mining operation permitted pursuant to the Zoning Code, an environmental constraints
sheet shall be created for each land division subject to this Title and the following notice placed
thereon:
"Lot No. (s). , as shown on this map is (are) located partly or
wholly with 600 feet of a surface mining operation permitted pursuant to the
Municipal Code. This (these) lot(s) may be subject to vibration, noise, fumes,
dust, odors and other disturbances from surface mining activities which include,
but are not limited to, blasting, extraction, crushing, processing, grading,
stockpiling and storage or transportation of mineral resources."
16.02.03. Evaluation of Application
A. Tentative map applications shall comply with the provisions of all applicable General Plan and
Zoning Code regulations, this Title, and any other ordinance, statute, or law pertaining to the
use, sale, leasing, or subdivision of land.
B. Tentative map applications shall be filed with the Community Development Department, and
shall be processed in accordance with the provisions of this Chapter. The filing of a tentative
map application shall not be deemed complete until each of the following has been submitted
and/or completed and verified by the Community Development Director or designee:
1. The appropriate number of maps, accompanying submittal requirements as determined by
the Community Development Director, and the appropriate filing fee are provided; and
2. An initial environmental assessment has been completed in accordance with the
requirements of CEQA and the appropriate CEQA review process has been determined for
the project.
C. For any tentative map that proposes a subdivision of 500 or more dwelling units, one of the
following conditions must be met prior to the City's approval of the map:
15
1. That there will be verification of a "Sufficient Water Supply" as that term is defined in
Section 66473.7 of the Government Code, as amended.
2. That the subdivision is exempted from the Sufficient Water Supply Verification requirement
by virtue of a finding under subsection (i) of Government Code Section 66473.7, as
amended.
16.02.04. Review and Decision
A. The Commission review of a tentative map application shall include the conduct of at least one
public hearing on each tentative map filed.
B. Following a public hearing by the Commission on a tentative map, the Commission may approve
the application after first making all of the findings as set forth in Section 16.02.05 (Findings).
16.02.05. Findings
In order for the Commission, or the City Council on appeal, to approve or conditionally approve a
tentative map it shall make all of the following findings:
A. The proposed map is consistent with the General Plan, applicable specific plans, and the Zoning
Code;
B. The design or improvement of the proposed subdivision is consistent with the General Plan,
applicable specific plans, and the Zoning Code;
C. The site is physically suitable for the type of development proposed;
D. The site is physically suitable for the proposed density or intensity of development;
E. The design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat;
F. The design of the subdivision or type of improvements will not pose a threat to the public
health, safety, and welfare;
G. The design of the subdivision or the type of improvements will not conflict with easements
acquired by the public at large for access through or use of property within the proposed
subdivision;
16
H. Any discharge of waste from the proposed subdivision into an existing sewer system would not
result in violation of existing requirements prescribed by the California Regional Water Quality
Control Board;
I. The requirements of CEQA have been satisfied; and
J. For subdivisions of 500 or more residential dwelling units, "Sufficient Water Supply," as that
term is defined in the Subdivision Map Act, will be available to serve the proposed subdivision.
16.02.06. Recommendation and Hearing
A. Report and Recommendation. A staff report and recommendation for tentative map application
shall be submitted in writing by the Community Development Director to the Commission, and a
copy of such reports and recommendations shall also be served on the applicant and on each
tenant of the subject property. The public hearing for a tentative map shall be duly noticed in
conformance with the provisions set forth in Section 16.01.11 (Notices), except in the case of a
proposed conversion of residential real property to a condominium project, community
apartment project, or stock cooperative project, the public hearing shall be noticed at least
three working days prior to the public hearing on the tentative map.
16.02.07. Tentative Map Approval or Disapproval
A. Action of the Commission. The Commission shall approve, conditionally approve, or disapprove
the tentative map as filed. Such action shall be final upon the expiration of the appeal period
unless appealed to the City Council.
B. Approval of Application not in Compliance with Zoning. The Commission may include conditional
approval of a tentative map not in compliance with existing zoning regulations provided that
said map complies with zoning regulations adopted by ordinance by the City Council but not yet
effective. Such action shall include a condition that a final map or parcel map of the subject
parcel of land shall not be recorded until the appropriate zoning regulations have become
effective.
C. Notice of Commission Action. The final decision of the Commission shall be reported, in writing,
directly to the applicant. This notice shall be mailed to the applicant at his or her designated
address and bearing the proper postage. The notice shall clearly set forth the decision of the
Commission, the basis for that decision, and any conditions imposed on the application.
17
16.02.08. Appeal of Commission Decision on a Tentative Map
An appeal of the decision of the Commission on a tentative map may be initiated by any intereste
d
p
a
r
t
y
within ten (10) calendar days following the decision of the Commission. All appeals shall be filed a
n
d
processed pursuant to the procedures established in the Zoning Code.
16.02.09. Conditions of Approval
Approval of a tentative map shall include conditions of approval in compliance with thi
s
S
e
c
t
i
o
n
,
provided that all conditions shall be consistent with the requirements of the Subdivision Map Act.
A. Mandatory conditions. The Commission shall adopt conditions of approval that will:
1. Require that parcels, easements or rights-of-way be provided for streets, water supply and
distribution systems, sewage disposal systems, storm drainage facilities, solid waste
disposal, and public utilities providing electric, gas and communications services, as may be
required to properly serve the subdivision. Easements for public utilities shall be limited to
those needed to provide service to present and future development;
2. Mitigate or eliminate environmental impacts identified through the CEQA process, except
where a Statement of Overriding Consideration has been adopted in compliance with CEQA;
3. Carry out the specific requirements of Chapter 16.11 (improvement Plans), Chapter 16.12
(Standards for Improvement);
4. Assure the project complies with the requirements of the Zoning Code and the General Plan;
5. Require that any designated remainder parcels not be subsequently sold or further
subdivided unless a certificate of compliance or conditional certificate of compliance is
obtained in compliance with this Title; and
6. Require the dedication of additional land for bicycle paths, local transit facilities, (including
bus turnouts, benches, shelters, etc.), solar access easements, and school sites, in
compliance with the General Plan.
B. Optional conditions. The Commission may also require as conditions of approval:
1. The waiver of direct access rights to any existing or proposed streets;
2. The reservation of sites for public facilities, including schools, and fire stations, libraries, and
other public uses;
18
3. Time limits or phasing schedules for the completion of conditions of approval, when
deemed appropriate; or
4. Any other conditions deemed necessary by the Commission to achieve compatibility
between the proposed subdivision, its immediate surroundings, and the community, or to
achieve consistency with this Title, other City ordinances, and state law.
16.02.10. Effective Date of Tentative Map Approval
The approval of a tentative map shall become effective for the purposes of filing a final map, including
compliance with conditions of approval, immediately after the adoption of the resolution of approval.
16.02.11. Expiration of Tentative Map Approval; Time Limits for Recording Final Map
A. The approval or conditional approval of a tentative map shall expire 24 months after the date
the map was approved or conditionally approved or such other period as may be established by
Government Code, Section 66452.6, as amended. Prior to the expiration of said 24-month
period, or any extension granted pursuant to paragraph B. of this Section, the applicant shall
cause the subdivision, or any part thereof, to be surveyed, and a final map to be filed for
approval by the City in accordance with the tentative map as approved.
B. Upon written application of the applicant, extension(s) not exceeding an aggregate total time
limit of three years may be approved, conditionally approved or disapproved at the sole
discretion of the Commission, or City Council on appeal, up to the maximum period established
by Government Code Section 66452.6, as amended. Such application for an extension of time
shall be filed prior to the expiration date as previously approved by the Commission, or City
Council on appeal. As a condition to granting an extension of time, the Commission, or City
Council on appeal, may require compliance with any additional requirements deemed necessary
to ensure compliance with this Title.
C. If the applicant fails to file the final map for approval by the City within the time periods set
forth in this Section the tentative map shall expire immediately.
16.02.12. Amendments or Corrections to Tentative Map or Conditions of Approval
An applicant may request changes to an approved tentative map or its conditions of approval before
recordation of a final map in compliance with this Section.
19
A. Limitation on Allowed Changes. Changes to a tentative map that may be approved
administratively by the Community Development Director include adjustments to the location of
proposed lot lines and improvements and reductions in the number of approved lots (but no
increase in the number of approved lots), or modifications consistent with the findings required
Section 16.02.05 (Findings). Other changes shall require the filing and processing of a new
tentative map.
B. Application for Changes. The applicant shall file an application and filing fee with the Community
Development Director, using the forms furnished by the Community Development Director,
together with the following additional information:
1. A statement identifying the tentative map number, the features of the map or particular
conditions to be changed and the changes requested, the reasons why the changes are
requested, and any facts that justify the changes; and
2. Any additional information deemed appropriate by the Community Development Director.
C. Processing. Proposed changes to a tentative map or conditions of approval shall be processed in
the same manner as the original tentative map, except as otherwise provided by this Section.
D. Findings for Approval. The Commission shall not modify the approved tentative map or
conditions of approval unless it shall first find that all of the applicable findings for approval
required by Section 16.02.05 (Findings) can still be made and that the change is necessary
because of one or more of the following circumstances:
1. There was a material mistake of fact in the deliberations leading to the original approval;
2. There has been a change of circumstances related to the original approval; and
3. A serious and unforeseen hardship has occurred, not due to any action of the applicant
subsequent to the enactment of this Title.
E. Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of
approval shall not be considered as approval of a new tentative map, and shall not extend the
time limits provided by Section16.02.11 (Expiration of Tentative Map Approval; Time Limits for
Recording a Final Map).
20
16.02.13. Waiver of Parcel Map Requirements.
A. The requirement for filing a tentative parcel map and recording a final parcel map may be
waived provided that the City Engineer finds all of the following:
1. The division of land is consistent with the General Plan;
2. The division of land meets the Zoning Code requirements for the zoning district in which it is
located;
3. The division of land meets the requirements for a subdivision consistent with the
requirements of this Title;
4. The division of land is adequately served by public facilities and utilities including but not
limited to, storm drainage, improved public roads, sanitary disposal facilities, water supply
for domestic and fire use;
5. There are no environmental constraints affecting the parcel and there are no environmental
mitigations required for implementation of the subdivision; and
6. The City Engineer determines that the filing of a tentative parcel map or tentative tract map
is not otherwise required by this Title.
B. Application for a parcel map waiver shall be made on forms provided by the Community
Development Director and shall include such items as may reasonably be required to make the
necessary findings. A filing fee shall be paid as established by the City Fee Schedule.
C. The City Engineer may condition a parcel map waiver to provide for, among other things,
payment of fees as required for subdivisions by this Title.
D. Upon approval of a parcel map waiver, the applicant shall file a record of survey, certificate of
compliance, lot line adjustment, or lot merger as applicable, approved by the City in writing,
specifying the names of the record owners of the fee interest and particularly describing the real
property with a site map for recordation with the County Recorder.
21
Chapter 16.03. Vesting Tentative Maps
Sections:
16.03.01. Applicability
16.03.02. Procedures for Processing a Vesting Tentative Map
16.03.03. Expiration of Vesting Tentative Map
16.03.04. Changes to Approved Map or Conditions
16.03.05. Development Rights Vested
16.03.06. Duration of Vested Rights
16.03.01. Applicability
Whenever this Title requires that a tentative map be filed, a vesting tentative map may be filed,
provided that the vesting tentative map is prepared, filed and processed in compliance with this
Chapter. A vesting tentative map may be filed for either residential, commercial or industrial
developments.
16.03.02. Procedures for Processing a Vesting Tentative Map
A vesting tentative map shall be filed in the same form, have the same contents and accompanying data
and reports and, shall be processed in the same manner as set forth by this Title as a tentative map,
except that the following requirements shall also apply.
A. Application content. The vesting tentative map shall include the following information in
addition to that required by Section 16.02.02 (Application Form, Contents, Supplementary
Information):
1. Title. The vesting tentative map shall be prepared with the words "Vesting Tentative Map"
printed conspicuously on its face; and
2. Additional supporting materials. At the time a vesting tentative map is filed, the applicant
shall supply the following additional supporting material:
a. Site plans showing the size and location of all proposed buildings, driveways,
parking, landscaping and walls, and other pertinent information in sufficient detail
to determine the height and square footage of each structure and its conformance
with existing regulations or changes in regulations which have been requested by
the applicant;
b. Information on the uses to which each structure will be put;
22
c. Plans, specifications and reports for all public facilities including, but not limited to,
fire access, on- and off-site sewer, water, drainage, roads and other public
improvements, meeting the approval of the City Engineer;
d. Detailed grading plans showing all existing and proposed contours and elevations,
meeting the approval of the City Engineer; and
e. Any additional plans, reports or studies required by the City which are, in the
opinion of the Community Development Director, necessary to process the
subdivision of land and development thereon.
B. Findings for approval. The approval of a vesting tentative map shall not be granted unless the
Commission first determines that the intended development of the subdivision is consistent
with the zoning regulations applicable to the property at the time of filing, in addition to all
other findings required for tentative map approval by Section 16.02.05 (Findings) and the
requirements of Section 16.02.07 (Tentative Map Approval or Disapproval).
16.03.03. Expiration of Vesting Tentative Map
An approved vesting tentative map shall be subject to the same time limits for expiration as are
established for tentative maps by Section 16.02.11 (Expiration of Tentative Map Approval; Time Limits
for Recording Final Map).
16.03.04. Changes to Approved Map or Conditions
The applicant may apply for an amendment to the vesting tentative map or conditions of approval at
any time before the expiration of the vesting tentative map. An amendment request shall be considered
and processed through the same procedures as a new application, in compliance with this Chapter.
16.03.05. Development Rights Vested
A. The approval of a vesting tentative map shall confer a vested right to proceed with
development of the subdivided lots in substantial compliance with the ordinances, policies
and standards (excluding fees) in effect at the time the map is approved or conditionally
a p proved.
B. Subsequent land use permits, building permits, extensions of time or other entitlements
filed on parcels created by the subdivision may be approved or denied subject to the
23
findings required for each subsequent land use permit or other entitlement only if t
h
e
Commission determines that:
1. A failure to do so would place the residents of the subdivision or the immediate
community, or both, in a condition dangerous to their health or safety, or both; or
2. The condition or denial is required in order to comply with state or federal law.
D. Fees charged for building or land use permits, filed after the approval of a vesting tentative
map shall be as required at the time the subsequent permit applications are filed, including
any related utility or development impact fees (e.g., sewer/water hookup fees, traffic
mitigation fees, etc.). Application contents shall be as required by ordinance requirements i
n
effect at the time the subsequent application is filed.
16.03.06. Duration of Vested Rights
The development rights vested by this Section shall expire if a final map is not approv
e
d
b
e
f
o
r
e
t
h
e
expiration of the vesting tentative map in compliance with Section 16.02.11 (Expiration
o
f
T
e
n
t
a
t
i
v
e
Map Approval; Time Limits for Recording Final Map). If the final map is approved and
r
e
c
o
r
d
e
d
,
t
h
e
development rights shall be vested for the following periods of time:
A. An initial time period of 24 months from the date of recordation of the final map. Wh
e
r
e
several final maps are recorded on various phases of a project covered by a single vest
i
n
g
tentative map, this initial time period shall begin for each phase when the final map for t
h
a
t
phase is recorded.
B. The initial 24 months shall be automatically extended by any time used for processing
a
complete application for a grading permit or for site plan and design review, if processin
g
exceeds 30 days from the date the application is accepted for processing as complete.
C. The applicant may apply for a one-year extension at any time before the initial 24 mo
n
t
h
s
expires. Application for an extension shall be submitted to the Community Developme
n
t
Director and shall be accompanied by the required fee. The Commission shall approve
o
r
deny any request for extension provided the extension request complies with the findin
g
s
made for granting the original approval of the vesting tentative tract map.
24
D. If the applicant submits a complete application for a building permit during the periods of
time specified in Subsections A and B above, the vested rights shall continue until the
expiration of the building permit, or any extension of that permit.
Chapter 16.04. Final Maps
Sections:
16.04.01. Final Map Form and Content
16.04.02. Final Map Requirements
16.04.03. Filing and Processing of Final Maps
16.04.04. Final Map Review and Approval
16.04.05. Multiple Final Maps
16.04.06. Supplemental Information Sheets
16.04.07. Recordation of Maps
16.04.08. Amendments or Corrections to Final or Recorded Maps
After the approval or conditional approval of a tentative map, the applicant may cause the real property
included within the map, or any part thereof, to be surveyed and a final map prepared and filed with the
City Engineer in accordance with the approved or conditionally approved tentative map. Final maps shall
be filed prior to expiration of the applicable tentative map, as required in Section 16.02.11 (Expiration of
Tentative Map Approval; Time Limits for Recording Final Map).
16.04.01. Final Map Form and Content
A final map shall be prepared by or under the direction of a qualified registered civil engineer or licensed
land surveyor, registered or licensed by the State of California. Final map submittal shall include all
information and materials as required by the Community Development Director and City Engineer. A
final map submittal shall also include a digital copy of the final map, prepared using computer software
and standards specified by the City Engineer. The form and content of final maps shall be administered
and interpreted by the City Engineer.
16.04.02. Final Map Requirements
A final tract map shall be required for every subdivision for which a tentative tract map is required
pursuant to Section 16.02.01 (Applicability) of this Title. A final parcel map shall be filed and recorded
for any subdivision for which a tentative parcel map is required pursuant to Section 16.02.01
(Applicability) of this Title. All final maps shall meet the requirements of this Chapter.
A. Evidence of Title. The evidence of title required by this Chapter shall be a certificate of title, a
policy of title insurance, or title guarantee issued by a title company authorized by the laws of
25
the State to write the same, showing the names of all persons having any record title
i
n
t
e
r
e
s
t
i
n
the land to be subdivided, together with the nature of their respective interests the
r
e
i
n
.
S
a
i
d
evidence of title shall be current within three weeks of the submittal of the fina
l
m
a
p
i
n
accordance with the provisions of this Chapter.
B. Street Naming. Prior to the recordation of a final map, street names shall be s
e
c
u
r
e
d
a
n
d
approved in accordance with the City's policy on street naming and numbering.
C. Evidence of sufficient water supply. For any final map that proposes a subdivis
i
o
n
o
f
S
O
O
o
r
more residential units, one of the following conditions must be met prior to the City's
a
p
p
r
o
v
a
l
of the map:
1. That there will be verification of a "Sufficient Water Supply" as that term is defined
i
n
s
a
i
d
Government Code Section 66473.7, as amended.
2. That the subdivision is exempted from the sufficient water supply verification requ
i
r
e
m
e
n
t
by virtue of a finding under Government Code Section 66473.7 (i), as amended.
D. Survey and Monumentation. Survey and monumentation for Final Maps shall be
c
a
r
r
i
e
d
o
u
t
i
n
accordance with the requirements of and to the satisfaction of the City Engineer.
E. Dedications and easements. If dedications or easements (or offers of dedication
o
r
e
a
s
e
m
e
n
t
s
)
are required, they shall be made by certificate on the final map unless use of a
s
e
p
a
r
a
t
e
instrument for such dedication is approved by the City Engineer.
16.04.03. Filing and Processing of Final Maps
A. Filing with City Engineer. The final map, together with all data, information and materials
required by Section 16.04.02 (Final Map Requirements) and any supplemental
i
n
f
o
r
m
a
t
i
o
n
required by the Community Development Director pursuant to Section 16.04.06 (S
u
p
p
l
e
m
e
n
t
a
l
Information Sheets) shall be submitted to the City Engineer. The final map shall b
e
c
o
n
s
i
d
e
r
e
d
submitted when it is deemed complete.
B. Review of Final Map. The City Engineer shall review the final map and all acco
m
p
a
n
y
i
n
g
materials, and shall:
1. Determine whether all applicable provisions of this Title have been complied w
i
t
h
,
t
h
a
t
t
h
e
map is technically correct, and that it is in substantial compliance with the ap
p
r
o
v
e
d
tentative map; and
26
2. Obtain verification from the Community Development Director that the final map conforms
to the approved tentative map, complies with all applicable provisions of the Zoning Code
and that any conditions of approval have been completed.
C. If the final map does not conform as required above, the applicant shall be notified within 30
days of the submittal of the final map, and given the opportunity to make necessary changes
prior to tentative map expiration and resubmit the final map, together with all required data.
16.04.04. Final Map Review and Approval
After determining that the final map is in compliance and is technically correct in compliance with
Section 16.04.03 (Filing and Processing of Final Maps), the City Engineer shall execute the City Engineer's
certificate on the map and forward the final map to the City Council for action, as follows.
A. Review and Approval by City Council. The City Council shall approve or disapprove the final map
at its next regular meeting after the City Clerk receives the final map, or at its next regular
meeting after the meeting at which it receives the final map, unless that time limit is extended
with the mutual consent of the City Engineer and the applicant.
1. Criteria for approval. The City Council shall approve the final map if it conforms to all the
requirements of this Title and all provisions of the Zoning Code that were applicable at the
time that the tentative map was approved, and is in substantial compliance with the
approved tentative map.
2. Waiver of errors. The City Council may approve a final map that fails to meet any of the
requirements of this Zoning Code or the Subdivision Map Act applicable at the time of
approval of the tentative map, when the City Council finds that the failure of the final map is
a technical or inadvertent error which, in the determination of the City Council does not
materially affect the validity of the final map.
3. Approval by inaction. If the City Council does not approve or disapprove the final map within
the prescribed time or any authorized extension, and the final map conforms to all
applicable requirements and rulings, it shall be deemed approved, and the City Clerk shall
certify its approval on the final map.
B. Map with Dedications. If a dedication or offer of dedication is required on the final map, the City
Council shall accept, or accept or reject with or without prejudice, any or all offers of dedication,
at the same time as it takes action to approve the final map. If the City Council rejects the offer
27
of dedication, the offer shall remain open and the City Council may, by resolution,
r
e
s
c
i
n
d
t
h
e
rejection and accept the offer at a later date.
C. Map with Incomplete Improvements. If improvements required by this Title, conditions of
approval or by law have not been completed at the time of approval of the final map
,
t
h
e
C
i
t
y
Council shall require the applicant to enter into an agreement with the City as spe
c
i
f
i
e
d
i
n
Chapter 16.16 (Improvement Agreements and Security), as a condition preceden
t
t
o
t
h
e
approval of the final map.
D. Transmittal to Recorder. After action by the City Council, and after the required signa
t
u
r
e
s
a
n
d
seals have been affixed, the City Clerk shall transmit the final map to County Record
e
r
f
o
r
f
i
l
i
n
g
,
in compliance with Section 16.04.07 (Recordation of Maps).
16.04.05. Multiple Final Maps
Multiple final maps relating to an approved or conditionally approved tentative map m
a
y
b
e
f
i
l
e
d
p
r
i
o
r
to the expiration of the tentative map if the applicant, at the time the tentative map
i
s
f
i
l
e
d
,
i
n
f
o
r
m
s
t
h
e
City in writing of the applicant's intention to file multiple final maps on the tentat
i
v
e
m
a
p
,
o
r
a
f
t
e
r
t
h
e
filing of the tentative map the applicant and the City concur in the filing of mu
l
t
i
p
l
e
f
i
n
a
l
m
a
p
s
.
I
n
providing the notice, the applicant shall not be required to define the number or con
f
i
g
u
r
a
t
i
o
n
o
f
t
h
e
proposed multiple maps. The filing of a final map on a portion of an approved or condi
t
i
o
n
a
l
l
y
a
p
p
r
o
v
e
d
tentative map shall not invalidate any part of the tentative map. Each final map whi
c
h
c
o
n
s
t
i
t
u
t
e
s
a
p
a
r
t
or unit of the approved or conditionally approved tentative map shall have a s
e
p
a
r
a
t
e
s
u
b
d
i
v
i
s
i
o
n
number.
16.04.06. Supplemental Information Sheets
In addition to the information required to be included in tentative maps and final
m
a
p
s
,
a
d
d
i
t
i
o
n
a
l
information may be required to be submitted and recorded simultaneously with a fi
n
a
l
m
a
p
a
s
r
e
q
u
i
r
e
d
by this Section.
A. Preparation and form. The additional information required by this Section shall b
e
p
r
e
s
e
n
t
e
d
i
n
the form of additional map sheets, unless the Community Development Director d
e
t
e
r
m
i
n
e
s
that the type of information required would be more clearly and understandably
p
r
e
s
e
n
t
e
d
i
n
the form of a report or other document. The additional map sheet or sheets shall be p
r
e
p
a
r
e
d
i
n
the same manner and in substantially the same form as required for final map
s
b
y
S
e
c
t
i
o
n
16.04.01 (Final Map Form and Content).
28
B. Content of information sheets. Supplemental information sheets shall contain the following
statements and information:
1. Title. A title sheet, including the number assigned to the accompanying final map by the City
Engineer, the words "Supplemental Information Sheet"
2. Explanatory statement. A statement following the Title sheet that the supplemental
information sheet is recorded along with the subject final map, and that the additional
information being recorded with the final map is for informational purposes, describing
conditions as of the date of filing, and is not intended to affect record title of interest;
3. Location map. A location map, at a scale not to exceed one inch equals 2,000 feet. The map
shall indicate the location of the subdivision within the City;
4. Soils or geologic hazards reports. When a soils report or geological hazard report has been
prepared, the existence of the report shall be noted on the information sheet, together with
the date of the report and the name of the engineer making the report; and
5. Information required by conditions of approval. Any information required by the approval
body to be included on the supplemental information sheet(s) because of its importance to
potential successors in interest to the property, including any other easements or
dedications.
16.04.07. Recordation of Maps
At the time of filing of a final map with the County Recorder, the applicant shall present to the County
Recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties
having vested fee interest in the property being subdivided and are parties required to sign the
certificate.
16.04.08. Amendments or Corrections to Final or Recorded Maps
A recorded final map may be amended or corrected to correct errors in the recorded map or to change
characteristics of the approved subdivision only as set forth in this Section.
A. Corrections. In the event that errors in a final map are discovered after recordation, corrections
may be accomplished by either the filing of a certificate of correction or an amending map with
the City Engineer. An amending map shall be prepared consistent with the requirements of
Chapter 16.02 (Tentative Map Filing and Processing). For the purposes of this Section, 'errors"
29
include errors in course or distance (but not changes in courses or distances from which an
e
r
r
o
r
is not ascertainable from the final map), omission of any course or distance, errors in
l
e
g
a
l
descriptions, or any other map error or omission as approved by the City Engineer that do
e
s
n
o
t
affect any property right, including but not limited to lot numbers, acreage, street nam
e
s
,
a
n
d
identification of adjacent record maps. Other corrections may include indicating monume
n
t
s
s
e
t
by engineers or surveyors other than the one that was responsible for setting monume
n
t
s
,
o
r
showing the proper character or location of any monument that was incorrectly shown, o
r
t
h
a
t
has been changed.
B. Changes to approved subdivision. In the event that an applicant wishes to cha
n
g
e
t
h
e
characteristics of an approved subdivision, including but not limited to the numb
e
r
o
r
configuration of parcels, location of streets or easements, or the nature of requi
r
e
d
improvements, the construction of which has been deferred through the approval o
f
a
n
agreement in compliance with Chapter 16.16 (Improvement Agreements and Security), a
n
e
w
tentative and final map shall be filed and approved as required by this Title.
Chapter 16.05. Condominium Conversions
Sections:
16.05.01. Condominium Conversions
16.05.02. Application Filing and Processing
16.05.03. Approval of Conversion, Required Findings
16.05.01. Condominium Conversions
A condominium conversion shall require the approval of a tentative map and final map, exc
e
p
t
w
h
e
r
e
a
parcel map, or tentative and final tract map are waived for the conversion of a mobile h
o
m
e
p
a
r
k
a
s
provided for in Government Code Section 66428.1, as amended.
16.05.02. Application Filing and Processing
A tentative map for a condominium conversion shall be filed in the same form, have the sa
m
e
c
o
n
t
e
n
t
s
and accompanying data and reports and shall be processed, approved or disapproved
i
n
t
h
e
s
a
m
e
manner as set forth in Chapter 16.02 (Tentative Map Filing and Processing), except a
s
o
t
h
e
r
w
i
s
e
provided by the following provisions of this Chapter.
A. Application contents. Condominium conversion applications shall include the same inf
o
r
m
a
t
i
o
n
and materials as tentative map applications, except for conversions of residential proje
c
t
s
,
which shall also include the following information and materials.
30
1. Tentative map. The tentative map for a condominium, community apartment project, or the
conversion of five or more existing dwelling units to a stock cooperative need not show the
buildings or the manner in which the airspace above the property shown on the map are to
be divided. However, the applicant shall provide an illustration of how division will occur to
enable verification of the accuracy of the legal descriptions on deeds for the transfer of
ownership of the units.
2. Verification of stock cooperative vote. If the development being converted to a
condominium is a stock cooperative, the application shall also include verification of the
vote pursuant to the requirements of Government Code Section 66452.10, as amended.
3. Relocation assistance program. A program proposed by the applicant that will assist tenants
displaced through the conversion in relocating to equivalent or better housing.
4. Vacancy rate assessment. An assessment of the vacancy rate in multi-family housing within
the City.
B. Staff report. The staff report on the tentative map for the condominium conversion shall be
provided to the applicant and each tenant of the subject property at least three days before any
hearing or action on the tentative map by the Commission or City Council.
C. Public notice. The following notice shall be provided in addition to that required by Section
16.01.11 (Notices):
1. Tenant notice. The applicant shall give notice to all existing or prospective tenants as set
forth in Government Code Sections 66452.17 and 66452.18, as amended, and shall provide
the Community Development Director satisfactory proof that the notice was given; and
2. Public hearing notice. Notice of the public hearing(s) on the tentative map shall be provided
to all tenants of the subject property via U.S. Mail.
16.05.03. Approval of Conversion, Required Findings
A. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing
building to a stock cooperative shall occur within 120 days of the application being found
complete in compliance with Chapter 16.02 (Tentative Map Filing and Processing). The 120-day
time limit may be extended by mutual consent of the applicant and the City.
31
B. Conversion findings, residential projects. Approval of a tentative or final map for a subdivision to
be created from the conversion of residential real property into a condominium project,
community apartment project or stock cooperative shall not be granted unless the findings for
notification as set forth in Government Code Section 66427.1, as amended, are first made.
C. Completion of conversion. The filing, approval and recordation of a final map in compliance with
Chapter 16.04 (Final Maps) shall be required to complete the subdivision process, except where
a tentative and final map are waived for the conversion of a mobile home park in compliance
with Government Code Section 66428.1, as amended.
Chapter 16.06. Mergers
Sections:
16.06.01. Merger not Required
16.06.02. Requirements for a Merger
16.06.03. Processing of Requested Merger
16.06.01. Merger not Required
Two or more contiguous parcels proposed to be merged as one parcel which have been subdivided
under the provisions of the Zoning Code and this Title shall not require a merger pursuant to this Title b
y
virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings
under this Title shall be required for the purpose of sale, lease or financing except as provided by this
Chapter.
16.06.02. Requirements for a Merger
All of the following requirements must be satisfied for approval of a merger:
A. At least one of the affected parcels shall be undeveloped by any structure for which a building
permit was issued or for which a building permit was not required at the time of construction, or
is developed only with an accessory structure or accessory structures, or is developed with a
single structure, other than an accessory structure, that is also partially sited on a contiguous
parcel or unit.
B. With respect to any affected parcel, one or more of the following conditions exists:
(1) Comprises less than 5,000 square feet in area at the time of the determination of merger.
(2) Was not created in compliance with applicable Zoning Code requirements in effect at the
time of its creation.
32
(3) Does not meet current standards for sewage disposal and domestic water supply.
(4) Does not meet slope stability standards.
(5) Has no legal access which is adequate for vehicular and safety equipment access and
maneuverability.
(6) Its development would create health or safety hazards.
(7) Is inconsistent with the applicable general plan and any applicable specific plan, other than
minimum lot size or density standards.
16.06.03. Processing of Requested Merger
Upon request of the legal owner of contiguous parcels, the Community Development Director may
administratively approve the merger of the properties in compliance with this Section and may impose
reasonable conditions thereon. The request shall be in writing and shall be accompanied by data and
documents as required by the Community Development Director.
A. Completion of merger. Upon approval, a "Notice of Lot Merger" shall be filed with the County
Recorder. The form and content of the notice shall be as required by the City Engineer.
Chapter 16.07 Lot Line Adjustments
Sections:
16.07.01. Applicability
16.07.02. Lot Line Adjustment Application and Processing
16.07.03. Approval or Denial of Lot Line Adjustment
16.07.04. Completion of Lot Line Adjustment
16.07.01. Applicability
A. Where a lot line adjustment is requested for adjacent parcels the requirements of this Chapter
shall apply.
B. Parcels combined by encumbrances or encroachments of existing structures shall be considered
a single original parcel for purposes of a lot line adjustment in compliance with this Chapter.
16.07.02. Lot Line Adjustment Application and Processing
A. Application content. A lot line adjustment application shall include all information and other
materials required by the Community Development Director.
33
B. Processing. Lot line adjustment applications shall be submitted to the Community Development
Director who shall be the Review Authority for the application. An environmental review shall
not be required.
16.07.03. Approval or Denial of Lot Line Adjustment
A. Review Authority. The Community Development Director shall determine whether the parcels
resulting from the lot line adjustment will conform to the applicable provisions of the Zoning
Code and this Title, and the Community Development Director shall administratively approve,
conditionally approve, or deny the lot line adjustment in compliance with this Chapter. Decisions
made by the Community Development Director may be appealed to the Commission.
B. Required Findings. A proposed lot line adjustment shall be denied if the Community
Development Director finds any of the following:
1. The lot line adjustment will have the effect of creating a greater number of parcels than
existed before the lot line adjustment;
2. Any parcel resulting from the lot line adjustment will conflict with any applicable regulations
of the Zoning Code or this Title; or
3. The lot line adjustment will result in an increase in the number of nonconforming parcels.
C. Conditions of Approval. In approving a lot line adjustment, the Community Development
Director shall adopt conditions only as necessary to assure conformance of the lot line
adjustment and proposed parcels to the requirements of the Zoning Code, this Title and Chapter
15 (Buildings and Construction) of the Irwindale Municipal Code, or to facilitate the relocation of
existing utilities, infrastructure, or easements.
16.07.04. Completion of Lot Line Adjustment
Within 12 months after approval, the lot line adjustment process shall be completed in compliance w
i
t
h
this Chapter through the recordation of a grant deed or record of survey, after all conditions of approv
a
l
have been satisfied.
A. Completion by deed. A lot line adjustment shall not be effective until a grant deed signed by the
record owners has been recorded. The applicant shall submit the grant deed to the Community
Development Department for review and approval by the Community Development Director in
compliance with Subsection C (Review and approval by the Community Development Director),
34
before recordation of the grant deed. The legal descriptions provided in the grant deeds shall be
prepared by a qualified registered civil engineer or a licensed land surveyor licensed or
registered in the State.
B. Completion by record of survey. If required by Business and Professions Code Section 8762 et
seq., a lot line adjustment shall not be effective or final until a record of survey has been
checked by the City Engineer and recorded by the County Recorder. Where not required, a lot
line adjustment may also be completed by record of survey in compliance with this Subsection
at the option of the applicant.
C. Review and approval by the Community Development Director. The Community Development
Director shall:
1. Examine the deeds to ensure that all record owners and lien holders have consented to the
lot line adjustment;
2. Verify that all conditions of approval have been satisfactorily completed and that the grant
deeds are in substantial compliance with the lot line adjustment as approved by the
Community Development Director (or Commission on appeal);
a. Verify that the property owners have either obtained partial re-conveyances from any
mortgagor or other lien holder for any portion of a parcel being transferred to an
adjacent parcel, and that any liens covering the adjacent property have been modified
to cover the newly created larger parcel;
b. If satisfied that the deeds comply with the above requirements, place an endorsed
approval upon the deeds; and
c. After approval of the legal descriptions, assemble the deeds and return them to the
applicant for recordation.
D. Expiration. The approval of a lot line adjustment shall expire and become void if the lot line
adjustment has not been completed as required by this Chapter within 12 months of
approval.
35
Chapter 16.08. Certificate of Compliance
Sections:
16.08.01. Application Contents
16.08.02. Review and Approval
16.08.03. Conditional Certificate of Compliance
16.08.01. Application Contents
Any person owning real property, or a purchaser of the property in a contract of sale of the property,
may request a certificate of compliance. A certificate of compliance application shall include the form
provided by the Community Development Department, the required filing fee, and a chain of title,
consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were
created through a recorded subdivision map.
16.08.02. Review and Approval
A. The Community Development Director shall review all available information and make a
determination within thirty (30) days whether the real property was divided in accordance
with this Title, the Zoning Code, and other applicable provisions of the Municipal Code.
Following the determination, the Community Development Director shall transmit the
available information to the City Engineer who shall cause a certificate of compliance to be
filed with the County Recorder. In the event that the City Engineer determines that the real
property does not comply with the provisions of this Title or the Zoning Code, the
application shall instead be processed as a conditional certificate of compliance pursuant to
Section 16.08.03 (Conditional Certificate of Compliance).
B. Form of Certificate. The certificate of compliance shall identify the real property, shall state
that the subdivision complies with the provisions of the Subdivision Map Act, this Title, and
the Zoning Code, and shall include all information required by the City Engineer including
but not limited to:
1. Name or names of owners of the parcel;
2. Assessor parcel number or numbers for the parcel;
3. The number of parcels for which the certificate of compliance is being issued;
4. Legal description of the parcels for which the certificate of compliance is being issued;
36
5. A notice stating that the certificate relates only to issues of compliance or
noncompliance with this Title and the Zoning Code, that the parcel may be sold, leased,
or financed without further compliance with this Title or the Zoning Code, and that
development of the parcel may require issuance of a permit or other approvals.
6. A listing of any conditions to be fulfilled and implemented prior to subsequent permit
issuance.
C. Effective Date of Certificate. A certificate of compliance shall not become final until the
document has been recorded by the County Recorder.
16.08.03. Conditional Certificate of Compliance
A conditional certificate of compliance is used to validate a parcel that was not legally subdivided. If a
real property was not created in compliance with the provisions of the Zoning Code and this Title, a
conditional certificate of compliance may be issued to validate the real property when conditioned with
the same conditions that would have been applied if the property had been legally created using the
standards of this Title, and such that the fulfillment and implementation of these conditions shall be
required prior to subsequent issuance of a permit or other grant of approval for development of the real
property.
If the current owners are the original applicants, conditions may be based on current standards. The
preparation, filing and processing of a conditional certificate of compliance application shall occur in
compliance with this Section.
A. Application. An application for a conditional certificate of compliance shall be prepared and
include the same materials as a Certificate of Compliance pursuant to Section 16.08.01
(Application Contents).
B. Review and Approval. Within 30 days of receipt of an application for a conditional certificate of
compliance, the Community Development Director shall make a determination that the real
property does not comply with the provisions of the Zoning Code or the Subdivision Map Act.
Upon receipt of the determination, the City Engineer shall grant a conditional certificate of
compliance, imposing conditions as provided by Subsection C (Conditions of Approval) of this
Cha pter.
C. Conditions of Approval. If the owners of the property for which a certificate is requested are the
original applicants, the City Engineer may impose any conditions that would be applicable to a
37
current subdivision regardless of when the property was divided. If the owners had
n
o
responsibility for the subdivision that created the parcel, the City Engineer may only imp
o
s
e
conditions that would have been applicable at the time the property acquired by the cu
r
r
e
n
t
owners.
D. Appeal. A decision to issue a conditional certificate of compliance and/or the cond
i
t
i
o
n
s
imposed by the City Engineer may be appealed to the Commission in compliance wit
h
t
h
e
Zoning Code.
E. Completion of process. Following expiration of the appeal period or following an appeal
t
h
a
t
h
a
s
been denied, the City Engineer shall file a Conditional Certificate of Compliance with the
C
o
u
n
t
y
Recorder. The certificate shall identify the property and serve as notice to the property owne
r
o
r
purchaser who applied for the certificate, a grantee of the owner, or any subsequent transfe
r
e
e
or assignee of the property that the fulfillment and implementation of the conditions shal
l
b
e
required before subsequent issuance of a permit or other approval for the development of
t
h
e
property.
F. Effective date of certificate. A conditional certificate of compliance shall not become ef
f
e
c
t
i
v
e
until it has been recorded by the County Recorder.
Chapter 16.09. Reversion to Acreage
Sections:
16.09.01. Petition Content and Form
16.09.02. Requirements
16.09.03. Approval Process
16.09.01. Petition Content and Form
Petitions for reversions to acreage shall conform to such requirements as to form a
n
d
c
o
n
t
e
n
t
a
s
required by the City Engineer. The fee for processing reversions shall be as established by
t
h
e
C
i
t
y
'
s
f
e
e
schedule.
16.09.02. Requirements
Petitions for reversions to acreage shall include the following:
A. Evidence of title to the real property;
B. Evidence of nonuse of or lack or necessity of streets or easements proposed to be vac
a
t
e
d
o
r
abandoned; and
38
C. Either:
1. Evidence of the consent of all of the owners of an interest(s) in the property; or
2. Evidence that none of the improvements required to be made have been made within two
years from the date the final tract 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 tract or parcel map have been sold within five years
from the date such final map was filed for record.
16.09.03. Approval Process
The petition may propose either a parcel map or a tract map for the reversion to acreage. The reversion
to acreage shall be forwarded by the Community Development Director to the City Engineer for review
and recommendation to the City Council. A public hearing shall be held before the City Council on
reversions to acreage. Notice of the public hearing shall be given as provided in Section 16.01.11
(Notices). The City Council may approve a reversion to acreage after first making the following findings:
1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are
unnecessary for present or prospective public purposes; and
2. Either:
a)All owners of an interest in the real property within the subdivision have consented to
reversion;
b)None of the improvements required to be made have been made within two years from the
date the final map was filed for record, or within the time allowed by agreement for
completion of the improvements, whichever is the later; or
c) No lots shown on the final map have been sold within five years from the date such final map
was filed for record.
As conditions of reversion to acreage the City Council shall require the following:
1. Dedications or offers of dedication necessary following reversion;
2. Retention of all previously paid fees; and
3. Retention of any portion of required improvement security or deposits.
39
Chapter 16.10. Dedications and Improvements; Reservations
Sections:
16.10.01. Dedications and Improvements
16.10.02. Required Improvements
16.10.01. Dedications and Improvements
A. All streets, highways and parcels of land shown on a final map and intende
d
f
o
r
a
n
y
p
u
b
l
i
c
u
s
e
shall be offered for dedication for public use.
B. Streets or portions of streets may be offered for future dedication wher
e
t
h
e
i
m
m
e
d
i
a
t
e
opening and improvement is not required, but where it is necessary to ensure
t
h
a
t
t
h
e
C
i
t
y
c
a
n
later accept dedication when said streets are needed for the further developm
e
n
t
o
f
t
h
e
a
r
e
a
o
r
adjacent areas.
C. The applicant shall improve, or agree to improve, all land dedicated for stree
t
s
,
h
i
g
h
w
a
y
s
,
p
u
b
l
i
c
ways and easements as a condition precedent to acceptance and approval of the
f
i
n
a
l
m
a
p
.
S
u
c
h
improvements shall include such grading, surfacing, sidewalks, curbs, gutte
r
s
,
c
u
l
v
e
r
t
s
,
b
r
i
d
g
e
s
,
storm drains, water mains and service connections to the property line
w
i
t
h
c
u
t
o
f
f
v
a
l
v
e
s
,
sanitary sewers, and such other structures or improvements as may be req
u
i
r
e
d
b
y
t
h
i
s
T
i
t
l
e
o
r
deemed by the City Council to be necessary for the general use of the l
o
t
o
w
n
e
r
s
i
n
t
h
e
subdivision and local neighborhood traffic and drainage needs.
D. All improvements shall be installed to grades approved by the City Engineer.
E. Plans, profiles and specifications of proposed improvements shall be furni
s
h
e
d
t
o
t
h
e
C
i
t
y
Engineer prior to the time of submitting the final map and be approved by th
e
C
i
t
y
E
n
g
i
n
e
e
r
before the final map is filed with the City Council. Such plans and profiles shal
l
s
h
o
w
f
u
l
l
d
e
t
a
i
l
s
of the proposed improvements which shall be according to the standards of the
C
i
t
y
.
F. If such improvement work is not completed satisfactorily before the final m
a
p
i
s
a
p
p
r
o
v
e
d
,
t
h
e
owner or owners of the subdivision shall, immediately upon approva
l
a
n
d
b
e
f
o
r
e
t
h
e
certification of the final map by the City, enter as contractor into an agreem
e
n
t
w
i
t
h
t
h
e
C
i
t
y
whereby, in consideration of the acceptance by the City of the street and eas
e
m
e
n
t
s
o
f
f
e
r
e
d
f
o
r
dedication, the contractor agrees to complete the work within the tim
e
s
p
e
c
i
f
i
e
d
i
n
t
h
e
agreement.
40
G. To assure the City that this work will be completed and lienholders paid, a bond shall be
furnished by the applicant guaranteeing faithful performance, and guaranteeing payment for
labor and materials. The amount of such bond shall be determined by the City Engineer and
approved by the City Council as to amount and adequacy of the bond, except in cases where a
cash deposit is made.
16.10.02. Required Improvements
A. Improvements which the applicant will be required to make, or enter into an agreement to
make, in the subdivision prior to the acceptance and approval of the final map by the City
Council include and are not limited to those listed below. The City Engineer may require
additional improvements as deemed necessary to ensure the public health, safety and welfare
of the community.
1. Adequate distribution lines for domestic water supply to each lot;
2. Sewage collecting system and necessary main lines;
3. Adequate drainage of the subdivision streets, highways, ways and alleys;
4. Adequate grading and surfacing of streets, highways, ways and alleys;
5. Curbs and gutters, cross gutters and sidewalks;
6. Monuments;
7. Fire hydrants at locations designated by the City Engineer;
8. Street name signs, two to each intersection;
9. Necessary barricades and safety devices;
10. Street trees;
11. Ornamental street lighting in accordance with plans and specifications approved by the City
Engineer or his duly authorized representative. All such improvements shall conform to the
standards and specifications established by the City.
41
Chapter 16.11. Improvement Plans
Sections:
16.11.01. Applicability
16.11.02. Submittal and Review of Plans
16.11.01. Applicability
This Chapter shall apply to any applicant who has obtained approval of a tentative map and is re
q
u
i
r
e
d
to complete improvements a condition of approval.
16.11.02. Submittal and Review of Plans
Before the construction of any improvements, the applicant shall submit plans to the City E
n
g
i
n
e
e
r
a
s
follows:
A. Preparation and content. Improvement plans shall be prepared by a California registered c
i
v
i
l
engineer. Improvement plan submittals shall include the following information:
1. Any drawings, specifications, calculations, design reports and other information required by
the City Engineer;
2. Grading, drainage, erosion and sediment control, and a storm water pollution prevention
plan (SWPPP) and/or water quality management plan for the entire subdivision as required
by the City Engineer; and
3. The improvement plan/specification checking and construction inspection fees required by
the City's fee schedule.
B. Submittal of plans. Improvement plans shall be submitted to the City Engineer and
o
t
h
e
r
reviewing agencies for review and approval. Upon the approval of improvement plans
i
n
compliance with Subsection C. (Review and approval) the applicant shall also submit to the Ci
t
y
Engineer a detailed cost estimate of all improvements, based on guidelines provided by the Cit
y
.
C. Review and approval. Improvement plans shall be reviewed and approved by the City Engi
n
e
e
r
,
within the time limits provided below:
1. An improvement plan being processed in conjunction with either an approved tentative or
final map shall be acted upon within 60 calendar days of its submittal, except that at least
15
calendar days shall be provided for processing any resubmitted improvement plan. The 60
calendar day period shall not include any days during which the improvement plan has been
42
returned to the applicant for correction, has been subject to review by reviewing agencies
other than the City or, following that review, has been returned to the applicant for
correction.
2. The time limits specified in this Section for acting upon improvement plans may be extended
by mutual consent of the applicant and the City Engineer, however, no waiver of time limits
may be requested by the City Engineer as a condition of accepting the improvement plan. A
waiver may be obtained for the purpose of permitting concurrent processing of other
requirements related to the improvement plan or final map.
3. If at the time of submittal or resubmittal, the City Engineer determines it is unable to meet
the time limits of this Section, the City Engineer shall, upon request of the applicant and for
purposes of meeting the time limits, contract or employ a private entity or persons on a
temporary basis to perform services necessary to permit the agency or designee to meet the
time limits. However, the City Engineer need not enter into a contract or employ those
persons if it determines that no entities or persons are available or qualified to perform the
services or the City Engineer would be able to perform services in a more rapid fashion by
modifying its own work schedule than would any available and qualified persons or entities.
The City may charge the applicant fees in an amount necessary to defray costs directly
attributable to employing or contracting with entities or persons performing services
pursuant to this Section.
D. Effect of approval. The final approval of improvement plans shall be required before approval of
a final map. The approval of improvement plans shall not bind the City to accept the
improvements nor waive any defects in the improvements as installed.
43
Chapter 16.12 Standards for Improvement
Sections:
16.12.01. Purpose
16.12.02. Conformance to Street Plans Required
16.12.03. Streets and Highways
16.12.04. Improvements
16.12.05. Sanitary Sewers
16.12.06. Water Supply
16.12.07. Alleys
16.12.08. Utility Easements
16.12.09. Service Roads Requirements
16.12.10. Parking Areas
16.12.11. Lots
16.12.12 Blocks
16.12.01. Purpose
This Chapter establishes standards for the design and layout of subdivisions, and the design,
construction or installation of public improvements within subdivisions.
16.12.02. Conformance to Street Plans Required
A subdivision plan shall conform to the requirements of the Infrastructure Element of the General Plan
of the City.
16.12.03. Streets and Highways
A. Freeways, shall conform to the standards of the state Division of Highways and Department of
Public Works, and where same are involved in any subdivision, they shall be subject to individual
determination by the city. The standards of the Division of Highways shall be the minimum
standards that will be acceptable.
B. Major highways shall be not less than one hundred feet wide.
C. Secondary highways shall be not less than eighty feet wide.
D. Collector and local streets shall be not less than sixty feet wide.
E. Minor and cul-de-sac streets shall be not less than fifty feet wide, nor more than five hundred
feet in length, except where special conditions might justify a lesser width or greater length. The
radius at the terminus of the cul-de-sac should be not less than forty feet. Cul-de-sac and minor
streets shall be subject to individual determination by the City. Stub streets or rights-of-way may
be required to the edge of the subdivision.
44
F. Special local streets, where railroads, parkways, grade separations, freeways and hills, or other
dominant factors are involved, shall be subject to individual determination by the City.
G. Curved major highways shall have a centerline radius of not less than one thousand feet.
H. Curved secondary streets shall have a centerline radius of not less than five hundred feet. Lesser
radii may be used if evidence indicates the above requirements are not practicable.
I. Curves on other streets shall have a centerline radius of not less than two hundred feet. Lesser
radii may be used if evidence indicates the above requirements are not practicable.
J. Street corners shall have a radius of not less than fifteen feet or an equivalent angle.
K. Street intersections shall be as near right angles as practicable. In no case shall the angle be less
than forty-five degrees.
L. Streets which are a continuation of streets in contiguous territory shall be so aligned as to
assure that their centerlines shall coincide. In cases where straight continuations are not
physically possible, such centerlines shall be continued by curves.
M. In areas where the General Plan is silent and no other adopted City master plans exist, the
layout of all improvements including roadways, curbs, parkways, dividing strips, sidewalks,
sewer lines and water mains within the rights-of-way of all highways, streets, alleys and utility
easements shall be in accordance with standards established by the City Council, and, where no
such standards have been adopted, the arrangements shall be subject to approval by the City
Engineer.
16.12.04. Improvements
Improvements shall be installed at the cost of the applicant, and shall conform to grades and
specifications established and approved by the City Engineer.
16.12.05. Sanitary Sewers
Where a sewer line is constructed or laid within a street, the applicant shall install sewer lines to the
satisfaction of the City Engineer. All sanitary sewer lines, appurtenances and service connections shall
be constructed or laid prior to paving to the grade established by the City Engineer and shall be of such
size and design as the City Engineer designates.
45
16.12.06. Water Supply
A water system shall be provided with mains of sufficient size and having a sufficient number of out
l
e
t
s
as determined by the City Engineer to furnish adequate domestic water supply for each lot of the
subdivision and to provide adequate fire protection to meet local neighborhood needs.
16.12.07. Alleys
A. Alleys twenty feet wide shall be provided at the rear of all lots classified for and to be used for
commercial or multiple-family purposes, but not including two-family use. If adequate off-street
parking areas to serve such property are securely reserved for such purpose and are shown
upon the final map and approved by the City in the manner provided in this Title the
requirements may be modified. Alleys elsewhere shall be optional with the City but, if offered,
they shall be not less than twenty feet wide and shall be subject to approval by the City, both as
to width and location. If a City adopted official plan indicates alleys which are not required by
the above general rule, then the alleys thus shown shall be required.
B. Alleys at the rear of business, industrial or unlimited multiple-residential property shall be
subject to determination by the City as to design, location and possible increased width.
C. Alleys shall be required at the rear of all property fronting directly upon any major highway.
D. Where two alleys intercept or intersect, the corners shall be cut either on a ten foot radius to
which the lot boundaries are tangent, or on a straight line connecting points on both lot lines
ten feet distant from the corner of the lot at the intersection of the alleys.
16.12.08. Utility Easements
A. Where alleys are not required, utility easements twelve feet in width shall be provided generally
through the interior of the block and in approximately the location that would be occupied by
an alley. If the easement parallels the boundary of a subdivision, the utility easement shall be
eight feet in width.
B. Overhead utilities should be located, where possible, through the interior of the block along
either alleys or easements, as the case may be.
C. Utility easements shall be located, where possible, through the interior of the block, but may be
required alongside lot lines where necessary to provide for street lighting.
46
16.12.09. Service Roads Requirements
A. Along freeways or major highways, a service roadway separated from the main traffic roadway
by an appropriate separation strip may be required, which service roadway will provide for
access to abutting lands and to other public streets. Along major highways, an alley or alleys
may be required in lieu of such service road or roads as a facility for serving lands marginal to
such major highways. An alley may be required at the rear of all properties fronting directly
upon any secondary highway.
16.12.10. Parking Areas
Special areas for off-street parking of motor vehicles, offered for dedication or to be otherwise reserved
for public use in connection with proposed business, industrial, unlimited multiple-residential, or
institutional property, shall be subject to determination by the City as to size, location, shape and
adequacy, and shall conform to the Zoning Code.
16.12.11. Lots
A. Lot areas shall be such as will conform to the standards of development as defined by the
Zoning Code or by other official plans adopted pursuant to law.
B. Lots having no frontage on a public street may be cause for disapproval of subdivision.
C. The width of lots shall be such as will conform to standards of development as defined by the
Zoning Code or other official plans adopted pursuant to law.;
D. No lot shall be divided by a county, city or school district boundary line.
E. The side lines of lots shall be approximately at right angles to the street line on straight streets
or to the tangent on curved streets.
F. Double frontage lots having legal ingress and egress rights on parallel or approximately parallel
streets should be avoided. All lots shall be suitable for the purpose for which they are intended
to be sold.
16.12.12. Blocks.
A. Blocks less than three hundred thirty feet in length or more than nine hundred ninety feet in
length may be grounds for disapproval, but in no case shall a block be longer than one thousand
three hundred twenty feet.
47
B. In blocks nine hundred ninety feet long or over, pedestrian ways at least ten feet wide may be
required.
C. Long blocks are desirable adjacent to main thoroughfares in order to reduce the number o
f
intersections.
Chapter 16.13. Exceptions to Standards
Sections:
16.13.01. Application
16.13.02. Filing and processing
16.13.03. Approval of exception
16.13.04. Conditions of Approval
An exception to any of the standards set forth in Chapter 16.12 (Standards for Improvement) m
a
y
b
e
requested by an applicant in compliance with this Chapter. An exception shall not be used to w
a
i
v
e
o
r
modify provisions any provision of this Title.
16.13.01. Application
An application for an exception shall be submitted on forms provided by the Community De
v
e
l
o
p
m
e
n
t
Department together with the required filing fee. The application shall include a description o
f
e
a
c
h
standard and requirement for which an exception is requested, together with the reasons w
h
y
t
h
e
applicant believes the exception is justified.
16.13.02. Filing and processing
A request for an exception may be filed with the tentative map application to which it applie
s
,
o
r
a
f
t
e
r
approval of the tentative map. An exception shall be processed and acted upon in the same
m
a
n
n
e
r
a
s
the tentative map, concurrently with the tentative map if the exception request was filed a
t
t
h
e
s
a
m
e
time. The approval of an exception shall not constitute approval of the tentative map and sh
a
l
l
n
o
t
extend the time limits for the expiration of the tentative map established by Section 16
.
0
2
.
1
1
(Expiration of Tentative Map Approval; Time Limits for Recording Final Map).
16.13.03. Approval of exception
The Commission shall have the authority to approve or deny exception requests in complianc
e
w
i
t
h
t
h
i
s
Chapter. The Commission shall not grant an exception unless all the following findings are firs
t
m
a
d
e
:
A. There are exceptional or extraordinary circumstances or conditions applicable to the propos
e
d
subdivision, including size, shape, topography, location, or surroundings;
48
B. The exceptional or extraordinary circumstances or conditions are not due to any action of the
applicant subsequent to the enactment of this Title;
C. The exception is necessary for the preservation and enjoyment of a substantial property right
possessed by other property in the vicinity and zoning district and denied to the proposed
subdivision;
D. Granting the exception will not be materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity and zoning district in which the property is located;
and
E. The exception will not affect the consistency of the proposed subdivision with the General Plan,
any applicable specific plan, or the Zoning Code.
16.13.04. Conditions of Approval
In granting an exception, the Commission shall secure substantially the same objectives of the
regulations for which the exception is requested and shall impose whatever conditions it deems
necessary to protect the public health, safety, general welfare and convenience, and to mitigate any
environmental impacts in compliance with CEQA.
Chapter 16.14. Site Preparation and Subdivision Construction
Sections:
16.14.01. Grading
16.14.02. Erosion and Sediment Control
16.14.01. Grading
Prior to the issuance of a building permit, a grading plan prepared and signed by a registered civil
engineer shall be submitted to the City Engineer for review and approval. Grading plans shall show the
elevations of the natural ground at all lot corners, the finished grade at corners, the finished pad
elevation, finished floor elevations, rates and directions of all drainage swales, and finished sidewalk
elevations at all front lot lines and existing topographic elevations and drainage direction 100 feet
outside the boundary of proposed project area and/or map.
1. Minimum slopes. The minimum rate of grade of all drainage swales on lots shall be one-half of
one percent.
49
2. Pad elevation, residential. The building pad elevation of residential lots shall be establ
i
s
h
e
d
a
t
a
minimum of 10 inches above the design sidewalk elevation at the low side of the
l
o
t
.
T
h
e
finished floor elevation of slab floor houses shall be a minimum of 16 inches above t
h
e
s
i
d
e
w
a
l
k
elevation. The pad elevation of all residential lots shall be established at least one f
o
o
t
a
b
o
v
e
the sign water surface in an adjacent storm drain channel or the ponded surface in an
a
d
j
a
c
e
n
t
sump for collection of storm drain waters. An exception to this rule may be permi
t
t
e
d
i
n
t
h
e
case of a tract served by a storm drain pump station.
3. Drainage scheme. No inter-lot or "cross drainage" shall be permitted. All lots shall dr
a
i
n
t
h
e
i
r
own water to the public street, public drainage facility, or natural drainage cou
r
s
e
w
i
t
h
o
u
t
passing through or across an adjacent lot. No lot shall drain water over the bank o
f
a
f
l
o
o
d
control channel.
4. Grading exceptions. Specific exceptions to requirements numbered 1-3 above may b
e
a
p
p
r
o
v
e
d
at the discretion of the City Engineer. Exceptions are considered to be the case of an
i
n
d
i
v
i
d
u
a
l
lot or at most a tier of lots and are not to be construed as extending to an entire subdi
v
i
s
i
o
n
.
5. As-built grading plan. Upon completion of grading operations the applicant shall furni
s
h
t
o
t
h
e
City Engineer two prints of an as-built grading plan prepared by the applicant's enginee
r
.
I
n
c
a
s
e
no grading plan had been prepared and no grading permit had been granted, the applic
a
n
t
s
h
a
l
l
furnish to the City Engineer two prints of a map signed by the applicant's engineer and
c
e
r
t
i
f
y
i
n
g
that no fills had been made on the lots or else two prints of a map prepared by th
e
a
p
p
l
i
c
a
n
t
'
s
engineer showing the location and depth of all compacted or uncompacted fills that
h
a
d
b
e
e
n
made.
16.14.02. Erosion and Sediment Control
A proposed subdivision shall be designed so that all grading incorporates appro
p
r
i
a
t
e
e
r
o
s
i
o
n
a
n
d
sediment control measures.
50
Chapter 16.15. Installation of Improvements
Sections:
16.15.01. Timing of improvements
16.15.02. Inspection of Improvements
16.15.01. Timing of improvements
Subdivision improvements required as conditions of approval of a tentative map shall be installed as
provided by this Chapter. Required improvements shall be constructed or otherwise installed only after
the approval of improvement plans in compliance with Chapter 16.11 (Improvement Plans), and before
the approval of a final map in compliance with Section 16.04.04(Final Map Review and Approval), except
where:
A. Improvements are deferred in compliance with Chapter 16.16 (Improvement Agreements and
Security); or
B. Improvements are required as conditions on the approval of a subdivision of four or fewer lots,
in which case construction of the improvements shall be required:
1. Only when a permit for development of an affected parcel is issued by the Community
Development Department;
2. At the time the construction of the improvements is required in compliance with an
agreement between the applicant and the City, as set forth in Chapter 16.16 (Improvement
Agreements and Security); or
3. At the time set forth in a condition of approval, when the Commission finds that fulfillment
of the construction requirements by that time is necessary for public health and safety, or
because the required construction is a necessary prerequisite to the orderly development of
the surrounding area.
To avoid breaking up street paving, underground utility or service lines required to be installed as part of
a subdivision and planned to run across or underneath the right-of-way of any street or alley shall be
installed prior to the preparation of subgrade and prior to the surfacing of any streets or alleys. In the
event that the development of the subdivision requires the utility company to perform utility
construction work, the applicant shall pay a deposit satisfactory to the utility company within sufficient
time to permit construction work to be performed prior to subgrade preparation. In no event shall
subgrade preparation commence before installation of all necessary utilities and laterals.
51
16.15.02. Inspection of Improvements
The construction and installation of required subdivision improvements shall occur as follows:
A. Supervision. Before starting any work, the contractor engaged by the applicant shall designate in
writing an authorized representative who shall have the authority to represent and act for the
contractor in contacts with the City. The designated representative shall be present at the work
site at all times while work is in progress. At times when work is suspended, arrangements
acceptable to the City Engineer shall be made for any emergency work that may be required.
B. Inspection procedures.
1. inspections required. The City Engineer shall make any inspections as he/she deems
necessary to ensure that all construction complies with the approved improvement plans.
Where required by the City Engineer, the applicant shall enter into an agreement with the
City to pay the full cost of any contract inspection services determined to be necessary by
the City Engineer.
2. Access to site and materials. The City Engineer shall have access to the work site at all times
during construction, and shall be furnished with every reasonable facility for verifying that
the materials and workmanship are in accordance with the approved improvement plans.
3. Authority for approval. The work done and all materials furnished shall be subject to the
inspection and approval of the City Engineer. The inspection of the work or materials shall
not relieve the contractor of any obligations to fulfill the work as prescribed.
4. Improper work or materials. Work or materials not meeting the requirements of the
approved plans and specifications may be rejected, regardless of whether the work or
materials were previously inspected by the City Engineer. In the event that the City Engineer
determines that subdivision improvements are not being constructed as required by the
approved plans and specifications, he or she shall order the work stopped and shall inform
the contractor of the reasons for stopping work and the corrective measures necessary to
resume work. Any work done after issuance of a stop work order shall be a violation of this
Title.
52
Chapter 16.16. Improvement Agreements and Security
Sections:
16.16.01. Contents of Improvement Agreement
16.16.02. Security Required to Guarantee Improvements
16.16.03. Time Extensions
16.16.04. Acceptance of Improvements
An applicant may file a final map before completion of all the improvements required by this Title and
conditions of approval of the tentative map, only when the applicant first obtains City Council approval
of a subdivision improvement agreement executed and submitted for City Council review by the
applicant, and provides the City performance security as required by this Chapter.
16.16.01. Contents of Improvement Agreement
A subdivision improvement agreement shall be submitted in a form approved by the City Engineer and
the City Attorney and shall include, but not be limited to, the following provisions.
A. Description of improvements. A description of all improvements to be completed by the
applicant, with reference to the approved subdivision improvement plans.
B. Time limit for construction. The period within which all required improvements will be
completed to the satisfaction of the City Engineer.
C. Completion by City. Provided that if the applicant fails to complete all required improvements
within the specified time, the City may elect to complete the improvements and recover the full
cost and expenses thereof from the applicant or the surety, including any attorney and legal
fees associated with enforcement of the agreement.
D. Surety requirement. Require the applicant to secure the agreement by furnishing security to
insure full and faithful performance and to insure payment to laborers and material suppliers.
The amount of surety shall be based on an engineer's cost estimate submitted by the applicant
and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as
provided in the approved engineer's cost estimate.
E. Phased construction. Provisions for the construction of improvements in units, at the option of
the applicant.
F. Time extensions. Provisions for an extension of time under conditions specified therein, at the
option of the applicant, consistent with the requirements of Section 16.16.03 (Time Extensions).
53
G. Progress payments or partial release. Provide for progress payments from surety d
e
p
o
s
i
t
s
,
o
r
partial release of the surety filed to ensure faithful performance of the contract, at the opt
i
o
n
o
f
the applicant, in compliance with the requirements of Section 16.16.02 (Security Req
u
i
r
e
d
t
o
Guarantee Improvements) provided that no progress payment or partial release sh
a
l
l
b
e
construed to be acceptance by the City of any portion of the required improvements
o
r
a
n
y
defective work or improper materials.
16.16.02. Security Required to Guarantee Improvements
A subdivision improvement agreement or a subdivision road maintenance and repair agr
e
e
m
e
n
t
s
h
a
l
l
b
e
secured by adequate surety in a form approved as to form and sufficiency by the Ci
t
y
A
t
t
o
r
n
e
y
,
a
s
follows:
A. Type of security. Subdivision improvement agreements shall be secured by all of the follo
w
i
n
g
:
1. A guarantee for "Faithful Performance," in the amount of 100 percent of the engineer
'
s
estimate;
2. A guarantee for "Materials and Labor," in the amount of 100 percent of the engineer's
estimate;
3. $5,000 for survey; and
4. A one-year guarantee and warranty for work in the amount of 10 percent of the enginee
r
'
s
estimate.
B. Form of security. The required surety shall consist of one or more of the follow
i
n
g
f
o
r
m
s
selected by the City Engineer for the full amounts specified in Section 16.16.02 (Sec
u
r
i
t
y
Required to Guarantee Improvements).
1. A deposit, either with the City or a responsible escrow agent or trust company, at the opt
i
o
n
of the City, of money or negotiable bonds of the kind approved for securing deposit
s
o
f
public moneys.
2. A bond or bonds executed by one or more duly authorized corporate sureties;
3. An instrument of credit from an agency of the state, federal, or local government when an
y
said agency provides at least 20 percent of the financing for the portion of the act o
r
agreement requiring security, or from one or more financial institutions subject
t
o
regulation by the State or Federal government pledging that funds necessary to carry o
u
t
54
the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued
by such a financial institution;
4. A lien upon the property to be divided, created by contract between the owner and the City,
where the review authority finds that it would not be in the public interest to require the
installation of the required improvement sooner than two years after the recordation of the
final map, or
5. Any form of security, including security interests in real property, which is acceptable to the
City.
C. Progress payments or partial release. No progress payment or partial release of the surety filed
to ensure faithful performance of the contract shall be made except when the City Engineer has
certified that the work required to qualify for payment or release has been satisfactorily
competed and the payment or release has also been approved by the City Council. No certificate
given, progress payment made, or release of surety, except the final certificate of acceptance,
shall be considered as any evidence of the performance of the agreement either wholly or in
part. There shall be no partial acceptance of any improvements.
16.16.03. Time Extensions
An extension of time for completion of improvements under a subdivision improvement agreement
shall be granted by the City Council only as follows:
A. Public Works Report. The City Engineer notifies the City Council that either the applicant is
proceeding to do the work required with reasonable diligence or is not yet ready to develop the
subdivision, and has given satisfactory evidence of being able and willing to complete all
required work within the time of the requested extension.
B. Agreement by Sureties. The sureties agree in writing to extend for the additional period of time
at the original amount of the bond or other surety, or if recommended by the City Engineer, at
an increased amount.
C. City Council Action. The City Council may as a condition of granting a time extension, impose
whatever additional requirements the City Council deems reasonable to protect the public
interest.
55
16.16.04. Acceptance of improvements
Before acceptance for maintenance or final approval by the City Council of subdivision im
p
r
o
v
e
m
e
n
t
s
,
the City Engineer shall verify that the improvement work has been completed in substanti
a
l
c
o
m
p
l
i
a
n
c
e
with the approved plans and specifications.
Chapter 16.17. Soils Reports
Sections:
16.17.01. Preliminary Soils Report Required
16.17.02. Form of Report
16.17.03. Preliminary Soils Report Waiver
16.17.04. Final Soils Report
16.17.05. Geologic Investigation and Report
When required by the City Engineer, soils reports shall be provided by the applicant as re
q
u
i
r
e
d
b
y
t
h
i
s
Chapter.
16.17.01. Preliminary Soils Report Required
A preliminary soils report based upon adequate test borings and prepared by a registere
d
c
i
v
i
l
e
n
g
i
n
e
e
r
shall be required for every subdivision. The preliminary soils report shall be submitted w
i
t
h
t
h
e
t
e
n
t
a
t
i
v
e
map application.
16.17.02. Form of Report
A preliminary soils report may be divided into two parts:
A. Soils Reconnaissance. The soil reconnaissance shall include a complete description of
t
h
e
s
i
t
e
based on a field investigation of soils matters. The soils matters reviewed shall include stabi
l
i
t
y
,
erosion, settlement, feasibility of construction of the proposed improvements, descriptio
n
o
f
soils related hazards and problems and proposed methods of eliminating or reducing th
e
s
e
hazards and problems; and
B. Soils Investigation and Report. This investigation and report shall include field investigati
o
n
a
n
d
laboratory tests with detailed information and recommendations relative to all asp
e
c
t
s
o
f
grading, filling and other earthwork, foundation design, pavement design and subs
u
r
f
a
c
e
drainage. The report shall also recommend any required corrective action for the purp
o
s
e
o
f
preventing structural damages to the subdivision improvements and the structure
s
t
o
b
e
constructed on the lots. The report shall also recommend any special precautions requ
i
r
e
d
f
o
r
erosion control, and the prevention of sedimentation or damage to off-site propert
y
.
I
f
t
h
e
56
preliminary soils report indicates the presence of critically expansive soils or other soils
problems which, if not corrected, would lead to structural defects, or environmental impacts, a
subsequent soils investigation of each parcel in the subdivision may be required and submitted
to the City Engineer before approval of a final map.
16.17.03. Preliminary Soils Report Waiver
The preliminary soils report may be waived if the City Engineer determines that existing available
information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.
16.17.04. Final Soils Report
A final soils report prepared by a registered civil engineer shall be required where a preliminary soils
report was required, unless the final report is waived by the City Engineer.
A. Two copies of the final soils investigation and report shall be filed with the improvement plans.
B. The report shall contain sufficient information to ensure compliance with all recommendations
of the preliminary soils report and the specifications for the project.
C. The report shall also contain information relative to soils conditions encountered which differed
from that described in the preliminary soils reports, along with any corrections, additions or
modifications not shown on the approved plans.
16.17.05. Geologic Investigation and Report
If the City Engineer determines that conditions warrant, a geologic investigation and report may also be
required.
57