HomeMy WebLinkAboutOrd 1971-1369 . . . . . -. , \
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ORDINANCE NO. 1369
AN ORDINANCE OF THE CITY OF CHULA VISTA, �1MENDING
CHAPTER 28 OF THE CHULA VISTA CITY CODE BY REpEALING
SECTIONS 28 . 1 THROUGH 28 . 12 , AND SUBSTITUTING THERE-
FOR NEW SECTIONS 28 . 101 THROUGH 28 . 1201 , ALL RELATING
TO THE REGULATION OF SUBDIVISIONS IN THE CITY OF
CHULA VISTA
The City Council of the City of Chula Vista does ordain as
follows :
SECTION I : That Sections 28 . 1 through 28. 12 of the Chula
Vista City Code be, and the same are hereby repealed.
SECTION II : That Chapter 28 of the Chula Vista City Code
be, and the same is hereby established by substituting therefor new
Sectidns 28 . 101 through 28 . 1201 , to read as follows :
CHAPTER 28 . SUBDIVISION OF LAND.
ARTICLE I . GENERAL PROVISIONS .
Sec . 28 . 101 . Authority .
This ordinance is enacted pursuant to the authority
granted by Section 11506 of the Business and Professions
Code of the State of California and in accordance with
the limitations of Section II of Article XI of the Con-
stitution of the State of California, the general laws
of the State of California and Section 11500 et seq. of
the Business and Professions Code of the State of Cali-
fornia known as the Subdivision Map Act. The provisions
of this ordinance are in addition to the regulations of
said Subdivision Map Act and are supplemental thereto
consistent with and not in conflict with the provisions
of said Act .
Sec. 28 . 102 . Purpose and Intent.
The purpose of this chapter and any rules , regulations ,
standards or specifications adopted pursuant thereto, is
to control and regulate the division or consolidation of
land within the City of Chula Vista as well as such land
as may be hereafter annexed to the City of Chula Vista
and to provide for a clear and expeditious procedure for
this purpose . Said rules and regulations adopted pur-
suant to this chapter as well as the regulations con-
tained herein shall be applicable to the resubdivision
of land or the alteration of the size and shape of any
existing parcel of records . It is the specific intent
of the City Council to establish by local ordinance
requirements for the recordation of a final subdivision
map when land is to be divided into five (5) or more
parcels , or a parcel map where land is to be divided
into less than five (5) parcels in conformity with the
authorization of the State Subdivision Map Act, with
the exception of those divisions of land as set forth
herein. It is further the purpose of these regulations
to require the subdivider to properly install streets
and drains in accordance with the provisions of the
State Subdivision Map Act and the standards and speci-
fications adopted by the City of Chula Vista: to reguire
the subdivider to do the original work of placing the
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streets in a proper condition before the maintenance
thereof is taken over by the City and to relieve the
taxpayers of the City to this extent of the burden
that would otherwise exist: to provide for the regu-
lation and control of the design and improvement of
a subdivision with a proper consideration of its re-
lation to adjoining areas and the effect said subdi-
vision would have on such areas : to require the
establishment of open spaces and recreational areas
in accordance with rules and regulations that pres-
ently exist or may hereafter be adopted : to provide
for the designation and acquisition of sites for
necessary public facilities to serve residential
areas that are developed as the result of the sub-
division of land: and to prevent fraud and exploita-
tion in the sale of subdivisions or parts thereof in
the interests of protecting the public which has been
declared to be the public policy of the State of
California.
Sec . 28 . 103 . Definitions of Words and Phrases .
Whenever any words or phrases used in this chapter
are not defined herein but are defined in the Business
and Professions Code of the State of California, or in
the Zoning Ordinance of the City of Chula Vista, such
. definitions are incorporated herein and shall apply to
' such words and phrases used herein as though set forth
herein in full , unless the context clearly indicates
a contrary intention.
"Alley" shall mean a street providing only secondary
access to abutting property .
"Block" shall mean an area of land within a subdivision
which area is entirely bounded by streets , highways , ways ,
except alleys , or the exterior boundary or boundaries of
the subdivision .
"Cit� Manager" shall mean the City Manager of the City
of Chula Vista or his duly authorized representative .
"Commission" shall mean the Planning Commission of the
City of Chula Vista.
"Council" shall mean the City Council of the City of
Chula Vista.
"Cul-de-sac" shall mean a street open at one end only,
and providing at the other end special facilities for the
turning around of vehicular traffic .
"Director of Planning" shall mean the Director of Plan-
ning of the City of Chula Vista or his authorized repre-
sentative.
"Director of Public Works" shall mean the Director of
Public Works of the City of Chula Vista or his duly
authorized representative .
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"Final Subdivision Map" shall mean a map prepared in
accordance with the provisions of this ordinance and the
Subdivision Map Act of the State of California, which map
is designed to be placed on record in the Office of the
San Diego County Recorder.
"Freeway" , "Major Road" and "Collector Road" shall mean
any vehicular route so designated on the General Plan and
shall be for the purpose of collecting and carrying large
volumes of traffic .
"Frontage Road" shall mean a street contiguous to a
freeway, major road, or collector road , separated there-
from by a dividing strip and providing access to abutting
property .
"General Plan" shall mean the General Plan of the City
of Chula Vista, adopted September 22 , 1964 , and any amend-
ments thereto.
"Lot" shall mean a recorded parcel or portion of land
separated from other parcels or portions by description,
as on a subdivision map, record of survey map, parcel map,
or by metes and bounds for purpose of sale, lease or sepa-
rate use as of the effective date of this ordinance or as
subsequently created in accordance with this ordinance.
The term "lot" shall £urther include any parcel which,
at the time of annexation to the City of Chula Vista, is
a parcel of record.
"Major Subdivision" shall mean any real property, im-
proved or unimproved , or portion thereof shown on the
latest adopted San Diego County tax roll as a unit or as
contiguous units which is divided for the purpose of sale,
lease or financing, whether immediate or future, by any
subdivider , into five (5) or more parcels . Any division
made solely for the purpose of street widening sha11 not
be a subdivision , nor shall any land given under eminent
domain proceedings or threat thereof .
"Map Act" shall mean the Subdivision Map Act of the
State of California.
"Minor Subdivision" shall mean any real property, im-
proved or unimproved , or portion thereof shown on the
latest adopted San Diego County tax roll as a unit or as
contiguous units which is divided for the purpose of sale ,
lease or financing, whether immediate or future , by any
subdivider , into four (4) or less parcels, or the divi--
sion of land into any number of parcels where the follow-
ing conditions prevail :
1. The whole parcel before division contains less
than five (5) acres , each parcel created by the division
abuts upon a public street or highway and no dedications
or improvements are required by the governing body.
2 . Any parcel or parcels divided into lots or parcels ,
each of a gross area of twenty (20) acres or more , and
each of which has an approved access to a maintained
public street or highway .
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3 . Any 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 com-
mercial development, and which has the approval of the
City as to street alignments and widths .
4 . Any parcel or parcels of land divided into lots
or parcels , each of a gross area of forty ( 40) acres
or more or each of which is a quarter-quarter section
or larger.
"Parcel Map" shall mean a map and/or the process of
dividing or consolidating land under the conditions
set forth in Article 4 of this chapter for the purpose
of sale, lease , transfer or financing, whether immediate
or future, by any person.
"Preliminary Parcel Map" shall mean a map made for
the purpose of showing the design of a proposed parcel
map and the existing conditions in and around it, and
need not be based upon a detailed survey of the property.
"Residential Collector Street" shall mean a street,
intermediate in importance between a residential street
and a collector road and which has the purpose of collec-
ting traffic from local streets and carrying it to a
major road.
"Residential Street" and "Industrial Service Street"
shall mean a street intended wholly or principally for
local traffic , or service to abutting property .
"Standard Specifications " shall mean standard speci-
fications and standard drawings prepared by the Director
of Public Works and approved by resolution of the City
Council of the City of Chula Vista.
"Subdivider" shall mean any individual , firm, associa-
tion, syndicate, co-partnership, corporation, trust or
any other legal entity commencing .proceedings under this
ordinance, to cause land to be divided into a subdivision
for himself or for another and while used here in mascu-
line gender and singular number, it shall be deemed to
mean and include the feminine or neuter gender and plural
number whenever required.
"Subdivider ' s Engineer" shall mean any individual or
firm retained by the Subdivider , and who is duly qualified
to perform the duties of the engineer of work .
"Subdivision" shall mean any real property, improved
or unimproved, divided into two (2) or more parcels either
as a major or a minor subdivision as defined herein, pro-
vided, however , that "subdivision" shall not include the
financing or leasing of apartments , offices , stores or
similar space within an apartment building, industrial
building, commercial building, or trailer park, nor shall
the word "subdivision" apply to mineral, oil or gas leases .
Any conveyance of land to a governmental agency, public
entity or public utility shall not be considered a divi-
sion of land for computing the number of parcels to de-
fine a major or minor subdivision.
"Subdivision Manual" shall mean the manual of proce-
dure entitled "Subdivision Manual" pertaining to the divi-
sion or consolidation of land as prepared by the Director
of Public Works and approved by resolution o£ the City
Council of the City of Chula Vista, including amendments
to said manual which may be made from time to time .
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, , "Tentative Subdivision" shall mean a map made for
the purpose of showing the design of a proposed subdi-
vision and the existing conditions in and around it,
and need not be based upon a detailed final survey of
the property .
"Usable Park Land" shall mean land which meets the
following minimum requirements and is determined to be
acceptable by the Director of Parks and Recreation :
1 . Graded in conformance with a plan approved by
the City of Chula Vista.
2 . All street improvements installed, or bonded for.
3. Turf and/or turf and D.G.
4 . All utilities required by the City, extended to
the property line .
5. One (1) tree per 1000 sq. ft , of land area.
6 . Irrigation system.
Sec . 28 . 104 . General Criteria for the Division and
Development of Land Pursuant to this
Chapter. '
The subdivider shall adhere to the following criteria
in the preparation of a subdivision map or a parcel map
for the division of land, as more specifically defined in
this chapter or other provisions of the City Code of the
City of Chula Vista.
1 . GeneraZ PZan and Zoning Ordinance . The General
Plan of the City of Chula Vista, as presently adopted or
as it may hereafter be amended, is accepted as a guide
for the use of all land within the boundaries of the
City of Chula Vista and for those properties located in
the unincorporated area wherein land use is defined in
said General Plan. All land shall be subdivided and
developed in accordance with the provisions and
regulations of the comprehensive Zoning Ordinance of
the City of Chula Vista as it may be applied to the
property subject to subdivision at the time of the
filing of a subdivision map, or in accordance with such
zoning as may later be applied to the property as a con-
dition of a zoning ordinance incorporating land into a
particular zone subject to the filing of a subdivision
map.
2 . Design and Alignment of Streets . In designing
and aligning streets within the subdivision, considera-
tion shall be given to the previously established street
and highway network contiguous to the proposed subdivi-
sion , the effect of the extension of said streets and
alignment thereof in undeveloped land surrounding the
subdivision, provision for uniformity of street widths ,
and for the total program of properly relating street
alignments and street names . Preservation of the
privacy and safety of streets in residential areas
shall be encouraged by the minimizing of through
traffic in such areas . The number of intersections
on through streets and highways shall be reduced to a
minimum consistent with the basic needs of ingress and
egress while insuring adequate access to all areas .
Intersections shall be so designed to provide for the
greatest safety both for pedestrians and motorists .
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' ' " Provision shall be made for assuring adequate light, '
. , air and privacy on all parcels of property, regardless
of the land use. The trees , topography and other
natural cover of the land shall be respected, and
streets shall be designed so as to prevent excessive
grading and scarring of the landscape .
3. Providing Community Facilities Necessitated by
the Subdivision and Development of Land. The subdivision
procedures contained in this chapter and other require-
ments and regulations adopted by ordinance and incor-
porated in this Code or by resolution of the City Council
shall provide necessary land and development thereof for
parks , open space , schools , playgrounds and other re-
quired public facilities serving said subdivision. This
chapter establishes procedures for the referral of pro-
posed subdivision maps to those boards , bureaus and
other governmental agencies and utility companies , both
public and private, so that the extension of community
facilities and utilities may be accomplished in an
orderly manner coincident with a subdivision of land
and in accordance with such standards as may be adopted
in the General Plan for the City . In order to facili-
' tate the acquisition of land areas required to implement
this policy, the Planning Commission may recommend that
land be reserved by the subdivider for a certain period
of time and subject to such conditions as prescribed
herein, to permit the acquisition by the appropriate
public agency of said land for open space , parks , play-
grounds and schools and other public purposes . The
Council may, under such conditions and circumstances
' as provided in this Code, require that land be dedicated
or fees be levied to accomplish this purpose .
Sec. 28 . 105 . Subdivision Processing; General Respon- ._
sibilities .
1 . Subdivider. The subdivider shall prepare maps
consistent with the design standards contained herein
and accomplish improvements consistent with the improve-
' ment standards of the City of Chula Vista and shall pro-
cess said maps in accordance with the regulations set
forth herein. Subdivider shall fully cooperate in the
� provision and development of areas for required public
facilities .
2 . Director of Planning. The Director of Planning
shall stamp on the map the date and time received and be
responsible for the review, the expeditious processing
and analysis of the planning aspect of tentative maps
and prompt referral thereof to other governmental boards ,
bureaus and agencies and affected utility companies, both
public and private .
3. Director of Public Works . The Director of Public
Works shall be responsible for acknowledging receipt of
final maps and reporting to the City Council as to whether
the proposed improvements are consistent with the regula-
tions contained herein and shall recommend or conditionally
recommend •to the City Council the acceptance of all such
improvements .
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. . 4 . Planning Commission. The Planning Commission
shall act as the "advisory agency" to the City Council,
and is charged with the duty of making investigations and
reports on the design and improvement of proposed sub-
divisions and the conformance of such subdivisions with
the General Plan and this chapter. The Planning Com-
mission shall report its actions and recommendations
concerning the tentative map to the Council and the
subdivider. The Council shall act thereon and report
its action to the subdivider.
Sec. 28 . 106 . Filing of Maps Reauired.
The subdivider of land shall file a tentative map in
the case of a major subdivision , or a preliminary parcel
map in the case of a minor subdivision, with the Plan-
ning Department and, as provided in this chapter, , shall
procure the recordation respectively of a final sub-
division map or a parcel map with the County Recorder
which shall , in all respects , be in full compliance
with the provisions of this Code.
Sec. 28 . 107. Voidability of Deeds or Contracts Violat-
ing Chapter.
Any deed of conveyance , sale or contract to sell made
contrary to the provisions of this chapter is voidable
at the sole option of the grantee, buyer or person con-
tracting to purchase , his heirs , personal representative,
or trustee in insolvency or bankruptcy within one (1)
year after the date of execution of the deed of convey-
ance , sale or contract to sell, but the deed of convey-
ance , sale or contract to sell is binding upon any
assignee or transferee of the grantee , buyer or person
contracting to purchase , other than those above enumer-
ated, and upon the grantor, vendor or person contracting
to sell, or his assignee , heir or devisee.
Sec. 28 . 108. Failure to Comply ; Illegal Division of
Land.
Those parcels of land which are subdivided contrary
to the provisions of this chapter shall not constitute
legal building sites and no permit shall be issued for
the installation of fixtures or equipment or for the
erection, construction,. conversion, establishment, altera-
tion or enlargement of any building, structure or improve-
ment thereon unless and until a map as required by Sec-
tion 28 . 106 herein shall have been filed, approved in
accordance with the requirements of this chapter, and
recorded, and any person who subdivides or causes to be
subdivided land without complying in all respects with
the provisions of this chapter shall be subject to
prosecution for a misdemeanor as defined hereinafter.
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, , Any offer to sell, contract to sell , sale or deed of
conveyance made contrary to the provisions of this
chapter is a misdemeanor, and any person, firm or
corporation, upon conviction thereof, shall be punish-
able by a fine of not more than five hundred dollars
($500 .00) , or imprisonment in the County jail for a
period of not more than six (6) months , or by both
such fine and imprisonment.
Sec. 28 . 109 . Filing Map Subsequent to Division;
Subdivisions Outside the City.
1 . The purchaser, or his successor in interest, of
a lot which is the result of a division of land that did
not comply with the provisions of this article may file
a subdivision or parcel map as required in Sections
28 . 106 and 28. 108 herein, which shall comply in all re-
spects with the provisions of this article .
2 . All plats of property situated outside the cor-
porate limits which require action by the Commission and
the Director of Public Works prior to annexation shall
comply with the foregoing regulations insofar as applicable,
subject to the limitations of Section 11531 of the Sub-
division Map Act of the State of California.
Sec. 28 . 110 . Restraint of Subdivision or Sale in
Violation of this Article .
The City or any person, firm or corporation may file
a suit in the. Superior Court to restrain or enjoin any
attempted or proposed subdivision or sale in violation
of this article pursuant to the authority of Section
11542 of the Subdivision Map Act of the State of Cali-
fornia.
Sec. 28 . 111 . Severability; Existing Law Continued.
1 . Zf any section, subsection, paragraph, sub-paragraph,
sentence, clause or phrase of this chapter is for any
reason held to be invalid or unconstitutional , such in-
validity or unconstitutionality shall not affect the
constitutionality of the remaining portions of this
chapter, and the City Council of the City does hereby
expressly declare that this chapter and each section, sub-
section, paragraph, sub-paragraph, sentence, clause and
phrase thereof would have been adopted irrespective of
the fact that any one or more of such sections , subsections ,
sentences , clauses or phrases be declared invalid or un-
constitutional .
2 . The provisions of this chapter, insofar as they
are substantially the same as existing provisions relat-
ing to the same subject matter, shall be construed as
restatements and continuations thereof and not as new
enactments .
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ARTICLE 2 . TENTATIVE MAP .
Sec. 28 . 201 . Filing.
Each subdivider of either a major or a minor subdivi-
sion shall file with the Planning Department such number
of copies of the tentative map as may be required in the
Subdivision Manual . The Planning Department shall make
available to the subdivider or his representative a copy
of the Subdivision Manual and such other instruction
sheets providing information relative to the preparation
of said tentative map. The time of filing of a tentative
map shall be construed to be the time at which the same,
together with the required data, is received in the
Office of the Director of Planning, who shall indicate
the date of filing upon all copies of the tentative map
and accompanying data. Two (2) copies of a preliminary
title report on the property to be subdivided shall
accompany the tentative map. The tentative map shall
depict the property proposed to be subdivided and shall
further depict all lands in or under option to the sub-
divider and/or the owner of the property proposed to be
subdivided.
Sec. 28 . 202 . Fees .
Fees shall be paid in accordance with Section 28 . 802
of this chapter.
Sec. 28 . 203 . Preparation.
The subdivider shall cause the tentative map of the
land proposed to be subdivided to be prepared by a civil
engineer registered in the State of California.
Sec. 28 . 204 . Compliance with Subdivision Manual.
The tentative map shall be drawn to such size and scale
and contain such information as set forth in the Subdivi-
sion Manual.
Sec. 28 . 205. Procedure; Generally.
1 . Director of PZanning. Within two (2) working
days of filing of a tentative subdivision map, the
Director of Planning shall transmit the requested num-
ber of copies of said map together with accompanying
data to such public agencies and public and private
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utilities as may be concerned. Each of the public
agencies and utilities may , within ten (10) days after
the map has been received by such agency, forward to
the Commission a written report of its findings and
recommendations thereon. Within fourteen (14) days
after submission, the Director of Planning will hold
a conference on the tentative map with the subdivider
and the Subdivision and Development Committee .
2 . Subdivision and DeveZopment Committee. The
Subdivision and Development Committee shall consist
of the Director of Planning or designated members of
his staff and the Director of Public Works or desiq-
nated members of his staff . Said Committee shall make
such recommendations to the subdivider as seem proper
regarding such tentative map, and shall recommend con-
sultations by the subdivider with such organizations ,
including public and private utilities as it shall
designate and shall report its conclusions and findings
to the subdivider within seven (7) days of said con-
ference . This procedure is not required in the pro-
cessing of a parcel map. However, consultation with
the Director of Planning prior to the preparation of a
preliminary parcel map is recommended.
3. Director of PubZic Works . The Director of Public
works shall prepare a written report of recommendations
on the tentative map in relation to the requirements of
this chapter and other applicable regulations of the
City or public and private utilities and shall submit
the same to the Planning Commission within twenty-one
(21) days after receipt of the map .
4 . Planning Commission. The Planning Commission
shall consider the tentative map as submitted by the
subdivider together with the recommendations prepared
by the Director of Public Works and the Director of
Planning. The Director of Planning may, with a minimum
of three (3) working days notice, require that all or
any part of the boundaries and/or streets of a proposed
subdivision be flagged at the site to facilitate any
field review of the Planning Commission. The Planning
Commission shall report, in writing, on the map o£ any
subdivision submitted to it within fifty (50) _ days after
the tentative map has been filed and the report shall
recommend approval , conditional approval or disapproval.
The number, size and configuration of lots to be created
and the alignment and width of streets and easements shall
be clearly depicted upon the tentative map prior to approval
by the Planning Commission. Conditions to make the map
approvable which involve modifications to lots in terms
of number, size or configuration, or to streets in terms
alignment or width may be set forth by the Commission
for the guidance of the subdivider. However, when such
conditions are substantial, the committee may require
that these changes be incorporated upon a revised
tentative map and returned to the Director of Planning
who shall have the authority to approve the revised
tentative map on behalf of the Planning Commission if
the map is clearly in conformity with the conditions
established by the Commission. The Director of Planning
may, at his discretion, require that the revised map
be submitted to the Commission for approval in any
instance where the map is not clearly in con£ormity with
such conditions .
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5. City Council. Within ten (10) days or at its
next regularly scheduled meeting after receipt of the
report of the Planning Commission on the map, the City
Council shall act thereon . If the City Council finds
that the proposed map complies with the requirements
of this chapter, it shall approve the map . If the
Council finds that the proposed map does not meet the
requirements of this chapter, it shall conditionally
approve or disapprove said map.
6 . Public Hearing. If the Subdivision and Develop-
ment Committee shall determine that a tentative map is
possessed of sufficient public or community interest to
justify the holding of a public hearing by the Commis-
sion prior to action being taken on the map, it may
request the Director of Planning to set such hearing be-
fore the Planning Commission . In the event that a
public hearing is held, notice shall be mailed to the
subdivider and to the owners of all property within
three hundred feet (300 ' ) of the exterior boundaries
of the property involved at least ten (10) days prior
to the date of the hearing. The last known name and
address of each owner as shown on the records of the
County Assessor may be used for the aforementioned
notice .
7 . City Clerk . The City Clerk shall notify the
subdivider, in writing, of the action taken by the City
Council .
Sec. 28 . 206 . Suspension of Requirements ; Variance.
In approving a tentative map, the Planning Commission
or Council may grant a suspension of any of the subdivi-
sion requirements set forth or referred to in this Code ,
except underground facilities which may be waived only
by the City Council; provided such suspensions are not
inconsistent with State law. A variance from the lot
area, frontage, width, depth and front yard or setback
requirements of the various zones set forth in this
Code may also be granted by the Commission or the Coun-
cil. Any such suspension or variance shall be based
upon a sufficient showing that there are special cir-
cumstances or conditions affecting the property in
question and that such suspension or variance, if
granted, will not be materially detrimental to the
general welfare of adjacent persons or property, and
such other findings for suspension or variance as may
be required in other sections of this Code . If such
suspension or variance is requested, a public hearing
shall be conducted as provided in this article .
Sec. 28 . 207 . Retention in Files .
One (1) copy of the map and accompanying data, together ,
with the Planning Commission 's report and a record of the
City Council 's action with conditions of approval , if any,
shall be filed in the Office of the City Clerk and retained
until recordation of the final map or maps encompassing the
total area included in the tentative map.
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Sec. 28 . 208. Extension of Time.
Upon written application of the subdivider made within
eighteen (18) months of the approval or conditional approval
of the tentative map, the Commission or Council may grant
an extension of time not exceeding two (2) years for filing
of the final map. The application shall be filed suffi-
ciently in advance of the expiration date to permit inclu-
sion upon the Commission or Council agenda, and Commission
or Council action prior to such expiration date. At the
time of consideration by the Council of the extension of
the approval or conditional approval of the tentative map,
the Council shall hear the testimony of the subdivider or
any witnesses in his behalf and the testimony of the repre-
sentatives of the Subdivision and Development Committee or
any other witnesses . Upon conclusion of the hearing or
the time of consideration, unless the subdivider and Coun-
cil mutually agree that additional time is needed for con-
sideration, the Council shall , within seven (7) days , de-
clare its findings based on the testimony and documents
placed before it.
ARTICLE 3. FINAI, MAP.
Sec. 28 . 301. Filing.
Within eighteen (18) months after approval of the ten-
tative map, or an extension of said approval , the subdi-
vider may cause the subdivision or any unit thereof shown
in the tentative map to be surveyed and a final map thereof
prepared by a registered civil engineer or licensed sur-
veyor, in conformation with the tentative map as approved
or conditionally approved and with the requirements set
forth in this article . Six (6) blue line or black
line prints of the final map and such other copies as may
be required for checking and approval shall be submitted
to the Director of Public Works , together with a checking
fee as set forth in Section 28 . 802 of this chapter.
Sec. 28 , 302 . Documents to be Filed with Ma
At the time of submitting the final map to the Director
of Public Works , the subdivider shall submit therewith the
documents listed herein. The final map shall not be con-
sidered as filed until all documents listed are completed
and submitted except as specifically noted.
1. CZosures . Closures of the various lots and blocks
in number and in form approved by the Director of Public
Works shall accompany a closure of the subdivision boundary .
2 . Grading Plans . Detailed plans , soil reports , geo-
logic reports and other data if required under the Grading
Ordinance of the City.
3. Improvement Plans . Detailed plans , cross-sections ,
profiles and specifications in the number specified by the
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Director of Public Works of the improvements to be in-
stalled as required by the provisions of this chapter and
by the standard specifications, and of all other improve-
ments proposed to be installed by the subdivider in, on,
over, or under any street right-of-way , easement or parcel
of land dedicated by the map or previously dedicated. All
such plans shall be prepared in accordance with the require-
ments of the Director of Public Works .
4 . Design Data. Complete design data, assumptions
and computations , in accordance with sound engineering
practice, shall be submitted to substantiate hydraulic
and structural designs .
5 . Report and Guarantee of Clear TitZe . The final
map shall be accompanied by a report prepared by a duly �
authorized title company , naming the persons whose consent
is necessary to the preparation and recordation of said
map and to the dedication of the streets , alleys and
other public places shown on the map and certifying that,
as of the date of the preparation of the report, the
persons therein named are all the persons necessary to
give clear title to said subdivision .
6. TitZe Sheet. The title sheet may be submitted no
less than ten (10) days prior to City Council considera-
tion of the final map.
7. Engineer 's Estimate . The subdivider ' s engineer's
estimate shall be submitted following the initial re-
view of the final map and improvement plans by the City .
Sec . 28 , 303 . Agreement and Security Instruments .
The Subdivision Improvement Agreement and security in-
struments , as set forth in Section 28. 312 of this article,
shall be fully executed and submitted for the approval of
the City Attorney at least eight (8) days prior to City
Council consideration of the final map.
Sec. 28 , 304 . Deeds and Easements .
Deeds for one foot (1 ' ) control lots and easements
for the installation of off-site public improvements
shall be submitted in duplicate in fully executed form
at least eleven (11) days prior to Council considera-
tion of the final map. Deeds for one foot (1 ' ) control
lots shall leave sufficient space in legal description
for insertion of the appropriate record map number fol-
lowing recordation of the subject map.
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. . . � , .
' ' Sec. 28. 305. Certificate Regarding Tax Lien.
Prior to the filing of the final map with the Council ,
the subdivider shall file the certificates and documents
set forth in Article 8 of the State Subdivision Map Act
or any amendments thereto relating to taxes and assess-
ments .
Sec. 28 . 306 . Engineer ' s Estimate of Im rovement Costs .
The subdivider ' s engineer 's estimate of improvement
costs shall include all public improvements within and
immediately adjacent to the proposed subdivision and
shall include all grading and slope planting costs un-
less such work is to be performed under separate grading
permit.
Sec. 28. 307 . Approval by Director of Public Works .
Upon receipt of the final map and other data submitted
therewith, the Director of Public Works shall refer said
map and data to the appropriate departments , who shall
examine them to determine :
1. That the subdivision as shown is substantially the
same as it appeared on the approved tentative map, and
any approved alterations thereof;
2 . That all provisions of law and of this chapter
applicable at the time of approval of the tentative map
have been complied with; and
3 . That the map is technically correct.
If the Director of Public Works , upon review of reports
by other departments , so determines the above criteria, he
shall certify thereto on said map. If the Director of
Public Works does not so determine, he shall advise the
subdivider of the changes or additions necessary to en-
able him to make such determination, and shall afford the
subdivider an opportunity to make such changes or additions .
The Director of Public Works shall submit his report to
the City Council within twenty (20) days following the sub-
mission of the final map and accompanying documents by the
subdivider. Said report shall be considered as submitted
when the same has been filed with the City Clerk .
Sec. 28 . 308 . Approval by City Council .
In the event that all improvements required or condi-
tions imposed as conditions of approval under the provi-
sions of this chapter or by law are not completed before
the filing of the final map, the Council shall enter into
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a
. ,, � � " ,
an agreement for the installation of improvements with the
subdivider. In such case, when the agreement and bond,
deposit or instrument of credit have been approved by the
City Attorney as to form and by the Director of Public
Works as to sufficiency, the Council may consider the
final map. All signatures except those of the City Clerk,
City Attorney , Title Company , Clerk of the Board of Super-
visors and the County Recorder shall be affixed to the
title sheet at least eight (8) days prior to Council con-
sideration of the final map. The abstract of title certi-
ficate may be executed at any time prior to Council con-
sideration of the final map. The bond and agreement
provided for in the preceding section shall be filed
with the City Clerk within sixty (60) days from .date of
approval and acceptance of the final map. If compliance
is not so had, then the Council approval shall be auto-
matically void and a final map must be resubmitted to
the City Council .
The Council shall approve said map if it is determined
to be in conformity with the requirements of this chapter
and the conditions of approval of the tentative map. If
it is not in conformity , it shall be disapproved, and the
Council shall advise the subdivider of its disapproval
and the reason or reasons therefor. The City Council
shall take action as provided herein within ten (10) days
or at its next meeting following the submittal of the
report by the Director of Public Works unless the time
for taking action shall have been extended by mutual
consent of the City Council and the subdivider.
Sec. 28 . 309 . Action Following Council Approval .
Upon approval by the City Council of the final map,
and receipt of the necessary recording fee, the City
Clerk shall cause the map to be transmitted to the County
Recorder. No final map shall have any force or effect,
and no title to any property described in any offer of
dedication thereon shall pass until recordation of the
final map. The subdivider shall present to the Recorder
evidence that, upon the date of recording as shown by
public records , the parties consenting to the recordation
of the map are all the parties having a record title
interest in the land subdivided whose signatures are
required by the provisions of Article 7 of the State
Subdivision Map Act, otherwise the map will not be re=
corded.
Sec. 28 . 310 . Preparation of the Final Map.
The final map shall conform in size, material, scale
and content with the requirements as set forth in the
Subdivision Manual .
Sec. 28 . 311 . Monumentation .
Monumentation shall conform with the requirements as
set forth in the Subdivision Manual . The map shall show
fully and clearly what monuments have been or are to be
set.
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� , .
Sec. 28 . 312 . Requirements Before Comencing Work on
Public Improvements .
Prior to any construction of improvements and/or land
development required, the subdivider shall have complied
with and performed the following requirements :
A. PZans and Specifications . Subdivider shall file
with the Director of Public Works detailed plans and
specifications for all public improvements or land de-
velopment toqether with a detailed cost estimate approved
by the Director of Public Works and an estimate of time
reasonably necessary to- complete the same . In addition,
the subdivider may be required to file detailed soil
reports which shall be approved by the Director of
Public Works prior to commencement of any work.
B. Improvement Agreement. Subdivider shall enter
into a contract with the City of Chula Vista to make,
install and complete within the time fixed but in no case
more than two (2) years from the date of execution of
said contract, all improvements and/or land development
in accordance with approved plans .
C. Security Arrangements for Completion of Improve-.
ments . The subdivider shall file surety to guarantee
completion of improvements with the improvement agreement
as follows :
1 . Bonds . All bonds shall be executed by a surety
company authorized to transact a surety business
. in California, and shall be approved as to form
by the City Attorney , and shall include :
, (a) A faithful performance bond in an amount
deemed sufficient by the Director of Public
Works to cover up to fifty percent (50$) of
the total cost of all required on-site and
adjacent off-site improvements including
twenty-five percent (258) of grading and slope
planting expenses as applicable .
(b) A labor and material bond in a like
amount.
(c) A monumentation bond in an amount stipu-
lated by the subdivider' s engineer to cover
the cost of placing lot corners and other
related monuments . Said bond shall be drawn
and utilized in conformity with Section 11592
of the Business and Professions Code of the
State of California.
2 . Cash Deposits . In lieu of the faithful per-
formance and labor and material bonds, the sub-
divider may submit cash deposits under the condi-
tions hereinafter described. Total cash deposit
surety shall contain :
(a) A faithful performance cash deposit in
an amount deemed sufficient by the Director
of Public Works to cover fifty percent (50�)
of the total cost of all required on-site and
adjacent off-site improvements including twenty-
five percent (25�) of grading and slope plant-
ing expenses as applicable .
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(b) A labor and material cash deposit in a
like amount.
(c) A monumentation cash deposit in an amount
stipulated by the engineer of work to cover
the cost of placing lot corners and other re-
lated monuments . The agreement relative to a
cash deposit for monumentation purposes shall
be drawn and utilized in conformity with Sec-
tion 11592 of the Business and Professions Code.
Disbursements from cash deposits shall be made in
accordance with separate agreement between the sub-
divider and the City. A bookkeeping fee of one
percent (1�) of the total amount deposited with
the City for each cash deposit bond shall be sub-
mitted with each such bond. Disbursements from a
cash deposit filed with an approved escrow agency
shall be made in accordance with separate agree-
ment between the subdivider and the City. Dis-
bursements from a cash deposit in any instance
shall not be permitted unless and until authorized
in writing by both the subdivider and the Director
of Public Works .
3. Instruments of Credit. In lieu of the faith-
ful performance and labor and material bonds or
cash deposits , the subdivider may submit instru-
ments of credit under the� conditions hereina£ter
described. Such instruments of credit shall be
issued by a financial institution subject to regu-
lation by the state or federal government in a
form and content as approved by the City Attorney,
and shall pledge that the funds necessary to meet
the performance are on deposit and guaranteed for
payment and agree that the funds designated by
the instrument shall become trust funds for the
purposes set forth in the instrument. An instru-
ment of credit shall be accompanied by a current
statement of assets and a resolution of the Board
of Directors of the responsible organization
authorizing the issuance and the amount of the
letter. An instrument of credit shall be accom-
panied by a statement setting forth the date upon
which the responsible organization was established.
Instruments of credit shall provide surety as
follows :
(a) A faithful performance surety in an amount
deemed sufficient by the Director of Public
Works to cover fifty percent (50�) of the total
cost of all on-site and adjacent off-site im-
provements , including twenty-five percent (258)
of grading and slope planting expenses as applic-
ab le .
(b) A labor and material surety in a like
amount.
(c) A monumentation surety in an amount stipu-
lated by the engineer of work to cover the cost
of placing lot corners and other related monu-
ments . Such surety shall be drawn and utilized
in conformity with Section 11592 of the Business
and Professions Code .
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. _`�
4 . Endorsement of Certificates . The City Clerk
and City Attorney shall not endorse or sign their
respective certificates contained on the final
map unless and until improvement security. as here-
inabove specified has been posted.
5 . AppZicability to Parcel Maps . The bond require-
ments stipulated above are applicable to any parcel
map for which the installation of any public improve-
ments or grading is a condition of approval.
D. No final map shall be presented to the Council for
acceptance until the requirements of this section have
been approved and until all water, sewer or other charges
established by the Council and pertaining to the property
being subdivided have been paid.
Sec. 28 . 313 . Special Permits Issued to do Work.
1. Should the subdivider desire to do certain work
prior to entering into an agreement with the City of Chula
Vista to install and complete all subdivision improvements
and land development work, he may make an application to
do so under a special permit. This application shall be
accompanied by detailed plans describing the work which
is proposed. The Director of Public Works mayissue a
special permit to the subdivider or his contractor upon
application of the applicant, provided a bond has been
posted in an amount which would assure the rehabilitation
of the land, including grading and planting, in the event
the subdivision map does not record. The performance
bond and contractor ' s qualifications shall be as provided
in this Code .
2. When the special permit is for all work required
in connection with the subdivision and the work has been
completed, the agreement as designated in Section 28 . 312
will not be required .
Sec. 28 . 314 . Release of Improvement Security; Mainten-
ance Bond.
1. Progress Payments . Progress payments may be made to
the subdivider from any deposit money or instrument of
credit which the subdivider may have made in lieu of pro-
viding a surety bond; provided, however , that no such prog-
ress payment shall be made for more than ninety percent
(908) of the value of any installment of work, and pro-
vided that the aggregate amount thus paid is not in excess
of fifty percent (508) of the total amount posted as im-
provement security. No progress payments from cash de-
posits shall be made except upon joint certification by
the Director of Public Works and the subdivider that work
covered thereby has been com�leted.
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a
� � 2 . Release of Surety . Improvement security given
for faithful performance of the agreement may be released
upon recordation of the notice of completion for the work
unless provision is made for partial release as work pro-
gresses under separate written agreement. The fifty per-
cent (508) labor and material bond shall be retained to
secure payment to the contractor, his subcontractors and
to persons renting equipment or furnishing labor or
material for thirty-five (35) days a£ter completion and
acceptance of the work . Following such thirty-five (35)
day period , this labor and material security may be re-
duced to an amount not less than the total of all claims
on which an action has been filed and notice thereof
given� in writing to the City .
3 . Forfeiture of Surety . In the event the subdivider
fails to complete all improvement work in accordance with
the provisions of this chapter and the improvement agree-
ment and the City shall have to complete same , the City
shall call on the surety for reimbursement or shall
appropriate from any cash deposit funds for reimbursement.
If the amount of the surety bond, cash deposit or instru-
ment of credit exceeds all costs and expenses incurred
by the City, it shall release the remainder of such bond,
cash deposit or instrument or credit , and if the amount
of the surety bond, cash deposit or instrument of credit
shall be less than the cost and expense incurred by the
City, the subdivider shall be liable to the City for such
difference .
4 . Maintenance Bond. The subdivider shall guarantee
all public improvements for a period of one (1) year
from the date of final acceptance and shall correct any
and all defects or deficiencies arising during said period
as a result of the acts or omissions of the subdivider,
his agents or employees . The subdivision guarantee shall
be backed by a bond or cash deposit in the amount of fif-
teen percent (158) of the surety posted for improvements .
The City shall provide written notice of the defect or
deficiency . In any instance where the subdivider fails
to take action within the specified time, or when immedi-
ate action is required to protect the public health,
safety and/or welfare, the City may cause the work to be
performed and call on the surety for reimbursement. The
maintenance bond shall be submitted prior to final accept-
ance by City .
ARTICLE 4 . PRELIMINARY PARCEL MAP AND PARCEL MAP;
REQUIRED.
Sec. 28 . 401 . Parcel Map; General Provisions .
The provisions contained herein shall require the sub-
divider of land to file a preliminary and final parcel
map which shall , in all respects , be in full compliance
with the provisions of this Code . The Director of Plan-
ning and the Director of Public Works are authorized to
make all of the findings necessary and approve both the
preliminary and final parcel map; provided , however, that
any person has the right to appeal the decision on either
map to the Planning Commission .
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A. The parcel map procedure may be used to create a
division or consolidation of land as defined herein, if
the Director of Planning finds that one or more of the
following circumstances of division or consolidation
exist :
1. A division of a lot or parcel into not more
than four (4) parcels , each of which complies
with the minimum lot dimensions of the zone in
which it is located , provided a determination has
been made by the Director of Public Works that no
public dedications or improvements are , or wi11 be,
needed at the time the map is to be filed.
2 . A division of a lot into two (2) parts , the
parts thus obtained to be used to increase the
size of the adjoining lots . •
3. Adjustment of the boundaries between 'two (2)
lots .
4 . Consolidation of lots or portions of lots into
not more than four (4) parcels .
5. A consolidation of remnants of lots remaining
after property is taken for public use, provided
that the resulting parcel has a minimum lot area
as established in the adopted Zoning Ordinance for
the City of Chula Vista relating to the zone in
which the lot is located .
6 . A parcel of land divided into two (2) or more
parcels , each having a gross area not less than
twenty (20) nominal acres and each abutting upon
an improved public street or highway .
7 . A parcel of land divided into tcao (2) or more
parcels each having a gross area of not less than
forty (40) nominal acres .
8 . Any 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 develop-
ment, and which has the approval of the City Council
as to street alignments and widths .
Lots referred to in paragraphs 1 through 5 of this sub-
section shall be lots as defined in Chapter 33 of this
Code . No existing building or structure shall be made
substandard in respect to yard or other zoning requirements
specified in this Code nor shall any existing easement in
favor of the public be rendered impractical by the creation
of a parcel on a parcel map .
B. The following situations may be processed in like
manner to circumstance No . 1 , above:
1. The transfer or exchange of property between
owners of existing adjacent properties which does
not involve the creation of any new building sites .
2 . The consolidation of existing adjacent properties
for utilization as a single building site.
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Sec. 28 . 402 . Preliminary Parcel Maps Procedure.
A. AppZication and Fees . The applicant for a parcel
map shall file an application with the Director of Plan-
ning on a form prescribed by the City. The application
shall be accompanied by a fee as set forth in Section
28. 802 , which will not be refundable , together with suffi-
cient copies of a preliminary parcel map prepared in
accordance with the requirements set forth in the Sub-
division Manual.
B. Documents to be Filed with Preliminary Parcel Map.
The following documents shall accompany the preliminary
parcel map at time of submission :
1. A legal description of the original parcel or
parcels of record upon which the division or con-
solidation is proposed.
2 . A statement setting forth the complete name
and address of each of the owners of each original
parcel of record involved. •
3 . Mathematical closures of each parcel to be
created and, if feasible , of each original parcel
of record. Record information concerning adjacent
property shall be shown upon the parcel map to the
extent that such information has a direct bearing
upon the parcels being created.
Sec. 28 . 403 . Certification of Preliminarv Parcel Map. �
If the Director of Planning and the Director o£ Public
Works determine that the preliminary parcel map meets the
requirements of this chapter, they shall certify to this
fact on the face of the preliminary parcel map within
twenty-one (21) days after receipt of the map, and failure
to do so shall be deemed certification and the City Clerk
shall so certify .
Sec. 28 . 404 . Requirements of Parcel Map Divisions .
Parcel maps approved under circumstances set forth in
paragraphs No. 1 or 8 of subsection A of Section 28 . 401
shall comply with the requirements specified in Article 10
of this chapter . All parcel maps shall conform to the
subdivision design requirements of the Subdivision Manual
and, in addition , requirements may be imposed as a condi-
tion of approval such as those hereinbelow enumerated.
Requirements shall be in written form, a copy of which
shall be delivered to the applicant with the approved
parcel map.
1. Proof that there are adequate utilities including
water, gas , electricity, communication and sewerage for
the proposed use of the land or that they will be provided.
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�
2 . All lots created sha11 be staked at all corners
and points of curvature by a licensed surveyor or regis-
tered civil engineer. Performance guarantees relative
to delayed staking shall be posted in accordance with
Section 11592 of the State Subdivision Map Act and all
staking shall be accomplished within thirty (30) days
following recordation of the parcel map or acceptance
of the improvements , whichever is applicable.
3 . Submission of a report by a duly authorized title
company naming the person whose consent is necessary to
the preparation and recordation of the parcel map.
(fc
�s-� Sec. 28. 405 . Disapproval of Preliminary Parcel Maps .
The Director of Planning or the Planning Co�nission
may disapprove any preliminary parcel map which is sought
to be submitted as a parcel map for any of the following
reasons :
1. When the land involved is subject to flooding,
sliding, slipping or other similar hazards as determined
by the Director of Public Works .
2 . When said map does not conform substantially in
its purpose and design to the General Plan or any of the
various elements thereof , or to any community, precise
or specific plans which have been approved by the Commis-
sion and Council . The Director of Planning or Planning
Cotmnission may also disapprove any parcel map when it is
found that the public health, safety or welfare justifies
such action .
Sec. 28 . 406 . Appeal to Commission.
In the event that the applicant is dissatisfied with
any determination of the Director of Planning and the
Director of Public Works as to whether the property divi-
sion qualifies as a parcel map division, or as to any
requirements or conditions which they seek to impose,
then the applicant may appeal to the Planning Commission
by filing a statement in writing with the Director of
Planning stating his reasons for appeal within ten (10)
days following the determination. The matter shall be
placed on the next agenda of the regular Planning Com-
mission meeting.
Sec. 28 . 407 . Determination by Commission.
Subject to the requirements of this chapter, the Com-
mission may affirm, reverse or modify any determination
of the Director of Planning and the Director of Public
Works with respect to the proposed parcel map.
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Sec. 28 . 408 . Extension of Approval on Preliminary
Parcel Map.
Upon application , an extension of the approval of the
preliminary parcel map, not to exceed one (1) year, may
be granted by the Commission.
Sec. 28 . 409 . Final Parcel Map Procedure.
A. Submission of. Within one (1) year, or approved
extension thereof, after approval of the preliminary
parcel map, a parcel map showing each new parcel or
parcels created shall be filed with the Director of
Public Works . The filing shall include four (4) blue
line prints of the subject map . The parcel map shall
be prepared, by a registered civil engineer or licensed
land surveyor and compiled from record data or be based
upon a field survey in accord with the provisions of
Section 11576 of the State Subdivision Map Act . The
map shall bear certificates as prescribed below and
executed by the licensed surveyor or registered civil
engineer responsible for presentation of the parcel
map :
This map was prepared by me or under my direction
(and was compiled from record data, or, and is
based upon a field survey) in conformance with
the requirements of the State Subdivision Map
Act at the request of (name of person authorizing
the map) on , 19 I hereby
certify that it conforms to the approved prelimin-
ary parcel map and the conditions of approval
thereof; that all provisions of applicable state
law and local ordinances have been complied with .
Signed and Sealed
(L. S. or R.C.E . No. )
B. Form. The parcel map shall conform in size, material
and content with the requirements set forth in the Subdivi-
sion Manual .
C . Review and Approval . Within twenty (20) days after
receiving the parcel map or within such additional time as
may be reasonably necessary, the Director of Public Works
shall examine it for survey information shown thereon,
compliance with the provisions of this chapter and con-
formity to the preliminary parcel map , and if he is satis-
fied that the submission is technically correct and com-
plete , he shall place the following certification on the
map :
This map has been examined this day of
, 19 , for conformance with
the requirements of Section 11575 of the State
Subdivision Map Act and the applicable requirements
of the Subdivision Ordinance of the City of Chula
Vista.
(Signed)
Director of Public Works
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D. Recordation. Upon certification of the parcel map
and receipt of the necessary recording fee, the Director
of Public Works shall cause the map to be transmitted to
the County Recorder. The parcel map shall be recorded
prior to sale, lease , financing or separate use of any
parcel created or to the issuance of any building permit
related thereto. Following recordation, the applicant
shall supply one (1) cloth-backed copy of the recorded
map to the Director of Public Works .
ARTICLE 5 . RESERVED .
ARTICLE 6 . RESERVED.
ARTICLE 7 . RESERVED.
ARTICLE 8 . DEPOSITS AND FEES .
Sec. 28 . 801 . Street Tree Deposits .
A. The subdivider is required to install approved
street trees in accord with Section 28. 904 as lots within
the development are occupied. For those street trees which
have not been installed at time of acceptance of public
improvements , the subdivider shall deposit with the Direc-
tor of Finance the following amounts :
1. For all interior lots having less than seventy-
five feet (75 ' ) of street frontage , fifteen dollars
($15 . 00) per lot.
2 . For all other interior lots, twenty-five dollars
($25 . 00) per lot.
3 . For all corner lots whose street frontage is
less than one hundred and seventy-five feet (175 ' ) ,
twenty-five dollars ($25 . 00) per lot.
4 . For all corner lots whose street frontage is
one hundred seventy-five feet (175 ' ) or more, fifty
dollars ($50 .00) per lot.
B. No acceptance of public improvements shall be given
until such sums are received by the Director of Finance.
Such sums shall be deposited in the Public Works Street
Tree Trust Fund. Sums in this fund shall be used for pur-
chase and planting of trees at such time as the lots be-
come occupied.
C . Costs for labor and equipment required to plant trees
for which deposits have been made shall be determined by the
Director of Public Works . The Director of Finance shall
transfer sums so determined to appropriate opperating
accounts upon receipt of a summary of planting costs and
request for transfer of funds from the Director of Public
Works .
D. In any instance where the planting of a tree at a
specific site is determined by the Director of Public Works
to be impractical or where the adjacent property owner makes
practical objection to the planting of a tree, the deposit
for such tree may be utilized for the purchase and planting
of trees at any location within the public street system of
the City . ��_
�
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Sec. 28 . 802 . Fees; General.
1. Preliminary Parcel Map. Prior to the submission
of a preliminary parcel map with the Director of Planning
for processing, the property owner shall pay to the City
Clerk a fee in the amount of fifteen percent (158) of the
amount to be computed pursuant to the schedule set forth
herein. Said fee shall cover the entire processing of .
the parcel map to recordation, but shall not include
checking of any required improvement plans or inspection
of improvements . Fees for plan review and inspection of
public improvements for parcel maps shall be computed
pursuant to Section 27 . 305 of the Chula Vista City Code.
2 . Tentative Map . Prior to the submission of a tenta-
tive map to the Planning Department for processing, the
property owner or subdivider shall pay to the City a
filing fee in the amount of ten percent (10�) of the
amount to be computed pursuant to the schedule set forth
herein.
3 . Final Map and Improvement Plans . Prior to the
submission of a final map and unprovement plans or any
portion thereof to the Planning Department and/or the
Director of Public Works for processing, the property
owner or subdivider shall pay to the City a filing
fee in the amount of thirty percent (308) of the amount
to be computed pursuant to the schedule set forth herein.
4 . Publie Works Inspeetion. Following Council approval
of the final map but prior to the recordation of said map,
the property owner or subdivider shall pay to the City
a fee in the amount of sixty percent (608) of the amount
to be computed pursuant to the schedule set forth herein.
5 . Fee Schedule .
No. of Lots Fee
Up to 10 $400 plus $55 per lot
11 to 50 $950 plus $45 per lot over 10
51 to 100 $2 , 750 plus $35 per lot over 50
101 to 200 $4 , 500 plus $20 per lot over 100
201 and up $6 , 500 plus $15 per lot over 200
NOTE : Add surcharge of twenty percent (208) if average
lot area exceeds 15 ,000 square feet.
The fee schedule is intended to cover expense to the
City involved in processing a subdivision from checking
the tentative map through acceptance of the public improve-
ments , including inspection services . Soils and materials
testing are specifically excluded from services encompassed
within the subdivision fee schedule .
On-site improvements within the public rights-of-way,
as well as off-site improvements within the public rights-
of-way immediately adjacent to the subdivision boundary
shall be considered as included within the fee schedule .
However, review of plans and inspections required of
extensive off-site improvements shall be paid as a separ-
ate and additional fee . Such fee shall be in accordance
with the schedule set forth in Section 27 . 305 of this Code .
Where grading and/or slope planting is to be accomplished
under the subdivision agreement, a separate and additional
fee for such items only shall be collected in accordance
with Sections 29 . 224 and 29 . 225 of this Code.
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6 . Termination of Work . In the event that work on a
subdivision should terminate during any one of the three
(3) phases enumerated above , the Director of Public Works ,
in concurrence with the Director of Planning, shall have
the authority to establish the percentage of work actually
performed to date within the pertinent phase and the
amount of refund, if any, to be made .
7 . Recording. Upon the filing of the final map with
the City Council, the property owner or subdivider shall
deposit with the City Clerk a sum sufficient to cover the
cost of recording the map. Upon recordation of the final
map, the property owner or subdivider shall submit to
the City Engineer one (1) blue line cloth back print of
the recorded final map together with eight (8) blue line
prints of the recorded final map .
8 . Public Works Inspections . In addition to the fee
schedule established in this section and other sections of
this Code , relative to public works inspections , subdivider
or contractor shall pay to the City of Chula Vista, prior
to the acceptance of public improvements in any subdivision
or street right-of-way or easement for public purposes, the
sum of ten dollars ($10 .00) per hour for those public works
inspections undertaken outside of regular working hours or
on Saturdays , Sundays and legal holidays during the course
of construction of any public improvements .
ARTICLE 9 . SUBDIVISION DESIGN REQUIREMENTS AND
STANDARDS. '
Sec . 28 . 901. Requirements .
1 . Conformance to Standards . Except where modified by. -
the Council upon recommendation of the Planning Commission,
as provided by Article 14 of this chapter, each subdivision
and map thereof shall be in conformity with the standards
set forth or referred to herein .
2 . Buildable Lots . All subdivisions should result in
the creation of lots which are developable and capable of
being built upon. No subdivision should create lots which
are impractical of improvement due to steepness of terrain,
location of water courses , problems of sewerage or driveway
grades , or natural physical conditions .
3. Access to Public Streets . All lots or parcels
created by the subdivision of land shall have access to a
public street improved to standards hereinafter required.
Private streets , common driveways , or access easements shall
not normally be permitted. However, if the Commission de-
termines that the most logical development of the land
requires that lots be created which cannot feasibly be
served by a public street, a private access may be approved.
The subdivider shall submit a development plan showing the
alignment, width , grade and material specifications of any
proposed private improvements , the topography and means of
access to each lot, drainage and sewerage of the lots served
by such private improvements and a plan satisfactory .to the
Director of Public Works for ownership and maintenance of
said access and the liability for taxes thereon. Construc-
tion of these improvements as approved by the Director of
Public Works shall be completed prior to occupancy of any
buildings on lots served by a private access .
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U
Sec. 28. 902 . Streets .
A. Conformance to General Plan. The subdivision
design shall conform to the concept of major streets
designated in the General Plan, and to any future
street rights-of-way designated by the Commission and
approved by the Council . Whenever a subdivision em-
braces any major street, it shall be included in said
tract and shall be platted by the subdivider in the
location generally indicated or in a location specific-
ally designated by the Commission and approved by the
City Council .
B . Minimum Standards . Typical sections of various
classes of streets shall be in accord with Standard
Drawings 100 A, B and C, entitled "Typical Street
Sections " , and in accord with the following table :
Min.
Classification R/W Width Min. T/W. Width
Prime Arterial (6) Lane 126 ' 106 ' (18 � Median)
Major Road (4) Lane 100 ' :$2 ' (18 ' Median)
Collector Road (4) Lane 80 ' - 64 '
Residential Collector Street 55 ' 40 '
Residential Street 51 ' 36 '
Commercial-Industrial Road 72 ' S2 '
Frontage Road 46 ' 30 '
Two-Way Hillside Local Street 44 ' 32 '
One-Way Hillside Local Street 36 ' 24 '
Local Street (NO Parking) 34 ' 24 ' (P .U.D. only)
The basis for requirements for street and roadway widths
and design shall be the topography of the land and density
of development in terms of the proposed number of dwellings
to be served by said street or roadway on an ultimate basis .
Reduced right-of-way width shall, in all cases , be suffi-
cient to accommodate utility facilities within the right-
of-way.' - .
Improvements as set forth in Section 28 . 1001 shall be
installed within the half of an existing street adjacent
to the subdivision boundary . Substandard existing im-
provements shall be removed and replaced as directed by
the Director of Public Works . Where such existing street
has not previously been paved, paving having a minimum
width from face of curb to edge of pavement of twenty-
eight feet (28 ' ) shall be installed.
Half streets , when approved, shall be constructed
with a minimum paved width from face of curb to edge
of pavement of twenty-eight feet (28 ' ) .
The subdivider shall dedicate all right-of-way for. _
streets or portions of streets as. necessary within
the subdivision boundary . Full width dedications
within the subdivision shall have complete improve-
ments installed except that upon collector and. major
roads , paving upon each half may be a minimum of
twenty feet (20 ' ) in width from the face of curb to
edge of pavement.
The standards set forth hereinabove are minimum,
and additional on-site and/or offcsite public improve-
ments and dedications may be required.
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�
' ' C. Stree.t Pattern. The street pattern in the sub- •
. • division shall provide for the most advantageous devel-
opment of adjoining areas and the entire neighborhood
or district. The following principles shall be observed:
1 . Where appropriate to the design and terrain,
proposed streets shall be continuous and in
alignment with existing, planned or platted streets �
with which they are to connect . The center lines
of streets , if not in alignment, shall be offset
at least two hundred feet (200 ' ) unless other-
wise approved by the Director of Public Works for
reasons of severe topography , one-way streets ,
or other unusual circumstances .
2 . Proposed streets shall be extended to the boundary
lines of the land to be subdivided, .unless prevented
by topography or other physical conditions , or unless ,
in the opinion of the Commission, such extension is
not necessary for the coordination of the subdivision
with the existing layout or the most advantageous
future development of adjacent tracts . Where reserva-
tion for future street is made, slope rights along
the sides and end of the reserved area shall be pre-
served in the name of the City .
3. In the case of stub-end streets extending to the
boundary of the property, a one-foot (1 ' ) strip at
the end of the stub-end street the width of the street
right-of-way shall be deeded to the City pendinq the
extension of said street into adjacent property.
Where required, a temporary turn-around or a temporary
connection to another street shall be provided by
the subdivider.
4 . Proposed streets shall intersect one another as
nearly at right angles as topography and other limit-
ing factors on good design permit. Streets shall be
designed in a manner which will discourage the use
of local streets for through traffic. Four-way inter-
sections involving local streets shall be avoided
whenever possible .
D. Design Adjacent to Major and Collector Roads . Sub-
division design shall be in general accord with the concepts
of the General Plan, and as determined by the Commission .
The following principles and standards shall be observed.
1 . Street design should have the purpose of making
adjacent lots , if for residential use, desirable for
such use by cushioning the effect of heavy traffic
and of minimizing the interference with traffic on
such streets .
2 . The number of intersecting streets along major
streets and collector streets should be held to a
minimum. Wherever practicable , such intersections
should be spaced not less than one thousand feet
(1 ,000 ' ) on center.
3 . Residential lots adjacent to a major or collector
road normally will be required to be served by a
residential street paralleling said major or collec-
tor road or by a series of cul-de-sacs or loop
streets extending toward said major or collector
road from a parallel street. Where such double
frontage lots are created, improvements on such lots
shall be oriented to and front upon the local street.
A decorative concrete block wall (minimum height -
five feet [5 ' ] ) or a comparable material approved
by the Planning Commission shall be required at the .
-�8-
' ' top of slope adjacent to the major or collector road. -
• • Landscaping and permanent irrigation shall be pro-
vided in accordance with the standards specified in
the Chula Vista Landscape Manual and the Grading
Ordinance .
4 . When the rear of any lot borders any major or
collector road, the subdivider shall be required
to execute a certificate on the title sheet, deemed
sufficient by the City Attorney , prohibiting the
right of ingress and egress from said major or
collector road to said lot.
E. Grade, Curves and Sight Distances . Grades , curves
and sight distances shall be subject to approval by the
Director of Public Works , to insure proper drainage and/
or safety for vehicles and pedestrians . The following
standards shall be observed:
1 . Grades of streets shall be not less than five-
tenths percent (0 . 5�) , nor more than seven percent
(78) on major roads , ten percent (10�) on collector
roads , twelve percent (12$) on residential collector
streets , and fifteen percent (15�) on residential
streets . Maximum grade for hillside local streets
shall not exceed twenty percent (208) . Any grade
segment in excess of twelve percent (12�) may not
exceed three hundred feet (300 ' ) in length. For
all grades of twelve percent (12$) or more , the
installation of Portland Cement Concrete is required.
2 . At street intersections , property lines at each
block shall be rounded by an arc , the radius of
which shall not be less than ten feet (10 ' ) , and
shall be concentric with the curb return wherever
possible .
3. The radii of curvature shall be not less than
that specified in the following table. Determina-
tion of which topography classification to be used
shall be subject to approval by the Director of
Public Works .
Minimum Radius
Street Classification Moderate Topograp y Roug Topography
Major 1 ,000 ' 750 '
Collector 500 ' 300 '
Residential 200 ' 100 '
4 . Minimum required lengths of vertical curves
shall be determined through application of the
appropriate standard drawings as approved by the
Director of Public Works .
F. Curbs, Sidevalks and Pedestrian Ways . The following
principles and standards shall apply to the design and in-
stallation of curbs , sidewalks and pedestrian ways :
1 . Curbs , gutters and sidewalks shall be required
in all subdivisions except as noted in subsection 2 ,
below.
2 . The requirement for sidewalks may be omitted in
whole or in part by the Planning Commission provided
that the findings are made that such sidewalks are
not necessary because of any one of the following:
- 29 -
r.
, ' . ' . . � • �
(a) The traffic count on a particular street
is significantly reduced from the established
standard for local streets as determined by the
Director of Public Works , or (b) The design or
the topography of the subdivision and its rela-
tionship to adjoining properties and uses does
not warrant the standard sidewalk requirements
based upon the recommendation of the Director
of Public Works .
3. When required for access to schools , play-
grounds , shopping centers , transportation facilities ,
other community facilities , or for unusually long
blocks , the Planning Commission may require pedes-
trian ways not less than eight feet (8 ' ) in right-
of-way and paved with Portland Cement Concrete a
minimum of five feet (5 ' ) in width. Such pedes-
trian ways shall be bordered on each side with a
six foot (6 ' ) high , minimum, chain link fence and
a landscaped screen in conformance with the land-
scaping manual of the City of Chula Vista. In
lieu of the chain link fence , the Planning Com-
mission may require the subdivider to use a
masonry wall as specified in Section 28 .902 (D) (3) ,
minimum six feet (6 ' ) high , where they deem it
necessary for any one of the following reasons :
(a) Separation of land use .
(b) Acoustical buffer.
(c) Promotion of an architectural theme or
compatibility of the area.
4 . Where sidewalks are not required, Portland Cement
Concrete driveway aprons shall extend to the property
line .
Sec . 28 .903. Hillside Subdivisions and Planned Unit
Developments .
In either a Planned Unit Development or a Hillside Sub-
division or portions thereof which have an average lot size
of 20 ,000 square feet or larger and having an average slope
in excess of ten percent (108) prior to grading, the Commission,
in the exercise of its discretion , may modify the foregoing
requirements of this chapter in a manner that will result in
the best possible utilization of the land to be subdivided,
giving consideration to the topography and natural cover of
the land, the general character of the proposed subdivision,
the proposed zoning and the desirability of minimizing
grading upon the site .
Sec. 28 .904 . Street Trees .
Street trees shall be provided by the subdivider in all
subdivisions . Trees shall be planted within the street
right-of-way , within a dedicated planting easement, or
within a combination of both having a combined width of
ten feet (10 ' ) . Street trees shall be selected, installed
and maintained in accordance with Sections 27 . 801 et seq.
of the Chula Vista City Code.
- 30 -
Sec. 28 . 905 . Public Utility Facilities Undergroundin
Public utility facilities within or immediately adjacent
to subdivisions or parcel splits shall be undergrounded in
conformity with the provisions of Chapter 34 of the Chula
Vista City Code .
Sec. 28 . 906 . Easements ; Storm Drain and Sewer.
Easements for drainage or sewer purposes shall be provided
as necessary , in order to insure a clear air space of a
minimum width of ten feet (10 ' ) . Easements for large struc-
tures or unusually deep structures shall be of such greater
width as may be specified by the Director of Public Works .
Sec. 28 .907. Reserved.
Sec. 28 .908 . Lot Standards .
The size , shape and orientation of lots , each of which
shall constitute a practical building site , shall be appro-
priate to the location of the proposed subdivision and to
the type of development contemplated. The following
principles and standards shall be observed:
1 . The side lines of all lots , so far as possible,
should be at approximately right angles to the street
which the lot faces , or approximately radial to the center
of the curvature , if such street is curved. Side lines
of lots shall be approximately radial to the center of
curvature of a cul-de-sac on which the lot faces .
2 . No lot shall be divided by a City boundary line .
3. No remnants of property, with the exception of one
foot (1 ' ) control lots , shall be created which do not con-
form to lot requirements , or are not required for. a priyate
or public utility purpose.
4 . The division of a lot or parcel by a Tax Code
Boundary shall be avoided.
5 . Side lot lines between adjacent lots within a sub-
division should be located at the top of any grading slope
which may be proposed at such location .
6 . Unless otherwise altered by the provisions of a
Planned Unit Development, the minimum lot depth for resi-
dential development shall be not less than ninety feet
(90 ' ) with the following exception : Lots adjacent to
freeways , major streets or collector roads shall utilize
a minimum lot depth of one hundred ten feet (110 ' ) . to
provide sufficient separation from the road noise and to
facilitate the usable lot area.
Sec. 28 . 909 . Non-Residential Subdivisions ,
A. Conformance to General Plan . The street and lot .
layout of a non-residential subdivision shall be appropriate '
to the land use for which the subdivision is proposed, and
_ shall conform to the proposed land use and standards estab=
lished in the General Plan and Zoning Ordinance.
- 31 -
B. Principles and Standards . In addition to the prin=
ciples and standards in this chapter which are appropriate
to the planning of all subdivisions , the subdivider shall
demonstrate to the satisfaction of the Co�nission that the
street, parcel and block pattern proposed is specifically
adapted to the uses anticipated and takes into account
other uses in the vicinity . The following principles and
standards shall be observed :
1 . Proposed industrial parcels shall be suitable
in area and dimensions to the types of industrial
development anticipated.
2 . Street rights-of-way and pavement shall be
adequate to accommodate the type and volume of
traffic anticipated to be generated thereon.
3 . Special requirements may be imposed by the City
with respect to street, curb, gutter and sidewalk
design and construction.
4 . Special requirements may be imposed by the City
with respect to the installation of public utili-
ties , including water , sewer and storm drainage .
5. Non-residential subdivisions shall be designed
to protect adjacent areas from potential nuisance
from the proposed non-residential subdivisions ,
including the provisions of extra depth and setback
in parcels backing up on existing or potential
residential development and provisions for a per-
manently landscaped buffer strip when determined
necessary by the Planning Commission .
6 . Streets carrying non-residential traffic,
especially truck traffic, shall not normally be
extended to the boundaries of adjacent existing or
potential residential areas , or connected to streets
intended for predominantly residential traffic.
7 . Non-residential subdivisions shall take into
account and specifically designate all private areas
proposed for vehicular circulation and parking, for
pedestrian circulation , and for buffer strips and
other landscaping.
8. Buffer strips shall consist of landscaped areas
which are designed to shield and otherwise soften
the effect of the non-residential subdivision on
nearby residential areas . Said buffer strips shall
be improved to standards as specified in the Chula
Vista Zoning Ordinance .
ARTICLE 10 . PUBLIC IMPROVEMENTS AND GRADING REQUIRE-
MENTS .
Sec . 28 . 1001 . Minimum Requirements; Subdivisions and
Parcel Maps under Circumstances No. 1
and No. 8 , set forth in Section 28 . 401 .
The subdivider shall improve or agree to improve all
streets , thoroughfares , public ways or public or private
easements within the development and adjacent thereto, as
-32-
required to serve the development. No grading or improve-
ment work shall be commenced until either an appropriate
subdivision improvement agreement, land development per-
mit, or street encroachment permit has been approved and
any necessary bonds posted. Improvements shall be in-
stalled to line and grade and in accordance with the
standard drawings and specifications of the City of Chula
Vista and/or as determined by the Director of Public Works .
Street structural sections shall be designed in accord
with the "Standardized Method of Street Structural Design"
as prepared by the Director of Public Works . The minimum
improvements which the subdivider shall normally be re-
quired to agree to install , at his own cost, in the creation
of a parcel or parcels shall include the following:
1. Grading, curbs and gutter , paving and drainage
structures necessary for the proper use and drainage of
the development, streets , highways and/or public safety .
2 . Site grading and drainage, taking into considera-
tion the drainage pattern of adjacent improved or unim-
proved property and making drainage provisions adequate
for total ultimate development of the natural tributary
area. Runoff quantities to be anticipated sha11 be de-
rived from the drainage study as herein defined, or by
such other method as may be approved by the Director of
Public i4orks . Alternate methods shall be fully substan-
tiated by the engineer of work . Grading shall be in full
conformity with the provisions of the appropriate ordinances
of the City of Chula Vista, with the exception that the
work may be performed under the terms of the subdivision
agreement and no land development permit shall be required
in such cases . Drainage facilities and concepts shall
conform to the provisions of Ordinance No. 1032 relating
to the control of drainage areas and watercourses .
3 . Street name and traffic control signs .
4 . Sidewalks , except as provided in subsection F (2)
of Section 28 . 902 . .
5 . Fire hydrants and a water system with mains of suf-
ficient size and capacity to provide future extension to
adjacent property and having a sufficient number of services
to furnish an adequate water supply for each lot or parcel
in the subdivision and to provide adequate fire protection.
6 . Sanitary sewer facilities and connections for each
lot. Sewer mains , whose ' size and depth shall be adequate
to serve adjacent and upstream properties , shall extend
to the boundaries of the parcel map or subdivision.
7 . Street lighting facilities shall be installed per
City standards .
8 . Street trees .
9 . Underground utilities as required by
the Chula Vista City Code .
10 . Provision shall be made for any and all railroad
crossings necessary to provide access to or circulation
within the proposed subdivision, including the prepara-
tion of all documents necessary for application to the
California State Public Utilities Commission for the
establishment and improvement of such crossings .
-33-
11. Mid-block pedestrian ways , where required, shall
be in conformance with Section 28 . 902 (F) (3) .
12 . Improvements on private access easements shall be
required as determined by the Director of Public Works .
Sec. 28 . 1002 . Acceptance of Improvements .
The Director of Public Works shall have the authority
and responsibility to accept public improvements and
approve site grading relative to subdivision of land
whether through the subdivision process or the parcel
map process . Completion of all improvements and/or
grading as contemplated by the subdivision improvement
agreement, the land development permit or the street
encroachment permit is a condition of approval and
acceptance .
Sec. 28 . 1003. Installation of Utility Facilities .
All underground facilities including individual lot
services to the property line shall be completed prior
to installation of sidewalk, cross-gutter or street
pavement.
ARTICLE 11 . NEIGHBORHOOD AND COMMUNITY PUBLIC
FACILITIES .
Sec . 28 . 1101. Purpose and Intent.
It is the purpose and intent of the provisions of this
article to require the reservation or dedication of land
directly benefiting the regulated subdivision in order to
provide for necessary public facilities including, but
not limited to, sites for parks and recreational areas,
open space, schools , libraries , fire stations and police
substations . Zn addition to requirements for reservation
and dedication of lands , provision is made herein for
the payment of fees in lieu thereof for the acquisition
of lands outside of the regulated subdivision, which
lands will provide equivalent sites for the purposes set
forth herein to benefit said regulated subdivision . In
each case it is the intent that the subdivision will
receive the direct benefit upon which the exaction was
postulated.
Sec. 28 . 1102 . Dedications Generally .
1 . Land Intended or Needed for PubZie Use to be
Dedicated. All parcels of land intended or needed for
public use shall be dedicated to the City or offered for
dedication before a final map or parcel map is approved.
- 34 -
, , , - - .
2 . TitZe PoZicy to Accompany Dedication. All
dedications and offers of dedication shall be accom-
panied by a certificate of title or policy of title
insurance, issued by a title company authorized by
the laws of the State to write the same , showing the
names of all persons having a recorded interest in the
land to be dedicated or offered for dedication. Such
certificate or policy shall be submitted to the Director
of Public Works at the time the final map or parcel map
is submitted for examination and certification . After
the final map is recorded, or if dedications and offers
of dedication are by separate instrument, after such
instrument or instruments are recorded, a policy of
title insurance shall be issued for the benefit and
protection of the City . Any expense involved in
complying with the provisions of this section shall
be borne by the subdivider.
3. Dedication of Drainage Faeilities . If an improved
drainage facility is determined to be necessary for the
general use of lot owners in the subdivision or for local
neighborhood drainage needs , the subdivider shall dedicate
an adequate right-of-way for such facility .
4 . Dedication of Water Courses.. . If a subdivision is
traversed by a water course , channel , stream, creek or
swale , the subdivider shall dedicate an adequate right-
of-way for storm drainage purposes .
5 . Dedication of Future Streets . Wherever it is
determined that a street is necessary for the future
subdivision of the property as shown on the subdivision
map or for adjoining property , but that the present
dedication and construction of such street is not
warranted, the subdivider shall conditionally offer
such street for dedication . The widths and locations
of such streets shall be determined by the Director of
Public Works .
6 . Dedication of Rights-of-Way in Process of Con-
demnation. IP an easement for a right-of-way required
under the provisions of this chapter is in the process
of condemnation by the City at the time of the filing
of a final map or parcel map, the subdivider shall offer
the right-of-way for dedication
7 . Dedication of Access for Fire Protection. In
areas where , in the opinion of the Fire Chief, there
will be a fire hazard to the watershed or any other
properties , unobstructed easements not less than fifteen
feet (15 ' ) wide to provide access for fire protection
equipment shall be dedicated from the public street to
the subdivision boundary.
8 . Dedication of Public Utility Easements . Sanitary
sewer, storm drain, and other public utility easements
required by the City Council within the subdivision
shall be dedicated.
9 . Offer to Dedicate Re,jected Streets, Paths, Alleys
and Storm Drain Easements; to Remain Open. If, when the
final map or parcel map is approved, any streets , paths
alleys , or storm drainage easements are rejected, the
offer of dedication shall remain open and the Council
may , by resolution at any later date , and without further
action by the subdivider, rescind its action and accept
and open the streets , paths , alleys or storm drain ease=
ments for public use , which acceptance shall be recorded
in the Office of the County Recorder.
- 3s-
. , , - .
_ � , . , ,
Sec . 28 . 1103 Reservations and Dedications for
Public Facilities .
1 . New subdivisions shall connect to a dedicated and
improved (or bonded for) street and shall make provision
for dedication of necessary public riqhts-of-way, includ-
ing streets , pedestrian ways and utility easements , with-
in or adjacent to the subdivision.
2 . Access Rights . Where it is in the interest of the
public safety or welfare to limit the access to any street
or highway, the subdivider may be required to waive direct
access rights or easement of access to any such street or
highway from any property shown on the final map as abut-
ting thereon.
3 . Required Sites for Publie Faeilities . Tentative
maps for new subdivisions shall indicate sites for re-
quired public facilities , including, but not limited to,
sites for libraries , fire stations and police substations .
The required sites shall be offered to the City for im-
mediate purchase or under exclusive option for a period
of two (2) years from the date of execution, at current
unsubdivided land fair market values on said date of
execution pltis interest and any necessary costs in-
curred by subdivider from date of execution to date of
exercise of said option, which are beneficial to the
City . Such agreements shall be executed prior to City
approval of the final map or parcel map, and shall be
a condition of such approval .
4 . New subdivisions shall make the provision for
the continuation of existing streets in adjoining or
adjacent subdivisions insofar as these may be necessary
for public requirements . Streets shall be extended to
the boundary of the subdivision to provide suitable
access to adjoining property.
5 . A street or alley lying along the boundary of
• a subdivision may be dedicated less than the full
required width (but in no case less than one-half
[1/2] the required width) if it is practical to
require the dedication of the remaining width when
the adjoining property is subdivided. Such portion
of a street shall be distinctly designated upon the
map or plat as beinq a portion only of a street,
and not the street in full width.
6 . �dhenever there already exists a dedicated and
recorded half street or alley on an adjoining plat,
the other half must be dedicated on the proposed
plat to complete the street or alley right-of-way .
7 . Where practicable, access shall be provided
to major canyon areas via streets , alleys or other
public ways as may be necessary to provide for future
development and public safety .
- 36 -
��
� .
. . . ' 7 , P]herc ��iructi.caul.e ; access sh�:ll., }�e i� cvYae:l 'to ' . •
major canyon aroas vi.:i streets , all.ej�s or ot}ier puUlic ' .
� � Waj�S as ma�� be necessary �o provide for fut.ure. develop-
ment and public safety .
ARTICLE 12 . APPEAL OP' FINAL DECISIONS .
Sec. 28. 1201. A�pea1 •
Any action or proceeding to attach , review , set aside,
void or annul the decision of the City Council concern-
ing a subdi��ision , or any of the proceedings , ac'ts or
determinations taken , done or made prior to such decision ,
or to determine the reasonableness , leqality or validit}�
of any condition attached hereto in a court or competent
jurisdic.tion, shail not be maintained by any person unless
such item or proceedi�ig is commenced within one hundred
and eignty (180) days zfter the date of such decision.
Thereafzer , all perso�:s are barred irom any action or
proceeding or any def.ense of invalidity or unreasonable-
ness of such dec�sion or of such proceedings , acts or
determinations .
SECTION III : This ordinance shall take effect and be in full
force on the thirty-first day from ar.d after its passage and approval.
Presented by • Approved as to form by
� y� � /,��� �L�/j��,� /�'/,�
/. / / /"L�!l'�,^7� � .'�_ .'���� ''�
�� �Q� .,. : ' � �� � : �y .
Lan F. Cole , Direc of Georye 'D. Lin erg, City P.ttorney -
Pubiic P7orks
aDOPTED AND APPFO�J�D by the CI'PY COJNCIL of the CITY OF CHliLA
VISTA, CALIFORNIA, this 26th day of " ' " octotieY " , 1971 , by
the follor�ing vete , to-wit:
AYLS : Councilmen Scott, Hobel', Hamilton, Hyde; Egdahl . ' '
NAYES : Councilmen None
F�BS�NT: Councilmen None
. � -
� _ . � hiayor of t ie Ci y o Chula Vis' a ,
ATTEST `.
/% �� City C1erk
�
STATi: OF CALII'OR'�vIA ) .
COU\T1 OF S1N DI!ZGO ) ss .
CITY OF CFIULA VISTA )
I � , City Clerk of the City of
C�ltllu ViSLa� CulliOr111.1 ll0 :ili1�E:i3Y CI•:1i1'IFl ttldt. t}12 above 15 d LU11� t�'U�
and correct copy of Grdinanc� No . , and that the same has nol been
amen3ed or repealed. DAT�D
' � (:ity Cierk �
_ ae _