HomeMy WebLinkAboutOrd 1985-2100 ORDINANCE NO. 2100
AN ORDINANCE OF THE CITY OF CHULA VISTA ENDING
TITLE 18 (SUBDIVISION ORDINANCE) OF THE CHULA VISTA
MUNICIPAL CODE TO IMPLEMENT THE BAYFRONT SPECIFIC
PLAN
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Title 18 (Subdivision Ordinance) of
the Chula Vista Municipal Code be, and the same is hereby amended
as shown on Exhibit "A", attached hereto and incorporated herein
by reference as if set forth in full, to implement the Bayfront
Specific Plan.
SECTION II: This ordinance shall take effect on the
thirty-first day from and after its adoption.
Present~ Approved as to form by
P s, Director of ! homas J. ~on, City Attorney
T H
Community Development
FIRST READ AI'A REGULAR MEETING OF THE CITY COUNCIL OF~HE'
^ITY OF CHULA VISTA, CALIFORNIA, HELD January 24 , 19 85, AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD January 29 ,
19 85 , BY THE FOLLOWING VOTE, TO-WIT:
AYES: Councilmen: McCandliss, Scott, Moore, Cox, Malcolm
NAYES: Councilmen: None
ABSTAIN: Cotmcilmen: None
ABSENT: Councilmen: None
;.
of Vi.,a
-%TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio,
DO HEREBY CERTIFY thot the obove ond foregoing is o full, true ond correct copy of
ORDINANCE NO, 2100 ,ond fhot the some hoe not been omendedor repealed.
DATED
(seol) City Clerk
CC-660
SUBDIVISION
ORDINANCE
Proposed Revisions for
Local Coastal Program
January 1985
SUBD I V T S TONS
Chapters:
18,04 Subdivision Policy and Procedure
18,05 Exemption from Provisions of State
Subdivision Map ~ and Parcel
Hap Requi r~ents
18.08 Defi nitions
18.12 Tentative ~aps
18.16 Final Maps
18.20 Panel Maps
18.24 A~ustment Plats
18.28 Deposits and Fees
18.32 ~sign Requir~nts
18.36 Improvements
18.40 Dedications
18.44 Covenants, Planned Unit Developments and
Cond~i ni um Subdi visions
18.48 Violations and Remedies
18.52 Appeal s
18.54 Floodplain Regulations
NOTE: Footnotes are numbered throughout the text and
are located at the end of this title.
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Chapter 18.04
SUBDIVISION POLICY AND PROCEDURE1
Sections:
18.04.01 -Statutory authority.
18.04.020 Purpose, intent and scope of provisions.
18.04.030 Criteria for division and development of land--Generally.
18.04.040 Criteria for division and development of land--Adherence to
general plan and zoning ordinance, and, where applicable,
local coastal program required.
18.04.050 Criteria for division and development of land--Street design
and alignment and environmental protection.
18.04.060 Cri teri a for di vi si on and development of 1 and--Communi ty
facilities to be provided--Procedure.
18.04.070 Subdivider--Responsibilities generally.
18.04.080 Director of planning--Responsibilities generally.
18.04.090 Director of Public Works--Responsibilities generally.
18.04.100 Planning coa~nission--Responsibilities generally.
18.04.110 Maps--Filing and recordation required.
18.04.120 Provisions to be construed as restatements and continuations.
18.04.010 Statutory authority.
This chapter is enacted pursuant to the authority granted by Section 66421
of the Government Code of the State of California and in accordance with the
limitations of Section II of Article X1 of the Constitution of the state, the
general laws of the state, and Section 66410 et seq. of the Government Code of
the State, known as the Subdivision Map Act. The provisions of this chapter
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. In the event of any conflict arising between the provisions of
the certified LCP and the Subdivision Ordinance or other legal authorities
applying to the Subdivision Ordinance, the LCP shall control.
18.04.020 Purpose, intent and scope of provisions.
The purpose of this title and any rules, regulations, standards or
specifications adopted pursuant thereto, is to control and regulate the
division or consolidation of land within the city as well as such land as may
be hereafter annexed to the city and to provide for a clear and expeditious
procedure for this purpose. Said rules and regulations adopted pursuant to
this title as well as the regulations contained 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 or more parcels, or a
parcel map where land is to be divided into less than five 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
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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 specifications adopted by the city; to require
the subdivider to do the original work of placing the 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 regulation and control of the design and
improvement of a subdivision with a proper consideration of its relation to
adjoining areas and the effect said subdivision would have on such areas; to
require the establishment of open spaces and recreational areas in accordance
with rules and regulations that presently 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
subdivision of land; in the coastal zone, as defined in Public Resources Code
Section 30103, to require full compliance with the provisions of the certified
local coastal program; and to prevent fraud and exploitation 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. (Ord.
1369 (part), 1971: prior code ~ ZB.lOZ.)
18.04.0~0 Criteria for division and development of land--Generally.
The subdi vi ders hal 1 adhere to the fol 1 owl ng cri teri a set forth i n
Sections 18.04.040 through 18.04.080 in the preparation of a subdivision map
or a parcel map for the division of land, as more specifically defined in this
title or other provisions of. this code. (Ord. 136g (part), lg71: prior code
~ 28.104 (part).)
18.04.040 Criteria for division and development of land--Adherence to
general plan zoning ordinance, and, where applicable, local
ceastal program required.
The general plan of the city, as presently adopted or as it may hereafter
be amended, is accpeted as a guide for the use of all land within the
boundaries of the city 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 aS it may be applied to the
map, or ~n accordance with such zoning as may e the property
as a condition of a zoning ordinance incorporating land into a particular zone
subject to the filing of a subdivision map. In the coastal zone, as defined
in Public Resources Code Section 30103, the certified local coastal program
shall constitute the standard for all use of land. No subdivision approval
shall be given to any project located in the coastal zone which is found to be
in conflict with the certified Local Coastal Program. The type and intensity
of land use as shown in the Bayfront Land Use Plan shall determine the types
of streets, roads, highways, utilities, and public services that shall be
provided by the subdivider. For lands within the coastal zone, the subdivider
shall obtain a coastal development permit, as prescribed in Section 19.92 of
the Bayfront Specific Plan, in addition to the requirements of this Code.
(Ord. 1369 (part), 1971: prior code I 28.104(1).)
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18.04.050 Criteria for division and develolment of land--Street design nd
al t gnment and envi romental protecti on.
In designing and aligning streets within the subdivision, consideration
shall be given to the previously established street and highway network
continguous to the proposed subdivision, the effect of the extension of said
streets and ali gnment thereof i n u ndeve 1 oped 1 and surrounding the subdi vi si on,
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. 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. In the coastal zone, as defined in Public
Resources Code Section 30103, the design and alignment of streets shall be
consistent with the provisions of the certified local coastal program. (Ord.
136g (part), lg71: prior code S 28.104(2).)
18.04. 060 Cri teri a for di vi si on and development of 1 and--Communt ty
facilities to be provided--Procedure.
The subdivision procedures contained in this title and other requirements
and regulations adopted by ordinance and incorporated 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 required public
facilities serving said subdivision. This title establishes procedures for
the referral of proposed 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 facilitate 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
1 and for open space, parks, playgrounds and school s and other public
purposes. The council may, under such conditions and circ~nstances as
provided in this code, require that land be dedicated or fees be levied to
accomplish this purpose. (Ord. 1369 (part), 1971: prior code S 28.104(3).)
18.04.070 Subdivider--Responsibilities generally.
The subdivider shall prepare maps consistent with the design standards
contained herein and accomplish improvements consistent with the improvement
standards of the city and shall process said maps in accordance with the
regul ati ons set forth herei n. Subdi vi der shal 1 fu1 ly cooperate i n the
provision and development of areas for required public facilities. (Ord. 1369
:(part), lg71: prior code I 28.105(1 ).)
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18.04.080 Director of planning--Responsibilities generally.
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 planntng aspect of tentative maps and prompt referral thereof to other
governmental boards, bureaus and agencies and affected utility companies, both
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public and private. (Ord. 1 69 (part), 1969: prior code ~ 28.105(2).)
18.04.090 Director of publlc ~orks--Responstb111Mes generally.
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 regulations c ontai ned herein and
shall recommend or conditionally recommend to the city council the acceptance
of all such improvements. (Ord. 1369 (part), 1969: prior code S 28.105(3).)
18.04.100 Planning comrisston--ResponsibfitMes generally.
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 subdivisions and the confonnance of
such subdivisions with the general plan and this title, and, for the coastal
zone as defined in Public Resources Code Section 30103, the certified local
coastal program. The planni ng commi sston shal 1 report its actions and
recommendations concerning the tentative map to the council and the
subdivider. The council shall act thereon and report is action to the
subdivider. (Ord. 1369 (part), 1969: prior code S 28.105(4).)
18.04.110 Iqaps--Fil fng and recordatton required.
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 planning department and, as provided in this title, shall procure the
recordation respectively of a ftnal subdivision map or a parcel map with the
county recorder which shall, in all respects, be in full compliance with the
provisions of this code. (Ord. 1369 (part), 1969: prior code S 28.106.)
18.04.120 Provisions to be construed as restatements and continuations.
The provisions of this title, insolaf as they ape substantially the same
as existing provisions relating to the same subject matter, shall be construed
as restatements and continuations thereof and not as new enactments. (Ord.
1369 (part), 1969: prior code ~ 28.111(2).)
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Chapter 18.05
EXEMPTION FROM PROVISIONS OF STATE SUBDIVISION
MAP ACT All) PARCEL MAP REQUIRE]MENTS
Sectl ons:
18.05.010 Shopping center exemption--State Subdivision Map Act and parcel
map requirements.
18.05.010 Shopping center exemption--State Subdivision Map Act and parcel
map requirements.
A. In all cases wherein financial arrangements or leasehold agreements are
entered into regarding portions of approved shopping centers, the
requirements of the State Subdivision Map Act and parcel map requirements
specifically contained therein are hereby waived.
B. It shall be the policy of the city to require that no division of land or
buildings within such shopping centers shall be allowed, and that any
leasing or financing of portions of the premises shall not constitute a
division of land or allow for any alienation of such property in a
shopping center unless specifically approved by the city council of the
city of Chula Vista. All financing or leastng arrangements shall be
subject to the approval of the city, and shall be conditioned by specific
agreements that no sale of said property into separate ownership, either
by negotiation, foreclosure or operation of law, may be undertaken without
the filing of an appropriate subdivision or parcel map. (Ord. 1838 S 1,
1978. )
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Chapter 18.08
OEFIIiITIONS
Sections:
18.07.010 Definitions generally.
18.08.020 Alley.
18.08.030 Block.
18.08,040 City manager,
18.08.050 Coastal cmmatsston.
18,08,060 Coastal zone,
18.08.070 Commission,
18,08,080 Counct 1.
18.08.090 Cul -de-sac.
18,08.100 Director of planning,
18,08,110 Director of publtc works.
18,08,120 Freeway, major road and collector road,
18,08.130 Frontage road,
18,08,140 General plan,
18,08,150 Lecal Coastal Program,
18.08,160 Lot.
18.08.170 Map Act.
18,08,180 Map, final subdivision.
18.08.190 Map, parcel.
18.08.200 Map, preli~nary parcel.
18.08.210 Standard spectftcatioes.
18.08.220 Street, residential and industrial service street.
18.08.230 Street, residential collector.
18.08,240 'Subdivider.
18.08.250 Subdtvtder's engineer.
18.08,260 Subdt vt st on.
18.08.270 Subdivision, major.
18.08.280 Subdivision manual.
18.08.250 Subdivision, mtnor.
18.08,300 Subdivision, tentative.
18.08.310 Usable park land.
18.08.101 Definitions generally.
Whenever any words or phrases used in this title are not defined herein,
but are defined in the Government Code or Public Resources Code of the state
of California, or in the zoning ordinance or certified local coastal program
of the city, 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 indicate)a contrary intention. (Ord. 1369 (part), lg71;
prior code ~ 28.103 (part).)
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18.08.020 A11e,y.
"A1 ley" means a street providing only secondary access to abutting
property. (Ord. 1369 (part), 1971: prior code § 28.103 (part).)
1B.08.03O Block.
"Block" means 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. (Ord. 1369 (part), lgTl: prior code § 28.103
(part).)
18.08.040 City manager.
"City manager" means the city manager of Chula Vista or his duly
authorized representative. (Ord. 1369 (part), lg71: prior code ~ 28.103
(part).)
18.08.050 Coastal cemetsston.
"Coastal commission" means the California Coastal Conmnission as defined in
Public Resources Code Section 30105.
18.08,060 Coastal zone,
"Coastal zone" means that land and water area of the city of Chula Vista
as defined in Public Resources Code Section 30103 and is more particularly
delineated in Map Number of the maps adopted by the California Coastal
Commission on r4arch 27, lglIlT'.
18.08.070 Coemt sst on.
"Comission" means the planning commission of Chula Vista. (Ord. 1369
(part), lgT1: prior code § 28.103 (part).)
18.08.080 Council.
"Council" means the city council of Chula Vista. (Ord. 1369 (part), 1971:
prior code I 28.103 (part).)
18,08,090 Cul-de-sac,
"Cul-de-sac" means a street open at one end only, and providing at the
other end special facilities for the turning around of vehicular traffic.
(Ord. 1369 (part), 1971: prior code ! 28,103 (part),)
18.08.100 Director of planning,
"Director of planning" means the director of planning of Chula Vista or
his authorized representative. (Ord. 1369 (part), 1971: prior code § 28.103
(part).)
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18.08.110 Director of public works
"Director of public works" means the director of public works of Chula
Vista or his duly authorized representative. (Ord. 136g (part), 1971: prior
code ~ 28.103 (part).)
18.08.120 Freeay, major road and collector road.
"Freeway," "major road" and "collector mad" means any vehicular route so
designated on the general plan and shall be for the purpose of collecting and
carryin la_rge volumes of traffic. (Ord. 1369 (part), 1971; prior code ~
28.103 ?part).)
18.08.130 Frontage road.
"Frontage road" means a street contiguous to a freeway, major road, or
collector road, separated therefrom by a dividing strip and providing access
to abutting property. (Ord. 1369 (part), lg71: prior code § 28.103 (part).)
18.08.140 General plan.
"General plan" means the general plan of the city, adopted September 22,
1964, and any amendments thereto. (Ord. 136g (part), 1971: prior code
28.103 (part).)
18.08.150: Local Coastal Program
"Local Coastal Program" means the City of Chula Vista Bayfront Local
Coastal Program, which consists of the Land Use Plan as certified by the
Coastal Conmnission in March, 1984, and the Specific Plan and other
implementing actions as certified by the Coastal Commission.
18.08.160 Lot.
"Lot" means 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 separate
use as of the effective date of the ordinance codifi ed herei n or as
subsequently created in accordance with this title. The term "lot" shall
further include any parcel which, at the time of annexation to the city, is a
parcel of record. (0rd. 1369 (part), lgTl: prior code i 2B.103 (part).)
18.08.170 Nap Act.
"Map Act" means the Subdivision Map Act of the state of California. (0rd.
1369 (part), 1971: prior code ~ 28.103 (part).)
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18.08.180 Nap, final subdivision.
"Final subdivision map" means a map prepared in accordance with the
provisions of this title and the Subdivision Map Act of the state, which map
is designed to be placed on record in the office of the San Oiego County
recorder. (Ord. 1369 (part), 1971: prior code S 28.103 (part).)
18.08.190 Nap, parcel.
"Parcel map" means a map and/or the process of dividing or consolidating
land under the conditions set forth in Chapter 18.28 of this code for the
purpose of sale, lease, transfer or financing, whether imediate or future, by
any person. (Ord. 1369 (part), 1971: prior code ~ 28.103 (part).)
18.08.2130 Nap, preliminary parcel.
"Preliminary parcel map" means 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. (Ord. 1369
(part), 1971: prior code ~ 28.103 (part).)
18.08.210 Standard specifications.
"Standard specifications" means standards specifications and standard
drawings prepared by the director of public works and approved by resolution
of the city council. (Ord. 1369 (part), 1971: prior code ~ 28.103 (part).)
18.08.220 Street, residential and industrial service street.
"Residential street" and "industrial service street" means a street
intended wholly or principally for local traffic, or service to abutting
property. (Ord. 1369 (part), 1971: prior code ) 28.103 (part).)
18.08.230 Street, residential collector.
"Residential collector street" means a street, intermediate in importance
between a residential street and a collector road and which has the purpose of
collecting traffic from local streets and carrying it to a major road. (Ord.
1369 (part), 1971: prior code S 28.103 (part).)
18.08.240 Subdivider.
"Subdivider" means any individual, firm, association, syndicate,
co-partnership, corporation, trust or any other legal entity c~,-,encing
proceedings under this title, to cause land to be divided into a subdivision
for himself or for another and while used here in masculine gender and
singular number, it shall be deemed to mean and include the feminine or neuter
gender and plural number whenever required. (Oral. 1369 (part), 1971: prior
code ~ 28.103 (part).)
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18.08.250 Subdt vi der ' s engineer.
"Subdivider's engineer" means any individual or firm retained by the
subdivider, and who is duly qualified to perform the duties of the engineer of
work. (Ord. 136g (part), 1971: prior code ~ 28.103 (part).)
18.08,230 Subdivision.
"Subdivision" means the division, by any subdivider, of any unit or units
of improved or unimproved land, or any portion thereof, shown on the latest
equalized county assessment roll as a unit or as contiguous units, for the
purpose of sale, lease or financing, whether immediate or future except for
leases of agricultural land for agricultural purposes. Property shall be
considered as contiguous units, even if it is separated by roads, streets,
uti 1 i ty easement or rai 1 road ri ghts-of-way. "Subdi vi si on" i ncl udes a
condominium project, as defined in Section 1350 of the Civil Code, a community
apartment project, as defined in Section llO04 of the Business and Professions
Code, or the conversion of five or more existing dwelling units to a stock
cooperative, as defined in Section 11003.2 of the Business and Professions
Code. As used in this section, "agricultural purposes" means the cultivation
of food or fiber or the grazing or pasturing of livestock.
18.08.270 Subdivision, tam, or.
"Major subdivision" means any real property, improved 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 or
more parcels. Any division made solely for the purpose of street widening
shall not be a subdivision, nor shall any land given under eminent domain
~roceedings or threat thereof. (Ord. 1369 (part), 1971: prior code ! 28.103
part). )
18.08.280 Subdivision manual.
"Subdivision manual" means the manual of procedure entitled Subdivision
Manual pertaining to the division or consolidation of land as prepared by the
director of public works and approved by resolution of the city council,
including amendments to said manual which may be made from time to time.
(Ord. 136g (part), 1971: prior code ~ 28.103 (part).)
18.08.290 Subd(vis~on, m~nor.
"Minor subdivision" means any real property, improved 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 or
less parcels, or the division of land into any number of parcels where the
following conditions prevail:
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A. The whole parcel before division contains less than five 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;
B. Any parcel or parcels divided into lots or parcels, each of a gross area
of twenty acres or more, and each of which has an approved access to aw
maintained public street or highway;
C. 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
commercial development, and which has the approval of the city as to
street alignments and widths;
D. Any parcel or parcels of land divided into lots or parcels, each of a
gross area of forty acres or more. or each of which is a quarter-quarter
section or 1 arger.
(Ord. 136g (part), 1971: prior code S 28.103 (part).)
18.08.300 Subdivision, tentative.
"Tentative subdivision" means a map made for the purpose of showing the
design of a proposed subdivision and the existing conditions in and around it,
and need not be based upon a detailed final survey of the property. (Oral.
136g (part), 1971: prior code § 28.103 (part).)
18.08.310 Usable park land.
"Us able park 1 and" means 1 and which meets the fol 1 owl ng mini mum
requirements and is determined to be acceptable by the titrector of parks and
.recreation:
*A. Graded in conformance with a plan approved by the city;
B. All street improvements installed, or bonded for;
C. Turf and/or turf and D.G.;
D. A11 utilities required by the city, extended to the property line;
E. One tree per one thousand square feet of land area;
F. Irrigation system.
(Ord. 1369 (part), 1971: prior code ~ 28.103 (part).)
Chapter 18.12 I,,
TENTATIVE MAPS2 J
Sections:
18.12.010 Ftltng required--Copies--Time--Instructions.
18.12.020 Fees.
18.12.030 Preparation by registered engineer.
18.12.040 Compliance with subdivision manual specifications required.
18.12.050 Director of planning--Duties and responsibilities.
18.12.060 Subdivision and development commetttee--Membershtp--Powers and
duties.
18.12.070 Dtrector of public works--Duties and responsibilities.
18.12.080 Planning coeetsston--Revtew and report duties.
18.12.090 Ctty couecll--Mpproval or disapproval authority.
18.12.100 Publtc hearing when--Notice required.
18.12.110 PuNic heartng on subdivisions in the coastal zo,e--Notice
required.
18.12.120 City clerk to give notice of council deten, tnatton.
18.12.130 Variance or suspension of requirements granted when--Public
heart ng required.
18.12.140 Docueents and data--Filing required.
18.12.150 Expiration of tentative map and extension of time for filing
final map--Application required--Public hearing.
1B.12.010 Filing required--Copies--Time--Instructions.
Each subdivider of either a major or a minor subdivision 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 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 subdivider and/or the owner of the property
proposed to be subdivided. (Ord. 1369 (part), lg71: prior code ~ 28.201.)
18.12.020 Fees.
Fees shall be paid in accordance with Sections 18.28.020 through 18.28.090
of this title. (Ord. 1369 (part), 1971: prior code S 28.202.)
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18.12.030 Preparation by registered engineer.
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. (Ord. 1369 (part), 1971: prior code § 28,203. )
18.12.040 Co~liance with subdivision manual specifications required.
The tentative map shall be drawn to such size and scale and contain such
information as set forth in the subdivision manual. {Ord. 1369 (part), 1971:
prior code § 28.204. )
18.12.050 Director of planning--Duties and responsibilities.
Within two working days of filing of a tentative subdivision map, the
director of planning shall transmit the requested number of copies of said map
together with accompanying data to such public agencies and public and private
utilites as may be concerned. Each of the public agencies and utilities may,
within ten 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 days after submission, the director of planntng will hold a
conference on the tentative '(~ha tt~,e subdivider and the subdivision and
developrant committee. (Ord.%a~6~1 r 1971: prior code § 28.205(1).)
18.12.050 Subdivision and development coemtttee--I~ersbtp--Powers and
duties,
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 designated members of his staff. Said camnittee shall make such
recommendations to the subdivider as seem proper regarding such tentative map,
and shall recommend consultations by the subdivider with subh organizations,
including public and private utilities, as it shall designate and shall report
its conclusions and findings to the subdivider within seven days of said
conference. This procedure is not required in the processing of a parcel
map. However, consultation with the director of planning prior to the
preparation of a preliminary parcel map is recommended. (Ord. 1369 (part),
1971: prior code ~ 28.205(2).)
18.12.070 Director of public works--Duties and responsibilities.
The di rector 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 days after receipt of the map. In the coastal zone, the report of
the public works director shall also state how the tentative map complies with
the requirements of the certified Local Coastal Program and shall be submitted
to the Redevelopmerit Agency rather than the planning conmnission for review.
(Oral. 1369 (part), 1971: prior code § 28.205(3).)
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18.12.080 Planning cmmtsslon--Review and report duttes.
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 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
faci 1 itate any field review of the pl anning commission. The planning
commission shall report, in writing, on the map of any subdivision submitted
to it within fifty days after the tentative map has been filed and the re oft
shall recommend approval, conditional approval or disapproval. he number,
T
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 apprevable
which involve modifications to lots in terms of number, size or configuration,
or to streets in terms of 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 v~th 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 conformity with such
conditions. (Ord. 1369 (part), lgTl: prior code I 28.205(4).)
18.12,090 City council--Approval or disapproval authority.
Within ten 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. In the coastal zone, the
proposed map shall in addition meet the requirements of the certified Local
Coastal Program and not result in the creation of a parcel or lot proposed for
development that i s total ly 1 ocated wi thin an envi romental ly sensi tive
habitat area or flood hazard area. ((Ord. 1369 (pa~), lgTl: prior code ~
28. 205( 5). )
18.12.100 Public hearing when--Notice required.
If the subdivision and development 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 commission prior to action
being taken on the map, it may request the director of planning to set such
hearing before 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 of the exterior boundaries of the property
involved at least ten 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. (Ord. 136g (part), 1971: prior
code S 28.205( 6). )
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18,12,110 Publlc hearing on subdivisions fn the coastal zone--Notice
requt red.
At least ten calendar days before any public hearing on a proposed
subdivision in the coastal zone, notice shall be given of the time, date, and
place of such hearing, including a general description of the area to be
affected, and the street address, if any, of the property involved. Said
notice shall be published at least once in a newspaper of general circulation
in the City. In addition, notice of the hearing shall be given by mail or
delivery to all persons, including businesses, corporations, or other public
and private entities, shown on the last equalized assessment roll as owning
real property within 300 feet of the property which is the subject of the
proposed change, as well as all residents within lO0 feet of the property
which i s the subject of the proposed change, the Cali forni a Coastal
Commission, and any person who has filed a written request with the city clerk
or secretary of the redevelopment agency. Such a request may be submitted at
any time during the calendar year and shall apply for the balance of the
calendar year. The redevelopment agency may impose a reasonable fee on
persons requesting such notice for purpose of recovering the cost of such
mailing. Substantial compliance with these provisions shall be sufficient and
technical failure to comply shall not affect the validity of any action taken
pursuant to the procedures of this chapter or the certified Local Coastal
Program.
18.12.120 City clerk to give notice of council determination.
The city clerk shall notify the subdividers. in writing, of the action
taken by the city council. In the coastal zone, the city clerk shall provide
notice within seven (7) calendar days of the final decision on the application
for a tentative map. Such notice shall include conditions of approval, if
any, written findings to support the decision, and the procedures for filing
an appeal to the Coastal Conmission, if applicable, and shall be sent by first
class mail to the subdivider, the Coastal Commission, and any person who
specifically requested notice of final decisions on subdivision applications.
(Ord. 1369 (part), 1971: prior cnce § 28.205(7).)
18.12,130 Variance or suspension of requirements granted when--Public
hearing required.
In approving a tentative map, the planning commission or council may grant
a suspension of any of the subdivision 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 conmnission or the council. Any such suspension or variance shall be
based upon a sufficient showing that there are special circumstances or
conditions affecting the property in question and that such suspension or
variance, if granted, will not be materially deterimental to the general
welfare of adjacent persons or property, and such other findings for
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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 chapter. In the coastal zone, the city council may grant
a variance from the requirements of the certified Local Coastal Program and
this chapter only if it does not affect environmentally sensitive habitat or
public access to and along the bayfront, will not otherwise create adverse
environmental effects on coastal resources, and written findings based on
substantial evidence are adopted in suppport thereof. (Ord. 136g (part),
1971: prior code S 28.206.)
18,12,140 Documents and data--Filing required,
One 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. (Ord. 1369 (part), 1971: prior code ~
28. 207. )
18.12.150 Expiration of tentative map and extension of time for filing
final map--Appl tcatton requi red--Pub1 ic hearing,
A. The approved or conditionally approved tentative map shall expire in
thirty-six months in accordance with the total authorized period of the
present or as amended requirements of Section 66452.6 of the Subdivision
~lap Act unless it is extended in accordance with the provisions of this
section. Within such time period or the period of any extension thereof,
the subdivider may cause a final map to be prepared and submitted to the
city council for approval or disapproval in accordance with the tentative
map as approved or conditionally approved and in accordance with the
Subdivision Map Act and the provisions of this title.
B. The subdivider may request an extension of the approved or conditionally
approved tentative map by written application to the director of
planning. Such application shall be filed at least thirty and not more
than ninety days before the approval or conditional approval is due to
expire. The application shal 1 state the reasons for the requested
extension and at any time within ninety days of the expiration o~ the
map. The planning director shall determine whether a public hearing is
required based on changing conditions in the area. After conducting a
public hearing or reviewing the requested extension, the planning
commission may approve or deny-the requested extension. An extension
shall not exceed thirty-six months as provided in Section 66452.6 of the
Subdivision Hap Act. In the event the planning commission denies a
subdivider's application for extension or refuses to extend the tentative
map for the full period as authorized by the Subdivision Hap Act, the
subdivider may within fifteen days appeal to the city council. Following
the meeting or the hearing on an appeal from the decision of the planning
commission, the city council shall grant or deny the extension.
(Ord. 2008 ~ 1, 1982: Ord. 1369 (part), 1971: prior code ~ 28.208.)
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Chapter 18.16
FINAL MAPS3
Secttons:
18.16.010 Filing required--Time--Preparation specifications--Fee.
18.16.020 Documents to be included--Required generally.
18.16.030 Documents to be included--Closures.
18.16.040 Oocuments to be included--Grading plans.
18.16.050 Documents to be included--Improvement plans.
18.16.060 Oocuments to be tncluded--!)estgn date.
18.16.070 Docmeents to be included--Report and guarantee of clear title.
18.16.131)0 Documents to be Included--Title sheet.
18.16.050 Documents ~ be inclu~d--Esgtneer's estimate.
18.16.1130 IR~revement agreeent--To be filed with security instruments
--bceptt on.
18.16.110 Deeds and easements--Filing time--Preparation.
18.16.120 Certtficatos and ~ueents regar~ng t~es and assessments.
18.16.1;)0 Engtaeer's esttmte of improvement costs-~ontents--Scope.
18.16.140 Director of public works--Examination and determination duty.
18.16.150 City council determination authority--Requirements to be met.
1B.16.160 Action following council approval--Recordatton required.
18.16.170 Preparation to be in compliance with subdivision manual.
18.16.180 Nonumentation requirements.
18.16.lgO Construction prerequisites--Requirements generally.
18.16.200 Construction prerequisites--Plans, specifications, estimates
and soil report.
18.16.210 Construction prerequisites--Improvement agreement.
1B. 16.220 Construction prerequt si tes--Securt ty arrangements--General ly.
18.16.230 Constructt on prerequi st tes--Securi ty arrangements--Bonds.
1B. 16.240 Construction prerequt si tes--Securi ty arrangements--Cas h
depostts.
18.16.250 Construction prerequisites--Security arrangements--Instruments
of credit.
18.16.250 Constructt on prerequf st tes--Securt ty arrangements--Postt ng
required prior to endorsement of certificates.
18.16.270 Constructton prerequ t st tes--Sec uri ty
arrangements--Appl tcabil try to parcel maps.
18.16.250 Construction prerequisites--Completion and payment required
before presentation.
18.16.290 Work prior to teroveeent agreement--Special permit required.
18.16.30o Security arrang~nts--Pregress paJnaents.
18.16.310 Securtiky arrangements--Release of surety.
18.16.320 ~uri ty arrangeents--Forefet ture of surety--Lt abt 1 tty of
subdivider when.
18.16.330 Security arrangements--Maintenance bond required.
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18.16.01 0 Ff 1 ~ ng requt red--Ttee--Preparatton specifications--Fee,
Within eighteen months after approval of the tentative map, or an
extension of said approval, the subdivider 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 surveyor, in conformation
with the tentative map as approved or conditionally approved and with the
requirements set forth in this chapter. Six 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 18.28.020 through 1B. 28.090 of this
title. (Ord. 1369 (part), lgTl: prior code i 28.301.)
18.16.020 Documents to be included--Required generally.
At the time of submitting the final map to the director of public works,
the subdivider shall submit therewith the docments listed in Sections
18.16.030 through 18.16.090 herein. The final map shall not be considered as
filed until all documents listed are completed and submitted except as
specifically noted. (Ord. 1369 (part), 1971: prior code S 28.302 (part).)
18.16.030 Documents to be included--Closures.
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. (Ord. 1369 (part), 1971: prior code § 28.302(1).)
18.16.040 Documents to be included--Grading plans.
Detailed plans, soil reports, geologic reports and other data shall be
included if required under the grading ordinance of the city. In the coastal
zone, detailed grading plans, soil reports, liquefaction reports, geologic
reports, and other data required by the certified Local Coastal Program shall
be included at the time of submittal of the final map to the director of
public works. (Ord. 1369 (part), 1971: prior code ~ 28.302(2).)
18.16.050 Docmnts to be included--Improvement plans.
Detailed plans, cross-sections, profiles and specifications in the number
specified by the director of public works of the improvements to be installed
as requi red by the provi si ons of this chapter and by the standard
specifications, and of all other improvements 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 shall be included. All
such plans shall be prepared in accordance with the requirements of the
director of public works. (Ord. 1369 (part), 1971: prior code ~ 28.302(3).)
18.16.060 Documents to be Included--Design data.
Complete design data, assumptions and computations, in accordance with
sound engineering practice, shall be submitted to substantiate hydraulic and
structural designs. (Ord. 1369 (part), 1971: prior code § 28.302(4).)
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18.16,070 Documents to be included--Report and guarantee of clear tttle.
A. 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 and environmentally sensitive
habitat areas 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.
B. [n lieu of the certificate required hereinabove, there may be filed with
the director of public works a subdivision guarantee from a title company
which guarantees that the parties named therein are the only parties
having any record title interest in the land subdivided.
C. When such a subdivision guarantee is used, the owner's certificate shall
bear the signatures of all parties owning any record title interest in the
land subdivided except those which have been omitted pursuant to Section
11587 of the Subdivision Map Act. The names of any parties who own
interests described in Section 11587 of the Subdivision Map Act and who
have not signed the owner's certificate, together with a description of
their respective interests and the reasons why they have not signed the
certificates.
D. In addition to the subdivision title guarantee provided for herein,
evidence satisfactory to the city attorney shall be submitted prior to the
approval by the city of the final map showing that title insurance has or
will be issued covering the property subject of the map.
1 code ~ )
(Ord. 1391 § l, lg72: Ord. 136g (part), 971: prior 28.302(5).
18.16.080 Documents to be included--Title sheet.
The title sheet may be submitted no less than ten days prior to city
council consideration of the final map. (Ord. 136g (part), lg71: prior code ~
28.302( 6). )
18.16.090 Documents to be incl uded--Engineer's estimate.
The subdivider's engineer's estimate shall be submitted following the
initial review of the final map and improvement plans by the city. (Ord. 1369
(part), 1971: prior code ~ 28.302(7).)
18.16.1 O0 Improvement agreement--To be fl 1 ed wtth securtty
t nstruments--Exceptt on.
The subdivision improvement agreement, as set forth in Sections 18.16.1gO
through 18.16.280 of this chapter, shall be fully executed and submitted for
the approval of the city attorney at least eight days prior to city council
consideration of the final map. The security instruments, as required herein,
should be filed concurrently with the subdivision improvement agreement;
provided however, such security instruments may be filed with the city clerk
not later than sixty days from the date of approval and acceptance of the
final map. Failure to comply with this provision will automatically void
council approval of the final map and the final map must be resubmitted to the
council. In no event shall said map be recorded prior to the submission of
necessary security instruments. (Ord. 1369 (part), 1971: prior code ~ 28.303.)
18.16.110 Deeds and easements--Filing time--Preparation.
.i
Deeds for one-foot control lots, easements for the installation of
off-site public improvements, and in the coastal zone for public accessway,
drainage, and scenic easements, shall be submitted in duplicate in fully
executed form at least eleven days prior to council, or in the coastal zone,
redevelopment agency, consideration of the final map. Deeds for one-foot
control lots shall leave sufficient space in legal description for insertion
of the appropriate record map n~nber following recordation of the subject
map. (Ord. 1369 (part), 1971: prior code i 28.304.)
18.16.120 Certificates and docueents regarding taxes and assessments,
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
Subdi vi si on Map Act or an amendments thereto tel ati ng to taxes and
assessments. (Or . 1 69 (pa~t~, lg71: prior code ! 28.305.) d 3
18.16.130 Engineer's estimate of improvement costs--Contents--Scope.
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 unless such
work is to be performed under separate grading permit. (Ord. 1369 (part),
lgT1: prior code ~ 28.306.)
18.16.140 Director of Public Works--Examination and determination duty.
· 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, which shall examine them to determine:
A. That the subdivision as shown is substantially the same as it appeared on
the approved tentative map, and any approved alterations thereof;
B. That all provisions of law and of this chapter applicable at the time of
approval of the tentative map have been complied with; and
c. 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 enable 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 days following the submission 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.
(Ord. 1369 (part), 1971: prior code ~ 28.307.)
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18.16.150 City council determination authority~-Requi~ements to be met.
A. In the event that all improvements required or conditions imposed as
conditions of approval under the provisions of this chapter or by law are
not completed before the filing of the fine1 map, the council shall enter
into an agreement for the i nstal 1 ation 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 supervisors and the
county recorder shall be affixed to the title sheet at least eight days
prior to council consideration of the final map. The abstract of title
certificate may be executed at any time prior to council consideration of
the final map. The bond and agreement provided for in the preceding
section shall be filed with the city clerk within sixty days from date of
approval and acceptance of the final map. If compliance is not so had,
then the council approval shall be automatically void and a final map must
be resubmitted to the city council.
B. 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 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.
(Ord. 1369 (part), 1971: prior code ~ 28.308.)
18.16,160 Action following council approval--Recordation required.
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 Hap Act,
otherwise the map will not be recorded. (Ord. 136g (part), lgTl: prior code ~
28.309. )
18.16.170 Preparation to be in cempliance with subdivision manual.
The final map shall conform in size, material, scale and content with the
requirements as set forth in the subdivision manual. (Ord. 136g (part), 1971:
prior code ! 28.310.)
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~-/00
18.16.180 Honumentatton ~equt~ements.
Monumentation shall conform with the requirements as set forth tn the
subdivision manual. The map shall show fully and clearly what monuments have
.been or are to be set. (Ord. 1369 (part), 1971: prior code S 28.311.)
18.16.190 Construction prerequisites--Requirements generally.
Prior to any construction of improvements and/or land development
required, the subdivider shall have complied with and performed the following
requirements, set forth in Sections 18.16.200 through 18.16.280. (Ord. 1369
(part), 1971: prior code S 28.312 (part).)
18.16.200 Construction prerequisites--Plans, specifications, estimates and
soil report.
Subdivider shall file with the director of public works detailed plans and
specifications for all public improvements or land development together with a
detailed cost estimate approved by the director of publlc 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.
(Oral. 1369 (part), 1971: prior code S 28.312(A).)
18.16.210 Construction prerequtsttes--Zmprovement agreement.
Subdivider shall enter into a contract with the city to make, install and
complete within the time fixed but in no case more than two years from the
date of execution of said contract, all improvements and/or land development
in accordance with approved plans. Tn the. coastal zone, all required public
facility improvements, resource restoration, or resource enhancement shall be
implemented to the maximum extent feasible either prtor to or concurrently
with the approved subdivision development. (Ord. 1369 (part), 1971: prior
code ~j 28.312(B).)
18.16.220 Construction prerequisites--Security arrangements--Generally.
The subdivider shall file surety to guarantee completion of improvements
with the improvement agreement as follows: (Ord. 1369 (part), 1971: prior
code § 28.312(C) (pa~c).)
18.16.230 Construction prerequi st tes--Securt ty arrangements--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 of the total cost of all
required on-site and adjacent off-site improvements including twenty-five
percent of grading and slope planting expenses as applicable;
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B. A labor and material bond in a like amount;
C. A monumentation bond in an amount stipulated 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 llBg2 of
the Business and Professions Code of the state of California.
(Ord. 136g (part), lgTl: prior code § 28.312(C)(1).)
18.16.240 Constructi on prerequl si tes--Securi ty arrangements--Cash
depostts,
In lieu of the faithful performance and labor and material bonds, the
subdivider may submit cash deposits under the conditions hereinafter
described. Total cash deposit surety shall contain:
A. A faithful perfonnance cash deposit in an emount deemed sufficient by the
director of public works to cover fifty percent of the total cost of all
required on-site and adjacent off-site improvements including twenty-five
percent of grading and slope planting expenses as applicable.
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 pl aci ng 1 ot corners and other related
monuments. The agreement relative to a cash deposit for monumentation
purposes shall be drawn and utilized in conformity with Section llSg2 of
the Business and Professions Code.
Disbursements from cash deposits shall be made in accordance with separate
agreement between the subdivider and the city. A bookkeeping fee of one
percent of the total amount deposited with the city for each cash deposit bond
shall be submitted with each such bond. Disbursements from a cash deposit
filed with an approved escrow agency shall be made in accordance with separate
agreement between the subdivider and the city. Disbursements 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. (Ord. 1369
(part), 1971: prior code § 28.312(C)(2).)
18.16,250 Construction prerequl sttes--Securt ty arrangements--Instruments
of credit
In lieu of the faithful performance and labor and material bonds or cash
deposits, the subdivider may submit instruments of credit under the conditions
hereinafter described. Such instruments of credit shall be issued by a
financial institution subject to regulation 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 instrument 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 instr~nent of credit shall be
accompanied by a statement setting forth the date upon which the responsible
organization was established. Instruments of credit shall provide surety as
fol 1 ows:
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T I
A. A faithful performance surety in an amount deemed sufficient by the
director of public works to.cover fifty percent of the total cost of all
on-site and adjacent off-site improvements, including twenty-five percent
of grading and slope planting expenses as applicable;
B.A labor and material surety in a like amount;
C. A monumentation surety in an amount stipulated by the engineer of work to
cover the cost of placing lot corners and other related monuments. Such
surety shall be drawn and utilized in conformity with Section 11592 of the
Business and Professions Code.
(0rd. 1369 (part), 1971: prior code ~ 28,312(C)(3).)
18.16.260 Constructt on prerequi st tes--Securt tY arrangements--Postt ng
required prtor to 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 hereinabove specified has been posted. (Ord. 1369
2 3
(part), 1971: prior code ~ 8. 12(C)(4).)
18.16.270 Construction prerequisites--Security arrangements--Applicability
to parcel maps.
The bond requirements stipulated above are applicable to any parcel map
for which the installation of any public improvements or grading is a
condition of approval. (0rd. 136g (part), 1971: prior code ~ 2B.312(C)(5).)
18.16.280 Construction prerequt sttes--Compl etton and payment requt red
before presentation.
No final map shall be presented to the council for acceptance until the
requirements of Sections 18,16.190 through 18.16.270 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. (Ord. 1369
(part), lgTl: prior code § 28.312(D).)
18,16,290 Work prior to i~rovemnt agreement--Special permit required.
A. Should the subdivider desire to do certain work prior to entering into an
agreement with the city 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 may issue 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 i n this code.
B. 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 Sections 18.16.190 through 18.16.280 will not be required.
C. This section shall not apply in the coastal zone.
S (0rd. 136g (part), lg71: prior code ~ 28.313.)
18.16.300 Security arrangements--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 providing a
surety bond; provided however, that no such progress payment shall be made for
more than ninety percent of the value of any installment of work, and provided
that the aggregate amount thus paid is not in excess of fifty percent of the
total amount posted as improvement security. No progress payments from cash
deposits shall be made except upon joint certification by the director of
public works and the subdivider that work covered thereby has been completed.
(Ord. 1369 (part), 1971: prior code § 28.314(1 ).).
18.16.310 Security arrangements--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 progresses under separate
written agreement. The fifty percent 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 days
after completion and acceptance of the work. Following such thirty-five day
period, this labor and material security may be reduced 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. (0rd. 136g (part), lg71: ]ropr cpde ~
28.31 4(2). )
18.16.3ZO Securtty arrangements--Forfet ture of surety--Lt abt I tty of
subdivider when.
In the event the subdivider fails to complete all improvement work in
accordance with the provisions of this chapter and the improvement agreement
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 instrument
of credit exceeds all costs and expenses incurred by the city, it shall
release the remainder of such bond, cash deposit or instrument of 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. (0rd. 136g (part), lg71: prior
code i 28,314(31.)
18.16.330 Security arrangements--Maintenance bond required.
The subdivider shall guarantee all public improvements for a period of one
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
omi ssi ons of the subdi vi der, hi s agents or employee s. The subdi vi si on
guarantee shall be backed by a bond or cash deposit in the amount of fifteen
percent 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 immediate 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 acceptance by city. In the
coastal zone, the maintenance bond shall guarantee all public improvements,
including such habitat restoration or enhancement work as is required by the
certified Local Coastal Program, for a period of one year from the date of
final acceptance or unti 1 the habitat restoration or enhancement has
permanently established itself, whichever is greater. (Ord. 1369 (part),
lgTl: prior code ~ 28. 314( 4) . )
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Chapter 18.20
PARCEL RAPS
Sections:
18.10.010 Preliminary and final parcel maps generally.
18.20.0~0 Use of procedure for division or consolidation--Conditions.
18.20.030 Preliminary parcel map--Application--Fee.
18o~).040 Preliminary parcel map--Oocuments required.
18.20.050 Preliminary parcel map--Certification.
18.20.060 Compliance with certain specifications required.
18.20.070 Preliminary parcel map--Grounds for disapproval.
18.20.080 Appeals from determinations--Procedure.
18.20.090 Oetermtnation modification authority.
18.20.100 Preliminary parcel map--Extension of appreval.
18.20.110 Final parcel map--Filing time--Number of copies--Preparation--
Certification required.
18.20.120 Final parcel map--Form required.
18.20.130 Final parcel map--Review--Certification of approval.
18.20.140 Final parcel map--Recordatton.
18.20.150 Required easements for subsequent purchasers to be shown when.
18.20.010 Preliminary and final parcel maps genaral ly.
The provisions contained herein shall require the subdivider 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 planning
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. (0rd. 1369 (part), lg71: prior code i 28.401 (part).)
18.20.0213 Use of procedure for division or consolidation--Conditions.
The parcel map procedure may be used to create a division or consolidation
of 1 and as defined herein, if the director of planning finds that one or more
of the following circumstances of division or consolidation exist:
A. A division of a lot or parcel into not more than four 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 will be, needed
at the time the map is to be filed;
B. A division of a lot into two parts, the parts thus obtained to be used to
increase the size of the adjoining lots;
C. Adjustment of the boundaries between two lots;
D. Consolidation of lots or portions of lots into not more than four parcels;
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E. A consolidation of remnants of lots remaining after property is taken for
public use, provided that the resulting parcel has a tonimum lot area as
established in the adopted zoning ordinance for the city relating to the
zone in which the lot is located;
F. A parcel of land divided into two or more parcels, each having a gross
area not less than twenty nominal acres and each abutting upon an improved
public street or highway;
G. A parcel of land divided into two or more parcels each having a gross area
of not less than forty nominal acres;
H. 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
development, and which has the approval of the city council as to street
alignments and widths.
Lots referred to in paragraphs A through E of this section shall be lots
as defined in Title 19 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. (Ord. 136g
(part), lg71: prior code ~ 2B. 4Ol(A).)
18.20.030 Preliminary parcel map--Application--Fee.
The applicant for a parcel map shall file an application with the director
of planning on a form prescribed by the city. The application shall be
accompanied by a fee as set forth in Sections 18.28.020 through 18.28.0g0,
which will not be refundable, together with sufficient copies of a preliminary
parcel map prepared in accordance with the requirements set forth in the
subdivision manual. (Ord. 1369 (part), 1971: prior code ) 28.402(A).)
1B.20.040 Preliminary parcel map--Documents required.
The following documents shall accompany the preliminary parcel map at time
of submission:
A. A legal description of the original parcel or parcels of record upon which
the division or consolidation is proposed;
B. A statement setting forth the complete name and address of each of the
owners of each original parcel of record involved;
C. 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.
(Ord. 136g (part), lg71: prior code ! 28.402(B).)
18.20.050 Preliminary parcel map--Certification.
If the director of planning and the director of 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
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twenty-one days after receipt of the map, and failure to do so shall be deemed
certification and the city clerk shall so certify. In the coastal zone, the
preliminary parcel map shall also meet the requirements of the certified Local
Coastal Program. (Ord. 1369 (part), lg71: prior code ~ 28.403. )
18.20.060 C~ltance ~th certain specifications required.
Parcel maps approved under circumstances set forth in paragraphs A or H of
Section 18. Z0.020 shall comply with the requirements specified in Section
18.36.010 of this title. All parcel maps shall conform to the subdivision
design requirements of the subdivision manual and, in addition, requirements
may be imposed as a condition 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.
A. Proof may be required 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.
B. All lots created shall be staked at all corners and points of curvature by
a licensed surveyor or registered civil engineer. Performance guarantees
relative to delayed staking shall be posted in accordance with Section
11592 of the state Subdi vision t4ap Act and al 1 staking shal 1 be
accomplished within thirty days following recordation of the parcel map or
acceptance of the improvements, whichever is applicable.
C. 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 may be required.
O. The applicant shall execute an agreement with the city to insure that all
necessary improvements are i nstal 1 ed and al 1 drainage and grading
requirements are met. In those cases where it is either infeasible or
impractical, as determi ned by the planning commission, to presently
install improvements, such installation may be deferred in accordance with
the provisions of Section 12.24.070 of this ~pde.
(Ord. 1661 ! 1, 1974; Ord. 1369 (part, lgTl: prior code ~ 28.404. )
18.20.070 Preliminary parcel map--Grounds for disapproval.
The director of planning or the planning commission may disapprove any
preliminary parcel map which is sought to be submitted as a parcel map for any
Of the following reasons:
A. When the land involved is subject to flooding, sliding, slipping or other
similar hazards as determined by the director of public works.
B. 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
commission and council. The director of planning or planning commission
may also disapprove any parcel map when it is found that the public
health, safety or welfare justifies such action.
C. In the coastal zone, when said map does not conform in its purpose and
design to the certified Local Coastal Program.
(Ord. 1369 (part), 1971: prior code ~ 28.405.)
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18.20.080 Appeals from determlnattons--precedure.
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 division 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 days following
the determination. The matter shall be placed on the next agenda of the
regular planning commission meeting. In the coastal zone, the applicant may
appeal to the redevelopment agency, which, after providing public notice as
provided in Section 18.52, shall hear the matter on the next agenda of the
regular redevelopment agency meeting. (Ord. 136g (part), lg71: prior code ~
28.406. )
18.20,090 Determination modification authority.
Subject to the requirements of this chapter, the commission 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. In the
coastal zone, subject to the requirements of the certified Local Coastal
Program and this chapter, the planning commission may affirm, revise, or
modify any determination of the director of planning and the director of
public works with respect to the proposed parcel map. Notice of a final
decision by the planning commission shall be provided to the applicant,
Coastal Commission, and any known interested person as provided i n
Section (Ord. 1369 (part), 1971: prior code ~ 28.407.)
18.20.100 Preliminary parcel map--Extension of approval.
Upon application, an extension of the approval of the preliminary parcel
map, not to exceed one year, may be granted by the commission. In the coastal
zone, an extension of the approval of the preliminary parcel map, not to
exceed one year, may be granted by the city council. Notice of the decision
shall be provided to the applicant, Coastal Commission, and any known
interested person as provided in Section (Ord. 136g (part),
1971: prior code ~ 28.408.)
18.20.110 Final parcel map--Filing time--Number of copies--Preparation--
Certification requi red.
Within one 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 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 Sections 66445, 66448, and 66450 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 , lg I hereby certify
that it conforms to the approved preliminar~y 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
(IS. or R.C.E. No.) .,.
(Ord. 1369 (part), 1971: prior code ! 28.40g(A).)
18.20.120 Final parcel map--Form required.
The parcel map shall conform in size, material and content with the
requirements set forth in the subdivision manual. (Ord. 136g (part), 1971:
prior code S 28.409(B).)
18.20.130 Final parcel map--Review--Certification of approval.
Within twenty 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 conformity to the preliminary parcel map, and
if he is satisfied that the submission is technically correct and complete, he
shall place the following certification on the map:
"This map has been examined this dqy of , 19 ,
for conformance with the requirements of Sections 66444 and 66463 of"EITe
State Subdivision Map Act and the applicable requirements of the
Subdivision Ordinance of the City of Chula Vista.
( Signed ) "
Director of Public Works
(Ord. 1369 (part), 1971: prior code ~ 28.40g(C).)
18.20.140 Final parcel map--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 cloth-backed copy of the recorded map to the
director of public works. (Ord. 136g (part), 1971: prior code ! 28.409(D).)
18.20.150 Required easements for subsequent purchasers to be shown when.
In the event a private access road or drainage or utility easement for the
use of subsequent purchasers is required within the boundaries of the land to
be divided, pursuant to the provisions of this chapter, said easements shall
be delineated on the parcel map, and said easements as delineated shall be
conveyed to subsequent purchasers of the parcels created.
Said easements shall be shown on the parcel map by a dashed line and a
notation that the area so delineated represents a future easement to be
;onveyed to subsequent purchasers pursuant to the requirements of Section
18.20.150 of the code of the city of Chula Vista. (Ord. 1511 ! l, 1973: Ord.
1369 (part), 1971: prior code ~ 28.410.)
Chapter 18.24
AEk)USllIENT PLATS
Sections:
18.24,010 Purpose and intent of provisions.
18.24.020 Applicable when--Seope--Boendany adjustments--Consolidations.
18.24,030 Application--Form and specifications.
18.24.040 Application--Contents required.
18.24.050 Fee for examination.
18.24.060 Approval authority--Notice of determination.
18.24.070 Certtficattoe--Procedure for revised adjustment plats.
18.24.080 Conditions for approval.
18.24,090 Revtsed adjustment plats--Tie limit for ftling.
18.24,100 Recordatton of deeds required.
18.24.010 Purpose and intent of provisions.
It is the purpose of the city council to establish an adjustment plat
procedure to facilitate the consolidation of lots and adjustment of boundary
lines when it is determined that conditions exist as delineated herein which
would eliminate the need for the preparation and filing of either a
subdivision map or a parcel map as required by the Subdivision Map Act and the
subdivision title of the city.
It is the intent of this chapter to simplify, insofar as possible, the
creation of legal parcels or lots in theurban community and allow for the
development of lots in accordance with applicable zoning and subdivision
regulations without the necessity of filing subdivision or parcel maps.
This chapter does not apply in the coastal zone.
(Ord. 1540 i 2 (part), 1974: Ord. 136g (part), lg71: prior code i 28.501.)
18.24, 020 Appl icabl e when--Scope--Boundary adjustments--Consol t dati ons.
A, Notwithstanding any other provisions of this title or provisions of the
Subdivision Map Act, the procedures set forth in this chapter for the use
of adjustment plats or adjustment of boundary lines and consolidation of
parcels shall be applicable,
B, An adjustment plat may be filed pursuant to the provisions of this section
under the following situations:
l, To adjust the boundaries between two or more lots provided the
director of planning and the city engineer determine that the
exchange of property does not:
a, Create any new lots,
b, Include any lots or parcels created illegally,
c, R~sult in any lots which do not meet applicable zoning
regul ati ons,
d, Impair any existing access or create a need for access to any
adjacent lots or parcels,
-33-
e. Impair any existing easements or create a need for any new
easements serving any adjacent lot or parcels,
f. Require substantial alteration of any existing improvements or
create a need for any new improvements;
2. To consolidate two or more lots provided the director of planning and
the city engineer determine that the consolidation does not:
a. Include any lots or parcels created illegally,
b. Re sul t i n any 1 ots which do not meet appl i cable zo ni ng
regulations,
c. Impair any existing access or create a need for access to any
adjacent lots or parcels,
d. Impair any existing easements or create a need for any new
easements serving any adjacent lots or parcels,
e. Require substantial alteration of any existing improvements or
create a need for any new improvements;
3. To create not more than two lots for financing purposes, provided
that said lots shall not be sold, leased or otherwise transferred or
conveyed unless and until a parcel map is approved pursuant to this
title and filed in the office of the county recorder.
(Ord. 1540 ~ 2 (part), 1974: Ord. 1369 (part) 1971: prior code ~ 28.502.)
18.24.030 Application--Form and specifications.
Application for an adjustment plat shall be made with the planning
department in accordance with the following specifications:
A. The plat shall be drawn on a form prescribed by the director of planning.
Such forms are available in the planning department upon request.
B. The plat shall be drawn to a minimum scale of one inch equals one hundred
feet.
C. A11 parcel s proposed for adjustment shal 1 be shown, i ncl udi ng al 1
contiguous property to be retained by the owner. Property to be retained
shall be designated on the plat as a separate parcel.
D. All existing lots or parcels shown on final maps, parcel maps or final
division plats shall be designated by dotted lines, and said maps shall be
identified by map type and number.
(Ord. 1540 ~ 2 (part), 1974: Ord. 1369 (part), lg71: prior code ~ 28.503(A)
(1).)
18.24.040 Application--Contents required.
Each adjustment plat shall contain the following information:
A, A plat number as issued by Planning Department;
B, North arrow and scale;
C. Name, address, telephone number and signature of owner(s);
D, If prepared by an engineer or surveyor, his name, address, telephone
number and registration or license number;
E, The location, width and names, if any, of all existing streets; and the
location, width and purpose of all easements which lie within the
boundaries of the land proposed for division.
F. The names of the owners and the assessor's numbers, to be labeled within
or adjacent to the parcels involved;
G. The existing boundary, to be shown as a dashed line:
H. The proposed boundat.~.', to be shown as a solid
I. Sufficient legal description of the land to d¢'f'trl~'
ownerships i nvol red;
J. A vicinity map with north arrow and scale indicated;
K. The net area of each proposed lot;
L. The dimensions of each boundary of each proposed lot;
M. The location of all existing buildings and structures and their uses, the
distance between said buildings and structures, and the minimum distance
between each building or structure, and the boundary of the proposed lot
on which it is located;
N. A statement of the existing zoning and the proposed use of each lot.
(Ord, 1540 ~ 2 (part), 1974: Ord, 1369 (part), 1971: prior code § 28,503(A)
(2) .)
18.24.050 Fee for examination.
At the time of filing an adjustment plat, there shall be paid to the city
an examination fee as presently designated, or as may be in the future
amended, in the master fee schedule for each such plat~ (Oral. 1812 $ 1
(part), 1978: Ord. 1540 $ 2 (part), 1974: Ord. 1369 (part), 197l: prior code
28.503(A) (3).)
18.24.060 Approval authority--Notice of determination.
Within fifteen calendar days after an adjustment plat has been filed, the
director of planning and the city engineer shall approve, conditionally
approve, or disapprove such plat. The applicant shall be notified of the
director of planning's action by written notice. Notice shall be deemed to
have been given upon deposit of the notice in the United States mail. (Ord.
1540 § 2 (part), 1974: Ord. 1369 (part), 1971: prior code i 28,503{A){4).)
18.24.070 Certification--Procedure for revised adjustment plats.
If the director of planning and the city engineer determine that the
adjustment plat meets the requirements of this title, they shall certify on
the adjustment plat that it has been approved and have it recorded in the
office of the country recorder. A revised adjustment plat shall be submitted
for certification when the director of planning and/or the city engineer finds
that the number or nature of the changes required for approval are such that
they cannot be shown clearly or simply on the original adjustment plat. (Ord.
1540 ~ 2 (part), 1974: Ord. 1369 (part), 1971: prior code ~ 28.503(A)(5).)
18.24,080 Conditions for approval.
Whenever applicable, the director of planning may prescribe the following
requirements as conditions of approval of an adjustment plat:
A. Parcel boundaries: Relocation of lot lines to provide lots that comply
with any applicable zoning regulations, and conform to standards of lot
design specified in this title;
-35-
B. Access: The provision of safe and adequate access to each lot or parcel
within the adjustment;
C. Inundation line: The addition of a distinctive bounda~ line, clearly
labeled, which delineates the limits of any area determined by the city
engineer to be subject to flooding orinundation. The plat shall contain
an appropriate note stating said area is subject to flooding or inundation.
(Ord. 1540 ~ 2 (part), 1974: Ord. 1369 (part), lg71: prior code ~ 28.503(A)
(6).)
18.24.0g0 Revised ad3ustment plats--Time limit for filing.
When required to prepare a revised adjustment plat, the failure to file
said plat within six months from the date of approval or conditional approval
1974: Ord. 1369 71 i 5 28.503(B~.)
18.24.100 Recor~lation of ~eeds required.
Following approval of the adjustment plat, the applicant must have the
necessary deeds prepared and recorded in the office of the county recorder.
(Ord. 1540 i 2 (part), 1974: Ord. 1369 (part), 1971: prior code S 28.503(C).)
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Chapter 18.28
DEPOSITS AND FEES4
Sections:
18.28.010 Deposits for street trees--Required--bounts--Oisposition--
Labor costs.
18.28.0Z0 Preliminary parcel map fee.
18.28.030 Tentative map fee.
18.28.040 Final map and improvement plan fee.
18.28.050 Public works inspection--Computation of fee.
18.28.060 Schedule of fees--Exemptions and additions.
18.28.080 Recordatton fee.
18.28.090 Public works inspection--Mditional payments required when.
18.28.010 Deposits for street trees--Required--l~mounts--Oisposition--Labor
costs.
A. The subdivider is required to install approved street trees in accord with
Section 18.32.110 as lots within the development are occupied. For those
street trees which have not been installed at the time of acceptance of
public improvements, the subdivider shall deposit with the director of
finance the following amounts:
1. For all interior lots having less than seventy-five feet of street
frontage, seventy-five dollars per lot;
2.For all other interior lots, one hundred fifty dollars per lot;
3. For all corner lots whose street frontage is less than one hundred
seventy-five feet, one hundred fifty dollars per lot;
4.For all corner lots whose street frontage is one hundred seventy-five
feet or more, three hundred dollars 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
the purchase and planting of trees at such time as the lots become
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
operating 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.
(Ord. 1687 § 1, 1976; Ord. 1369 {part), 1971: prior code § 28.801.)
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18.28.020 Preliminary parcel map fee.
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
as presently designated, or as may be in the future amended, in the master fee
schedule. 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 as presently designated, or as may be in
the future amended, in the master fee schedule. (Ord. 1812 § 1 (part), 1978:
Ord. 1369 (part), 1971: prior code § 28.802(1 ).)
18.28.030 Tentative map fee.
Prior to the submission of a tentative map to the planning department for
processing, the property owner or subdivider shall pay to the city a filing
fee as presently designated, or as may be in the future amended, in the master
fee schedule. (Ord. 1812 i 1 (part), 1978: Ord. 136g (part), lgT1.' prior code
~ 28.802(2).)
18.28.0q0 Final map and improvement plan fee.
Prior to the submission of a final map and improvement plans or any
portion thereof to the planning department and/or the director of public works
for processing, the property owner or subdivider shall pa~ to the city a
filing fee as presently designated, or as may be in the future amended, in the
:master fee schedule. (Ord. 1812 § 1 (part), 1978: Ord. 1369 (part), 1971:
prior code § 28.802(3).)
18.28.050 Public works inspection--Computation of fee.
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 as
presently designated, or as may be in the future amended, in the master fee
schedule. (Ord. 1812 5 1 (part), 1978: Ord. 1369 (part), lg71: prior code §
28.802(4). )
18.28.060 Schedule of fees--Exemptions and additions.
A. The schedule of fees is as shown on the master fee schedule as presently
designated or as may be in the future amended.
B. The fee schedule is intended to cover expense to the city involved in
processing a subdi vi si on, from checking the tentative map through
acceptance of the public improvements, including inspection services.
Soils and materials testing are specifically excluded from services
encompassed within the subdivision fee schedule as shown on the master fee
schedule.
C. 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
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schedule. However, review of plans and inspections required of extensive
off-site improvements shall be paid as a separate and additional fee.
Such fee shall be as presently designated, or as may be in the future
amended, in the master fee schedule.
D. Where grading and/or slope planting is tol be accomplished under the
subdivision agreement, a separate and additional fee for such items only
shall be collected in accordance with the master fee schedule as presently
designated, or as may be in the future amended.
d 8 ,
(Or. 1 12 I 1 (part), 1978: Ord. 1534 ~ 1, 1974: Ord. 1369 {part) 1971:
prior code § 28.802(5).)
18.28.080 Recordatton fee.
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, as presently designated, or as may in the future be
amended, in the master fee schedule. Upon recordation of the final map, the
property owner or subdivider shall submit to the city engineer one duplicate
mylar print of the recorded final map together with eight blue-line prints of
the recorded final map. (Ord. 2011 5 1 (part), 1982: Ord. 1812 I 1 (part),
1978: Ord. 1369 (part), 1971: prior code 5 28.802(7).)
18.28.090 Public works inspection--Additional payments required when.
In addition to the master fee schedule rel ati ve to public works
inspections, subdivider or contractor shall pay to the city, prior to the
acceptance of public improvements in any subdivision or street right-of-way or
easement for public purposes, the amount as presently designated, or as may in
the future be amended, in the master fee schedule 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. (Ord. 2011 i 1 (part), 1982: Ord. 1812 i 1 (part), 1978: Ord.
1601 § l, 1975: Ord. 1369 (part), 1971: prior code ~ 28.802{8).)
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Chapter 18.32
DESIGN REQUIREINTS5
Sections:
18.3:~. O10 Conformance to standards requi red--Modi ficati ons permitted
when.
]8.32.030 Lots--To constitute practical building site.
]8.32.030 Access to public streets--Development plan required.
]8.33.040 Streets--Conformance to genera] plan required.
]8.32.050 Streets--Minimum standards and specifications.
] 8.32.060 Streets--Pattern of deve] opment--Extenst ons--Stub-end
streets-- I nte rsecti ons.
]8.33.0Y0 Requirements for developments adjacent to major reads.
]8.32.080 Streets--Grades, curves and sight distances required.
]8.32,0g0 Curbs, sidewalks and pedestrian ways--Principles and standards.
]8.32.]00 Hi]]side subdivisions and planned unit developments.
]8.33,]]0 Street trees to be provided by subdivider.
]8.32.]20 Public utility faci]ities--Undergreund installation
requ t rements.
18.32.130 Easements--Wi dth.
18.32.140 Lots--Standards and specifications.
1B.32.150 Nonresidential subdivistons--Conformance to general plan
requi red.
1B. 32.160 Nonresi denti al subdi vi st ons--Pri nci pl es and standards for
development.
18.33.010 Conformance to standards required--Modifications permitted when.
Except where modified by the council upon recommendation of the planning
commission, as provided by this title, each subdivision and map thereof shall
be in conformity with the standards set forth or referred to herein. In the
coastal zone, any modification of any requirements of this chapter or the
certified Local Coastal Program will require filing by the city of a Local
Coastal Program amendment and approval thereof by the Coastal Commission
before such modification becomes effective. (Ord. 136g (part), lg71: prior
code 9 28.901(1).)
18.32,020 Lots--To constitute practical building site.
All subdivisions should result in the creation of lots which are
developable and capable of being built upon. No subdivision should create
1 ots which are impractical of improvement due to steepness of terrai n,
location of watercourses, problems of sewerage or driveway grades, or natural
physical conditions.
In the coastal zone, no lots intended for urban development shall be
created so as to consi st total ly of land or water designated as
environmentally sensitive habitat areas in the certified Local Coastal
Program. (Ord. 1369 (part), 1971: prior code ~ 28.901(2).)
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18.32.030 Access to public streets--Devel opmentpl an required.
All lots or parcels created by the subdivision of land shall have access
to a public street improved to standards herei nafter requi red. Private
streets, comon driveways, or access easements shall not normally be
permitted. However, if the commission determines 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, ~dth, 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. Construction 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.
In the coastal zone, al 1 improvements shal 1 be consistent with the
provisions of the certified Local Coastal Program. (Ord. 1369 (part), lgTl:
prior code 5 28.901(3).)
18. 32.0~0 Streets--Conformance to general plan required.
The subdivision design shall conform to the concept of major street
designated i n the general pl an, and to any future street ri ghts-of-way
designated by the commission and approved by the council. Whenever a
subdivision embraces 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 specifically designated. by the commission and approved by the city
counci 1.
In the coastal zone, the subdivision design shall conform to the concept of
major streets designated in the certified Local Coastal Program. (Ord. 1369
(part), lgTl: prior code ~ 28.902(A).)
18.32.050 Streets--t4i nimum standards and specifications.
A. Typical sections of various classes of streets shall be in accord with
Standard Drawings lO1 A, 8, C, and D, entitled "Typical Street Sections."
B. 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
sufficient to accommodate utility facilities within the right-of-way.
C. Improvements as set forth in Section 18.36.010 shall be installed within
the half of an existing street adjacent to the subdivision boundary.
Substandard exi sting improvements shal 1 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 shall be installed.
D. Half streets, when approved, shall be constructed with a minimum paved
width from face of curb to edge of pavement of twenty-eight feet.
E. The subdivider shall dedicate all right-of-way for streets or portions of
streets as necessa~ within the subdivision boundary. Full width
dedications wi thin the subdi vision shal 1 have complete improvements
installed except that upon collector and major roads, paving upon each
half may be a minimum of twenty feet in width from the face of curb to
edge of pavement.
F. The standards set forth hereinabove are minimum, and additional on-site
and/or off-site public improvements and dedications may be required.
G. In the coastal zone, the standards and specifications established in the
certified Local Coastal Program shall govern in addition to those
standards and specifications provided in Subsections A-F. If a conflict
arises between the standards and specifications expressly established by
the certified Local Coastal Program and any standards in this chapter, the
former shall govern. (Ord. 1582 I 1 (part), 1974: Ord. 136g (part), 1971:
prior code ~ 28. gO2(B).)
18.32.060 Streets--Pattern of development--Extensions--Stub-end streets--
] ntersecti ons.
The street pattern i n the subdi vi si on shal 1 provide for the most
advantageous development of adjoining areas and the entire neighborhood or
district. The following principles shall be observed:
A. 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 centerlines of streets, if not in
alignment, shall be offset at least two hundred feet unless otherwise
approved by the director of public works for reasons of severe topography,
one-way streets, or other unusual circumstances.
B. 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
necessa~ for the coordination of the subdivision with the existing l~out
or the most advantageous future development of adjacent tracts. Where
reservation for future street is made, slope rights along the sides and
end of the reserved area shall be preserved in the name of the city.
C. In the case of stub-end streets extending to the boundary of the property,
a one-foot strip at the end of the stub-end street the width of the street
right-of-way shall be deeded to the city pending the extension of said
street into adjacent property. Where required, a temporary turn-around or
a temporaW connection to another street shall be provided by the
subdi vider.
D. Proposed streel~s shall intersect one another as nearly at right angles as
topograp~ and other limiting 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 intersections i nvol vi ng 1 ocal
streets shall be avoided whenever possible.
(0rd. 1369 (part), lg71: prior code i 28.g02(C).)
-42~
18.32.070 Requirements for developments adjacent to major roads.
Subdivision 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:
A. 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.
B. The number of intersecting streets along major streets and collector
streets should be held to a minimum. Wherever practicabl e, such
intersections should be spaced not less than one thousand feet on center.
C. Residential lots adjacent to a major or collector road normally will be
required to be served by a residential street paralleling said major or
collector 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, or a comparable material approved by
the planning commission, shall be required at the top of slope adjacent to
the major or collector road. Landscaping and permanent irrigation shall
be provided in accordance with the standards specified in the Chula Vista
landscape manual and the grading ordinance.
D. 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. In the coastal zone, subdivision design shall be in conformity with the
applicable provisions of the certified Local Coastal Program and shall
observe the principles and standards of Subsections A-D of this section to
the extent they do not conflict with the certified Local Coastal Program.
(Ord. 136g (part), 1971: prior code 5 28.902(D).)
18.32.080 Streets--Grades, curves and sight distances required.
The subdivision manual prescribes and sets forth the standards for grades,
curves and sight distances to insure proper drainage and/or for vehicle and
pedestrian safety. (Ord. 1582 i 1 (part), 1974: Ord. 1369 (part), lg71: prior
code 5 28.902(E).)
18.32.090 Curbs, sidewalks and pedestrian ways--Principles and standards.
The following principles and standards shall apply to the design and
installation of curbs, sidewalks and pedestrian ways:
A. Curbs, gutters and sidewalks shall be required in all subdivisions except
as noted in subsection B, below. In the coastal zone, gutter elevations
shall be established at sufficient height above mean sea level to allow
for anticipated head losses throughout the drainage system.
B. 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:
1. 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
2. The design or the topography of the subdivision and it~ relationship
to adjoining properties and uses does not warrant the standard
sidewalk requirements based upon the recommendation of the director
of public works.
Subsection B does not apply in the coastal zone.
C. When required for access to schools, playgrounds, shopping centers,
transportation facilities, other community facilities, or for unusually
long blocks, the planning commission may require pedestrian ways not less
than eight feet in right-of-way and paved with Portland cement concrete a
minimum of five feet in width. Such pedestrian ways shall be bordered on
each side with a six-foot high, minimum, chain link fence and a landscaped
screen in confonnance with the landscaping manual of the city. In lieu of
the chain link fence, the planning commission may require the subdivider
to use a masonry wall as specified in Section 18.32,070C minimum six feet
high, where they deem it necessary for any one of the following reasons:
1. Separation of land use;
2. Acoustical buffer;
3. Promotion of an architectural theme or compatibility of the area.
D. Where sidewalks are not required, Portland cement concrete driveway aprons
shall extend to the property line.
(Ord. 1369 (part), 1971: prior code ~ 28,902(F).)
E. Secti on 19.91.04 c of the Bayfront Specific P1 an 1985 i s hereby
incorporated as a part of this section.
18.32.100 Hillside subdivisions and planned unit developments. .
In either a planned unit development or a hillside subdivision or portions
thereof which have an average lot size of twenty thousand square feet or
larger and having an average slope in excess of ten percent 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. (Ord. 1369 (part), 1971: prior code I 28.903.)
18.32,110 Street trees to be provided by subdivider.
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. Street trees shall be selected, installed and maintained in
accordance with Sections 12.28,010 and 12.28,020 et seq. of this code. (Ord.
1369 (part), 1971: prior code 5 28,904.)
- 44 -
18,32.120 Public utility fadlities--Underground installation
requ i rements.
Public utility facilities within or imediately adjacent to subdivisions
or parcel splits shall be undergrounded in conformity with the provisions of
Chapter 15.32 of this code. (Oral, 1369 (part), 1971: prior code S 28.905.)
18.32.130 Easements--Width.
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.
Easements for large structures or unusually deep structures shall be of such
greater width as may be specified by the director of public works. (Ord. 1369
(part), 1971: prior code ~j 28,906.)
18.32.140 Lots--Standards and specifications.
The size, shape and orientation of lots, each of which shall constitute a
practical building site, Shall be appropriate to the location of the proposed
subdivision and to the type of. development contemplated. The following
principles and standards shall be observed:
A. 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.
B. No lot shall be divided by a city boundary line. ·:
C. No remnants of property, with the exception of one-foot control .i'Ots,
shall be created which do not conform to lot requirements, or are not
required for a private or public utility purpose.
D. The division of a lot or parcel by a tax code boundary shall be avoided.
E. Side lot lines between adjacent lots within a subdivision should be
located at the top of any grading slope which may be proposed at such
1 ocation.
F. Unless otherwise altered by the provisions of a planned unit development,
the minimum lot depth for residential development shall be not less than
inety feet, with the following exception: Lots adjacent to freeways,
major streets or collector roads shall utilize a minimum lot depth of one
hundred ten feet: to provide sufficient separation from the road noise and
to facilitate the usable lot area.
(Ord. 1369 (part), 1971: prior code 5 28.908.)
18.32.150 Nonresi denti al subdi vi sions--Conformance to general pl an
requ i re d.
The street and lot layout of a nonresidential subdivision shall be
appropriate to the land use for which the subdivision is proposed, and shall
conform to the proposed land use and standards established in the general plan
and zoning ordinance.
In the coastal zone, the street and 1 ot 1 ayout of non-resi dential
subdivisions shall, in addition, be consistent with the applicable provisions
of the certified Local Coastal Program. (Ord. 136g (part), lg71: prior code i
28.909( A) . )
-45-
18.32.160 Nonresidential subdivisions--Principles and standards for
development.
In addition to the principles and standards in this title which are
appropriate to the planning of all subdivisions, the subdivider shall
demonstrate to the satisfaction of the commission 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 shal 1 be observed:
A. Proposed industrial parcels shall be suitable in area and dimensions to
the types of industrial development anticipated.
B. Street rights-of-way and pavement shall be adequate to accommodate the
type and volume of traffic anticipated to be generated thereon.
C. Special requirements may be imposed by the city with respect to street,
curb, gutter and sidewalk design and construction.
D. Special requirements may be imposed by the city with respect to the
i nstal 1 ation of public uti 1 ities, i ncl udi ng water, sewer and storm
drainage.
E. Nonresidential subdivisions shall be designed to protect adjacent areas
from potential nuisance from the proposed nonresidential subdivisions,
including the provisions of extra depth and setback in parcels backing up
on existing or potential residential development and provisions for a
permanently landscaped buffer strip when determined necessary by the
planning commission.
F. Streets carrying nonresidential 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 resi denti al traffic.
G. Nonresidential 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
1 andscapi ng.
H. Buffer strips shall consist of landscaped areas which are designed to
shield and otherwise soften the effect of the nonresidential subdivision
on nearby residential areas. Said buffer strips shall be improved to
standards as specified in the Chula Vista zoning ordinance.
I. In the coastal zone, the provisions of the certified Local Coastal Program
shall apply to non-residential subdivisions in addition to the principles
contained in Subsections A-H, above.
(Ord. 1369 (part), 1971: prior code i 28.909(B).)
Chapter 18.36
·
iiqpROVEi~E NTS6
/
Sections:
18.36.010 Minimum requirements for parcel map divisions.
18.36.020 Acceptance and approval authority.
18.36,030 Public utiltty facilities--Installation time.
18.36.010 Minimum requirements for parcel map divisions.
The subdivider shall improve or agree to improve all streets,
thoroughfares, pub1 ic ways or pub1 ic or private easements wi thin the
development and adjacent thereto, as required to serve the development. No
grading or improvement work shall be commenced until either an appropriate
subdi vi si on improvement agreement, 1 and development permit, or street
encroachment permit has been approved and any necessary bonds posted.
Improvements shall be installed to line and grade and in accordance with the
standard drawings and specifications of the city 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 required to agree to install, at his own cost, in
the creation of a parcel or parcels shall include the following:
A. Grading, curbs and gutter, paving and drainage structures necessary for
the proper use and drainage of the development, streets, highways and/or
public safety;
B. Site grading and drainage, taking into consideration the drainage pattern
of adjacent improved or unimproved property and making drainage provisions
adequate for total ultimate development of the natural tributary area.
Runoff quantities to be anticipated shall be derived from the drainage
study as herein defined, or by such other method as may be approved by the
director of public works. Alternate methods shall be fully substantiated
by the engineer of work. Grading shall be in full conformity with the
provisions of the appropriate ordinances of the city, with the exception
that the work may be performed under the terms of the subdi vi si on
agreement and no land development permit shall be required in such cases.
Drainage facilities and concepts shall conform to the provisions of
Chapters 13.48 through 13.64 of this code, relating to the control of
drainage areas and watercourses;
C. Street name and traffic control signs;
D. Sidewalks, except as provided in Section 18.32.090B;
E. Fire hydrants and a water system with mains of sufficient 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;
-47-
F. 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
subdivi si on;
G. Street lighting facilities shall be installed per city standards;
H. Street trees;
I. Underground utilities as required by this code;
j. Provision shall be made for any and all railroad crossings necessary to
provide access to or circulation within the proposed subdivision,
including the preparation of all documents necessary for application to
the California State Public Utilities Commission for the establishment and
improvement of such crossings;
K. Mid-block pedestrian ways, where required, shall be in confonnance with
Section 18.32.090C;
L. Improvements on private access easements shall be required as determined
by the director of public works.
In the coastal zone, the minimum improvements which the subdivider shall be
required to install, at his or her own cost, in the creation of a parcel or
parcels shall be consistent with the applicable provisions of the certified
Local Coastal Program, in addition to Subsections A-L of this section.
(Ord. 1369 (part), 1971: prior code ~ 28.1001.)
18.36,020 Acceptance and approval authority.
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 al 1 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. (Ord. 1369
(part), lg71: prior code ~ 28.1002. )
18.36.030 Public utility facilities--Installation time.
All underground facilities including individual lot services to the
property 1 i ne shal 1 be completed pri or to i nstal 1 ation of si dewal k,
cross-gutter or street pavement. (Ord. 1369 (part), 1971: prior code ~
28.1003.)
-48-
Chapter 18.40
'DED'[CATZONS 7
Secti on s:
18.40.010 Purpose and intent of provisions.
18,40.020 Prerequisite to approval of final map or parcel map.
18.40.030 Title policy or certificate required.
18,40.040 Drainage facilities dedication required when.
18.40.050 Watercourses for storm drainage required when.
18.40.060 Future streets.
18.40.070 Rights-of-way in process of condemnation.
18.40.080 Access for fire protection required when,
18.40.090 Public utility easements.
18,40.100 Rejected dedication offers to remain open for later acceptance.
18,40.110 New subdivisions--Connections required.
18.40.120 Access right limitations required when,
18.40.130 Ne~ subdivisions--Public facility sites required.
18,40,140 New subdivisions--Street continuations,
18.40.150 Streets or alleys lying along boundaries--ParUal dedication
when.
18.40.160 Half streets or alleys--Dedication required when.
18.40.170 Access to major canyon areas.
18.40.180 Coastal zone--Public shoreline access dedication required when.
18.40.010 Purpose and intent of provisions.
It is the purpose and intent of the provisions of this chapter and, for
the coastal zone, of the certified Local Coastal Program to require the
reservation or dedication of land directly benefitinS the regulated
subdivision in order to provide for the necessary public facilities and
conservation of coastal resources including, but not limited to, sites for
parks, recreational areas, and shoreline public accessways; open space;
enviromentally sensitive habitat areas; schools, libraries, fire stations and
pol ice substations. In 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. (Ord. 1369 (part), 1971: prior code 9 28.1101.)
18.40.020 Prerequisite to approval of final map or parcel map.
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. (Ord. 1369 (part), 1971: prior code 5 28.1102(1).)
18.40.030 Title policy or certificate required.
A11 dedications and offers of dedication shall be accompanied 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 salne, 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. (0rd. 1369 (part), lg71: prior code ! 28.1102(2).)
18.40.040 Drainage facilities dedication required when.
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. (0rd. 136g (part), lg71: prior code ~ 28.1102(3).)
18.40.050 Watercourses for storm drainage required when.
If a subdivision is traversed by a watercourse, channel, stream, creek or
swale, the subdivider shall dedicate an adequate right-of-way for storm
drainage purposes. (0rd. 136g (part), lg71: prior code § 28.1102(4).)
18.40.060 Future streets.
Wherever it i s determined that a street is necessa~ 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. (0rd. 1369 (part), 1971: prior code 5
28.1102(5).)
18.40.070 Rights-of-way in process of condemnation.
If 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
fi 1 i ng of a final map or parcel map, the subdi vider shal 1 offer the
right-of-way for dedication. (0rd. 1369 (part), 1971: prior code 5
28.1102(6). )
-5O-
18.40.080 Access for fire protection required when.
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 wide to provide access for fire protection equipment
shall be dedicated from the public street to the subdivision boundary. (Ord~
1369 (part), 1971: prior code ~ 28.1102(71.)
18.40.090 Public utility easements.
Sanita~ sewer, storm drain, and other public utility easements required
by the city council within the subdivision shall be dedicated. (Ord. 1369
0
(part), lgTl: prior code I 28.11 2(8).)
18.40.100 Rejected dedication offers to remain open for later accept~nceo
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 easements for public use, which
acceptance shall be recorded in the office of the county recorder. (Ord. 1369
(part), 1971: prior code 5 28.1102(91.)
18.40.110 New subdivisions--Connections required.
New subdivisions shall connect to a dedicated and improved (or bonded for)
street and shall make provision for dedication of necessary public
rights-of-way, including streets, pedestrian ways and utility easements,
within or adjacent to the subdivision. (Ord. 1369 (part), 1971: prior code §
28.1103(1 ).) .'
18.40.120 Access right limitations required when.
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
an), property shown on the final map as abutting thereon. (Ord. 1369 (part),
1971: prior code 5 28.1103(2).)
18.40.130 New subdivisions--Public facility sites required.
Tentative maps for new subdivisions shall indicate sites for required
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 ianediate purchase or under exclusive option for a period of two
years from the date of execution, at current unsubdivided land fair market
values on said date of execution plus interest and any necessary costs
incurred 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. (Ord. 1369 (part), 1971: prior code S 28.1103(31.)
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18.40.140 New subdivisions--Street continuations.
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. (Ord.
1369 (part), 1971: prior code ~ 28.1103(4).)
18.40.150 Streets or alleys lying along boundaries--Partial dedication
when.
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
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 being a portion
only of a street, and not the street in full width. (Ord. 1369 (part), 1971:
prior code 5 28.1103(5).)
18.40.160 Half streets or alleys--Dedication required when.
Whenever there already exists a dedicated and recoraded 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. (Ord. 1369 (part), 1971:
prior code 5 28.1103(6).)
1B.40.170 ~cess to major canyon areas.
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. (Ord. 1369 '(part), 1971: prior code 5
28.1103(7). )
18.40.180 Coastal zone--Public shoreline access dedication required when.
As a condition of a final map or parcel map, the subdivider shall dedicate
or make an irrevocable offer of dedication of all parcels of land within the
subdivision that are needed for public shoreline access easements consistent
with the certified Bayfront Local Coastal Program land use plan.
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Chapter 18.44
COVENANTS, PLANNED UNIT I)EVELOI~ENTS
AI~) CONOOMINUI4 SUBDIVISIONS
Sections:
18.44.010 Declaration required--Contents--Scope of applicability.
18.44.010 Declaration required--Contents--Scope of applicability.
A. Purpose and Intent. It is the purpose of the city council in adopting the
requirements contained in this section to provide and insure an alternate
method of enforcement of certain maintenance requirements and other police
power regulations imposed upon planned unit developments, condominiums or
other subdivi si ons wherein a homeowners ' association has been
established. It is the intent of the council to limit their enforcement
role to such areas of public concern and to leave all issues of a private
nature to the enforcement procedures provided to the owners of units
within such subdivisions.
B. Requirement for City's Enforcement Rights. The subdivider of any planned
unit development or condominium subdivision shall be required to file with
the city a declaration of conditions, covenants and restrictions naming
the city as a party to such declaration and authorizing the city to
enforce the terms and conditions of said declaration insofar as said
enforcement applies to areas of public concern such as, but not limited
to, the maintenance of open spaces and common areas and the adherence to
other ordinance regulations of the city. The subdivider of any
subdivision may file a similar declaration. The declaration shall be
subject to the approval of the city council concurrent with the approval
of the final map of the subdivision. Said requirement shall also be
applicable to any multiple dwelling unit projects converted to such form
of ownership.
(Ord. 2029 ~ l, 1983: Ord. 1487 51, lg73: prior code I 28.1301.)
Chapter 18.48
VIOLATZONS AND REMEDIES
Sections:
18.48.010 Purpose and tntent of provi st ons.
18.48.020 Legally created parcel--Required for granttrig of certain
permi ts--Crt teri a for deterrot natt on.
18.48,030 Notice of violaUon--Requlred when--Contents--Effect.
18.48.040 Certi ft c ate of compl t ance--Reque st for determi naU on
8uthort zeal.
18.48.050 Certificate of compltaece--Applfcatton procedure--Documents to
be submitted--Fee.
18.48,060 Failure to comply and illegal division of land deemed
mi sdemeanor--Penal ty.
18.48,080 Noncomplying lots--Filing map subsequent to dtvtsion permitted
when.
1'8.48.090 Property outside corporate limits--Compliance requtred when.
18.48.100 Unlawful subdivisions-Statutory authority for restraint or
enjoinmeat.
18.48.010 Purpose and intent of previstons.
In accordance with the provisions of the Subdivision Map Act, it is the
purpose and intent of the city council to establish procedures for placing
ourchasers of illegally split lots on notice that such lot sp]it occurred in
~iolation of the Subdivision Map Act and the requirements of this title, and
to provide for a means of certifying that the real property does comply with
the provisions of the Subdivision Map Act and this title. (Ord. 1540 i 2
(part), 1974; Oral. 1369 (part), 1971: prior code I 28.601.)
18.48.020 Legal ly created parcel --Requi red for granttng of certain
permi ts--Crt teri a for detenni nati on,
No building permit, grading permit nor any other permit may be issued, nor
any approval granted necessary to develop any property unless and until said
property has been determined to have been legally created, or if the city
council finds that development of such real property is contrary to the public
health or the public safety; provided further, such permits may be denied if
the applicant was the owner of the real property at the same time of the
violation or currently owns the property with the knowledge of the violation
as provided through a notice of violation pursuant to the procedures set forth
herei n,
For a parcel to be considered a legally created parcel, its specific
boundaries must have been established or set forth by one of the following
means:
A, A recorded subdivision map or parcel map,
B. A deed describing the parcel by a metes and bounds description recorded
prior to November 26, 1971 (four or less lots);
C. A record of survey recorded prior to August 7, 1955;
D. A licensed survey or a miscellaneous map recorded prior to August 4, 1943;
Any of the above means combined with a city-approved and recorded boundary
adjustment pl at,
(Ord, 1540 i 2 (part), 1974: Ord, 1369 (part), 1971: prior code S 28,602(A).)
18.48.030 Notice of violation--Required when--Contents--Effect.
If the director of planning becomes aware of any parcel which has not
resulted from a legal division or consolidation of property in compliance with
the Subdivision Map Act and applicable city codes, he will send to the
property owner, or owners, of said property written notice notifying them of
the violation. This written notification will advise the property owner(s)
that:
A. The director of planning has determined that subject property together
with other contiguous property has been divided or has resulted from a
division in violation of the Subdivision Map Act and applicable city codes;
B. No building permit, grading permit nor any other permit may be issued, nor
any approval granted necessary to develop said property, unless and until
a parcel map (subdivision map) is filed, approved and recorded in full
compliance with the Subdivision Map Act and provisions of the Chula Vista
city code adopted pursuant thereto. It is the responsibility of the
person or persons (the seller) who divided this property in violation of
the Subdivision Map Act and this code to submit the required parcel map
(subdivision map);
C. The director of planning will cause a notice of violation to be recorded
in the office the county recorder within fifteen days of notification to
property owner(s) which will describe the violation and the property and
name the owner(s) thereof. This notice when recorded will be constructive
notice of the violation to all successors in interest of said property.
D. Section 66499.32 of the Subdivision Map Act (Business and Professions
Code) contains provisions for certain persons to rescind the sale of
legally created parcels and/or to bring an action to recover any damage
suffered by reason of such division. Such section also provides that any
such action or rescission must be initiated within one year of the date of
the discovery of such violation;
E. If subject property was purchased through a licensed real estate salesman
or broker within the past three years and it is felt that the property was
misrepresented, the department of real estate desires that they be
notified.
(Ord. 1540 ~ 2 (part), 1974: Ord. 1369 (part), 1971: prior code 5 28.602(B).)
18.48.040 Certificate of compliance--Request for determination authorized.
In accordance with Section 66499.35 of the Business and Professions Code,
any person owning real property may request and the city shall determine
whether said property complies with the provisions of the Subdivision Map Act
and of this title, and thus, constitutes a legal and buildable lot. (Ord.
1540 S 2 (part), 1974: Ord. 1369 (part), 1971; prior code ~ 28.603.)
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18.48.050 Certificate of compliance--Application procedure--Documents to
be submi tted--Fee.
A. Application:
1. Application for a certificate of compliance shall be made with the
planning department in accordance with the following specifications:
a. The plat shall be drawn on a form prescribed by the director of
planning, Such forms are available in the planning department
upon request;
b. The plat shall be drawn to a minimum scale of one inch equals
one hundred feet (l" = lO0').
2. Each plat shall contain the following information:
a. A plat number, as issued by the planning department;
b. North arrow and scale;
c. Name, address, telephone number and signature of owner(s);
d. If prepared by an engineer or surveyor, his name, address,
telephone number and registration or license number;
e. A vicinity map with north arrow and scale indicated;
f. Sufficient legal description of the land to define the
boundaries of the ownership involved and the tax assessor's
parcel number(s);
g. The boundaries, to be shown as a solid line, with bearings
(directions) and distances labeled along boundaries;
h. The net share of subject parcel;
i The location, width and names, if any, of all existing streets
providing access to the property and the location, width and
purpose of al 1 easeme nts which 1 i e wi thin or immedi atel y
adjacent to the exterior boundaries of the parcel;
j. Full identification of all referenced maps, by map type and
number;
k. The location of all existing buildings and structures and their
uses, the distance between such buildings and structures, and
the distance between each building or structure and the boundary
of the 1 ot;
1. A statement of the existing zoning and any proposed zoning.
B. The request for certification shall also include:
1. A legible copy of the current owner's grant deed;
2. Documentation of recorded access to the subject property unless
abutting a public street;
3.A filing fee of twenty-five dollars.
(Ord. 1540 ~ 2 (part), 1974: Ord. 1369 (part), 1971: prior code ~ 28.604. )
18.48.060 Voidability of deeds or contracts violating provisions.
Any deed of conveyance, sale or contract to sell made contrary to the
provisions of this title is voidable at the sole option of the grantee, buyer
or person contracting to purchase, his heirs, personal representative, or
trustee in solvency or bankruptcy within one year after the date of execution
of the deed of conveyance, sale or contract to sell; but the deed of
conveyance, 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 enumerated, and upon the grantor, vendor or person contracting to
sell, or his assignee, heir or devisee. (Ord. 1369 (part), 1971: prior code i
28.107. )
18.48.070 FailUre to comply and illegal division of land deemed
misdemeanor--Penalty.
Those parcels of land which are subdivided contrary to the provisions of
this title 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, alternation or enlargement of any
building, structure or improvement thereon unless and until a map as required
by Sections 18.04.110 and 18.04.120 herein shall have been filed, approved in
accordance with the requirements of this title, and recorded, and any person
who subdivides or causes to be subdivided land without complying in all
respects with the provisions of this title shall be subject to prosecution for
a misdemeanor as defined hereinafter. Any offer to sell, contract to sell,
sale or deed of conveyance made contrary to the provisions of this title is a
misdemeanor, and any person, firm or corporation, upon conviction thereof,
shall be punishable by a fine of not more than five hundred dollars, or
imprisonment in the county jail for a period of not more than six months, or
by both such fine and imprisonment. (0rd. 1369 (part), 1971: prior code ~
28.108.)
18.48.01)0 No~omplying lots--Filing map subsequent to division permitted
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 title
ma~V file a subdivision or parcel map as required in Sections herein, which
shall comply in all respects with the provisions of this title. {0rd. 1369
(part), 1971: prior code ~ 28.109(1)o)
18.48.090 Property outside corporate limits--Compliance required when.
All plats of property situated outside the corporate 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 Subdivision Map Act of the state of
California. (0rd. 1369 {part), 1971: prior code I 28.109{2).)
18.48.1 O0 Unl awful subdi vi si on s--Statutory authority for restraint or
enjoinmerit.
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 title pursuant to the authority of Section 66499.33
of the Subdivision Map Act of the state. (0rd. 1369 {part), 1971: prior code 5
28.110. )
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Chapter 18.52
APPEALS
Sections:
18.52.010 Procedure--Tim limit for commencement.
18.52.010 Procedure--Tim limit for commencement.
Any action or proceeding to attach, review, set aside, void or annul the
decision of the city council concerning a subdivision, or any of the
proceedings, acts or determinations, taken, done or made prior to such
decision, or to determine the reasonableness, legality or validity of any
condition attached hereto in a court of competent jurisdiction, shall not be
maintained by any person unless such item or proceeding is commenced witin one
hundred and eighty days after the date of such decision. Thereafter, all
persons are barred from any action of proceeding or any defense of invalidity
or unreasonabl ene ss of such dec i si on or of such proceedings, acts or
determinations.
For subdivisions located in the coastal zone, any person, including an
applicant for a coastal development permit or the Coastal Commission, who is
aggrieved by the decision or action of the City Council shall have a right to
judicial review of such decision or action by filing a petition or writ of
mandate in accordance with the provisions of Section 1094.5 of the Code of
;ivil Procedure within 60 days after the decision or action has become final.
For purpose of this section, the term "aggrieved person" means any person who,
in person or through a representative, appeared at the public hearing of the
Redevelopment Agency, or who, by other appropriate means prior to the hearing,
informed the Redevelopment Agency of the nature of his or her concerns. (Ord.
1369 (part), 1971: prior code ~ 18.1201.)
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Chapter 18.54
FLOODPLAIN REGULATIONS
Sections:
18.54,010 Purpose and intent.
18,54.020 Official maps.
18.54.030 Definitions.
18.54.040 Roodplain development--Permits required.
18.54.050 Floodplain development--Review by city engineer.
1B.54.060 Floodplain development--Review by director of building and
hou si ng.
1B.54.070 Floodplain development--City engineer action.
18.54.080 New water and sewage systems.
1B.54.090 Alteration or relocation of watercourses.
18.54.100 Exceptions granted by board of appeals.
1B.54.110 Ordinance supersedes any conflicting statutes.
18.54.010 Purpose and intent.
In order to allow the city to participate in the Federal Flood Insurance
Program (National Flood Disaster Protection Act of 1973}, it is required that
the city adopt regulations controlling the development of property within
identified floodplains pursuant to the direction of said Act. The city
council, therefore, assigns to the director of building and housing and to the
city engineer certain added responsibilities, and they are authorized and
directed to enforce all the provisions of this chapter and all other
ordinances of the city now in force or hereafter adopted, relating to zoning,
subdivision, or building codes. (Ord. 1842 5 1 (part), 1978.)
18.54.020 Official maps.
The city council designates flood iunsurance rate maps (FIR~4) and flood
boundary and floodway map, community panel numbers 065021 OOOl-O007 dated
August 15, 1983, and amendments on file in the office of the director of
public works, as the official maps to be used in determining those areas of
special flood hazard (Ord. 2039 5 1 (part), 1983: Ord. 1842 5 1 (part), 1978.)
18.54.030 Definitions.
Unless specifically defined in this section, words or phrases used in this
chapter shall be interpreted so as to give them the same meaning as they have
in common usage so as to give this chapter its most reasonable application.
A. "Area of flood hazard" means' areas within the community subject to a one
percent or greater chance of flooding in any given year. These areas are
identified as zones A, A1-30 and AO on the official maps.
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B. "Development" means any mannade change to improved or unimproved real
estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
C. "Flood" means a temporary rise in a stream's flow or stage that results in
water overflowing its banks and inundating areas adjacent to the channel,
or an unusual and rapid accumulation of runoff or surface waters from any
source.
D. "Floodproofing" means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
E. "Habitable floor" means a floor used for living which includes working,
sleeping, eating, cooking or recreation or any combination thereof. A
floor used only for storage purposes is not a habitable floor.
F. "Mobile home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities.
It does not include recreational vehicles or travel trailers.
G. "Mobile home park (subdivision)" means a parcel (or contiguous parcels) of
land which has been divided into two or more lots for rent or sale and the
placement of mobile homes.
H. "One-hundred-year flood" means the condition of flooding having a one
percent chance of annual occurrence.
I. "Regulatory flood elevation" means the water surface elevation of the
one-hundred-year flood.
j. "Regulatory floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than one foot. The designated regulatory flood wa~s are the channels
of the Sweetwater River and Telegraph Canyon Creek shown on the current
flood boundary and floodway map, and Poggi Canyon Creek as shown on the
county of San Di ego floodway map.
K. "Structure" means a walled and roofed structure, including a gas or liquid
storage tank that is principally above the ground, including but without
limitation to buildings, factories, sheds, cabins, mobile homes and other
similar uses.
L. "Substantial improvement" means any repair, reconstruction or improvement
of a structure, the cost of which equals or exceeds fifty percent of the
market value of the structure either:
1. Before the improvement is started; or
2. If the structure has been damaged and is being restored, before the
damage occurred.
For the purposes of this definition substantial improvement is considered
to occur when the first alteration of any wall, ceiling, floor or other
structural part of the building commences, whether or not that alteration
effects the external dimensions of the structure. The term does not,
however, include any alteration to comply with existing state or local
health, sanitary, building or safety codes or regulations, or structures
listed in national or state registers of historic places.
(Ord. 2039 i 1 (part), 1983; Ord. 1842 I 1 (part), 1978.)
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18.54.040 Floodplain development--Permits required.
A. No person, firm or corporation shall erect, construct, enlarge or improve
any building or structure within areas of flood hazard in the city or
cause the same, including the placement of mobile homes, to be done
without first obtaining a building permit for each such action.
B. To obtain such a building permit, the applicant shall first file an
application therefor in writing with the director of building and housing
on a form furnished for that purpose. Every such application shall:
1. Identify and describe the work to be covered by the permit for which
application i s made;
2. Describe the land on which the proposed work is to be done by lot,
block, tract and house and street address, or similar description
that wi 11 readily i denti fy and defi ni tely 1 ocate the proposed
bui 1 ding of work;
3.Indicate the use or occupancy for which the proposed work is intended;
4.Be accompanied by necessary plans and specifications for the proposed
c onstructi on;
5. Be signed by the permittee or his authorized agent who may be
required to submit evidence to indicate such authority.
6. Be accompanied by elevations (in relation to sea level) of the lowest
habitable floor (including basement) or in the case of floodproofed
(as defined in this chapter) nonresidential structures, the elevation
to which it has been floodproofed. Documentation or certification of
such elevations will be maintained by the director of building and
housing.
7. Be accompanied by a certification, submitted by a licensed civil
engineer, structural engineer, or architect, that the plans and
specifications for the proposed building or structure comply with the
floodproofing requirements of the National Flood Insurance Program as
revised. Said licensed civil engineer, structural engineer or
architect, subsequent to construction of the proposed building or
structure but prior to final approval for use or occupancy thereof,
shal 1 certify that such bui 1 di ng or structure has been so
floodproofed. He shall also specify the elevation to which such
floodproofing is effective. This provision is not applicable to
mobi lehomes.
8. Give such other information as reasonably may be required by the
director of building and housing.
C. In the coastal zone, development in floodplains shall also be required to
obtain a coastal development permit consistent with the applicable
provisions of the certified Local Coastal Program.
(Ord. 1842 ! (part), 1978.)
18.54.050 Floodplain development--Review by city engineer.
The city engineer shall review all development permit applications to
determine if the site of the proposed development is reasonably safe from
flooding, that all applicable requirements of the National Flood Insurance
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Program have been met, and that all necessary permits have been received as
;required by federal or state law. Copies of such permits shall be required
~part of permit applications. {Ord. 2039 § 1 (part), 1983: Ord. 1~142 § 1
(part), 1978. )
18.54.060 Floodplain development--Review by director of building and
housing.
The director of building and housing, in reviewing all applications for
new construction, substantial improvements, prefabricated buildings, placement
of mobile homes and other developments (as defined in this chapter) will
obtain, review and reasonably utilize, if available, any regulatory flood
elevation data from federal, state or other sources until such other data is
provided by the Federal Insurance Administration in a flood insurance study;
and require within areas designated as zone A, zone A1-30 and zone AO on the
official map that the following performance standards be met:
A. Residential structures and substantial improvements of residential
structures shall meet the following standards: The first floor elevation
(to include basement) of new residential structures shall be elevated to a
minimum of one foot above the regulatory flood elevation; except that in
zone AO the lowest floor (including basement) shall be the above the crown
of the nearest street to or above the regulatory depth number.
B. Nonresidential structures shall meet the following standards:
1. The first floor elevation (to include basement) of nonresidential
structures be elevated or floodproofed to a minimum of one foot above
the regulatory flood elevation; except that in zone AO the lowest
floor (including basement) shall be above the crown of the nearest
street to or above the regulatory depth number or together with
attendant utility and sanitary facilities be completely floodproofed
to or above that level so that any space below that level is
watertight with walls substantially impermeable to the passage of
water and with structural components having the capabi 1 i ty of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
2. Require the use of construction materials and utility equipment that
are resistant to floodwater damage;
3. Require the use of construction methods and practices that will
minimize flood damage;
4. Be designed or anchored to prevent the flotation, collapse or lateral
movement of the structure or portions of the structure due to
fl oodi ng;
5. Assure that in regard to mobile homes, specific anchoring
requ i rements i ncl ude:
a. Over-the-top ties be provided at each of the four corners of the
mobile home with two additinal ties per side at the intermediate
locations. Mobile homes less than fifty feet long require only
one additinal tie per side,
b. Frame ties be provided at each corner of the home with five
additional ties per side at intermediate points. Mobile homes
less than fifty feet long require only four additional ties per
side.
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c. Each required tie of the anchoring system shall be Capable of
carrying a force of four thousand eight hundred pounds.
d. Amy additions to mobile homes shall be si~larly anchored;
6. All mobile homes to be placed within zones A1-30, but not into a
mobile home park or mobile home subdivision have:
a. Stands or lots elevated on compacted fill or on pilings so that
the lowest floor of the mobile home ~ll be one foot or above
the base flood level,
b.Adequate surface drainage and access are provided for a hauler,
and
c. In the instance of elevation on pilings, lots are large enough
to permit steps, piling foundations are placed in stable soil no
more than ten feet apart, and reinforcement is provided for
piers more than six feet above ground level;
7. Mobile homes, except in an existing mobile home park or mobile home
subdivision, are not to be placed within a regulatory floodway.
(Ord. 2039 ~ 1 (pa~), 1983: Ord. 1842 ~ 1 (part), 1978.)
18.54.070 Floodplain development--City engineer action.
The city engineer shall review all subdivision and land development permit
applications and shall make findings of fact and assure that:
A. All such proposed developments are consistent with the need to minimize
flood damage;
B. Proposals for subdivisions and other new development incorporating more
than five acres of fifty lots, whichever is lesser, show on tentative
parcels maps, tentative subdivision maps or site plans, regulatory flood
elevation data for any included area designated zone A, zone A1-3O or zone
JU3;
C. Adequate drainage is provided so as to reduce exposure to flood hazards;
D. All public utilities and facilities are located so as to minimize or
eliminate flood damage;
E. The natural landscape of all designated floodways and major watercourses
is substantially preserved;
F, An evacuation plan indicating alternate vehicular access and escape routes
is filed with appropriate Disaster Preparedness Authorities for mobile
home parks and mobile home subdivisions located ~4thin zone A, zones A1-30
and zone AO;
G. Within zones A1-30, new mobile home parks and mobile home subdivisions,
expansions to existing mobile home parks and mobile homo subdivisions, and
existing mobile home parks and mobile home subdivisions where the repair,
reconstruction or improvement of the streets, utilities and pads equals or
exceeds fifty percent of the value of the streets, utilities and pads
before the repair, reconstruction or improvement has commenced have:
1. Stands or lots elevated on compacted fill or on pilings so that the
lowest floor of the mobile home will be at least one foot above the
base flood 1 evel,
2. Adequate surface drainage and access for a hauler, and
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3. The granting of the exception will not be materially detrimental to
:\ the public welfare or injurious to property or improvements, and will
not result in increased flood heights, additional threats to public
safety, or extraordinary public expense.
4. The granting of the exception will not create nuisances, or cause
fraud on, or the victimization of the public.
5. The granting of the exception will not result in the increase in
flood 1 evel s during the base flood discharge.
6. The exception, under the 'circumstances, is the minimum ordinance
deviation necessary to provide the applicant sufficient relief.
7. The applicant has been notified that the use of the exception could
result i n a substantial increase i n flood insurance rates, and
increased risk to life and property.
8. The city will retain an official record of all exceptions, and will
report thereon i n its annual report to the Federal Insurance
Admi ni strator.
B. This section shall not a ply i the coastal zone.
(Ord. 1984 ! 1 (part), 197B.V n
18.54.110 Ordinance supersedes any conflicting statutes.
This chapter shall take precedence over conflicting ordinances or parts of
ordinances. The city council may, from time to time, amend the ordinance
codified in this chapter to reflect any and all changes in the National Flood
Insurance Program Regulations.
In the coastal zone, where conflicts arise between this ordinance and the
:ertified Local Coastal Program, the latter shall prevail. (Ord. 1842 S 1
(part), 1978.)
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3. In the instance of elevation on pilings, lots are large enough to
permit steps, piling foundations are placed in stable soil no more
than ten feet apart, and reinforcement is provided for pilings more
than six feet above the ground level;
H. Any encroachmerits, i ncl udi ng fi 11, new construction, substantial
improvements, and other developments within the designated regulatory
floodways that would result in any increase in flood levels during the
occurrence of a one-hundred-year flood discharge are prohibited.
I. In the coastal zone, the city engineer shall review all subdivision and
land development permit applications and shall recommend to the City
Council findings as to whether any proposed subdivision complies with the
provisions of the certified Local Coastal Program and the standards of
Subsections A-H, above.
(Ord. 2039 I 1 (part), 1983: Ord. 1842 ~ 1 (part), 1978.)
18.54.080 New water and sewage systems.
New water and sewer systems shall be constructed to eliminate or minimize
infiltration by, or discharge into, floodwaters. Moreover, on-site waste
disposal systems will be designed to avoid impairment or contamination during
flooding. (Ord. 1842 ~ 1 (part), 1978.)
18.54.090 Alteration or relocation of watercourses.
The city engineer shall review all plans for alteration or relocation of
any watercourse within the city to assure that the flood-carrying capacity of
such watercourse is maintained. The city will notify, in riverine situations,
affected communities and the State Coordinating Office prior to any alteration
or relocation of a watercourse, and submit copies of such notifications to the
Admi ni strator of the Federal Insurance Admi ni stration. Moreover, city
officers will work with appropriate State and Federal agencies in complying
with the National Flood Insurance Program in accordance with the National
Flood Disaster Protection Act of 1973. In the coastal, any subdivision that
involves the alteration or relocation of a stream shall also conform to the
applicable provisions of the certified Local Coastal Program. (Ord. 1842 5 1
(part), 1978. )
18.54.100 Exceptions granted by board of appeals.
A. The board of appeals and advisors of the city as established under Section
15.08.030 i s authorized to grant exceptions to the provi si ons and
requirements of this chapter. The board must make the following findings
in each and every case, as a prerequisite to its granting of an exception:
1. The application of certain provisions or requirements of this chapter
would cause practical difficulties, unnecessary hardships, and
results which are inconsistent with the general purpose and intent of
this chapter.
2. There are exceptional circumstances or conditions applicable to the
property or the proposed development which do not apply generally to
other properties or developments governed by this chapter.
TITLE 18 FOOTNOTES
1. For provisions of the statutory Subdivision Map Act, see Bus. and Prof.
Code ~ 11500; for statutory authority for cities to regulate division of
land which is not subdivision, see Bus. and Prof. Code ~ 11540.1; for
statutory exclusions of land from subdivision, see Bus. and Prof.
Code ~ 11700 et. seq.
2. For statutory provisions relating to tentative maps, see Bus. and Prof.
Code § 11550 et. seq.
3. For statutory provisions regarding form and content of final maps, see
Bus. and Prof. Code ~ 11567.
4. CROSS REFERENCE: Street planrings, see Ch. 12.32.
5. For statutory provisions vesting control over subdi vision design and
improvement in the governing bodies of cities, see Bus. and Prof. Code ~
11525.
6. For statutory provisions vesting control over subdivision design and
improvement in the governing bodies of cities, see Bus. and Prof.
Code ~ 11525.
CROSS REFERENCES: Excavations, see Ch. 15.04
Street obstructions, see Ch. 12.12
7. For statutory provisions vesting control over subdivision design and
improvement in the governing bodies of cities, see Bus. and Prof.
Code ~ 11525.
CROSS REFERENCES: Open Space, see Ch. 17.08
Residential Construction Tax, see Ch. 3.32
WPC 1270H
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ORDINANCE NO. 2100
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 18 'SUBDIVISION ORDINANCE) OF THE CHULA VISTA
MUNICIPAL CODE TO IMPLEMENT THE BAYFRONT SPECIFIC
PLAN
By a unanimous vote on January 29, 1985, the City
Council placed the ordinance on second reading and
adoption.
The ordinance amends Title 18 (Subdivision
Ordinance) of the Chula Vista Municipal Code in
accordance with the Subdivision Manual on file in
the office of the City Clerk, and incorporated
therein by reference as if set forth in full, to
implement the Bayfront Specific Plan.
Copies of the ordinance are available at the office
of the City Clerk, City Hall, 276 Fourth Avenue,
Chula Vista, California.
ennme M. Fu