1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro - District 1
Ernest R. Cisneros - District 2
Kenneth J. Koperski - District 3
Dr. Luis S. Gonzalez - District 4
John R. Echevarria - District 5
Isaac T. Suchil - District 6
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, JUNE 7, 2022 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
NO CLOSED SESSION ITEMS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member . No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
2 OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Don Duenez- Echoes of Love Ministry
FLAG SALUTE American Legion Post 155 Members Louie Barrera and Steve Ferrance
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Introduction of Homeless Solutions Coordinator - Alexis Saucedo Proclamation - Colton Teachers Appreciation Day
Presentation - Colton Joint Unified School District - Recognition of Colton Donors
MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the city council, any council member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the city council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
3 (1) Subdivision Ordinance Update and SB 9 - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-01-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, TO AMEND, REPEAL AND REPLACE TITLE 16 SUBDIVISION ORDINANCE OF THE
CITY OF COLTON MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO -UNIT PROJECTS TO IMPLEMENT LAWS ENACTED BY SB 9 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. (FILE INDEX NO. DAP-001-723), ORDINANCE NO. O-01-22.
[Staff Person: Mark Tomich]
(Public Hearing Continued from May 3, 2022)
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
(2) Change of Zone - Residential Overlay (R-O) Zone - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING
TO INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND SECTION 18.06.020 (OFFICIAL ZONING MAP) TO ADD RESIDENTIAL OVERLAY (R -O) TO AN EXISTING M-1 (LIGHT INDUSTRIAL) ZONE ON PROPERTY LOCATED AT 300 WEST CONGRESS STREET (APN 0163-272-01) IN THE CITY OF COLTON AND MEASURING APPROXIMATELY .27 ACRES IN AREA (FILE INDEX NO. DAP-001- 722), ORDINANCE NO. O-09-22.
[Staff Person: Mark Tomich]
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
4 (3) Residential Rate Modification - SB 1383 Compliance - TIME AND PLACE FIXED TO CONSIDER A PUBLIC
HEARING TO INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO MODIFY RESIDENTIAL RATE- SB 1383 COMPLIANCE, ORDINANCE NO. O-10-22. [Staff Person: Brian Dickinson]
(Staff Recommends Continuing Item to the June 21, 2022 City Council Meeting.)
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
(4) Fee Update - Community Services Department Fees - TIME AND PLACE FIXED TO CONSIDER A PUBLIC
HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
UPDATING THE MASTER FEE SCHEDULE FOR SERVICES PERFORMED BY THE COMMUNITY SERVICES DEPARTMENT, RESOLUTION NO. R-41-22.
[Staff Person: Deb Farrar]
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
BUSINESS ITEMS
There are no business items.
.
5 PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Co uncil votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(5) Minutes - Approval of Minutes for the City Council Regular Meeting Held on May 17, 2022. [Staff Person: Carolina Padilla]
(6) Warrants - Approve US Bank voucher dated 04/21/2022 and totaling $64,855.73; voucher numbers 198963 to 199064 dated 05/05/2022 and totaling $2,431,368.27; voucher numbers 199065 to 199180 dated 05/12/2022 and totaling $899,061.86; voucher numbers 199181 to 199292 dated 05/19/2022 and totaling $2,207,379.28; a payroll disbursement listing dated 03/19/2022 to 04/01/2022 and totaling $898,923.89 and a payroll disbursement listing dated 04/02/2022 to 04/15/2022 and totalin g $959,725.90. [Staff Person: Stacey Dabbs]
(7) City Treasurer's Report - Receive and File City Treasurer's Report for March 2022. [Staff Person: Aurelio De La Torre]
(8) Agreement - Cal-Fire - Approve and Adopt a Contract for Wildland Protection Agreement with Cal Fire, RESOLUTION NO. R-55-22.
[Staff Person: Tim McHargue]
(9) Agreement - AT&T Consulting & Network Integration Services - Approve Agreements with AT&T Corp. for Microsoft 365 Migration.
[Staff Person: Stacey Dabbs]
(10) Budget Appropriation - City Attorney Professional Services - Approve and Adopt a Budget Resolution to Appropriate Funds in the General Fund Reserves for City Attorney Professional Services, RESOLUTION NO.
R-69-22.
[Staff Person: Bill Smith]
(11) Contract Amendment - CMY Solutions - Approve the First Amendment to the Contract with CMY Solutions LLC, for Electric Engineering Support.
[Staff Person: Brian Dickinson]
(12) Contract Award - Dennis Grubb & Associates LLC - Approve Contract with Dennis Grubb & Associates, LLC for Fire Department Plan Check Consultant Services.
[Staff Person: Tim McHargue]
6 (13) Contract Award - Electric Utility Rate Study - Award of Contract to EES Consulting for the Electric Utility Rate Study.
[Staff Person: Brian Dickinson]
(14) Contract Award - Metro Builders - Approve Contract Award to Metro Builders & Engineering Group for the Hutton Center Patio Improvement Project.
[Staff Person: Brian Dickinson]
(15) Contract Amendment - Mike's Custom Flooring - Approve Change Order No. 1 to the Contract with Mike's Custom Flooring for the Colton Police Department and Information Systems Department Flooring Project. [Staff Person: Brian Dickinson]
(16) Emergency Update - M Street Line Repair - Approve M Street Line Repair Emergency Update and Continuance of Emergency.
[Staff Person: Brian Dickinson]
(17) Contract Award & Reimbursement Agreement - ECORP / Anand Patel - Approve a Contract for Environmental Services with ECORP; a Reimbursement Agreement with the Applicant, and a Budget Appropriation Resolution for a 4-story hotel project (DAP-001-741), RESOLUTION R-66-22. [Staff Person: Mark Tomich]
(18) Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture - Approve Contract for Environmental Services with Kimley-Horn for the Ashley Furniture Project, Reimbursement Agreement with Applicant, and Adopt Budget Appropriation, RESOLUTION R-68-22. [Staff Person: Mark Tomich]
(19) Grant - State Literacy Funds - Approve and Adopt a Resolution Amending Fiscal Year 2021-2022 Budget to Receive Funding from California State Library for Literacy Programs, RESOLUTION NO. R-45-22. [Staff Person: Deb Farrar]
(20) Purchase - Fire Department Vehicle - Authorize the Purchase of a 2023 Chevy Silverado 2500HD for the Fire Department.
[Staff Person: Tim McHargue]
(21) Report - SB1205 California State Fire Marshal Mandated Inspections - Accept SB1205 California State Fire Marshal Mandated Inspections Report and Approve Resolution, RESOLUTION NO. R-61-22. [Staff Person: Tim McHargue]
(22) Set Public Hearing - LLMD1 for FY22-23 - Set Public Hearing Date of June 21, 2022 to Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District I for Fiscal Year 2022/2023, RESOLUTION NO. R-52-22, R-53-22, and R-54-
22. [Staff Person: Brian Dickinson]
(23) Set Public Hearing - LLMD2 for FY22-23 - Set Public Hearing Date of June 21, 2022 and Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessmen ts for Landscape Lighting and Maintenance District II for Fiscal Year 2022/2023, RESOLUTION NO. R-56-22, R-57-22, & R-58-
22. [Staff Person: Brian Dickinson]
(24) Set Public Hearing - Stormwater Fees - Set the Public Hearing Date of June 21, 2022 for the Basic Fee for Storm Water Services and Storm Water Management User Fee. [Staff Person: Brian Dickinson]
(25) Contract Amendment - KOA Corporation - Approve Amendment No. 1 for the KOA Corporation Professional Service Agreement to for the Reche Canyon Road Realignment to Hunts Lane Project, RESOLUTION NO. R-46-22.
[Staff Person: Brian Dickinson]
7 MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
ADJOURNMENT
8 I, Stephanie Vargas, the Acting Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted Wednesday, June 1, 2022, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from th e City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addr essed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office o f the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
9 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raisin g only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-01-22, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, TO AMEND, REPEAL AND REPLACE TITLE 16
SUBDIVISION ORDINANCE OF THE CITY OF COLTON
MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO-
UNIT PROJECTS TO IMPLEMENT LAWS ENACTED BY SB 9 AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.
(FILE INDEX NO. DAP-001-723), ORDINANCE NO. O-01-22.
(PUBLIC HEARING CONTINUED FROM MAY 3, 2022)
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Staff recommends that the City Council take the following action: Waive Full Reading. Read by Title Only and Introduce First Reading Ordinance No. O-01-22 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND, REPEAL AND REPLACE TITLE 16 SUBDIVISION ORDINANCE OF THE CITY OF
COLTON MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO-UNIT PROJECTS TO IMPLEMENT LAWS ENACTED BY SB 9 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. (File Index No. DAP-001-723)
BACKGROUND
The City of Colton’s Subdivision Ordinance, Title 16 of the City’s Municipal Code, was adopted in 1977, with minor amendments in 1985, 1988 and 2000 to address school facilities, and park
1.1 Packet Pg. 10
Staff Report to the Mayor and City Council
Subdivision Ordinance Update and SB 9
June 7, 2022
and recreation facilities dedication and fees. This update is needed in order to achieve consistency with legislation adopted over the past 45 years, including recently adopted legislation, including Senate Bill 9, addressing “Urban Lot Splits” within single -family zones that took effect on January 1, 2022.
On December 14, 2021, the Plannin g Commission approved by a 6 -0-1 vote Resolution No. R - 34-21, recommending City Council approval of Subdivision Ordinance Update by conducting the first reading. At the City Council’s public hearing on held on March 1, 2022, public comment was provided by Scott McKhann, owner of Modern Pacific Homes. Mr. McKhann did not provide comments during the Planning Commission hearing on the update.
Following public comment, the City Council continued the public hearing to April 19, 2022 (subsequently continued again to May 3, 2022), and directed staff to address Mr. McKhann’s comments, and make appropriate edits to the Ordinance, as necessary. Public Work/Engineering staff, Planning staff and the City Attorney carefully reviewed each of Mr. McKhann’s comments and have determined that most comments consist of policy disagreements with the proposed Ordinance, not substantive errors. However, some incorrect cross -references and outdated terminology was identified in the comments and minor corrections were made to the Ordinance upon its return to the City Council on May 3, 2022.
At the May 3 rd hearing, there were questions and comments from Council Members regarding the Urban Lot Splits provisions in the Ordinance, specifically provisions pertaining to lot splits within designated High and Very High Fire Hazard areas such as with the La Loma Mountain area and Reche Canyon Specific Plan area. The public hearing was continue d to this date in order for staff to consult with the City Attorney on this issue to provide a fully informed response.
ISSUES/ANALYSIS
Staff has consulted with the City Attorney on this matter and concluded that that prohibiting urban lot splits within High Fire Zones is not in compliance with State law. Urban lot splits must be permitted i f compliance with fire code requirements and quantifiable or objective design standards are met. The City of Colton’s Code proposed code requirements are written to provide the most restrictive interpretation allowed by law in developing an urban lot spli t within ‘High Fire Zone” areas as outlined in proposed Section 16.22.050 (11) Fire –Hazard Mitigation Measures, which first requires an inspection of the site prior to submitting an application for an urban lot split. This section also includes specific access requirements, compliance with current fire code requirements for dwelling s in a Very High Fire Hazard Severity Zone (which includes both La Loma and Reche Canyon Areas) , fire sprinkler requirements for all enclosed structures (this may be interprete d to mean existing and proposed), require that all dwellings on the site must be within 150 feet -hose-pull distance from either the public right -of-way or an on -site fire hydrant or standpipe; and access to 5,000 gallon reservoir per dwelling with fire aut hority
1.1 Packet Pg. 11
Staff Report to the Mayor and City Council
Subdivision Ordinance Update and SB 9
June 7, 2022
hookups compatible with fire -authority standard pump and hose equipment. These specific requirements are found on pages 46 and 47 the proposed Subdivision Code Update (Exhibit A).
ENVIRONMENTAL DETERMINATION
This ordinance is exempt from the Cali fornia Environmental Quality Act (CEQA) in accordance to Title 14 of the California Code and Regulations, Section 15061(b)(3), as proposed changes to the subdivision ordinance do not have the potential to cause a significant effect on the environment and under California Government Code Sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of government code sections 66411.7 and 65852.21 and regulating urban lot splits and two -unit projects is statutorily exempt from the requirements of the CEQA. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9, subject to the following findings:
(1) Not result in a potentially significant cumulative impact in that the urban lot splits ordinance are only permitted in zones that are primarily allow for single family residential units and are also not permitted on lots with approved historical landmark status, or on lots within a Colton Historic Districts, and proposed urban lots must also have 12.5 foot frontage on public right -of-way (street or alley). The City currently has approximately 2,561 lots located in zones primarily designed for single -family homes. It is estimated that 500 -700 lots may qualify for urban lot splits projects. From the geographic information systems (GIS) map analysis, the majority of the larger lots that may be split are located in the Reche Canyon Specific Plan area. Many of the lots in other parts of the City are more difficult to split because of the size of the properties and placement of current single-family home on a property, making it difficult to comply with the urban lot splits development standards.
(2) Not result in a rea sonable possibility that the activity will have a significant effect on the environment due to unusual circumstances the addition of potential new lot splits will be relatively minor as the number of lots impacted will is substantially reduced based on review of qualified single family residential lots in Colton; (3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway in that each urban lot splits proposal will be reviewed to comply with the urban lot splits requirements and location to address issues related to trees, scenic highways, historic districts/landmarks and other standards for such proposals; (4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code as there are no current single family zones located within a local hazardous waste site; or
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Staff Report to the Mayor and City Council
Subdivision Ordinance Update and SB 9
June 7, 2022
(5) Not result in a substantial adverse chan ge in the significance of a historical resource in that urban lot split projects are prohibited on landmark designated lots and lots within a historic district. Colton currently has five historic districts and approximately 22 approved single -family home historic landmarks. Except for a couple of minor amendments, the current Subdivision Ordinance is approximately 44 years old and is in need of update to include language for Lot Line Adjustments, updated Vesting Tentative Map requirements and in addressin g compliance with current State Subdivision Map Act law.
Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.
FISCAL IMPACTS
No fiscal impacts are associated with this Municipal Code Amendment to Title 16 (Subdivision Ordinance) of the City of Colton.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. Ordinance No. O-01-22
2. Exhibit-A - Subdivision Ordinance_Revised 5-3-22
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Ordinance No. 0-01-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND, REPEAL AND REPLACE TITLE 16 SUBDIVISION ORDINANCE OF THE CITY OF
COLTON MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO-UNIT PROJECTS TO IMPLEMENT LAWS ENACTED BY SB 9 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. (FILE INDEX NO. DAP-001-723)
WHEREAS, the City of Colton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2 021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two -unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 t ook effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, as part of an on -going annual code update planning program, the Planning Commission has identified that the Subdivision Ordinance was last updated approximately 44 years ago, circa 1977 with minor updates in 1985, 1988 and 2000 to address school facilities, and park and recreation facilities dedication fees, and that t he City’s Subdivision Ordinance would benefit from clarification and/or correction, as well as update to several sections and/or subsections that require updates to ensure consistency with the City’s General Plan, with other Colton Municipal Code Titles an d current subdivision practices. This proposed ordinance amendment will repeal and replace of the entire Colton Subdivision Ordinance; and
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WHEREAS, a public notice of the December 14, 2021 Planning Commission hearing to consider the proposed Subdivision Ordinance Amendment was published in the San Bernardino Sun, posted on the City’s website, posted at City Hall, and sent to all parties who have demonstrated an interest in the project, describing the project, date, time, and location of the hearing;
WHEREAS, on December 14, 2021, the Planning Commission held the duly advertised public hearing to receive and consider testimony on the proposed project; WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) in accordance to T itle 14 of the California Code and Regulations, Section 15061(b)(3), as proposed changes to the subdivision ordinance do not have the potential to cause a significant effect on the environment and under California Government Code Sections 65852.21, subd. ( j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of government code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of t he CEQA. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9, subject to findings; and WHEREAS, on December 14, 2021, the Planning Commission as an advisory body to the City Council with regard to the approval of Amendments to the Municipal Code , voted 6 to 0 (with one member absent) to recommend to the City Council approval of the proposed Subdivision Ordinance Amendment.
WHEREAS, all other prerequisites to the adoption of this resolution have been completed.
NOW, THEREFORE, the City Council of the City of Colton does ordain as follows:
SECTION 1 . The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Under California Government Code sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two -unit
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projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9. Specifically, the Planning Commission hereby finds that the Attached Exhibit “A” Ordinance will:
(1) Not result in a potentially significant cumulative impact in that the urban lot splits ordinance are only permitted in zones that are primarily allow for single family residential units and are also not permitted on lots with approved historical landmark status, or on lots within a Colton Historic Districts, and proposed urban lots must also have 12.5 foot frontage on public right -of-way (street or alley). The City currently has approximately 2,561 lots located in zones primarily designed for single-family homes. It is estimated that approximately 500 to 700 lots may qualify for urban lot splits projects. The majority of the lots are located in the Reche Canyon Specific Plan. Most of the properties in Reche Canyon Specific Plan are in large lot subdivisions or lots currently very difficult to subdivide because of current house placement and insufficient area to comply with Urban Lot Split development standards.
(2) Not result in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances the addition of potential new lot splits will be relatively minor as the number of lots impacted will is substantia lly reduced based on review of qualified single family residential lots in Colton; (3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway in that each urban lot splits proposal will be reviewed to comply with the urban lot splits requirements and location to address issues related to trees, scenic highways, historic districts/landmarks and other standards for such proposals;
(4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code as there are no current single family zones located within a local hazardous waste site; or
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(5) Not result in a substantial adverse change in the significance of a historical resource in that urban lot split projects are prohibited on landmark designated lots and lots within a historic district. Colton currently has five historic districts and approximately 22 appr oved historic landmarks. Except for a couple of sections within the Subdivision Ordinance, the ordinance is approximately 44 years old and is in need of update to include language for Lot Line Adjustments and updated Vested Tentative Map requirements.
Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.
SECTION 3. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA this ordinance is also exempt from the California Environmental Quality Act (CEQA) in accordance to Title 14 of the California Code and Regulations, Section 15061(b)(3), as proposed changes to the Subdivision Ordinance do not have the potential to cause a significant effect on the environment.
SECTION 4. Title 16 (Subdivision Ordinance) of the Colton Municipal Code is hereby amended, repealed and replaced as provided in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 5 . The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before it s adoption and again within 15 days after its adoption.
SECTION 6. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
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Attachment: Ordinance No. O-01-22 (3646 : Subdivision Ordinance Update and SB 9) 1 2
3 4
5 6
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9 10
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13 14
15 16
17 18
19 20
21 22
23 24
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SECTION 7. The City Council hereby directs staff to prepare, execute, and file with the County of San Bernardino Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.
SECTION 8. The Custodian of Records for this Ordinance is City Clerk and the records compromising the administrative record for this Ordinance are located at the City of Colton.
SECTION 9. Certification/Publication. The City Clerk shall certify to the passage of the Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation published and circulated in the City of Colton.
SECTION 10. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this_____ day of _______, 2022.
City of Colton
______________________________
Frank J. Navarro, Mayor
ATTEST:
______________________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
______________________________________
Best Best & Krieger LLP
City Attorney
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Attachment: Ordinance No. O-01-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
Title 16
SUBDIVISION ORDINANCE1
Chapters and sections:
Chapter 16.04 - GENERAL PROVISIONS
16.04.010 - Short title.
16.04.020 - Purpose.
16.04.030 - Scope of Provisions.
16.04.040 - Applicability of Provisions.
16.04.045 – Application Review Committee (ARC)
16.04.050 - Conformance with other provisions.
16.04.060 - Compliance Required.
16.04.070 - Conflict of Provisions.
16.04.080 - Changes in Fees and Charges.
Chapter 16.08 - DEFINITIONS
16.08.010 - Generally.
16.08.020 – Advisory Agency.
16.08.030 - Alley.
16.08.040 - Appeal Board.
16.08.045 – Application Review Committee
16.08.050 - Authorized Representative.
16.08.060 - Building Official.
16.08.070 - City Engineer.
16.08.090 – Development Services Director
16.08.100 - Engineer, Civil.
16.08.110 - Engineer, Soils.
16.08.115 - Improvements.
16.08.120 - Lease.
16.08.130 - Map Act.
16.08.140 - Map, Final.
16.08.150 - Map, Parcel.
16.08.170 - Map, Record of Survey.
16.08.180 - Map, Reversion to Acreage.
16.08.190 - Map, Tentative.
16.08.195 - Off-Site Improvements.
16.08.200 - Owner.
16.08.210 - Plan, General.
16.08.220 - Plan, Specific.
16.08.230 - Street, City.
16.08.240 - Street, Private.
16.08.250 - Subdivider.
16.08.260 - Subdivision.
16.08.270 - Subdivision Standards.
1 For statutory provisions on the city control of subdivisions, see Gov. Code § 66410 et seq.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
16.08.280 - Surveyor.
16.08.290 – Reserved.
16.08.300 - Vesting Tentative Map.
Chapter 16.12 - PROCEDURES AND REQUIREMENTS—GENERAL
16.12.010 - Compliance Required.
16.12.030 - Tentative and Final Maps Required; Exceptions.
16.12.040 –Parcel Maps Required.
16.12.050 - Waiver of Parcel Map Requirement.
16.12.060 Conversion of Mobilehome Park.
16.12.070 Lot Line Adjustments.
16.12.080 Certificates of Compliance.
16.12.090 - Map Approval—Compliance with Plans Required.
16.12.100 - Map Approval—Tentative or Final—Denial.
16.12.110 - Map approval—Final—Prerequisites.
16.12.120 - Map approval—Final—Previous Approval of Tentative Map.
16.12.130 - Exceptions to Filing Requirements.
16.12.140 - Fees.
16.12.150 - Limitations on Issuance of Permits.
16.12.160 - Voidability of Certain Transactions.
16.12.170 - Remedies Not Barred.
Chapter 16.16 - PROCEDURES AND REQUIREMENTS—SPECIFIC
16.16.010 - Compliance Required.
16.16.060 - Tentative Map—Form.
16.16.070 - Tentative Map—Contents.
16.16.080 - Tentative map—Statements required.
16.16.090 - Tentative map—Documents required.
16.16.100 - Preliminary soils report—Requirements.
16.16.105 - Environmental analysis required for map approval.
16.16.110 - Tentative map—Submittal—Copies.
16.16.120 - Tentative map—Copy transmittal.
16.16.130 - Tentative map—Review.
16.16.140 - Tentative map—Committee meeting date setting.
16.16.150 - Tentative map—Official filing—When.
16.16.160 - Tentative map—Committee report to planning commission.
16.16.170 - Tentative map—Commission—Consideration.
16.16.180 - Tentative map—Commission—Approval, disapproval.
16.16.190 - Tentative map—Council action—Appeal.
16.16.200 - Tentative map—Final action.
16.16.210 - Tentative map—Approval—Fulfillment of conditions.
16.16.220 - Commencement of work—Approval—Agreement with tentative map.
16.16.230 - Final map—Preparation.
16.16.240 - Extension—Limitation—Denial—Appeal.
16.16.250 - Final map—Failure to submit to terminate proceedings.
16.16.260 - Final map—Submittal.
16.16.270 - Final map—Form and content.
16.16.280 - Final map—Processing—Approval.
16.16.285 - Final map—Improvements completed or agreement for improvements completed.
16.16.290 - Parcel map—Submittal.
16.16.300 - Parcel map—Form and content.
16.16.305 - Parcel map—Dedications.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
16.16.310 - Parcel map—Processing.
16.16.315 – Parcel map—Improvements completed or agreement for improvements completed.
16.16.320 - Correction and amendment of maps.
16.16.330 - Reversion to acreage and exclusions.
Chapter 16.17 – MONUMENTATION
16.17.010 – Minimum Requirements.
16.17.020 – Boundaries.
16.17.030 – Street Centerlines.
16.17.040 – Interior Lot Corners.
16.17.050 – Interior Monuments.
16.17.060 – Permanent Monuments in Streets.
16.17.070 – Approval.
Chapter 16.18 - VESTING TENTATIVE MAPS
ARTICLE I. - GENERAL PROVISIONS
16.18.010 - Citation and authority.
16.18.020 - Purpose and intent.
16.18.030 - Consistency.
16.18.040 - Definitions.
16.18.050 - Application.
ARTICLE II. - PROCEDURES
16.18.060 - Filing and processing.
16.18.070 - Fees.
16.18.080 - Expiration.
ARTICLE III. - DEVELOPMENT RIGHTS
16.18.090 - Vesting on approval of vesting tentative map.
16.18.100 - Development inconsistent with zoning—Conditional approval.
16.18.110 - Applications inconsistent with current policies.
16.18.120 - Filing
Chapter 16.20 - REGULATIONS AND STANDARDS
16.20.010 - Conformance Required.
16.20.020 - Construction of Provisions.
16.20.030 - Streets and Highways.
16.20.040 - Easements.
16.20.042 - Removal of Obstructions.
16.20.044 - Blocks—Length and Width.
16.20.050 - Lots.
16.20.060 - Walkways.
16.20.070 - Watercourses.
16.20.080 - Land Subject to Inundation.
16.20.100 - Design Consistency.
Chapter 16.22 – URBAN LOT SPLITS
16.22.010 – Purpose
16.22.020 – Definition
16.22.030 – Application
16.22.040 – Approval
16.22.050 – Requirements
16.22.060 – Specific Adverse Impacts
Chapter 16.24 - IMPROVEMENTS
16.24.010 - Subdivider Responsibility—Scope.
16.24.020 - Subdivision Standards—Contents.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
16.24.030 - Documents Required.
16.24.040 - Request for Zoning Change.
16.24.050 - Private Streets Permitted When.
16.24.060 - Special Features Permitted When.
16.24.070 - Agreement for Completion.
16.24.080 - Bond for Completion.
16.24.090 - Acceptance of Improvements.
16.24.100 - Supplemental Improvements and Reimbursement Agreements.
16.24.110 - Drainage facilities—Payment of Fees Required.
16.24.120 - Sewer facilities—Payment of Fees Required.
16.24.130 - Water facilities—Payment of Fees Required.
16.24.140 - Refuse facilities—Payment of Fees Required.
Chapter 16.28 - EXCEPTIONS
16.28.010 - Authority.
16.28.020 - Application—Petition.
16.28.030 - Report—Consideration.
16.28.040 - Waiver—Approval when.
16.28.050 - Appeal—Procedure.
Chapter 16.32 - ENFORCEMENT AND PENALTY
16.32.010 - Enforcement.
16.32.020 - Deed or Contract—Voidable When.
16.32.030 - Violation—Penalty.
Chapter 16.34 - FEES
16.34.010 - Fees may be set by resolution.
Chapter 16.36 - PARK AND RECREATION FACILITIES DEDICATION/FEE
16.36.010 - Purpose and Authority.
16.36.020 - Requirements.
16.36.030 - General standard.
16.36.040 - Enforcement.
16.36.050 - Standards and formula for dedication of land.
16.36.060 - Population Density Factor.
16.36.070 - Formula for Fees In Lieu of Land Dedication.
16.36.080 - Park Acquisition Cost.
16.36.090 - Determination of Land or Fee.
16.36.100 - Procedure.
16.36.110 - Industrial and Commercial Developments.
16.36.120 - Schedule of Development.
16.36.130 - Use of Fees and/or Land.
16.36.140 - Other Applicable Fees.
16.36.150 - Credit for Private Open Space.
16.36.160 - Credit for Park Improvements.
Chapter 16.38 – PARCEL MERGERS
16.38.010 – Purpose and intent
16.38.020 – Residential Parcel mergers
16.38.030 – Nonresidential Parcel mergers
16.38.040 – Parcel Merger procedures
16.38.050 - MERGER OF SUBSTANDARD LOTS
16.38.0650 - Standards to Merge Lots.
16.38.0760 - Procedures.
Chapter 16.40 – PLANS AND SPECIFICATIONS
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
16.40.010 – Filing.
Chapter 16.42 – RECORD DRAWINGS
16.42.010 – Filing.
Chapter 16.44 – SURVEY REQUIREMENTS—MONUMENTS
16.44.010 – Setting Monuments
Chapter 16.46 - DEDICATIONS
16.46.010 – Requirements.
16.46.020 – Waiver of Direct Street Access.
16.46.030 – On Final Maps.
16.46.040 – For subdivisions not requiring a final map.
Chapter 16.04 GENERAL PROVISIONS
16.04.010 Short Title.
This Title shall be known and may be cited as the "Colton Subdivision Ordinance."
16.04.020 Purpose.
This Title is enacted for the purpose of adopting standards, regulations and procedures for the subdivision and other specified types of division and utilization of land in the incorporated area of the city, as authorized and directed by the Subdivision Map Act and other applicable provisions of law.
16.04.030 Scope of Provisions.
A. This Title regulates and controls subdivisions for which the Subdivision Map Act requires a tentative and final or parcel map, and other divisions and subdivisions as authorized by the act.
B. This Title also provides for the reversion to acreage of lands previously divided, and for exclusions from subdivisions.
16.04.040 Applicability of Provisions.
This Title does not affect any agreement, contract or bond previously executed with respect to any subdivision or any rights of action accrued thereunder; or any previous action to approve a tentative, parcel or final map; except, that conditions of approval and time limitations imposed thereon will prevail.
16.04.050 Conformance with Other Provisions.
All divisions of land that are subject to the provisions of this Title must conform to the General Plan, specific plans, and to adopted standards and provisions of law that are pertinent or applicable to such divisions.
16.04.060 Compliance Required.
It is unlawful for any individual, firm, association, syndicate, copartnership, trust, or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell, or sell or lease, or transfer, or utilize, or other wise assign, for financing or other purposes, any proposed subdivision or other division of land or any part thereof in the incorporated territory of the city, unless and until all the requirements hereinafter provided have been complied with.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
16.04.070 Conflict of Provisions.
Whenever conflict occurs between any provision of this Title and any other provisions of law, the more restrictive of such provisions must prevail.
16.04.080 Changes in Fees and Charges.
Notwithstanding any other provision of this Title, future increases or decreases in fees and charges provided for in this Title must be established by resolution of the city council.
Chapter 16.08 DEFINITIONS
16.08.010 Generally.
As used in this Title, the following words shall have the meaning respectively ascribed to them in the following sections.
16.08.020 Advisory agency.
"Advisory agency" means the Colton planning commission, which is also referred to as the "planning commission" and as the "commission," and it is charged with the duty of making investigations and reports on the design and improvement of all proposed subdivisions and other divisions of land, and has map -processing and other duties with respect to such subdivisions and other divisions of land, and the procedures relating thereto, as are specified by law and by this Title.
16.08.030 Alley.
"Alley" means a way for secondary vehicular access to private property for on -site parking, freight handling and related purposes.
16.08.040 Appeal Board.
"Appeal Board" means the city council of the City of Colton, which is also referred to as the "city council," and it must hear and make determinations upon appeals from actions of the planning commission with respect to the provisions of this Title.
16.08.045 Application Review Committee (ARC).
" Application Review Committee" (ARC) means the development services director, city engineer or public works director, planning manager, and the building official, or their authorized representatives, and "committee" m eans the application review committee.
16.08.050 Authorized Representative.
"Authorized Representative" means a qualified person who is authorized by a city official, as defined in this chapter, to act in the place of such official with respect to the operation or administration of this Title.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.08.060 Building Official.
"Building official" refers to the Building Official of the City of Colton.
16.08.070 City Engineer.
"City Engineer" refers to the City Engineer of the City of Colton.
16.08.090 Development Services Director.
"Development Services Director" refers to Development Services Director of the City of Colton.
16.08.100 Engineer, Civil.
"Civil Engineer" means a civil engineer, as defined in Section 6731 of the Business and Professions Code, and who is registered under the provisions of the Business and Professions Code of the State of California, who is retained to provide civil engineering services related to land subdivision.
16.08.110 Engineer, Soils.
"Soils Engineer" means a civil engineer registered in the state of California with a specialty and experience in the investigation and analysis of soils.
16.08.115 Improvements.
A. “Improvements” refers to any street work and utilities to be installed, or agreed to be installed, by a subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the map thereof.
B. “Improvements” may also refer to those works that are necessary or convenient to ensure consistency with, or implementation of, the General Plan and/or any applicable specific plan , and may be required to be installed either by a subdivider, by public agencies, by private utilities, by any other entity approved by the City, or by a combination thereof.
16.08.120 Lease.
"Lease" is subject to the provisions of Section 16.08.260.
16.08.130 Map Act.
"Map Act" means the Subdivision Map Act of the state of California, as amended.
16.08.140 Map, Final.
"Final Map" means a map supported by complete engineering data, prepared in accordance with the conditions of approval of a tentative map, and in acceptable form for processing and filing for record, as provided in this Title.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.08.150 Map, Parcel.
"Parcel Map" means a map of a type of subdivision described in this Title, containing complete engineering data, and prepared in accordance with the conditions of approval o f a tentative map and in acceptable form for processing and filing for record, as provided in this Title.
16.08.170 Map, Record of Survey.
"Record of Survey Map" means a map prepared in accordance with provisions of the Land Surveyors Act to delineate land boundaries, property lines or other lines or points of survey.
16.08.180 Map, Reversion to Acreage.
"Reversion to Acreage Map" means a map prepared in accordance with provisions of state law for purposes of reverting previously divided parcels to acreage, and as otherwise provided in this Title.
16.08.190 Map, Tentative.
"Tentative Map" means a map prepared from existing records and field data in sufficient detail to meet the requirements for filing as prescribed in this Title, and to constitute an adequate basis for the preparation of a final or parcel map. When the term “tentative parcel map” is used in this Title, it refers to the tentative map required for a division of land falling within Sections 16.12.040 of this Title and for divisions of land into four or fewer parcels.
16.08.195 Off-Site Improvements.
“Off-site improvements” means improvements as defined in Section 16.08.115 that are required for the orderly development of the surrounding area and that affect rights-of-way outside the boundary of the map.
16.08.200 Owner.
"Owner" means any individual, firm, association, syndicate, copartnership, trust, or any other legal entity having a proprietary interest in the land sought to be subdivided, divided or otherwise utilized, who commences and maintains proceedings to utilize the same under the provisions of this Title.
16.08.210 Plan, General.
"General Plan" means any element thereof as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the state of California, which has been adopted by the city council.
16.08.220 Plan, Specific.
"Specific Plan" means any unit thereof, as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the state of California, which has been adopted by the city council.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
16.08.230 Street, City.
"City Street" means a way for vehicular traffic, however designated, which has been dedicated for public use and accepted by the city, or has been laid out and constructed as a city street, or has been made a public street or road pursuant to law. It includes public streets constructed by federal, state and county agencies, but not private streets or private alleys.
16.08.240 Street, Private.
"Private Street" means a way for vehicular traffic, however designated, which is not intended or proposed to be accepted by the city, and for which any offer of dedication or other offer for acceptance by the city must be rejected until such time as specified conditions for acceptance have been fully complied with.
16.08.250 Subdivider.
"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others; except that employees and consultants of such persons or entities acting in such capacity are not subdividers.
16.08.260 Subdivision.
A. "Subdivision" means the division of any improved or unimproved land, shown on the last equalized county assessment roll as a unit, or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property must be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights -of-way. "Subdivision" includes a condominium project, as defined in Section 4125 or 6542 of the Civil Code, or a community apartment project, as defined in 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code. Any conveyance of land to a governmental agency, public entit y, public utility, or subsidiary of a public utility for conveyance to that public utility for right of way purposes will not be considered a division of land for purposes of computing the number of parcels. For purposes of this Title, any conveyance to or from a governmental agency includes fee interest, leasehold interest, an easement, or a license.
B. "Subdivision" does not include land dedicated for cemetery purposes under the Health and Safety Code; or the financing or leasing of apartments, offices, stores or similar space within apartment, industrial or commercial buildings; or mobilehome or trailer parks; or mineral, oil or gas leases; or exclusively agricultural use leases of parcels of ten or more acres; or "short -term" leases, as described in Section 66411 of the Subdivision Map Act.
16.08.270 Subdivision Standards.
"Subdivision standards" means a set of detailed standards adopted by resolution of the city council to set forth the regulations, standards and specifications for land development improvements; the type and nature of investigations, tests and reports; schedules for fees to be charged; and such other matters as the city council finds to be necessary to properly supplement the provisions of this Title in the processing of subdivisions and the improvements thereof. Reference to "this ordinance" includes the subdivision standards.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.08.280 Surveyor.
"Surveyor" means a land surveyor licensed under the Land Surveyors' Act of the state of California, or a civil engineer registered in the state of California and retained by the subdivider, owner, develo per, or contractor to provide land-surveying services.
16.08.290 Reserved.
16.08.300 Vesting Tentative Map.
“Vesting tentative map” means the vesting tentative map as required by Chapter 16.18 of this Title.
Chapter 16.12 PROCEDURES AND REQUIREMENTS—GENERAL
16.12.010 Compliance Required.
Any action to divide any land within the city into two or more parcels is hereafter subject to the provisions of this Title, and any such action must be undertaken in accordance with the general procedures provided in this chapter.
16.12.030 Tentative and Final Maps Required; Exceptions.
A tentative and final map is required for all subdivisions creating five or more parcels or lots, five or more condominiums as defined in Section 783 of the California Civil Code, a community apartme nt project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:
A. The land before division contains less than five acres; each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City; or
B. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway, that has been improved to City standards; or C. The land consists of a parcel or parcels of land having approved access to a public street or highway, improved to City standards, that comprises part of a tract of land zoned for industrial or commercial development, and that has the approval of the city engineer as to street alignments and widths; or
D. Each parcel created by the division has a gross area of 40 acres or more or is not less than a quarter of a quarter section; or
E. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.
16.12.040 Parcel Maps Required.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
A Parcel map are required for divisions of land into four or fewer parcels, which may be referred to as a minor land division.
16.12.050 Waiver of Parcel Map Requirement.
A. A parcel map may be waived in accordance with the procedures set forth in this Chapter and in accordance with Section 66428(b) of the Subdivision Map Act.
B. An application for waiver of the requirement of a parcel map must be filed with the Development Services Director upon such forms and accompanied by a plot plan and su ch information as may be prescribed or requested by the Director.
C. The committee may waive the requirement for a parcel map provided the committee finds that the proposed land division complies with the following requirements of this Title:
1. Required area;
2. Required improvements;
3. Flood water drainage control;
4. Appropriate improved public roads;
5. Sanitary disposal facilities;
6. Water supply availability;
7. Adequate existing survey control; and
8. Any other provisions of this Title and other applicable ordinances, resolutions, and standards of the City.
D. No requirement of a parcel map will be waived if the waiver would result in a lot that will be used for residential purposes with a net area or dimensions that do not meet the standards required the Zoning Code, unless a request for a variance has been approved in accordance with the provisions of the Zoning Code.
E. An application for waiver of the requirement of a parcel map must be acted upon by the committee within 50 days after it is accepted for filing by the Development Services Director, unless such time is extended by agreement with the applicant. The committee, or the planning commission on appeal, as provided in Section 16.28.050 of this Title, must by written decision deposited in the U.S. mail, approve or conditionally approve the application for waiver if a finding is made that the proposed division of land complies with, or upon satisfaction of one or more specific conditions, must comply with such requirements as may have been established by Section 66428(b) of the Subdivision Map Act, this Title, and other City ordinances, resolutions, or standards applicable to the proposed division of land.
F. The approval of a parcel map waiver automatically constitutes approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for waiver of the requirement of a parcel map, the city engineer must, provided each condition has been satisfied, issue a certificate of compliance or conditional certificate of compliance and must cause said certificate of compliance or conditional certificate of compliance to be filed for record with t he County Recorder. A record
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
of survey must also be recorded if required by Section 8762 of the Business and Professions Code.
G. Upon approval of the parcel map waiver, the applicant, or the applicant’s Title company or agent, must submit a grant deed or deeds for the land proposed to be conveyed for the waiver, in recordable form, and the city engineer must determine that the grant deed or deeds are in substantial compliance with the approved waiver.
H. The grant deed or deeds, and beneficiary consent, if applicable, must be recorded concurrently and will constitute constructive notice of the parcel map waiver. The certificate of compliance, grant deed, and beneficiary consent, if applicable, must be recorded within two years of the date of approval by the city engineer. If not recorded within said period, the application will be deemed withdrawn by the applicant.
I. The subdivider or Engineer may request an extension of the expiration date of the approved parcel map waiver by written application to the city engineer. The application must be filed prior to the expiration date and must state the reason for requesting the extension of time and the amount of additional time requested. The city engineer may require that the subdivider or Engineer provide an updated Title report for the property prior to completing the review of the extension request. The city engineer must approve or deny the request for extension.
16.12.060 Conversion of Mobilehome Park.
When at least two-thirds of the owners of mobilehomes, who are tenants in a mobilehome park, sign a petition indicating their intent to purchase the mobilehome park for purposes of converting it to resident ownership, and a field survey is performed, the requirement for a parcel map or a tentative and final map must be waived unless any of the following exist:
A. There are design or improvement requirements necessitated by significant health or safety concerns.
B. The city engineer determines that there is an exterior boundary discrepancy that requires recordation of a new parcel map or tentative and final map.
C. The existing lots which exist prior to the proposed conversion were not created by a recorded parcel map or final map.
D. The conversion would result in the creation of additional parcels.
Provided subsections A through D, above, are not applicable, sections 66428.1(b) and (d )-(h) of the Subdivision Map Act will apply.
16.12.070 Lot Line Adjustments.
A. A lot line adjustment occurs between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater numbe r of parcels than originally existed is not thereby created.
B. An application for a lot line adjustment must be filed with the Development Services Director upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the Director or authorized representative.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
C. An application for a lot line adjustment may be approved by the committee. The committee must limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the City’s General Plan, and applicable specific plan and any zoning and building ordinances.
D. No lot line adjustment may be approved if it would result in a lot that will be used for residential purposes with a net area or dimensions that do not meet the standards required in the Zoning Ordinance unless a request for a variance has been approved in accordance with the provisions of the Zoning Code.
E. Conditions or exactions must not be imposed on the lot line adjustment except to conform to the City’s General Plan, applicable specific plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements.
F. The lot line adjustment must be reflected in a deed, which must be recorded by the County Recorder. No record of survey is required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.
G. Approval of a lot line adjustment automatically constitutes approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for a lot line adjustment, the city engineer must, provided each condition has been satisfied and such lot line adjustment is reflected in a deed to be concurrently recorded with the County Recorder, issue a certificate of compliance or conditional certificate of compliance to be filed for record with the County Recorder. A record of survey must also be recorded if required by Section 8762 of the Business and Professions Code.
H. The certificate of compliance and grant deed must be recorded within two years of the date of approval by the city engineer. If not recorded within said period, the application will be deemed withdrawn by the applicant.
I. The subdivider or Engineer may request an extension of the expiration date of the approved lot line adjustment by written application to the city engineer. The application must be filed prior to the expiration date and must state the reason for requesting the extension of time and the amount of additional time requested. The city engineer may require that the subdivider or Engineer provide an updated Title report for the property prior to completing the review of the extension request. The city engineer must approve or deny the request for extension.
16.12.080 Certificates of Compliance.
A. An application for a certificate of compliance or a conditional certificate of compliance, as defined in Section 16.12.080 of this Title, must be filed with the City Engineer upon such forms and accompanied by a plot plan and such supporting documentation as may be prescribed or requested by the City Engineer; unless said application meets the requirements of 16.12.070. A & B above, in which case issuance of the certificate of compliance or conditional certificate of compliance must be automatically given.
B. An application for a certificate of compliance or a conditional certificate of com pliance may be approved by the committee and upon such form as provided by the city engineer.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
C. The certificate of compliance, or conditional certificate of compliance, must be recorded within two years of the date of approval by the city engineer. If not recorded within said period, the application will be deemed withdrawn by the applicant.
16.12.090 Map approval—Compliance with plans required.
No tentative map, final map or parcel map will be approved unless the planning commission and city council find that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan or any specific plan adopted pursuant to the requirements of Articles 5 and 8 of Chapter 3, Division 1, Title 7 of the Government Code.
16.12.100 Map approval—Tentative or Final—Denial.
Approval of a tentative or final map must be denied if any of the following findings are made:
A. The proposed map, or the design or improvement of the proposed subdi vision, is not consistent with applicable general and specific plans;
B. The site is not physically suitable for the type of development, or for the density of development proposed;
C. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage, or substantially and avoidably injure fish or wildlife or their habitat, or they do not provide reasonable public access to public resources as per Article 3.5 of Chapter 4 of the Subdivision Map Act;
D. The design of the subdivision or the type of improvements is likely to cause serious public health problems;
E. The design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision. The city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection applies only to easements of record or to easements established by judgement of a court of competent jurisdiction. The city does not have authority to determine that the public at large has acquired easements for access through or use of property wi thin a proposed subdivision;
F. The discharge of waste from the proposed subdivision into the city sewer system would result in violation, or add to a violation, of existing requirements prescribed by a California Regional Water Quality Control Board.
16.12.110 Map approval—Final—Prerequisites.
No final map will be approved for any land project, as described in Section 11000.5 of the Business and Professions Code, unless the planning commission first finds that the proposed land project and provisions for its design and improvement are consistent with an adopted specific plan covering the area.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
16.12.120 Map approval—Final—Previous Approval of Tentative Map.
The planning commission and city council must not deny approval of a final map, pursuant to Section
16.12.070.16.280, if they have previously approved a tentative map for the proposed subdivision and find that the final map is in substantial compliance with the previously approved tentative map.
16.12.130 Exceptions to Filing Requirements.
This Title is inapplicable to those transactions and procedures exempted from the Subdivision Map Act by Article 1 thereof, provided that a lot line adjustment be reflected in a deed, and that a record of survey needs to be performed only if required by Section 8762 of the California Business and Professions Code.
16.12.140 Fees.
Fees for filing, checking and processing of any map or any other papers, maps, diagrams, or documents required under this Title, fees for preparation and filing of any certificate of compliance, and fees for any appeal authorized under this Title must be paid by the subdivider in the amounts prescribed by resolution of the city council.
16.12.150 Limitations on Issuance of Permits.
No permit will be granted for the construction, installation or replacement o f any building for sale, lease or finance on any lot or parcel, except for model homes, or to allow occupancy thereof, for which a final map or parcel map is required by this Title, until such map thereof, in full compliance with the provisions of this Tit le has been filed for record by the County Recorder. Any permit issued contrary to the provisions of this section must be deemed null and void.
16.12.160 Voidability of Certain Transactions.
Any deed of conveyance, sale or contract to sell real property that has been divided, or that has resulted from a division, in violation of the provisions of this Title, is voidable to the extent and in the same manner provided in Section 66499.32 of the Subdivision Map Act.
16.12.170 Remedies not Barred.
This Title does not bar any legal, equitable or summary remedy to which the City or any aggrieved public agency or person may otherwise be entitled and the City or any aggrieved public agency or person may file a suit in the superior court to restrain or enjoin any attempted or proposed division of land or other act that is in violation of this Title.
Chapter 16.16 PROCEDURES AND REQUIREMENTS—SPECIFIC
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.16.010 Compliance Required.
The procedures found in the following sections must be followed for all subdivisions.
16.16.060 Tentative Map—Form.
Tentative maps must be eighteen by twenty-six inches in size, with a one-inch clear border, and to a scale of not less than one inch equals one hundred feet, unless otherwise approved by the committee. Tentative maps are required to be prepared by a registered civil Engineer or licensed land surveyor, pursuant to the Business and Professions Code.
16.16.070 Tentative Map—Contents.
The following information must be shown on each tentative map, except for any such information that the committee determines is not necessary for any particular tentative map:
A. A site location sketch indicating the location of the property to be divided in relation to the surrounding area;
B. A tract number issued by the county surveyor, date, north arrow, scale, assessor’s parcel number, and sufficient description to define the location and boundaries of the proposed tract; C. Name and address of record owner or owners of the property to be divided and any mineral rights owner(s) and lessee(s) of record appearing on the title report; D. Name and address of the subdivider;
E. Name, business address and registration number of the civil engineer or land surveyor who prepared the map;
F. The locations, names or other approved identification, widths, approximate grade and curve radii of all streets, highways and ways within the property and immediate vicinity; G. Contour lines having an interval of two feet, supplemented by spot elevations when the distance between contour lines exceeds one hundred feet. Elevations must be based upon city datum; H. The location, character and identification of all existing public utility facilities on the property or on adjoining properties and on contiguous streets, and the locations and widths of all existing and proposed easements;
I. Arrangement and configuration of lots, with approximate dimensions of each lot. Each lot must be numbered, and proposed setbacks must be shown;
J. A preliminary grading and drainage plan, designed to control erosion and prevent sedimentation or damage to off-site property;
K. The outline of any existing buildings, identification of those to remain in place, and their locations relative to existing or proposed streets or lot boundaries; L. Approximate location and species of trees or groups of trees on the property, and general identification of those to be removed;
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
M. Approximate location of existing and proposed drainage-control features and bodies of water, all areas that are subject to inundation of stormwater overflow, and the location, width and direction of flow of all watercourses;
N. Approximate locations of existing wells and sewage disposal systems, and of test wells, percolation test holes and staked or flagged reference points for use by appropriate public agencies for field-check purposes;
O. The location, identification and description of known or found survey monuments on or adjacent to the property;
P. The names of owners of adjacent properties.
Q. The location of all obstructions within existing or proposed rights-of-way; R. Descriptive information concerning the proposed method of water suppl y, sewage disposal, and other utility supply, and any proposed street, surface drainage, grading, fire protection, or other improvements;
S. Existing and proposed zone district(s), including acreage of each, and existing and proposed General Plan land use and circulation designations;
T. Identification of the school district(s) serving any residential subdivision ; U. Demonstration of all dedications and irrevocable offers of dedication on the tentative map or by separate instrument;
V. Notation, location, proposed width, and proposed surfacing of private streets, if proposed ; and W. Proposed street landscaping.
X. Other materials, information and reports/analysis for proper evaluation of the subdivision such as, the inclusion of proposed footprint on a separate plan sheet showing location of building, outline of setbacks, location of parking, and lot access. Hillside development projects must also show compliance with grading, retaining wall requirements and show location of building footprint subject to the Hillside Standards in Title 18 (Zoning Code)..
16.16.080 Tentative Map—Statements Required.
The following statements must either appear on the tentative map or must be submitted in written form with the map, except for any of such items that the committee determines are not necessary to be filed with any particular tentative map:
A. A statement from all parties having any record title interest in the real property proposed to be subdivided, consenting to the proposed subdivision, together with positive verification of such interest. These statements will be required without exception; B. The existing use or uses of the property;
C. The proposed use of the property. If the property is proposed to be used for more than one purpose, the areas or lots proposed for each type of use must be described in a statement and shown on the tentative map;
D. Descriptive information on the following:
1. Proposed drainage-channel changes and flood-control measures,
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
2. Proposed domestic water supply and sewage disposal systems,
3. Proposed street and surface drainage, grading, fire protection and other improvements, with descriptive drawings where appropriate,
4. Proposed utility service for electrical, gas and communication systems, including the name and address of each service utility company or agency.
16.16.090 Tentative Map—Documents Required.
The following documents must be submitted with each tentative map, except for any that the committee determines are not necessary to be filed with any particular tentative map:
A. A preliminary title report for the real property proposed for subdivision; B. A copy of any condition or any restrictive reservations or covenants, existing or proposed; C. A letter setting forth and describing the reasons for any requested exceptions to provisions of this Title, and an application for any requested rezoning, use permit or variance that may be necessary to permit proposed uses of land and structures.
16.16.100 Preliminary Soils Report—Requirements.
A. A preliminary soils report, prepared by a registered civil engineer and based upon adequate test borings, must be submitted for each proposed subdivision, subject to the following provisions:
1. The committee may waive the requirement for a preliminary soils report if it determines that sufficient knowledge of the soils in the proposed subdivision exists.
2. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the planning commission.
Such soils investigation must be done by a registered civil engineer, who must recommend the corrective action that is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
B. The planning commission may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
16.16.105 Environmental Analysis Required for Map Approval.
A. No tentative maps will be acted upon by the advisory agency unless the provisions of the California Environmental Quality Act and the Guidelines Implementing the California Environmental Quality Act (“Guidelines”) have been adhered to.
B. The subdivider must provide such data and information as may be required by CEQA or the Guidelines, that may in particular require an Initial Study. Based upon the conclusion drawn from the Initial Study, the subdivider may be required to provide for, under the direction of the City, a draft EIR in accordance with the provision of the Guidelines and deposit such fees with the City
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
as may be required for the preparation and processing of any such required environmental document.
16.16.110 Tentative Map—Submittal—Copies.
Ten prints of the tentative map of a proposed subdivision and of the owners and subdivider's statements must be submitted to the Development Services Director, together with other required documents and filing fee.
16.16.120 Tentative Map—Copy Transmittal.
Upon the submittal of a tentative map and accompanying documents, the Development Services Director must, within five days, transmit copies of the map and pertinent documents to the following: fire department, superintendent of schools, State Real Estate Commission, State Department of Transportation, State Office of Intergovernmental Management, utility companies, and such other officials or agencies as the Development Services Director may determine have an interest therein.
16.16.130 Tentative Map—Review.
Fifteen days will be allowed for the various agencies, departments and officials to review the tentative map and related documents and report, in writing, through the committee to the planning commission, stating whether or not the map and documents are in conformity with the requirements of this Title and other applicable provisions of law and/or with the standards and requirements of such agency, or what measures will be necessary to accomplish such conformity.
16.16.140 Tentative Map—Committee meeting date setting.
Upon receipt of such reports, the Development Services Director must, within five days, call a meeting of the committee to discuss the proposed subdivision with the subdivider and to indicate any actions necessary to make the map acceptable for filing, or to accept the map as being officially filed.
16.16.150 Tentative Map—Official Filing—When.
A tentative map must be considered officially filed, and must be so endorsed and dated by the Development Services Director, at such time as the map and all related notations, statements and reports required by this Title have been submitted to, processed, and found to be in complete and proper form by the committee, all required fees have been paid, and the environmental impact review required by the California Environmental Quality Act and the city guidelines has been completed. The 50 day limitation for action after filing of a tentative map commences on the date the tentative map is considered officially filed as provided herein.
16.16.160 Tentative Map—Committee Report to Planning Commission.
Within fifteen days from the date of official filing of a tentative map, the committee must prepare and submit a report thereon, including reports from interested agencies, to the planning commission. A copy of the report must be made available to the subdivider not less than three days prior to planning commission action on the tentative map.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.16.170 Tentative Map—Commission—Consideration.
A. The planning commission must consider each tentative map and accompanying statements and documents, and the committee report and related department and agency reports, to determine whether the map is in conformity with the provisions of law and this Title, with adopted General Plan and specific plan standards and proposals, and with good planning and engineeri ng practice.
B. The planning commission must consider also such measures as will promote and protect the public health, safety, comfort, convenience and general welfare, and the environmental values and other assets and conditions making for excellence of residential, commercial, industrial, recreational and other developments.
C. The planning commission may require that sites be dedicated or reserved, or fees be paid in lieu of such dedication or reservation, for parks, recreation areas, schools, librari es, fire stations, access to public resources or facilities, or other public uses, as permitted or required by the Subdivision Map Act. Standards for the foregoing must be as provided in this Title, as adopted and included in the subdivision standards, or by amendment of this Title.
D. The planning commission may require a waiver of rights of direct access to any existing or proposed street or highway.
16.16.180 Tentative Map—Commission—Approval, Disapproval.
Within fifty days of the date on which a tentative map is officially filed and dated in the office of the Development Services Department, and unless said time limit has been extended by mutual consent of the subdivider and the planning commission, the planning commission must, upon the basis of considerations and findings as set forth in this chapter, and with particular attention to the findings required by Sections 16.12.070.100 and 16.12.080, either approve, conditionally approve, or disapprove such tentative map. Such action must, within five days, be reported, in writing, to the subdivider.
16.16.190 Tentative Map—Council action—Appeal.
Within fifteen days of receipt of notice of such planning commission action, the city council may confirm or modify the action, and the subdivider may appeal any such action as per Section 16.28.050.
16.16.200 Tentative Map—Final Action.
Action on the tentative map by the planning commission will be final unless modified by the city council, as appeal board or otherwise.
16.16.210 Tentative Map—Approval—Fulfillment of Conditions.
Following approval of a tentative map, the subdivider must proceed to fulfill all conditions to such approval, and must cause to be prepared and submitted to the city engineer the plans, specifications and other information related to subdivision improvements in accordance with the subdivision standards.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.16.220 Commencement of work—Approval—Agreement with Tentative Map.
No work on any permanent structure, or on any subdivision improvements on any subdivision site can be commenced without the approval and authorization of the city engineer, and following approval and recordation of a final map, and no work on the site that is in conflict with the approved tentative map will be permitted.
16.16.230 Final map—Preparation.
Within 24 months after the approval or conditional approval of the tentative map or maps, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative map, as approved, this Title, and the Subdivision Map Act.
16.16.240 Extension—Limitation—Denial—Appeal.
Upon application of the subdivider prior to the expiration of the 24 month period, an extension not to exceed an additional 12 months may be granted by the planning commission. The subdivider shall apply in writing for this extension at least 30 days prior to the expiration date of the tentative map. Such written application must be directed to the Development Services Director, be accompanied by the fee as set forth by resolution of the city council, and must state the reasons for requesting the extension. Once the applicant has submitted a written request to extend expiration of the tentative map, and unless the planning commission takes affirmative action to deny the application within 15 days, the tentative map is automatically extended an additional 60 days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first . In the event the planning commission denies a subdivider's application for extension of time, the subdivider may appeal to the city council as provided in Section 16.28.050.
16.16.250 Final Map—Failure to Submit to Terminate Proceedings.
A. Any failure to submit, process and record a final map within 24 months from the date of approval or conditional approval of the tentative map, or any extension thereof granted by the planning commission, will terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map will be required to be submitted, processed and approved.
B. Modification of a tentative map after approval or conditional approval will not extend the time limits imposed by this Title.
C. If the subdivider whose tentative map has been approved by the advisory agency for multiple, or phased, final maps is required to expend $236,790, as annually adjusted according to Section 66452.6(a)(2) of the Subdivision Map Act, or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, then each filing of a final map authorized by Section 66456.1 of the Subdivision Map Act will extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration as provided in this Title, or the date of the previous final map, whichever is later. The extensions will not extend the tentative map more than ten years from its approval or conditional approval. “Public improvements,” as used in this subsection, include traffic controls, streets, roads, highways, freeways, bridges, over-crossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
Where the provisions of this subsection so apply, upon the recordation of a final map for any
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
phase, the city engineer must conform the conditions applicable to all remaining phases to the requirements of the City in effect as of such date.
D. A tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of that agreement.
E. After approval of the tentative map, if changes deemed substantial by the city engineer are proposed, a filing of a revised tentative map will be required. The previously assigned tract number will be used with the word “Revised” added to the number. The procedure for filing a revised tentative map is the same as for the tentative map. A revised tentative map cannot be filed if the approval on the original map has expired. An approved revised tentative map supersedes the tentative map for which it was filed.
F. Tentative maps subject to a development moratorium imposed after approval of the tentative map, or subject to a lawsuit involving the approval or conditional approval of the tentative map pending in a court of competent jurisdiction, are subject to the provisions of Sections 66452.6(3)(b)(1) through 66452.6(b)(3) or Section 66452.6(c) of the Subdivision Map Act, respectively.
16.16.260 Final Map—Submittal.
A subdivider must submit to the Public Works Director or City Engineer, in complete and accurate form, the following:
A. An 18”x26” executed final mylar and executed certifications of the final map; , together with the original tracing and a reproducible copy;
B. Subdivision improvement plans, and plan, map and field-checking fees, as provided in the subdivision standards;
C. Traverse sheets showing closures and computation of all distances, angles and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions, street centerlines and highway stations. The traverse of the exterior boundaries of the tract and of lots and blocks must close within a limit of error of one in five three thousand; D. Design calculations as required by the subdivision standards; E. A certificate from the county assessor regarding liens for unpaid taxes, a tax bond if required, and a guarantee of title issued by a title company for the benefit and protection of the city; F. An instrument restricting vehicular traffic over the side lines of any road or highway, when and if the same is required;
G. A geologic and soil report or a soil investigation report by a soils engineer in the form prescribed by the city engineer, unless this requirement is waived, in writing, by the city engineer ; H. Improvement bonds, subdivision agreements and such other documents as are required by this Title and the subdivision standards.
I. A copy of the approved Conditions, Covenants, and Restrictions (“CC&Rs”), as applicable, that are to be recorded with the final map.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.16.270 Final Map—Form and Content.
The final map must be prepared by or under the direction of a registered civil engineer or licensed land s urveyor, must be based upon a survey, and must conform to all of the following provisions:
A. It must be legibly drawn, printed or reproduced by a process guaranteeing a permanent record, in black, on tracing cloth mylar or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface must be coated with a suitable substance to assure permanent legibility.
B. The size of each sheet must be eighteen by twenty-six inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map must be large enough to show all details clearly and enough sheets must be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
C. The tract designation, all drawings, certificates, acknowledgments, endorsements, offers, and acceptances of dedication, and notarial seals must be within the marginal lines. The first sheet of the map must contain all certificates, acknowledgments, endorsements, offers, and acceptances of dedication and notarial certificates, as required by the Subdivision Map Act and this Title, and no signed certificates must appear on any other sheet. If a subdivider is required to make a dedication of land in fee for public purposes (other than for open space, schools, or parks), the City must record a certificate with the County Recorder identifying the name and address of the subdivider and the legal description of the land being dedicated. The certificate must state that the land must be reconveyed to the subdivider if the same public purpose for which it was dedicated no longer exists, or the land or a portion thereof is not needed for public utilities. The subdivider may request that the City make such a determination and reconvey the land to the subdivider as provided above. The City may assess a fee for making this determination, but said fee may not exceed the cost of making the determination. The City must give the subdivider whose name appears on the certificate 60 days’ notice prior to vacating, leasing, selling, or otherwise disposing of the dedicated property, unless the dedicated property will be used for the same public purpose for which it was dedicated.
D. The title sheet of the final map must contain the tract number and designation, and such other descriptive matter as may be necessary. Below the tract designation must appear a subtitle consisting of a general description of all the property being subdivided, by reference to recorded deeds or to maps that have been previously recorded or by reference to the plat of a United States Survey. Reference to tracts and subdivisions in the description must be worded identically with original records, and references to book and page-of-record must be complete. The basis of bearing for the survey must be clearly noted.
E. The final map must particularly define and designate all lots or parcels, including those reserved for private purposes, all parcels offered for dedication for any purpose, with all di mensions, boundaries, and courses clearly shown and defined in every case. No ditto marks can be used.
Parcels offered for dedication but not accepted must be designated by letter.
F. The map must show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract, and the names of owners of adjoining properties.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
G. The map must show all information, data and monuments necessary to locate and retrace any and all exterior boundary lines, and lot and block lines. It must also show bearings and distances of straight lines and radii, central angle and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves, bearings and tangent distances, and radii, central angle and arc lengths of all lots. Where streets intersect on curves, centerline lengths, radii deltas, and centerline intersection points must be shown.
H. The map must show chord length at the setback line on lots located on a curve or having side lines at angles other than ninety degrees.
I. Wherever the city engineer has established the center of a street or alley, the data must be shown on the final map, indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the fact must be stated.
J. The map must show the line of extreme high water in case the subdivision is adjacent to a stream or channel, or subject to periodic inundation by water.
K. Each parcel must be numbered and each block may be numbered or lettered. Each street must be named.
L. The exterior boundary of the land included within the subdivision must be indicated by distinctive symbols and clearly so designated. The map must show the definite location of the subdivision, and particularly its relation to surrounding surveys.
M. When a soils report has been prepared, this fact must be noted on the final map, together with the date of the report and the name of the engineer making the report.
N. The total width of all street rights-of-way must be shown, as well as the widths of rights-of-way for flood-control or drainage channels, and any other rights-of-way.
O. The map must show all easements of record and easements to be recorded. If any easement , is not definitely located of record, a statement of such easement must appear on the title sheet.
Easements for storm drains, sewers, public utilities and other purposes must be clearly defined.
Distances and bearings on the side lines of lots that are cut by an easement must be so shown that the map will indicate clearly the actual length of the lot lines. The width of the easement, the length and bearings of the lines thereof, and sufficient ties to definitely locate the easement with respect to the subdivision must be shown.
P. In order to avoid duplication, names to be used for new streets will be subject to the approval of the planning commission in accordance with the City’s Official Street Naming Policy. If any designations are numbers, they must be spelled out completely, using hyphens, in such forms as "Twenty-third Street." The words "Avenue," "Boulevard," "Place," etc., must be spelled out in full. Names of newly dedicated portions of streets must be shown in or arrowed to the dedicated portion.
16.16.280 Final Map—Processing—Approval.
A. When the city engineer finds that all requirements for submittal of a final subdivision map have been complied with, he must date and sign his file copy to that effect, and notify the subdivider and/or his engineer and the committee that the map has been filed. Within five days of the date of filing, the committee may meet to review the map and submit comments thereon to the city engineer.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
B. Within twenty days of the date of filing, and when the map is complete and in order, the city engineer must sign the certificate on the original tracing mylar thereof and submit the map and all related bond and agreement forms and other documents, to the City Council. If the Public Works Director or City Engineer finds that the final map is in substantial conformity with the previously approved tentative map, it must approve the map and transmit it to the city council.
C. Within ten days of final map filing, or at its next regular meeting after the meeting at whic h it received the map, the city council must act to approve or disapprove the map and related documents, as per Section 66458 of the Subdivision Map Act. Following city council approval, the city clerk must submit the map to the clerk of the board of supervisors for transmittal to the county recorder in accordance with the provisions of Section 66464 of the Subdivision Map Act .
D. Before recording any final map, the subdivider must obtain a subdivision guarantee, providing assurance to the City that the parties consenting to the filing of the final map are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this Chapter, as shown by the records in the office of the County Recorder .
16.16.285 Final Map—Improvements completed or agreement for improvements completed.
A. If, at the time of approval of the final map by the city council, any public improvements required by the City pursuant to the provisions of this Title have not been completed and accepted in accordance with standards established in the Title applicable at the ti me of the approval or conditional approval of the tentative map, the city council, as a condition precedent to the approval of the final map, must require the subdivider to enter into an improvement agreement upon mutually agreeable terms to thereafter complete such improvements at the subdivider’s expense.
B. The City must require that performance of such agreement be guaranteed by one of the securities as specified in Section 16.24.080 of this Title.
16.16.290 Parcel Map—Submittal.
A. Parcel Map submittal is with the Development Services Department along with paying application fees for zoning review and interdepartmental review by the Application Review Committee (ARC). All additional materials required for an application may be provided in a contents handout by the Development Services Department for Parcel Map submittal for an administrative approval, subject to appeal process in Section 16.28.050.
B. Within twenty-four months after the approval or conditional approval of the tentative map of a subdivision for which a final map is not required by this Title or the Subdivision Map Act, the subdivider may cause the subdivision to be surveyed and parcel map to be prepared in accordance with the tentative map, as approved, this Title, and the Subdivision Map Act.
C. A Final Parcel Map is reviewed and approved by the Public Works Director or City Engineer.
D. Upon application of the subdivider prior to the expiration of the twenty -four month period, an extension not to exceed an additional twelve months may be granted by the planning commission. In the event the planning commission denies a subdivider's application for extension, the subdivider may appeal to the city council as provided in Section 16.28.050.
E. Any failure to submit, process and record a parcel map within twenty-four months from the date of approval or conditional approval of the tentative map, or any extension thereof granted by the
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
planning commission, will terminate all proceedings. Before a parcel map may thereafter be recorded, a new tentative map will be required to be submitted, processed and approved.
F. Upon timely completion of the Parcel Map, the subdivider must submit to the Public Works Director or City Engineer, in complete and accurate form, the following:
1. One legible print and one digital copy of the parcel map;
2. Traverse sheets showing closures and computation of all distances, angles and courses shown on the parcel map, ties to existing and proposed survey monuments, and adjacent subdivisions, street centerlines and highway stations. The traverse of the exterior boundaries of the tract and of lots and blocks must close within a limit of error of one in five thousand; and
3. All applicable map checking and related fees.
4. Evidence of title in the form of a Parcel Map Guarantee issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a parcel map, a subdivision guarantee must be issued by a California title company.
16.16.300 Parcel Map—Form and Content.
The parcel map must be prepared by or under the direction of a registered civil engineer or licensed land surveyor, must show the location of streets and property lines bounding the property, and must conform to all of the following provisions:
A. It must be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth mylar or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface must be coated with a suitable substance to assure permanent legibility.
B. The size of each sheet must be eighteen by twenty-four six inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map must be large enough to show all details clearly and enough sheets must be used to accomplish this end. The particular number of the sheet and th e total number of sheets comprising the map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.
C. Each parcel must be numbered or otherwise designated.
D. The exterior boundary of the land included within the subdivision must be indicated by distinctive symbols and clearly so designated. The exterior boundary of the land included in the subdivision must not include a designated remainder that is designated under Section 66424.6 of the Subdivision Map Act. The designated remainder must be labeled as a designated remainder parcel.
E. The map must show the location of each parcel and its relation to the surrounding surveys. The location of any remainder of the original parcel must be shown, but need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
F. The map must include a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map.
G. The map must include certificates for signature by the engineer or surveyor, city engineer and county recorder, as required by the Subdivision Map Act and this Title, including:
1. An Engineer’s (Surveyor’s) Statement as follows:
This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and Title 16 of the Colton Municipal Code at the request of (name of person authorizing map) on the ____ day of ____, 20___. I hereby state that this parcel map substantially conforms to the approved tentative map and the conditions of approval thereof.
(Signed)
R.C.E. (or L.S.) No.
Expires
Date
If a field survey was performed, the certificate must also state that all monuments are of the character and occupy the positions indicated on the parcel map, or that they will be set in such positions on or before a specified date prior to issuance of a building permit, and that the monuments are, or will be, sufficient to enable the survey to be retraced.
2. Subject to the provisions of Section 66436 of the Subdivision Map Act, unless otherwise determined by the city engineer, a separate certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required; provided, however, that for good and sufficient cause shown by the subdivider, the city engineer may waive any or all such signatures and/or names and nature of the respective interests otherwise required by Section 66436 of the Subdivision Map Act at any time after the tentative map is submitted for approval. Such waiver must be certified by the city engineer. The provisions of Section 5.060.B. of this Title apply to the waiver of signatures of parties owning a record interest in, or right to, minerals, including, but not limited to, oil, gas or other hydrocarbon substances, except where the initial gross area of the parce l map is less than five acres in a residential zone or less than two acres in any zone other than a residential zone.
3. There must appear on the parcel map a Recorder’s statement for execution by the Recorder, as follows:
Filed this day of , 20 , at a.m./p.m. in Book
of , at page , at the request of .
Signed,
County Recorder
4. The parcel map, and evidence of record of title interest, must be submitted to the city engineer for his examination prior to filing. Within 20 calendar days after receiving the parcel map, the city engineer must examine it for the survey information shown thereon and if satisfied that it complies with this Title and all required provisions of the
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
Subdivision Map Act, and that such parcel map is technically correct, the following certificate must be executed on the map by the city engineer:
I, , hereby state that I have examined this map, and the subdivision hereon is substantially the same as it appeared on the tentative map in accordance with any conditions approved by the planning commission, and any approved alterations thereof; and all of the requirements of the Subdivision Map Act and local ordinances applicable at the time of the approved tentative map have been complied with.
(Signed)________________________________ Date:___________________ (Name), city engineer, (License #) (Expiration Date)
5. City Surveyor’s statement, as follows:
I, , hereby state that I have examined this map and that to the best of my knowledge and belief, I am satisfied that said map is technically correct. (Signed)________________________________ Date:___________________ (Name), City Surveyor, (License #) (Expiration Date)
6. Development Services Director statement, as follows:
The City Council of the City of Colton approved or conditionally approved the tentative map on ______________________ and the subdivision as shown on the map is substantially the same as it appeared on the tentative map and in accordance with any conditions approved by the Commission.
(Signed)________________________________ Date:___________________ (Name), Development Services Director, City of Colton
16.16.305 Parcel Map—Dedications.
A. Dedications of or offers to dedicate interests in real property for specific public purposes must be made by a certificate on the parcel map or by separate instrument at the discretion of the city engineer.
B. If a subdivider is required to make a dedication of land in fee for public purposes (other than for open space, schools or parks), the City must record a certificate with the County Recorder identifying the name and address of the subdivider and the legal description of the land being dedicated, and stating that the land must be reconveyed to the subdivider if the same public purpose for which it was dedicated no longer exists or the land or a portion thereof is not needed for public utilities. The subdivider may request that the City make such a determination and reconvey the land to the subdivider as provided above. The City may assess a fee for making the determination, however, that fee may not exceed the cost of making the determination. The City must give the subdivider 60 days’ notice prior to vacating, leasing, selling or otherwise disposing of the dedicated property unless the dedicated property will be used for the same public purpose for which it was dedicated.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.16.310 Parcel Map—Processing.
A. Within 20 days after receiving the parcel map, including all required certificates, dedications, agreements, etc., or within such additional time as may be reasonably necessary, the city engineer must determine whether the map is in proper form and that all conditions of tentative map approval and provisions of law have been complied with, and he must examine it for survey information and other required information shown thereon.
B. When the city engineer is satisfied that the map is technically correct, in compliance with the provisions of this Title and the Subdivision Map Act, and in substantial conformance with the tentative map, the city engineer must advise the subdivider to provide the original tracing and a reproducible copy and must advise the city engineer that the parcel map be certified as correct.
After such action, the city engineer must sign the city engineer certificate and, the city clerk must transmit the parcel map to the county recorder. In connection with reviewing and approving the parcel map, the Colton City Council review is required to accept or reject dedications and offers of dedications that are made by a statement on the parcel map.
16.16.315 Parcel Map—Improvements Completed or Agreement for Improvements Completed.
If, at the time of certification of the parcel map by the city engineer, any public improvements required by the city engineer under this Title have not been completed and accepted in accordance with standards established in this Title applicable at the time of the approval or conditional approval of the tentative map, the city engineer, as a condition precedent to approval of the parcel map, must require the subdivider to enter into an improvement agreement to thereafter complete such improvements at the subdivider’s expense, upon terms mutually agreeable to the subdivider and the city council.
16.16.320 Correction and Amendment of Maps.
After a final map or parcel map has been filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map. Such certificates or maps must be processed in accordance with the requirements of the Subdivision Map Act.
16.16.330 Reversion to Acreage and Exclusions.
Subdivided real property may be reverted to acreage, and property may be excluded from recorded subdivisio ns, in accordance with the requirements and procedures specified in the Subdivision Map Act.
CHAPTER 16.17 MONUMENTATION
16.17.010 Minimum requirements.
At the time of making the Survey for the final map or Parcel map, the Engineer or surveyor Shall set sufficient durable monuments so as to conform with the standards described in Section 8771 of the Business and Professions Code; provided, however, that the requirements of this chapter Shall be considered as minimum.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Created: 2021-03-25 07:55:02 [EST]
(Supp. No. 28)
Exhibit - A
16.17.020 Boundaries.
Subdivision boundaries Shall be monumented by a minimum of one-inch iron pipes, eighteen inches long, and tagged with the registration number of the Engineer or surveyor preparing the map. Such monuments Shall be placed at all corners, angle points, beginning and end of curves on the exterior boundary of the Subdivision.
16.17.030 Street centerlines.
Street centerlines Shall be monumented in the same manner as provided for Subdivision boundaries.
16.17.040 Interior Lot corners.
All Interior Lot corners Shall be monumented by a minimum of two inches by two inches redwood stakes, eighteen inches long one inch iron pipe, and tagged with the registration number of the Engineer or surveyor preparing the map. Such monuments Shall be placed at all Interior Lot corners, angle points, beginning and end of curves.
16.17.050 Interior monuments.
Interior monuments need not be set at the time the map is recorded if the Engineer or surveyor certifies on the map that the monuments will be set on or before a specified date, and if the Subdivider furnishes to the City a cash deposit or bond guaranteeing the payment of the cost of setting the monument.
16.17.060 Permanent monuments in Streets.
All permanent monuments in Streets Shall have at least three ties to points in concrete Curb, or to such other points as determined by the Engineering Division to be suitable substitutes. A Copy of said ties Shall be furnished to the City Engineer.
16.17.070 Approval.
Monumentation Shall not be Approved as complete until such time as construction, done in conjunction with the Subdivision, is sufficiently complete to eliminate the probability of disturbance or destruction of the monumentation by remaining construction. The City Engineer Shall determine the point in construction when Approval May be given.
Chapter 16.18 VESTING TENTATIVE MAPS
ARTICLE I. GENERAL PROVISIONS
16.18.010 Citation and Authority.
This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code (hereinafter referred to as "Vesting Te ntative Map Statute"), and may be cited as the vesting tentative map ordinance.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.18.020 Purpose and Intent.
It is the purpose of this chapter to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Colton Subdivision Ordinance (this Title). Except as otherwise set forth in the provisions of this chapter, the provisions of this Title apply to this chapter. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development.
16.18.030 Consistency.
No land can be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the General Plan and any applicable specific plan or not permitted by the zoning code or other applicable provisions of this code.
16.18.040 Definitions.
A. A "vesting tentative map" means a tentative map for a residential, commercial, and industrial subdivisions, as defined by Section 16.08.190 of this code, that has printed conspicuously on its face the words "vesting tentative map" at the time it is filed in accordance with Section
16.18.060, and is thereafter processed in accordance with the provisions of this chapter and the Vesting Tentative Map Statute.
B. All other definitions set forth in this Title are applicable.
16.18.050 Application.
A. This chapter applies to residential, commercial, and industrial subdivisions. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Title requires the filing of a tentative map or tentative parcel map for a residential, commercial and industrial subdivisions, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.
B. If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map must not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
ARTICLE II. PROCEDURES
16.18.060 Filing and Processing.
A vesting tentative map must be filed in the same format and have the same contents, accompanying data and reports and must be processed in the same manner as set forth in this Title for a tentative map, except that at the time a vesting tentative map is filed it must have printed conspicuously on its face the words "vesting tentative map."
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.18.070 Fees.
Upon filing a vesting tentative map, the subdivider must pay the fees required by this Title for the filing and processing of a tentative map.
16.18.080 Expiration.
The approval or conditional approval of a vesting tentative map must expire at the end of the same time period, and must be subject to the same extensions, established by this Title for the expiration of the approval or conditional approval of a tentative map.
ARTICLE III. DEVELOPMENT RIGHTS
16.18.090 Vesting on Approval of Vesting Tentative Map.
A. The approval or conditional approval of a vesting tentative map must confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in California Government Code Section 66474.2. However, if Section 66474.2 of the California Government Code is repealed, the approval or conditional approval of a vesting tentative map must confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
B. Notwithstanding subsection -A above, any fee required to be paid after the tentative map is approved, such as park development fees, school development fees, drainage mitigation fees or all other applicable fees, shall be paid in the amount required at the time the fee is required to be paid.
C. Notwithstanding subsection A of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:
1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;
2. The condition or denial is required, in order to comply with state or federal law.
D. The rights referred to in this section must expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.18.080. If the final map is approved, these rights last for the following periods of time:
1. An initial time period of one year from the date of recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period will begin for each phase when the final map for that phase is recorded.
2. The initial time period set forth in subdivision 1 of this subsection will be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days, from the date a complete application is filed.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision 1 of this subsection expires. The request for extension should be submitted in writing to the city council.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivisions 1 through 3 of this subsection, the rights referred to in this section will continue until the expiration of that permit, or any extension of that permit.
16.18.100 Development Inconsistent with Zoning and General Plan —Conditional Approval.
A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning code and general plan in existence at that time, that inconsistency must be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning code to eliminate the inconsistency. If the change in the zoning code is obtained, the approved or conditionally approved vesting tentative map must, notwithstanding Section
16.18.090A, confer the vested right to proceed with the development in substantial compliance with the change in the zoning code and the map, as approved.
B. The rights conferred by this section are for the time periods set forth in Section 16.18.090.
16.18.110 Applications Inconsistent with Current Policies.
Notwithstanding any provision of this Title, a property owner or his or her designee may seek approvals or permits for development that depart from the ordinances, policies, and standards described in Sections 16.18.090A and
16.18.100, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
16.18.120 Filing
A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as set forth in other provisions of Title 16 for a tentative map, except as hereinafter provided:
A. Subdivider shall obtain all necessary zone changes prior to or concurrent with filing a vesting tentative map.
B. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words:
"Vesting Tentative Map."
C. At the time a v esting tentative map is filed, a subdivider may also be required to prepare/provide the following information:
1. Sewer, water, storm drain, and road details;
2. Geological studies;
3. Flood control information;
4. School impact analysis;
5. Traffic impact analysis;
6. Detailed grading plans;
7. Solar access, passive or natural heating or cooling opportunities analysis;
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
8. Any other material considered essential to the proper evaluation of the project (i.e.; open space maintenance responsibilities, provisions made for trails and/or parks and their maintenance responsibilities).
NOTE: All developments require compliance with the California Environmental Quality Act. Some of the above information may be included in reports prepared for that purpose.
Chapter 16.20 REGULATIONS AND STANDARDS
16.20.010 Conformance Required.
All subdivisions of land that are subject to the provisions of this Title must conform to the following regulations and are subject to the provisions of this chapter.
16.20.020 Construction of Provisions.
The regulations, standards and procedures provided in this chapter must be construed to be the minimum necessary to promote and protect the public health, safety and general welfare, and they may be made more restrictive in cases where the planning commission finds such action is necessary to protect the public interest and to ensure sound planning standards and, on the advice of the city engineer, to ensure sound engineering standards.
16.20.030 Streets and Highways.
A. The street and highway design must conform both in width and alignment to any General Plan or specific plan adopted by the city council, and rights-of-way for any street or highway indicated on such plan must be dedicated.
B. The street and highway design must conform to any proceedings affecting the subdivision that may have been initiated by the city council or approved by said council upon initiation by other legally constituted bodies of the city, county or state. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a highway, freeway or parkway, the subdivider may be required to either dedicate or withhold from subdivision all the area included in said right-of-way.
C. All streets must, so far as practicable, be in alignment with existing adjacent streets by continuations of the centerlines thereof or by adjustments by curves.
D. Street centerlines must be required to intersect one another at an angle as near to a right angle as is practicable, or by tangents not less than one hundred feet in length.
E. Where necessary to give access to, or permit a satisfactory future subdivision of adjoining land, streets must extend to the boundary of the property being divided, and the resulting de ad-end or cul-de-sac streets may be approved without a turn-around. In all other cases a turn-around having a minimum right-of-way radius of thirty eightfeet will be required. No cul-de-sac street can exceed three hundred feet in length to center of turn-around.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
F. Intersection Corner Rounding. Whenever a major street or state highway intersects any other street or highway, the property lines at each block corner must be rounded with a curve having a radius of not less than twenty feet. On all other street intersections the property line at each block corner must be rounded with a curve having a radius of not less than ten feet. In either case, a greater curve radius may be required if streets intersect at other than right angles.
G. Curve Radii. The centerline curve radii on all streets and highways must conform to accepted engineering standards of design and are subject to approval by the city engineer.
H. Grades. No major or secondary street can have a grade of more than three percent, and no other street can have a grade of more than five percent unless, because of topographical conditions or other exceptional conditions, the city council planning commission determines that a steeper grade is necessary. No street or highway can have a grade of less than one-tenth of one percent.
I. The width of city streets, parking lanes, sidewalks and total rights-of-way, and other standards and specifications regarding the design and construction of city streets not otherwise set forth in this code, will be established by department of public works standard plans and specifications adopted from time to time by resolution of the city council. Such standard plans and specifications may establish different widths and other standards for different street classifications based on anticipated level of usage.
J. Service Roads and Off-street Parking. When lots front on any major or secondary street or highway, the subdivider may be required to dedicate and improve a service road to provide ingress to and egress from such lots. The planning commission may require adequate off -street parking areas for all lots proposed for commercial or industrial use.
K. Non-access and Planting Strips. When the rear or side lines of any lots border a street or highway, the subdivider may be required to execute and deliver to the city an instrument prohibiting the right of ingress and egress to such lots across the side lines of such street or highway, and the subdivider may be required to dedicate and improve a planting strip or construct a fence adjacent thereto.
L. Alleys. When lots are proposed for commercial or industrial uses, alleys at least twenty -five feet in width may be required at the rear thereof.
M. Street Names. All street names must be as approved by the planning commission in accordance with the City’s official street naming policy, and no duplication of street names will be permitted.
16.20.040 Easements.
A. The subdivider may be required to grant easements not less than six feet in width along lot lines for public utility, sanitary sewer and drainage purposes, provided easements of lesser width may be allowed when approved by the city engineer.
B. Power and telephone facilities may be required to be installed underground.
C. The sidelines of all easements must be shown by fine dotted lines. If any easement already of record cannot be definitely located, a statement of its existence, nature, and recorded reference must appear on the Title sheet. Distances and bearing on the sidelines of lots that are cut by an easement must be arrowed or so shown so that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto to definitely locate the same with respect to the subdivision must be shown. All easements must be clearly labeled and identified; if an easement shown on the map is already of record, its recorded reference must be
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
given. If an easement is being dedicated by the map, it must be set out in the owner’s certificate of dedication. All notes and figures pertaining to easements must be considerably smaller and lighter than those relating to the subdivision itself.
D. The City may require the subdivider to remove any trees, brush, or other obstructions lying within an easement or right-of-way. The subdivider will be required to remove or trim trees or brush lying within the easements or rights-of-way over which utilities are to be constructed, when such trees or brush interfere with the construction of such utility lines. Such work must be completed in a manner satisfactory to the city engineer.
16.20.042 Removal of Obstructions.
A. The term “obstruction” as used in this section refers to any interference with the free use of the road right-of-way of whatever kind or nature and must include, but is not limited to, structures, electrical power, telephone or cable television poles, lines and appurtenances, pipe lines, conduits and canals. Obstructions must be relocated and/or removed as provided below. This includes, but is not limited to, the quitclaim or subordination of rights to the City by all interest and easement holders having the right to place facilities or otherwise obstruct the free use of the road right-of-way or alternative arrangement acceptable to the city engineer.
1. All obstructions must be removed from the streets, roadways or rights-of-way dedicated in the final map of a subdivision or that are deeded to the City in connection therewith that in the determination of the city engineer interfere with the use thereof or constitute a dangerous or hazardous condition to the traveling public.
2. All obstructions must be removed that are located within existing County, State, or City streets or roadways lying immediately adjacent to streets, roadways or rights -of-way that are dedicated in the final subdivision map or that are deeded by the subdivider to the City in connection therewith and which obstructions, in the determination of the city engineer, interfere with the use of said existing County, State or City streets or roadways, or constitute a dangerous or hazardous condition to the traveling public.
3. Said obstructions must be relocated without expense to the City to such locations as are specified by the city engineer or in the approved plans and profiles for the subdivision.
4. It is the responsibility of the subdivider to contact the utility companies, including cable television companies, or other owners of said obstructions to advise them of proposed improvements, and make direct arrangements for the relocation of and compensation for the cost of relocating any conflicting obstructions. Evidence of such completed arrangements must be presented by the subdivider to the city engineer prior to the final approval of the subdivision plan by the City.
B. Final acceptance of the map is contingent upon the subdivider providing, within and/or outside the boundaries of the subdivision, drainage disposal facilities, methods, or easements as required to receive or dispose of storm water. Said facilities, methods, or easements are subject to the approval of the city engineer. Unless diversion of water is required to conform to a comprehensive drainage plan, off-site water is allowed to flow through the subdivision and must be received and discharged at the locations that existed prior to development and as nearly as possible in the manner existing prior to development.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
16.20.044 Blocks—Length and Width.
A. Block lengths. Blocks must not exceed 400 feet in length between street centerlines, except where otherwise approved by the advisory agency.
B. Block widths. Except as otherwise approved by the advisory agency, the width of each block must be sufficient for an ultimate layout of two tiers (rows) of lots therein of a size required by the provisions of this Title.
C. Cul-de-sacs, knuckle, and curved streets are discouraged, but may be considered by the City on a case-by-case basis such as when addressing hillside developments, cluster housing projects or other subdivision design with difficulties in addressing topography or other locational challenges .
16.20.050 Lots.
A. The size and shapes of lots must be in conformance with the requirements of the subdivision standards and with any additional requirements established by zoning regulations. Residential lots on curved or cul-de-sac streets must have a minimum width of fifty feet at the front yard setback line.
B. The side lines of all lots, so far as possible, must be at right angles to streets or approximately radial to curved streets and to the center points of cul-de-sac turning circles.
C. No lot can be divided by a city boundary line.
D. Interior lots having double frontage will not be approved, except where, as determined by the advisory agency, conditions permit no other reasonable form of platting, or where the proposed double frontage lots abut an arterial or collector street(s) and the advisory agency deems it to be reasonable due to such controlling factors as traffic, safety, appearance, and setback. Each such lot must have a six-foot high masonry wall (the height must be measured from whichever side of the wall the adjacent finished grade is higher) with landscaping on the exterior side of the wall installed by the subdivider adjacent to the property line that abuts the right-of-way of the arterial or collector street(s). The wall and associated landscaping are to be maintained by a homeowner’s association, maintenance district, or some other mechanism approved by the advisory agency within the street right-of-way and any other landscape easement(s) or adjacent common lot(s). Alternate wall and landscape concepts may be approved in areas where, in the opinion of the advisory agency, topographic or other physical conditions make strict adherence to this criteria undesirable. Conceptual wall and landscaping plans must be reviewed and approved by the committee prior to filing of any final map or parcel map.
E. Walls along side yards adjacent to collector or arterial streets: Where it is found to be necessary for orderly development, residential lots having side yards adjacent to collector or arter ial streets will be required to install a six-foot high masonry wall (the height must be measured from whichever side of the wall the adjacent finished grade is higher) with landscaping on the exterior side of the wall installed by the subdivider adjacent to the street-side property line. The wall and landscaped areas are to be maintained by a homeowner’s association, maintenance district, or some other mechanism approved by the advisory agency within the street right-of-way and any other landscape easement(s) or adjacent common lot(s). Conceptual wall and landscape plans must be reviewed and approved by the committee prior to filing of any final tract or final parcel map.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
F. Landscape walls, adjacent to public or private streets, must not exceed 40 inches in height within a front-yard setback and hillside development project shall conform to the City’s hillside standards.
G. Lots abutting commercial uses: Residential lots that share a common property line with office, commercial, or industrial zoning or existing office, commercial, or industrial land uses must be separated by a masonry wall along said common property line a minimum of six feet in height, but not exceeding eight feet in height as measured from highest adjacent finished grade. The time permitted to complete the installation of said wall must be determined by the advisory agency.
H. Lots abutting drilling islands, oil well sites, and canals: Any residential lot, or any commercial lot where it is found to be necessary for orderly development, that shares a common property line with a lot designed to serve as a drilling island, oil well site, or canal must be separated by a masonry wall along said common property line a minimum of six feet in height, but not exceeding eight feet in height as measured from highest adjacent finished grade. The time permitted to complete the installation of said wall must be determined by the advisory agency.
16.20.060 Walkways.
The subdivider may be required to dedicate and improve walkways twelve feet wide through long blocks, or to provide access to schools, parks and other public areas.
16.20.070 Watercourses.
The subdivider may be required to dedicate easements for watercourses or drainage ways in their original locations or in approved relocations. Widths and locations of such easements are subject to approval by the city engineer.
16.20.080 Land Subject to Inundation.
If any portion of any land within the boundaries of the subdivision is subject to overflow, inundation or flooding by stormwaters, that portion of the subdivision must be clearly indicated on the final map or parcel map.
16.20.100 Design Consistency.
The design and improvement (as defined at Government Code Sections 66418 and 66419) of the subdivision must comply with the City General Plan and any applicable specific plan. The approval of a tentative map may be conditioned on the satisfaction of conditions necessary or appropriate to assure that the design and improvement of the subdivision will be in compliance with the City General Plan and any applicable specific plan.
Chapter 16.22 URBAN LOT SPLITS
16.22.010 Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
16.22.020 Definition. An “urban lot split” means a the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
16.22.030 Application.
(1) Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
(2) An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (3) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.
16.22.040 Approval.
(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Development Services Director, without discretionary review. (2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.
(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter. (4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.
16.22.050 Requirements. An urban lot split must satisfy each of the following requirements:
(1) Map Act Compliance.
(A) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section. (B) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The city has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property. (II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
(C) Notwithstanding section 66411.1 of the SMA, no dedication of rights -of-way or construction of offsite improvements is required for an urban lot split. (2) Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
(3) Lot Location.
(A) The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. (ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards and other adopted plans/approvals.
(iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either:
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
(I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
(II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(ix) Habitat for protected species.
(x) Land under conservation easement.
(B) The purpose of subpart (a)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Gov. Code § 66411.7(a)(3)(C).) (4) Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory or locally adopted historic resources inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
(5) No Prior Urban Lot Split.
(A) The lot to be split was not established through a prior urban lot split. (B) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
(6) No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(A) Housing that is income-restricted for households of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
(D) Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(7) Lot Size.
(A) The lot to be split must be at least 2,400 square feet. (B) The resulting lots must each be at least 1,200 square feet. (C) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
(8) Easements.
(A) The owner must enter into an easement agreement with each public -service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
(B) Each easement must be shown on the tentative parcel map. (C) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (a)(2) above. (9) Lot Access.
(A) Each resulting lot must adjoin the public right of way. (B) Each resulting lot must have frontage on the public right of way of at least 12.5 feet. (10) Unit Standards.
(A) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit pursuant to the City’s Zoning Coode, an ADU, or a JADU
(B) Unit Size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
(I) less than or equal to 800 and
(II) more than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
(C) Height Restrictions.
(i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
(ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
(D) Lot Coverage. 60 Percent - This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (E) Open Space. 40 Percent - This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. (F) Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart (a)(10)(F) above:
(I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(II) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback area must:
(I) be kept free from all structures greater than three feet high; (II) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(III) allow for vehicular and fire-safety access to the front structure. (iv) Neighborhood compatible setbacks – where setbacks in neighborhood are less than 25 feet, the setbacks for new home shall be the average of the adjacent abutting residential setbacks or in the case of a corner lot the two closest lots adjacent to the lot sha ll be used to establish a front yard setback.
(G) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(II) a site that contains
(ia) an existing rail or bus rapid transit station,
(ib) a ferry terminal served by either a bus or rail transit service, or
(ic) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(ii) The site is located within one block of a car-share vehicle location. (H) Architecture.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
(i) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (ii) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (iii) Building siting shall take best advantage of solar orientation, climatic and other environmental conditions, shall encourage safety and privacy of adjacent outdoor spaces, and shall reduce the impact of noise received by, or resulting from, the project.
(iv) Second story – maximum size 80% of first story building footprint. (v) All vents, gutters, downspouts, flashing, electrical conduits, etc., shall be painted to match the color of the adjacent surface, unless being used expressly as a trim or accent element.
(vi) Houses with identical building elevations and/or floor plans shall not be located on adjacent lots or directly across the street from each other. (vii) Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, and exterior wall materials.
(viii) All vents, gutters, downspouts, flashings, electrical conduits, etc., shall be painted to match the color of the adjacent surface. Downspouts or rain water leaders shall be located on the inside corners of the structure. (ix) Each home shall be provided with a location for the storage of trash receptacles (waste wheelers, etc.) which is screened from public view. (x) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property.
Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(xi) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right- of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (I) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
(i) Landscaping plans shall show all obstructions such as street lights, meters, backflow devices, utility covers, transformers, and similar objects which may affect plant placement and installation limitations.
(ii) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall.
(iii) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (iv) All landscaping must be drought-tolerant.
(v) All street trees shall be installed at a minimum of 24 -inch box size. (vi) All landscaping must be from the city’s approved plant list. (J) Exterior Lighting Design. Exterior light of the building and site shall be designed so that light is not directed off the site and the light source is shielded from direct offsite viewing.
(K) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. (L) Utilities.
(i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
(ii) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(M) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. (11) Fire-Hazard Mitigation Measures.
(A) A lot in a very high fire hazard severity zone must comply with each of the following fire - hazard mitigation measures:
(i) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment. (B) Prior to submitting an application for an urban lot split, the applic ant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart (a)(11). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application. (12) Separate Conveyance.
(A) Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
(ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. (iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
(B) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots. (13) Regulation of Uses.
(A) Residential-only. No non-residential use is permitted on any lot created by urban lot split.
(B) No STRs (Short Term Rentals). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
(C) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
(14) Notice of Construction.
(A) At least 30 business days before starting any construction of a structure on a lot creat ed by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for construction -related complaints), and
(v) Contact information for the Building & Safety Department. (B) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial.
Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
(15) Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:
(A) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
(B) Expressly prohibits any non-residential use of the lots created by the urban lot split. (C) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. (D) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
16.22.060 Specific Adverse Impacts.
(16) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence,
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
that the project would have a “specific, adverse impact” on either publ ic health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(17) “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
(18) The building official may consult with and be assisted by planning staff, public works engineering, electric and water/wastewater staff and others as necessary in making a finding of specific, adverse impact.
Chapter 16.24 IMPROVEMENTS
16.24.010 Subdivider Responsibility—Scope.
All subdivision improvements for any subdivision are the responsibility of the subdivider, and must be installed in accordance with provisions of this Title, the subdivision standards, and all applicable laws, rules or regulations of the state or agencies thereof. Such improvements are subject to inspection by the city engineer, and approval by the city council. Such improvements must include, but not be limited to, the following:
A. Land grading and improvement;
B. Street, alley, walkway and off-street parking, grading and paving; C. Curbs, gutters, sidewalks and landscaping in rights-of-way; D. Sanitary sewers, storm drains, and appurtenances;
E. Street lighting systems;
F. Fire hydrants;
G. Electric, gas and water utility systems;
H. Street signs, warning and safety devices.
16.24.020 Subdivision Standards—Contents.
The subdivision standards must contain any or all of the following that are not otherwise included in this Title:
Standards for street and lot design; for street widths, grades and curves; for sewerage, water supply, and fire protection; for all improvements to be installed, including public utilities; for office and field checking of maps and survey data; for construction inspections, fee schedules, forms for bonds and agreements and such other matters as may be included therein by resolution of the city council.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
16.24.030 Documents Required.
The City may require that a subdivider provide such documents, including, but not restricted to, deeds, dedications, grants, restrictions, easements and rights-of-way, as it deems necessary to effect a sound and proper plan of land division.
16.24.040 Request for Zoning Change and/or General Plan Amendment.
The City may require a request for change of zoning and/or general plan amendment to insure compatibility of plans and regulations.
16.24.050 Private Streets Permitted When.
The City may permit private streets in subdivisions that are subject to the provisions of this Title in cases where the committee finds and reports that such streets provide local access to parcels to be created, and do not constitute elements of arterial or collector streets systems necessary to serve areas beyond the bounds of the subdivision site. Subdivisions in which private streets are permitted must be subject to all provisions of this Title except as otherwise or as additionally provided below in this section:
A. Private streets must be constructed in conformity with the subdivision standards.
B. Provisions for maintenance of private streets must be required by the City, and bonds or other guarantees of compliance with such provisions may be required.
16.24.060 Special Features Permitted When.
The City may recommend approval of subdivision plans that include the clustering of development sites in combination with the preservation of open space and plans that include airports, golf courses and other types of recreational facilities and other such special features intended for the common usage of owners and guests; provided, that such features are in conformity with zoning, lot area and density standards o n an averaged overall lots area plus open space basis, and other provisions of law. In such cases:
A. The City must require provisions for proper construction of such special features.
B. The City must require provisions for preservation of open spaces and adequate maintenance and operation of all such features, and may require bonds or other guarantees of compliance with such requirements.
C. The City may approve such subdivision plans under existing "P-C" zoning, or may require "P-C" zoning or other appropriate zoning as a condition to approval of the division.
16.24.070 Agreement for Completion.
At the time the city council approves a final map, the subdivider must enter into an agreement with the city council agreeing to have the improvements completed within the time clause guaranteeing the workmanship and materials provided in all improvements for a twelve-month period after acceptance of the improvements by the city council. Said agreement may provide for extension of time under specified conditions. The agreement may also provide for the termination of the agreement upon a reversion to acreage or revo cation of all or part of the subdivision.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
16.24.080 Bond for Completion.
A. To assure that the improvements required by this Title are satisfactorily completed, adequate improvement security must be furnished by the subdivider for the cost of the improvements according to the plans and specifications in a sum or amount equal to the estimate approved by the city engineer. Partial release of said improvement security may be made in accordance with the provision of the Subdivision Map Act. The improvement agreement, referred to in Section
16.24.070 of this Chapter, must be secured by one of the following securities upon approval of the advisory agency:
1. A bond or bonds by one or more duly authorized corporate sureties;
2. A deposit, either with the City or a responsible escrow agent or trust company selected by the City, or money or negotiable bonds of the kind approved for securing deposits of public moneys;
3. An instrument of credit from a state or federal agency, or the City when any such state or federal agency, or the City provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment upon demand by the City, or an irrevocable letter of credit issued by one or more responsible financial institutions regulated by the state or federal government and pledging that the said funds are on deposit and guaranteed for payment upon demand by the City;
4. A lien upon the property to be divided, created by contract between the owner and the advisory agency, if the advisory agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; provided the form of contract is approved by the city engineer; or
5. Any form of security, including security interests in real property, that is acceptable to the advisory agency and specified by ordinance thereof.
B. Any contract or security interest in real property entered into as security for performance pursuant to paragraphs 4 or 5 of the preceding subsection must be recorded with the County Recorder. From the time of recordation of the written contract or document creating a security interest, a lien will attach to the real property particularly described therein and will have the priority of a judgment lien in an amount necessary to complete the agre ed to improvements. The recorded contract or security document must be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the City.
C. The form of bond to secure the faithful performance of the improvement agreement, and the form of bond for the security of labor and materials, must be substantially in compliance with the forms set forth in Sections 66499.1 and 66499.2 of the Subdivision Map Act. Appropriate modifications must be made in such form if the bond is being furnished for the performance of an act not provided for by agreement.
D. Security to guarantee the performance of any act or agreement must be in the following amounts:
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
1. 100 percent of the total estimated cost of the improvement or of the act to be performed conditioned upon the faithful performance of the act or agreement; and
2. 50 percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contrac tor to the subcontractors, and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act; provided however, that for the security referenced subdivisions A. 1-5 of this Section, an additional sum, not to exceed 100 percent of the estimated cost of the improvement or the performance of the required act, may be required, upon determination of the advisory agency, to guarantee payment provided the security instrument authorizes draws to pay for labor and materials and specifies that not more than 50 percent of the total must be released, except to the City to pay for completion of improvements, until after the 60 day lien period has expired;
3. Ten percent of the total estimated costs of the improvements, to be provided prior to City acceptance of completion, to guarantee or warranty the work for a period of one year following completion and acceptance thereof against any defective work or labor done, or defective materials furnished;
4. As part of the obligation guaranteed by the security and in addition to the face amount of the security, there must be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing the obligation secured. Said additional fee must be in the amount of $15,000 or 15 percent of the total estimated cost of improvements, whichever is less. The improvement security must also secure the faithful performance of any changes or alterations that do not exceed ten percent of the original estimated cost of the improvement.
E. Said improvement security must be released by the city engineer upon acceptance of the work or upon revocation or reversion to acreage of the subdivision and abandonment of all streets and easements; except, that the security in the amount specified by the city engineer to guarantee workmanship and materials will remain in full force and effect for one year after acceptance of the improvements.
16.24.090 Acceptance of Improvements.
Work on public improvements will be deemed accepted upon final approval by the city engineer and accepted by order of the city council; provided, however, that the warranty period(s) must commence upon recordation of a notice of completion. Work on private improvements will be deemed accepted, for purposes of satisfaction of the improvement only, upon receipt by the city engineer of a certificate signed by a registered Engineer stating that all such improvements have been constructed in accordance with the plans and specifications approved for the subdivision by the city engineer.
16.24.100 Supplemental Improvements and Reimbursement Agreements.
A. A subdivider who has submitted a tentative map for which a final map or parcel map is required may be required to install improvements for the benefit of the subdivision that may contain supplemental size, capacity or number, or length for the benefit of property not within the subdivision as a condition precedent to the approval of a tentative map and that those improvements be dedicated to the public. Supplemental length may include minimum sized off - site sewer lines necessary to reach a sewer outlet in existence at that time.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
B. In the event the installation of such supplemental improvements is required by the advisory agency or authorized representative, the advisory agency or authorized r epresentative must enter into an agreement with the subdivider to reimburse the subdivider, upon collection of moneys from owners of other property benefitted thereby and within a specified time period, for that portion of the cost of those improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.
C. In order to pay the costs required by the reimbursement agreement, the City may:
1. Collect from other persons, including public agencies using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use;
2. Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse the City for such cost, together with interest thereon, of any, paid to the subdivider;
3. Establish and maintain local benefit districts for the levy and collection of such charges or costs from the propertyies benefitted.
16.24.110 Drainage facilities—Payment of Fees Required.
Prior to filing any final map or parcel map, the subdivider must pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local and neighborhood drainage areas required pursuant to drainage plans adopted b y the city council in accordance with Section 66483 of the Subdivision Map Act.
16.24.120 Sewer Facilities—Payment of Fees Required.
Prior to filing any final map or parcel map, the subdivider must pay, or cause to be paid, any fees for defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas required pursuant to sanitary sewer plans adopted by the city council in accordance with Section 66483 of the Subdivision Map Act.
16.24.130 Water Facilities—Payment of Fees Required.
Prior to filing any final map or parcel map, the subdivider must pay or cause to be paid any fees for defraying the actual or estimated costs of construction of planned water facilities pursuant to the Water Master Plan adop ted by the city council.
16.24.140 Refuse Facilities—Payment of Fees Required.
Prior to filing any final map or parcel map, the subdivider must pay or cause to be paid any fees for defraying the actual or estimated costs of providing for local refuse services for the subdivision or parcel map as adopted by the city council.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
Chapter 16.28 EXCEPTIONS
16.28.010 Authority.
The committee may recommend that the planning commission authorize conditional exceptions to any of the requirements and regulations set forth in this chapter.
16.28.020 Application—Petition.
Application for any such exception must be made by written petition of the subdivider stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition must be filed with the tentative map. In order for the property referred to in the petition to come within the provisions of this section, the committee must find that all of the following facts apply with respect to the subject property:
A. That there are special circumstances or conditions of topography, size, shape or location affecting said property;
B. That the exception recommended is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
C. That the granting of the exception will not adversely affect the General Plan; D. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated, and will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity.
16.28.030 Report—Consideration.
In recommending commission action on exceptions under this section, the committee must prepare a report to the planning commission containing all facts and findings in connection therewith. The report must set forth the exception as recommended and the conditions designated. Upon receipt of such report the planning commission must consider and act on the tentative map with or without any exceptions and conditions recommended.
16.28.040 Waiver—Approval when.
No request for exception to waive the requirement for a parcel map, as provided in Section 66428 of the Government Code, may be approved unless or until this chapter is amended to provide a procedure for such waiver.
16.28.050 Appeal—Procedure.
A. Appeal from an action by the committee may be made to the planning commission within fifteen days from such action. An appeal must be submitted in written form to the secretary of the planning commission, and must be placed on the agenda of the next commission meeting. The commission must take action thereon within forty days from the date of submittal.
B. Any person who is dissatisfied with an action of the planning commission may, within fifteen days after such action, appeal in writing to the city council for a public hearing. Within fifteen days of any such appeal, the planning commission must forward the map or other documents to
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
the city council for review. A public notice of said hearing must be made by the city clerk, and the hearing must be held within the time limit required by the Subdivision Map Act. The city council may continue such hearing from time to time, not to exceed fifteen days from the date of fir st hearing without mutual consent.
C. At the time fixed for the hearing, the city council must hear testimony of representatives of the commission, of any witnesses on its behalf, of the petitioner, and of any other parties at interest.
D. The city council must consider the record and such additional evidence as may be offered, and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under law and facts.
E. The decision of the city council as a result of said hearing shall be expressed by a motion in writing, and the city council shall forthwith transmit a copy thereof to the subdivider and the commission within ten days of conclusion of the hearing.
Chapter 16.32 ENFORCEMENT AND PENALTY
16.32.010 Enforcement.
It is the duty of the City to enforce the provisions of this Title. All departments, officials and public employees of the city vested with the duty or authority to issue permits must conform to the provisions of this Title, and must not willfully issue any permit or license for use, construction or purpose in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title is null and void.
16.32.020 Deed or Contract—Voidable When.
Any deed of conveyance, sale or contract to sell, or assignment, allocation, division or grant of entities of usage made contrary to the provisions of this Title is voidable to the extent and in the manner provided in Section 66499.32 of the Government Code of the state of California.
16.32.030 Violation—Penalty.
Every Violation of a provision of this Code, the penalty for which is defined as an "infraction" or "misdemeanor," shall be subject to fines and penalties of Chapter 8.12 (Administrative Fines and Penalties) of the Colton Municipal Code .
Chapter 16.34 FEES
16.34.010 Fees may be set by Resolution.
The city council of the city may from time to time set fees, as provided for in Title 16, Subdivisions, by resolution.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances Created: 2021-03-25 07:55:02 [EST] (Supp. No. 28)
Exhibit - A
Chapter 16.36 DEDICATION OF LAND OR PAYMENT OF FEES FOR PARK AND
RECREATIONAL PURPOSES
Sections:
16.36.010 Park and Recreation dedication and Fees.
A. Authority and Purpose. This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California and Shall be interpreted to be consistent with the provisions thereof. The Park and Recreational Facilities for which dedication of land and/or payment of a Fee is required by the terms of this section Shall be provided in accordance with the standards, specifications and requirements of the General Plan of the City any specific plan adopted thereto, and any other adopted Resolution, policy or standard of the City.
B. Effect on Other Laws. With respect to the requirement of dedication of land or payment of Fees for Park and Recreational purposes by any residential Subdivider pursuant to this title, this chapter Shall supersede all other Ordinances or regulations of the City inconsistent herewith. The enactment of this chapter Shall not supersede any other provisions or authority adopted by Ordinance of the City Council unless expressly stated in this chapter.
C. Exemptions. The provisions of this section Shall not apply to commercial or industrial Subdivisions; nor to Condominium or stock cooperative Projects which consist of th e Subdivision of airspace in an existing Apartment Building which is more than five Years old when no new Dwelling Units are added. (Ord. 0-06-00 § 1 (part), 2000; Ord. 0-10-88 § 1 (part), 1988)
16.36.020 Definitions.
The Following definitions Shall govern the meaning of words in this chapter, unless from the context in which the word is Used, a different meaning is clearly intended:
A. "Park" means a Parcel or contiguous Parcels of land which is owned, operated and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the Residents of the Subdivision and of Persons residing, working or visiting in the City. Parks May be classified as community Parks, including community centers, athletic facilities, large multiuse Swimming Pools, picnic areas, cultural centers or similar facilities; public neighborhood Par ks, including playground equipment, sports Fields, and picnic areas; and private neighborhood Parks, generally intended to serve only the immediate Subdivision/Development or specified planned community in which they are located. Parks May also include, or be limited to Open Space areas suitable for active or passive Uses.
B. " Park and Recreational Facilities" means any public Improvements deemed necessary by the City to develop, improve or rehabilitate land and facilities for Park and Recreational purpos es. Such Improvements May include but not be limited to grading; landscaped areas for active and passive recreational Use, Open Space and sports Fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; Bicycle facilities and Park lighting; playground or other recreational equipment; picnic facilities; community center or other Buildings, Swimming Pools; volleyball, basketball, tennis, racquetball and other Courts; Vehicle Driveways and
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Created: 2021-03-25 07:55:02 [EST]
(Supp. No. 28)
Exhibit - A
parking areas and any other facilities which May hereafter be authorized by state Law or Approved by the City.
C. "Private Open Space" means that privately owned land and facilities for Park and Recreation purposes provided within a Subdivision and perpetually maintained and operated by the future Residents or Owner of the Subdivision, which land and facilities can be credited against the dedication and payment requirements established in this chapter, when the Following criteria are met:
1. That the private Park land meet a minimum size requirement of one-third (0.3) acre;
2. That the proposed private Park land be reasonably adaptable for Use for Park and Recreational purposes, taking into consideration such factors as size, shape, topography, geology, Access and location of the private Park land;
3. That the Following areas or Subdivision design features Shall not be eligible for private Park credit; Yards, Court areas, Setbacks, Subdivision edges, landscaped Subdivision entries, greenbelts, meandering streams and circulation Improvements such as Bicycle, hiking and equestrian trails;
4. That the location of the land provide convenient Access to housing and Schools;
5. That the perpetual private ownership and maintenance of the land is adequately provided f or by a recorded Written agreement; and
6. That the Use of the private Park land is perpetually restricted for Park and Recreational purposes which cannot be defeated or eliminated without the consent of the City Council and in no event without providing equivalent Park and Recreational space elsewhere in the Subdivision.
D. "Fair Market Value" means the value of the land being subdivided based upon the current assessed value, modified to equal Market Value in accordance with the current practice of the C ounty Assessor, or at the option of City based upon an appraisal by a qualified appraiser selected by City. In the event the Subdivider disagrees with this Fair Market Value determination, the Subdivider May select a qualified appraiser who, together with the original appraiser, Shall select a third qualified appraiser.
The three appraisers so selected Shall conduct a Fair Market Value analysis of the Property and their determination Shall be binding upon the City and the Subdivider for the purposes of this chapter. All costs of appraisal Shall be paid by the Subdivider prior to the recordation of any final map or the issuance of any Building Permit. The Fair Market Value Shall be determined as of the time the final map or Parcel map is filed. With regards to any Park and Recreation Improvements or equipment provided by the Subdivider, the Fair Market Value Shall be the actual cost to acquire, construct or install the Improvement or equipment.
(Ord. 0-10-88 § 1 (part), 1988)
16.36.030 Park dedication required.
As a condition of Approval of a tentative or final tract map or Parcel map for a residential Subdivision, the Subdivider Shall be required to dedicate land, pay a Fee in lieu thereof or both, at the option of the City, in the amount provided in this chapter, for Park or recreational purposes, unless the Subdivider is exempted from this requirement by the express provisions of this chapter. The dedication of land and/or payment of a Fee Shall be at the time and according to the standards and formula contained in this chapter. (Ord. 0-10-88 § 1 (part), 1988)
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Created: 2021-03-25 07:55:02 [EST]
(Supp. No. 28)
Exhibit - A
16.36.040 Standards for determining dedication.
A. General. If the Park dedication is required under Section 16.58.030, the Park area required Shall be determined in accordance with the standards provided in this section.
B. Standard of Park Area to Population. It is found and determined that the public interest, convenience, health, safety and welfare of the Residents of the City require that three acres of Property for every one thousand Persons residing within the City be devoted to Local Park and Recreational purposes, and that such Park area is necessary to provide for the needs of the current and future Persons residing and working in the City. Said ratio of .003 is hereafter referred to as the Park area standard.
C. Dwelling Unit Occupancy Factor. The Dwelling Unit Occupancy Factor for each type of Dwelling Unit Shall be established by Resolution and based on the most recent available U.S. Census Data. These figures May be revised from time to time by Resolution.
D. Computation of Area of Park to be Dedicated. The dedication of Park land required for any Subdivision Shall be determined by multiplying the number of Dwelling Units in the Subdivision for each housing type by the Occupancy factor for each housing type by .003 (i.e., the ratio of the Park area standard of three acres to one thousand population). This is represented as follows:
(# Dwelling Units) (Occupancy factor)
(3/1,000) = Area of Park to be dedicated
E. Qualification of Land Being Dedicated. In addition to meeting the requirements set forth in this section, any land offered for Park dedication Shall meet the criteria specified in Section 16.58.060(D).
F. Recent Park Development Surveys indicate a Development cost of one hundred ten thousand eight hundred sixteen dollars per acre for Improvements to Park and Recreation Facilities. This cost applies to seventy -eight acres of new Parkland for a total cost of eighty-six thousand four hundred thirty-six dollars and forty-eight cents. The recommended and Approved cost recovery level for Improvements to Park and Recreation Facilities is fifty percent or forty-three thousand two hundred eighteen dollars and twenty-four cents. (Ord. 0-10-08 § 3, 2008; Ord. 0-06-00 § 1 (part), 2000; Ord. 0-10-88 § 1 (part), 1988)
16.36.050 Fees in lieu of dedication.
When Permitted by Section 16.58.060, the Subdivider May pay to the City a Fee in lieu of making su ch dedication. The Fee Shall be computed by multiplying the area of Park to be dedicated under Section 16.58.040(D) by the Fair Market Value of the land being developed plus the Subdivision's fair share contributions to cover the cost of Park Improvements.
(Ord. 0-06-00 § 1 (part), 2000: Ord. 0-10-88 § 1 (part), 1988)
16.36.060 Determination of dedication, Fees or combination.
A. Dedication Generally Required. Where a Park or Recreational Facility has been Designated in the General Plan of the City or other adopted Resolution policy or standard of the City, and is to be located in whole or in Part within the proposed Subdivision to serve the immediate and future needs of the Residents of the Subdivision and other members of the public, the Subdivider Shall dedicate land for a Park and provide Recreational Facilities thereon as provided in this chapter unless the City determines that dedica tion is not desirable as provided in this section. The Fair Market Value of the land and Recreational Facilities provided
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Created: 2021-03-25 07:55:02 [EST]
(Supp. No. 28)
Exhibit - A
by the Subdivider's obligations hereunder. If the Fair Market Value of the Park and Recreational Facilities provided is less than that required hereunder, the difference Shall be paid by the Subdivider as an in -lieu Fee.
B. In-Lieu Fees. Where no Park or Recreational Facility located in whole or in Part within the proposed Subdivision is Designated in the General Plan of the City or other adopted Resolution policy or standard of the City, the Subdivider Shall, in lieu of dedicating land, pay a Fee computed in accordance with Section
16.58.050 to be Used for Park and Recreational purposes to serve the Residents of the area being subdivided and other members of the public.
C. Combination of Land and Fees. The City May accept a combination of land and Fees, with the respective amounts to be determined in the sole discretion of the City, so long as the aggregate Fair Market Value plus in-lieu Fees does not exceed the limits established in this chapter.
D. Determination of Land or Fee. Whether the City accepts land dedication or elects to require payment of a Fee in lieu thereof, or a combination of both, Shall, in the City's sole discretion, be determined by consideration of the Following:
1. The provisions of the City's General Plan, any specific plan adopted thereto, and any other adopted Resolution, policy or regulation of the City;
2. Topography, geology, Access and location of land in the Subdivision available for dedication;
3. Size and shape of the Subdivision and land available for dedication;
4. The feasibility of dedication;
5. Access and location of other Park sites to Subdivision; and
6. Need of other accessible Park sites for Development, Improvement and rehabilitation.
The determination of the City as to whether land Shall be dedicated, or whether a Fee Shall be charged, or a combination thereof, Shall be final and conclusive.
E. In-Lieu Fees for Subdivisions of Fifty Parcels or Less. If the Subdivision contains fifty Parcels or less, only the payment of in-lieu Fees May be required, except that Condominium, stock cooperative or community Apartment Projects May be required to dedicate land if they have more than fifty Dwelling Units. (Ord. 0-10-88 § 1 (part), 1988)
16.36.070 Subdivider credits.
A. Public Parks. The Subdivider Shall receive a credit against the Park dedication requirement for the Fair Market Value of any land dedicated and for the value of any Park and Recreation Improvements provided by Subdivider in conjunction with any public Park. The value of such Improvements Shall be determined by City based upon Section 16.58.020(D).
B. Private Park. In conjunction with any Planned Development, real estate Development, stock cooperative, community Apartment or Condominium, as defined by State Law, if the Subdivider provides Private Open Space as defined in Section 16.58.020, then the Subdivider May receive a credit equal to the Fair Market Value of the Private Open Space against the Park dedication requirement of this chapter, but such credit Shall not exceed one-third of such Park dedication requirement. The actual amount of such credit Shall be determined by the City based upon the comparability of the Private Open Space to public Park area and the adequacy of such Private Open Space to serve the needs of the Subdivision for active recreational Uses.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Created: 2021-03-25 07:55:02 [EST]
(Supp. No. 28)
Exhibit - A
C. Application of Credits. The credits provided in this section Shall be applied to reduce the Subdivider's obligation to dedicate and/or pay an in-lieu Fee as required under this chapter, but only to the extent of such credit.
(Ord. 0-10-88 § 1 (part), 1988)
16.36.080 Disposition of land or Fees.
The amount and location of land to be dedicated or the Fees to be paid Shall bear a reasonable relationship to the Use of the Park and Recreational Facilities by the future inhabitants o f the Subdivision. In accordance with Government Code Section 66477, it is expressly acknowledged that the land to be dedicated or Fees to be paid May be for both neighborhood and community Parks. In addition, such Fees May be Used to improve or rehabilitate existing Parks. Fees paid by a Subdivider pursuant to this chapter May be spent to develop, improve and rehabilitate community and neighborhood Parks even though such Parks May be Used by Nonresidents of the Subdivision, so long as the benefit of the Park and Recreational Facilities to Residents of the Subdivision is reasonable in relation to the location of the Park and amount of the Fees. (Ord. 0-10-88 § 1 (part), 1988)
16.36.090 Time of dedication or payment of Fees.
All Park Fees Shall be paid directly to the City cashier upon the date of final inspect ion, or the date the certificate of Occupancy is issued, whichever occurs last, provided that the City May require payment on a pro rata basis for each Dwelling or upon a percentage of Dwellings when they have received final inspection or certificate of Occupancy, whichever occurs last. Notwithstanding the foregoing, the City May require earlier payment of such Fees if necessary to reimburse the City for previous expenditures or if the Fees are collected for Park and Recreation Improvements where the City has established an account, appropriated funds, and adopted a construction schedule or plan for the Park and Recreation Improvements prior to final inspection or certificate of Occupancy. In the event of dedication, dedication Shall be made at the time of r ecordation of the final map. (Ord. 0-10-88 § 1 (part), 1988)
16.36.100 Schedule for performance.
A. City's Schedule. The Community Development Director Shall prepare and maintain a schedule specifying how, when and where the land or Fees, or both, which were dedicated to the City to develop Park or Recreational Facilities will be Used. Any Fees collected under this chapter Shall be commi tted within five Years after the payment of such Fees or the issuance of Building Permits on one -half of the Lots created by the Subdivision, whichever occurs later.
B. Subdivider's Schedule. In the event that the Subdivider improves or develops Parks for public or private ownership, he Shall prepare a schedule specifying when, how and where he will develop the Park or Recreational Facilities to serve the Residents of the Subdivision. This schedule will be required as a condition of Subdivision map Approval.
(Ord. 0-10-88 § 1 (part), 1988)
16.36.110 Procedure.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
A. Approval of Subdivision Map. Unless otherwise expressly provided in this chapter, any Decision or action required by City in this chapter, Shall be made after the duly Noticed Public Hearing at th e time of Approval of the tentative tract map or Parcel map, by the advisory body. Such Decision or action Shall be made a condition of Approval of the Subdivision map.
B. Appeals. Any Person May Appeal a determination of the advisory body made pursuant to this chapter.
Appeals Shall be made as provided in Section 16.28.050 of Chapter 16.3628 of this title. (Ord. 0-10-88 § 1 (part), 1988)
Chapter 16.38 PARCEL MERGERS
16.38.010 Purpose and Intent.
It is the purpose and intent of this chapter to provide a method for merging of contiguous Parcels of land held under common ownership in accord with the provisions of Section 66499.20 3/4 of the Subdivision Map Act.
16.38.020 Residential Parcel Mergers.
The Planning Commission May authorize the merger of contiguous residential Parcels held under common ownership upon review and Approval of a properly submitted and complete Application submitted pursuant to this chapter including the Following:
A. Satisfactory evidence of common ownership of all affected Parcels; B. Plot plan showing all Structures in relation to existing Parcel Lot Lines.
16.38.030 Nonresidential Parcel Mergers.
The Planning Commission May authorize the merger of contiguous nonresidenti al Parcels of land held under common ownership upon review and Approval of a properly submitted and complete Application submitted pursuant to this chapter including the Following:
A. A final Parcel map delineating all Parcels to be merged as one unit; B. Satisfactory evidence of common ownership of all affected Parcels; C. Plot plan showing all Structures in relation to existing Parcel Lot Lines.
16.38.040 Parcel Merger Procedures.
The Owners of Parcels proposed for merger under this chapter Shall make Application for a Parcel merger as follows:
A. Submission to the Planning Department of an Application form obtained from the Engineering Department of the City, prepared by the Owner or his qualified agent, containing all information required by this chapter and Section 66499.20 3/4 of the Subdivision Map Act.
B. Submission to the Planning Department of such additional maps and information as May be required by the Engineering Department form, together with a filing Fee in an amount established by Resol ution of the City Council.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
C. The Planning Department Shall review the Application as submitted in coordination with the Engineering Department and determine its completeness.
D. Upon a determination of completeness of the Application for Parcel merger, the Engineer Department Shall makes its recommendation to the Planning Department for Approval or denial to the Planning Department and the planning Department Shall review the Application and make its recommendation regarding the proposed Parcel merger in accord with the provisions of the City's Zoning Code and general plan to the Planning Commission.
E. The Planning Commission Shall review the completed Application, together with the recommendations of the Engineering Department and the Planning Department and Shall approve, conditionally approve, or disapprove the proposed Parcel merger within thirty Days of the determination of completeness of the Application by the Planning Department.
F. The Applicant Shall be notified in writing of the Planning Commission's action within fifteen Days of that action.
G. The Parcel Owner, a Department of the City, or any interested Person May Appeal the action of the Planning Commission to the City Council in accord with the procedures set forth in Chapter 16.36 of this Code.
H. Upon expiration of the Appeal period or upon direction of the City Council on an Appeal, the Planning Department Shall transmit to the Owner/Applicant a "Notice of merger" evidencing the merger of the Parcel(s) for recordation by the Owner with the San Bernardino County Recorder.
16.38.050 Merger of Substandard Lots.
Sections:
16.38.0650 Standards to Merge Lots.
Two or more contiguous parcels or units of land may be merged by the city council when held by the same owner if all of the following requirements are satisfied:
A. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
B. With respect to any affected parcel, one or more of the following conditions exist:
1. Comprises less than five thousand square feet in area at the time of the determination of merger;
2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
3. Does not meet current standards for sewage disposal and domestic water supply;
4. Does not meet slope stability standards;
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
5. Has no legal access that is adequate for vehicular safety equipment access and maneuverability;
6. Its development would create health or safety hazards;
7. Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.
16.38.0760 Procedures.
The procedure for a merger of substandard lots pursuant to this chapter is as set forth in Government Code Sections 66451.10 through 66451.21. Any hearing or determination required pursuant to these procedures must be made by the city council.
Chapter 16.40 PLANS AND SPECIFICATIONS
16.40.010 Filing.
A. Plans and specifications, including profiles where required by the city engineer, of all improvements required under the provisions of this Title, as well as other improvements proposed to be installed and constructed by the subdivider in, over, or under any str eet or right- of-way, easement, lot or parcel of land where improvements are required or proposed, must, along with an estimated plan check and inspection fee, be filed with the city engineer. The City is not obligated to accept public improvements shown on any such plan or specification constructed before the plans and specifications therefor have been approved by the city engineer.
B. If all detailed plans and specifications for improvements are not filed with the city engineer at the time of filing the parcel map, certificate of compliance, or final map, there must be included in the completion agreement a promise to file same within a specified reasonable time thereafter, and the faithful performance bond must include a guarantee that the remaining plans and specifications will be prepared in accordance with the requirements of the city engineer and filed with him.
C. In all cases where topography controls the design, all detailed plans, specifications, and profiles of improvements required must be submitted at the time of the filing of the parcel map, certificate of compliance, or final map.
Chapter 16.42 RECORD DRAWINGS
16.42.010 Filing.
Prior to the time of filing of the notice of completion and acceptance of improvements within any subdivision, the subdivider must file with the city engineer the record drawings approved and signed by an Engineer or surveyor in both printed and electronic format as directed by the city engineer. Record sewer drawings must show the location of all wye branches or house laterals.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33, Update 1)
Exhibit - A
Chapter 16.44 SURVEY REQUIREMENTS—MONUMENTS
16.44.010 Setting Monuments.
A. At the time of making the survey for the final map or parcel map, th e Engineer or surveyor must set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another Engineer or surveyor may readily retrace the survey.
B. Such Engineer or surveyor must set monuments as follows:
1. Set City standard monuments and encasements at all intersections of street centerlines, beginning and ending of all curves on streets within the subdivision and at the intersection of the centerline of the streets and the subdivision boundary. On all curved streets, a sufficient number of monuments must be set so that connecting chords must be wholly within the street roadway between curbing. The Engineer or surveyor must measure the vertical elevation based upon data approved by the city engineer, data for each City standard monument set and must provide a record of this data to the city engineer.
2. Set 1.5two-inch iron pipe 2418 inches long, filled with concrete and properly tagged, or with a two-inch by two- inch by twelve-inch redwood stake driven into the center and properly tagged or equal as approved by the city engineer, at all angle points and beginning and ending of all curves on the exterior boundary of the subdivision. All boundary monuments must be in place prior to recordation of the map. The city engineer may, by a field survey, satisfy himself that all monuments actually exist and that their positions are correctly drawn. Depth of boundary monum ents must be not less than six inches or more than 30 inches.
3. Set twoone-inch by two-inch by twelve-inch redwood stakes with tag, iron rod with cap or iron pipe with cap and properly tagged at all angle points and beginning and ending of all curves on the boundary of each lot, which angle point is not covered i n subsection 1 or 2 above. For front lot corners, reference points, consisting of “penny” tags epoxied in place together with chisel marks on the top of curbs, may be substituted for the required redwood stake, iron rod or iron pipe. For rear lot corners of double- frontage lots, reference points, consisting of concrete nails and tags mounted on the rear masonry wall, on the lot side, at a visible elevation, may be substituted for the required redwood stake, iron rod or iron pipe.
4. When any of the above-described boundary points fall in a concrete sidewalk, curb, wall, coping, etc., such points must be marked with a concrete nail and tag.
5. All monuments in subsection 1 and 2 above must be so set as to ensure an unobstructed sight between adjacent monuments, whenever feasible, and in no case can the distance between monuments exceed 2,700 feet, unless prior approval is obtained from the city engineer.
6. All monuments must be permanently marked with the license number of the Engineer or surveyor setting it, preceded by the letters “R.C.E.” or “L.S.” respectively, as the case may be.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
7. The character, type and position of all monuments and encasements must be noted on the final map. If a monument is replaced, indicate type and condition of monument found and the date of replacement.
8. A traverse of the boundaries of the map and of all the lots and blocks must close within a limit of error not in excess of one foot in 20,000 feet.
9. All distances must be expressed on the map to the nearest hundredth of a f oot.
10. Any monuments or stakes disturbed by the improvements must be reset. Where no streets are to be improved, the subdivider must post a faithful performance bond to guarantee the setting of all the above stakes and monuments.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
Chapter 16.46 DEDICATIONS
16.46.010 Requirements.
As a condition of approval of a tentative map, the subdivider must dedicate or make an irrevocable offer of dedication of all land within the subdivision that is needed for public streets, alleys, including access rights and abutter’s rights, drainage, drainage basins, public utility easements and other public easements.
16.46.020 Waiver of direct street access.
The advisory agency may impose a requirement that any dedication or offer of dedication of a street or approval of a map abutting a previously dedicated street must include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon. If such dedication is accepted, or if no dedication is otherwise required, such waiver will become effective in accordance with its provisions. Such provisions must specify that a portion of the street as to which access is waived may, at the request of the property owner, be revised or relocated to another portion or portions of the same street frontage or of any adjoining street as to which direct access has been waived by recording a certificate therefor signed by the property owner and the city engineer.
16.46.030 On Final Maps.
A. Dedications of or offers to dedicate interests in real property for specified public purposes must be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Subdivision Map Act.
B. In the event any street shown on such map is not offered for dedication the certificate must contain a statement to this effect. If such statement appears on the map and if the map is approved by the city council, the use of any such street or streets by the public will be permissive only.
C. An offer of dedication of real property for street or public utility easement purposes will be deemed not to include any public utility facilities located on or under such real property, unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.
16.46.040 For Subdivisions not Requiring a Final Map.
A. If dedications or offers of dedication are required by the advisory agency for subdivisions requiring a parcel map, they may be made either by a certificate on the parcel map, or by separate instrument to be recorded concurrently with, or prior to, the parcel map being filed for record.
B. Such dedication or offers of dedication must be signed by the same parties and in the same manner as set forth in Section 66439 of the Subdivision Map Act for dedications by a final tract map.
C. An offer of dedication must be in such terms as to be binding on the owner, his heirs or successors in interest and must continue until abandoned as specified in Section 66477.2 of the Subdivision Map Act.
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Attachment: Exhibit-A - Subdivision Ordinance_Revised 5-3-22 (3646 : Subdivision Ordinance Update and SB 9)
ITEM NO. 2
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO
INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COLTON TO AMEND SECTION
18.06.020 (OFFICIAL ZONING MAP) TO ADD RESIDENTIAL
OVERLAY (R-O) TO AN EXISTING M-1 (LIGHT INDUSTRIAL)
ZONE ON PROPERTY LOCATED AT 300 WEST CONGRESS
STREET (APN 0163-272-01) IN THE CITY OF COLTON AND
MEASURING APPROXIMATELY .27 ACRES IN AREA (FILE INDEX
NO. DAP-001-722) , ORDINANCE NO. O-09-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Introduce for first reading and pass by title only: O-09-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND S ECTION 18.06.020 (OF FICIAL
ZONING MAP) ADDING RE SIDENTIAL OVERLAY (R -O) ZONE TO THE EXIS TING M-1 ( LIGHT INDUSTRIAL) ZONE ON PROPERTY LOCATED AT 300 WEST CONGRESS STREET (APN 0163 -272-01) IN THE CITY OF COLTON AND MEASURING APPROXIMAT ELY .27 ACRES IN ARE A (FILE INDEX NO. DAP -001- 722).
BACKGROUND
Following a duly noticed public hearing conducted by the Planning Commission on April 26, 2022, the Commission voted 6 -0 (1 absent) to approve Architect ural and Site Plan Review, Planning Commission Resolution No. R -08-22, to allow for the construction of a five unit apartment project and recommending that the City Council amend Official Zoning Map by
1.2 Packet Pg. 85
Staff Report to the Mayor and City Council
Zone Change - Residential Overlay (R-O) Zone
June 7, 2022
adding Residential Overlay (R -O) Zone to the existing M-1 (Light Industrial) Zone, Resolution No. R-07-22, located at 300 W. Congress Street. (See Attachments 1 & 2) Site Description
The location of the apartment project, 300 W. Congress Street, is outlined below:
The site is relatively flat in nature wi th a finished elevation ranging by one to two feet throughout the property from a north to south direction. Historically, no development or previous construction is recorded on the site. The closer aerial below provides a better idea of the overall site conditions looking northeast.
Subject
Site
Subject Site
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Staff Report to the Mayor and City Council
Zone Change - Residential Overlay (R-O) Zone
June 7, 2022
The irregularly -shaped Project site is currently undeveloped and encompasses a legal - nonconforming outdoor advertising sign, which was planned to be kept by the current property owner. The south east and south portions of the subject site consists of City right -of-way. The City has no plans for developing or landscaping these areas at this time; however, Public Works has included a condition of approval requiring landscaping in a portion of these areas. This issue is discussed in more detail in the Analysis section of this staff report. The property is bordered by West Congress Street to the north, Hert Street on the west, and South La Cadena Drive on the East. An asphalt and concrete recycling and batch plant is located just under a half-mile to the south on S. La Cadena Drive , and a second batch plan is located slightly over a half-mile to the north, off of Rancho Avenue.
ISSUES/ANALYSIS
RESIDENTIAL OVERLAY
S. La Cadena
Drive Hert Street
Subject Site & Existing off-site
outdoor advertising sign
W. Congress St.
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Staff Report to the Mayor and City Council
Zone Change - Residential Overlay (R-O) Zone
June 7, 2022
On January 4, 2022, the City Coun cil adopted a General Plan Housing Element Cycle 6 Update.
The Adopted Housing Element, while still under review by the State Housing and Community Department (HCD), designated this site as a future change of zone with Residential Overlay.
According to t he City’s Land Use Element, “The Residential Overlay designation provides, in addition to the base land use, the opportunity to develop residential uses in areas where convenient access to transit and neighborhood‐serving uses is available. Together, the b ase land use designation and the overlay allow for a combination of commercial or office uses with higher‐density residential development. This designation permits a minimum density of twenty units per acre and up to 30 dwelling units per acre. The propos ed project density is approximately 20 units per acre with five dwelling units on an 11,761.2 square foot lot.
The Candidate Sites for Rezoning of the 2022 -2029 Housing Element, identifies the subject properties for future residential development with a m inimum density requirement of 25 dwelling units an acre (Source: 2022 -2029 Housing Element -City Council Resolution No. R - 127-21). Because of the small size of the subject site, staff will be updating this specific site in the Housing Element to include five units at 20 du/ac instead of six units at 25 du/ac.
SURROUNDING LAND USES / COMPATIBILITY
The subject site is surrounded by residential development on the north side of Congress Street and south and west side of Hert Street. The property to the east is zone d C-2 (General Commercial), which is a presently vacant commercial property that was occupied previously by Yosemite Water. The proposed five apartment units will be located just north of recently approved Emerald Village I, a 27-lot residential subdivision, currently under construction.
The surrounding local streets are adequate to in size to provide for two way traffic and parking on each side of the street.
OFF-SITE OUTDOOR ADVERTISING SIGNS
The Applicant’s site plan shows that the subject property includes an existing off -premises billboard operated pursuant to a lease agreement with an advertising company . The Applicant agrees that such a billboard is inconsistent with the residential uses proposed for the subject property and has indicated that they will terminate the lease with the billboard operator upon the next available opportunity, as reflected in the termination language of the lease (lease expires in 2028). Therefore, as a material inducement to approve the project, the City has accepted such actions and has included a condition of approval in the Planning Commission approvals to require the Applicant to provide evidence that such billboard lease has been terminated. Upon such termination, the Applicant shall provide proof to th e Development Director that the billboard structure has been demolished and removed in a manner that assures the safety of residents of the Project, including a requirement that the Applicant obtain a demolition permit for such removal.
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Staff Report to the Mayor and City Council
Zone Change - Residential Overlay (R-O) Zone
June 7, 2022
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), The City Council of the City of Colton, in accordance with the California Environmental Quality Act, has found that the project will not have a significant impact on the environment an d is Categorically Exempt from CEQA under Article 19, Section 15332, Class 32 (Infill Development) of the CEQA Guidelines. This section pertains to the proposed project, which does not rise to a level of significant environmental impact and will not be detrimental to the health and welfare of the surrounding neighborhood.
FISCAL IMPACTS
The change in land use adding the Residential Overlay (R-O) designation the existing M-1 (Light Industrial) Zone will allow a private developer and place the property on tax rolls, resulting in property tax revenue for the City for residential purposes and contributing five units of moderate income housing stock. The City will be receiving building plan check and permit fees for construction of residential housing on the subject site.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1_R-7-22_DAP-001-722_300 West Congress Street (1)
2. Attachment 2_R-08-22_DAP-001-722_300 West Congress Street
3. Attachment 3_Ordinance No. O-09-22_DAP-001-722
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Attachment: Attachment 1_R-7-22_DAP-001-722_300 West Congress Street (1) (3610 : Zone Change - Residential Overlay (R-O) Zone)
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Attachment: Attachment 1_R-7-22_DAP-001-722_300 West Congress Street (1) (3610 : Zone Change - Residential Overlay (R-O) Zone)
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Attachment: Attachment 1_R-7-22_DAP-001-722_300 West Congress Street (1) (3610 : Zone Change - Residential Overlay (R-O) Zone)
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Attachment: Attachment 1_R-7-22_DAP-001-722_300 West Congress Street (1) (3610 : Zone Change - Residential Overlay (R-O) Zone)
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Attachment: Attachment 1_R-7-22_DAP-001-722_300 West Congress Street (1) (3610 : Zone Change - Residential Overlay (R-O) Zone)
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Attachment: Attachment 1_R-7-22_DAP-001-722_300 West Congress Street (1) (3610 : Zone Change - Residential Overlay (R-O) Zone) 1 2
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5. The site operations shall be subject to the following:
a. A special events permit shall be obtained from the Community Services Department for any special events on site (e.g., grand opening, temporary outd oor sales, etc).
b. The site shall be developed and maintained consistent with the approved plans and the conditions of approval.
c. The premises shall be kept clean and the operator of the establishment shall ensure that no trash or litter originating from t he site is deposited onto the neighboring properties or onto the public right-of-way.
6. Separate submittals and permits are required for any future proposed accessory structures such as but not limited to, trash enclosures, patios, light standards, and storage buildings.
7. The applicant shall place a signed copy of these conditions of approval on the plan check sheet of the proposed project, subject to review and approval by the Development Services Director
8. Garage Use. The property owner/property manager shall stipulate in all lease agreements for the apartment units that garages shall at all times be available for the parking of vehicles assigned to the applicable unit. Storage within garages shall be allowed only to the extent such storage does not impede access to the parking space(s) within the garage.
9. As part of the lease/rent of any unit within the project, each renter of a unit within the project shall be given a written notice by the property manager/property owner of the on -site parking and off-site parking conditions and requirements for the apartment rented. All executed rental lease agreements will contain and exhibit of parking areas including signed acknowledgement form which records the resident’s agreement with the terms of the use of garages and driveways.
10. The applicant shall provide and install an automatic garage door opener for each unit.
11. The Applicant to provide evidence that such billboard lease has been terminated. Upon such termination, the Applicant shall provide proof to the Development Director that the billboard structure has been demolished and removed in a manner that assures the safety of residents of the Project, including the requirement that the Applicant obtain a d emolition permit for such removal.
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12. The applicant shall have the landscape and irrigation plans for the project prepared by a registered landscape architect and the proposed landscape areas sh all be lushly landscaped with drought -resistant planting and include garden type amenities enjoyed by the residents and other guests walking through the common open space area, subject to review and approval by the Development Services Director or designee.
13. The applicant to provide a detailed landscape and irrigation plans for the proposed “common” areas. The “common” areas shall be lushly landscaped with drought -resistant planting and include garden type amenities to be enjoyed by the residents and other guests walking through the area, subject to review and approval by the Development Services Department or designee.
14. The applicant shall submit a landscape and irrigation plan for all front yard and common areas landscaped areas including growing vines along the outside wall areas, subject to review and approval by the Development Services Director or Designee.
15. The landscaping plan shall be consistent and include recommended trees from the City’s Urban Forestry Management Plan.
16. During grading and constructi on phases, the construction manager shall serve as the contact person in the event that dust or noise levels become disruptive to surrounding businesses. A sign shall be posted at the project site with the contact phone number.
17. Gas meters, backflow prevent ion devices and other ground -mounted mechanical or electrical equipment installed by the developer shall be inconspicuously located and screened, as approved by the Development Services Department. (Location of this equipment shall be clearly noted on landscape construction documents.)
18. Electrical and other service facilities shall be located within an interior electrical room or approved comparable location. All electrical service facilities shall be fully screened from public view, as approved by the Planning Division.
19. The applicant shall underground all utilities and utility drops.
20. This establishment must comply with the City of Colton Municipal Code Section Performance Standards Title 18 (Zoning Code), Chapter 18.42 includes: Fire and explosion hazards; electrical interference; noise; vibration; smoke; odors; air quality; light; glare; liquid; and solid waste.
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21. The Applicant and/or Property Owner shall comply with all requirements of all reviewing agencies and shall comply with all applicable local, state , and federal rules, laws and regulations and licensing requirements.
22. The Applicant and/or Property Owner shall, at all times, maintain the property so as not to constitute a nuisance in the community.
23. This action by the Planning Commission shall be final unless an appeal of the action is filed with the City Clerk’s office in writing, pursuant to Section 18.58.100 of the Colton Municipal Code.
POLICE – CODE ENFORCEMENT
24. Comply with the requirements of the City of Colton Code Enforcement/Police, including the following:
a. Landscaping: Property manager or tenant will maintain all approved landscaping in good condition, including but not limited to adequate irrigation, mowing of grass, and replacing dead trees and shrubs. Above ground landscaping controls or b ackflow valves will be secured in a locked metal cage to prevent theft or vandalism. b. Loitering: Loitering is prohibited on or about the premises. No exterior fixtures or furnishings at or adjacent to the location that encourage loitering and nuisance behavior. No exterior pay telephones.
c. Litter/Graffiti: The exterior of the business and areas adjacent to the business over which they have control, including all signs and accessory buildings and structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter and debris from the premises and on all abutting sidewalks and parking lots within twenty (20) feet of the premises. Graffiti shall be completely removed or covered with a color-matching paint within forty-eight (48) hours upon notification. The expectation for graffiti cover up is to produce an appearance the graffiti never existed.
d. The applicant shall grant “right of access” by the City or agent to remove graffiti. e. Exterior Lighting: All lightning will be maintained in good working order. All lighting shall be shown on the required plot plans. Lighting shall be designed and installed in such a manner that provides adequate illumination to all parking spaces, stalls, walkwa ys, corridors, and stairways, insuring there are no dim, dark, or
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shadowed areas (other than shadows naturally cast beneath the actual vehicles.) Lighting level will be a minimum of 1 footcandle and average of 2 footcandle.
Lighting fixtures shall be suc h that the angle of projected light does not interfere or hinder the vision of police officers or security personnel patrolling the areas. All lighting will be properly shielded so as to not trespass or disturb neighboring residences, adjacent businesses, or persons while driving vehicles upon the roadway.
In the event a lighting fixture becomes inoperable, property management will have the lighting repaired within 72 hours.
f. General Parking: Parking lot shall be maintained in accordance with Title 18 of t he Colton Municipal Code, zoning ordinance requirements for paving and striping. g. Storage: Parking, driveways, common areas and trash areas will not be used for storage of hazardous materials, including but not limited to tires, waste oil, and inoperable or unregistered vehicles. Property manager or tenant shall promptly abate hazardous materials or inoperable vehicles. General exterior storage is prohibited in the residential apartments areas unless within designated storage areas. h. Right of Access: Permittee shall grant “right of access” to the City of Colton and its employees or agents for the purposes of monitoring compliance with these conditions, patrolling, investigating crimes, and enforcing laws and ordinances on the subject property. Permittee sh all grant “right of access” to the City of Colton and its employees or agents to remove graffiti and to determine if the applicant is in compliance with these conditions.
i. Exterior collection bins, donation receptacles, or storage containers are not permitt ed except by express approval of Development Services Director. j. Compliance with Applicable Laws. The permittee shall comply with all federal, state and local laws, including the Congregate Living Health Facilities (CLHF) regulations located under California Health and Safety Code, Section 1267.13. k. The permittee and/or licensee shall ensure that any security guard company, if used, initiates registration with the Colton Police Department at least 30 days in advance of security services being performed in th e City of Colton in order to facilitate City licensing per Colton Municipal Code section 5.50.
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l. Interior Lighting: All interior areas of the premises will be illuminated in a manner that provides lighting sufficient to illuminate and make easily discernable the appearance of all persons on or about the premises.
m. After hours Contact Information : Permittee/Property Manager will ensure after hours contact person information is kept current and on file with police department dispatch center. Ideally there shou ld be several persons available; each should be a key holder with knowledge of alarm reset codes, available to respond within 20 -30 minutes, and of sufficient authority to facilitate a board up or other emergency repair measures.
BUILDING
25. Shall comply with the latest adopted edition of the following codes:
California Building Standards Code (Title 24, California Code of Regulations) Building Code and its appendices and standards. The 2019 edition of the California Codes sunsets on December 31, 2019, whi ch becomes effective for all permit applications submitted on and after January 1, 2020 up to December 31, 2022. a) Building Code b) Building Security Code
c) Electrical Code
d) Energy Efficiency Standards
e) Fire Code
f) Green Code
g) Mechanical Code
h) Plumbing Code
i) Residential Code
j) City of Colton Municipal Code
26. The project developer/applicant shall comply with the City of Colton Water Efficient landscape Ordinance. The developer shall provide the Building and Safety division with all information regarding with the project’s water efficient requirements and compliance and methods.
27. The requirements of the Department of Environmental Health Services and the Air Quality Management District shall be satisfied prior to the issuance of a ny permit if hazardous materials are stored and/or used.
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28. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code and Regulations.
29. All exterior lighting shall be o rientated, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.
30. The removal and demolition of existing structures requires a Building Permit, It shall be as per separate plan review submittal.
31. Site Facilities such as parking (open and covered), recreation facilities, and trash dumpsters, shall be accessible per California Building Code (CBC) 11B.
32. All exterior lighting shall be orientated, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.
33. Automatic fire sprinkler systems shall be installed in all new construction per Article --, Chapter - - of the Code of the City of Colton. Design and type of system shall be based upon th e requirements of the Uniform Building Code, Uniform Fire Code and the requirements of the Division of Fire Protection, Planning & Engineering of the City of Colton Fire Department.
34. If hazardous substances are used and/or stored, a technical opinion and r eport, identifying and developing methods of protection from the hazards presented by the hazardous materials may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to the Building & Safety Division. This r eport shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter - mixing in the event of an accident or spill.
35. Prior t o final inspection, all plans will be placed on a CD Rom for reference and verification. Plans will include all project revisions and changes to original design. The CD will also include the projects energy calculations (Title 24) structural calculations, all additional supporting documents and all other pertinent information. It will be the responsibility of the developer and/or the building or property owner(s) to bear all costs required for this process. The CD will be presented to the Building and Safet y Division for review and approval prior to final inspection and building occupancy. The CD will become the property of the Colton Building and Safety Division at that time.
36. PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
a. School Fee Certificate – approved by applicable City of Colton school distric.
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b. Rough Grading signed off by the City of Colton public works inspector. c. A pad certification for each individual lot shall be provided to the B&S Division. d. Compaction report – by soils Engineer.
e. All Building Permit fees covered.
FIRE DEPARTMENT
37. The development shall conform with all the requirements of the city of Colton’s Municipal Code requiring on-site fire protection prior to construction.
38. A municipal water supply system (public fire hydrants) shall be provided, capable of providing the required fire flow for the proposed type of construction. Minimum fire flow for this project shall be 1500 gallons per minute.
39. An engineered automatic fire sprinkler system is required for this project. Detailed drawings and calculations shall be submitted to the fire department for review, approval and permit issuance, and prior to installation.
40. One-site fire hydrants may be required for this project and installed prior to construction.
Detailed drawings with suppo rting calculations shall be submitted to the Fire Department/Fire Safety Division for review, approval and permit issuance prior to installation.
41. Premise identification shall be provided in accordance with the City’s' Security Ordinance #0-13-89, Section X IV (residential), Section XV (commercial). Premise identification shall be contrasting to their background, a minimum 12” height and minimum 1 1/2” stroke with Arabic numbers or alphabet letters and internally illuminated by means of a low voltage power source during the hours of darkness.
42. If temporary fencing is used to enclose the construction site, at least two (2) means of unobstructed access must be installed and maintained in locations as to give maximum access to all parts of the site, and in accordance with the Fire Departments’ requirements.
43. All utilities shall be marked with the address of the units they serve.
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44. Portable fire extinguishers shall be required for this project. Size, type, and locations shall be determined by the fire department's field inspector.
45. The proposed facility's use and/or operations shall be designed and maintained in accordance with the 2018/2019 editions of the International Fire and Building Codes / California Fire and Building Codes (Title 24).
46. A fire alarm system designed; installed and maintained in accordance with National Fire Protection Association's Standard #72 (N.F.P.A. 72) shall be provided. Detailed drawings with supporting calculations shall be submitted to the fire department for review, approval and permit issuance, and prior to the installation.
47. Deferred plan submittals to the Fire Department and separate permits from the Fire Department are required on the following:
automatic fire suppression/sprinkler systems
onsite fire mains and fire hydrants
PUBLIC WORKS ELECTRIC
48. The project applicant shall provide load calculations for any increase in connected load on existing service panels. (The Electric Utility requires the information to determine if the utility’s distribution and service facilities are adequate for the increase in load)
49. The applicant shall provide an estimate of electric load schedule, prior to plan check review, subject to review by the Electric Division and Planning Division.
50. The applicant/developer shall comply with all customer service policie s and service requirements of the Electric Utility Department. The developer shall, when required, and at their own expense, install all conduit and vault systems associated with underground electric line extensions and street -lighting as per the Electric Utility's approved design.
The developer shall pay all fees and charges associated with the Electric Utility’s cost to provide electric service, including underground and overhead line extensions and street - lighting. The developer shall provide utility easements for all existing and proposed utility owned electric facilities within private property.
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51. Plans will only be approve via electronic copy along with the hardcopy. This is during Plan Check Phase. Please send PDFs to [email protected]
52. The Electric Department shall be notify if any interconnection (Solar, generator, etc) being made prior to construction.
53. The Auto Cad Plans shall include:
a. Proposed building(s) foot print, existing utilities, utilities pole, proposed transformers, address, vicinity map, center lines, contact person, property right-of- way lines, setback lines, station numbers, and assessor’s parcel number at 1” = 20’ scale.
b. Plans shall also show an easement covering the electrical facilities located on the property.
c. Plans shall include any notes pertaining to design/planning of electrical system. d. The applicant shall email approved plans and/or contact Electric Utility Planning/Engineering Department for any design / planning information.
54. The applicant shall, when required, and at their own expense, install all conduit and vault systems associated with underground electric line extensions and street -lighting as per the Electric Utility's approved design. The developer shall pay all fees and charges associated with the Electric Utility’s cost to provide electric service, including underground and overhead line extensions and street-lighting. The developer shall provide utility easements for all existing and proposed utility owned electric facilities within private property.
PUBLIC WORKS ENGINEERING
STREET IMPROVEMENTS
55. Submit a digital and hard copy set of street improvement plans for the off-site improvements (including signing and striping), prepared by a licensed civil engineer. The scale of this plan shall be no less than 1” = 40’.
56. All parkway and unpaved areas within the public right-of-way fronting the project shall be landscaped and maintained, including any open space areas and areas between the sidewalk and the right-of-way line. An automatic sprinkler systems shall be installed along Congress Street, Hert Street, and S. La Cadena Agua Mansa Road.
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57. Construct street improvements consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street trees, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications.
58. Since the project consist of 11 units or less, it will be screened out for VMT.
59. Dedicate additional right-of-way along the southeast corner of Hert St. and Congress St. to provide a corner cutback and an adequate line-of-sight clearance triangle. Nothing shall be constructed which does or exceeds 30 inches in height required to maintain appropriate corner sight distance and meet ADA compliance.
60. All project fronting improvements must meet ADA accessibility standards.
DRAINAGE
61. The property’s street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows.
62. The Storm Drain Plan for the proposed development shall be accompanied by hydrology and hydraulic analysis prepared by a licensed engineer and shall be designed per the San Bernardino County Hydrology Manual employing the rational method. The project may only discharge downstream an amount of storm run -off equivalent to the historic flow discharged prior to project development. The storm drain design shall incorporate the drainage from the existing tracts along the boundary of the proposed project. If required, all of the sheet flow shall be collected ons ite in a detention/retention basin within the development and shown on the Final Map. The detention/retention basin and open space areas shall be landscaped and maintained by the Developer.
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63. Submit to the City Engineer’s Office the Drainage and Erosion C ontrol plans for review and approval. These plans are to be prepared by a Civil Engineer registered in the State of California. Provide plan and profile for all storm drainage work.
64. Submit drainage/hydrology study calculations and a hydraulic analysis for both developed and undeveloped conditions to the City of Colton for review and approval. All of the drainage from each individual lot shall drain into the public right -of-way and not impact surrounding properties, or a drainage easement acceptance letter from the adjacent landowner must be obtained.
65. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right -of-way. When either of these criteria is exceeded, additional drainage facilities shall be installed.
GRADING
66. Submit to the City Public Works Department a separate Precise Grading Plan of a scale of 1” = 20’ prepared by a civil engineer registered in the State of California. The grading plan shall include a topographic contour map o f the site and 15 feet beyond the property lines, with a one-foot contour interval. This contour map shall be prepared within the last 12 months prior to a grading permit approval. The final Precise Grading Plan shall be a 4 mil mylar, which the City Engineer will sign and retain at the City Engineer Office for record.
67. A note shall be placed on the plan that states “All block walls and fencing shall be shown on the grading plan for reference only and shall be separately permitted by the City Building Department”
68. Place City Standards grading and drainage notes, including NPDES requirements on the grading plan.
69. A pad certification prepared by a licensed Civil Engineer registered in the State of California shall be submitted prior to issuance of building permits.
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70. Prior to final project acceptance, the applicant shall submit an as-built set of grading plans. No final will be authorized until as-builts are submitted to the Public Works Department.
71. Provide the Public Works Department with a separate Erosio n Control plan of a scale of 1” = 20’.
72. The applicant shall submit a preliminary Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system.
73. The applicant shall submit a final Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system prior to issuance of a grading permit.
74. Submit a letter to the Office of the City Engineer certifying that the owner is responsible for complying with the National Pollutant Discharge Elimination System Ordinance, during and after construction. In the letter, the following statement shall be included:
“No contaminated water shall be allowed to discharge on sidewalks, gutter, storm drains, parkways and driveways at any time.”
WATER AND WASTEWATER REQUIREMENTS
75. The development shall meet all the requirements as set forth by the water/wastewater department for water, sewer and pretreatment facilities.
76. All construction shall conform to the current edition of the specifications for Public Works Construction (Green Book), and the current standards and specifications of the City of Colton Water/ Wastewater Department.
77. All wastewater capacity fees must be paid prior to obtaining the certificate of occupancy.
Additional capacity fees may apply if the actual discharge exceeds the estimated flow established during initial approval. Service will be terminated if the fees are not paid.
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78. All connection fees and charges shall be levied at the rate scheduled by the City Council at the time of payment by the developer.
79. Submit Sewer Improvement Plans to the City Engineer for review and approval. The proposed sewer shall connect into the City’s sewer system.
80. Submit onsite utility plans to the City Engineer for review and approval.
81. All sewer lines shall be extra strength vitrified clay pipes, and the sewer main line shall be a minimum of 8” diameter or the size will be finalized during the design phase.
82. A sewer check valve shall be provided with a finished pad elevation lower than the rim elevation of the immediate up-stream sewer manhole.
83. Show on the plans the location of sewer mainline, nearest manhole, lateral servin g the project and configuration of tie-in mainline.
84. A note shall be placed on the plans stating the lateral location shall be marked on the curb with “S” for sewer.
PROJECT DEVELOPMENT
85. No final inspection will be performed until all Public Works Departme nt requirements pertaining thereto are in compliance.
STUDIES & REPORTS
86. Submit a soils report prepared by a registered geologist or soils engineer. This report should be based on soil samples taken from the site and should analyze the existing geotechnic al conditions of the site to determine if the existing soil is adequate for the development and safe from hazardous or deleterious materials. The report should also satisfactorily address the compaction and soil stability characteristics of the site. The number of soil borings performed on the site shall be strategically located throughout the site.
87. Submit a Traffic Scoping Agreement for review and approval by the City.
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FEES
88. A Plan Check fee for all improvement plans and studies for the proposed developme nt shall be paid prior to plan checking proceedings in accordance with the fee schedule in effect at the time the fees are paid.
89. Public Works Inspection Permits and fees are required prior to construction within the project site and the public right-of-way.
IMPROVEMENT PLANS
90. Improvement Plans for the proposed development shall be prepared as a separate set of drawing for each of the following categories
a) Precise Grading Plan and Plot Plan
b) Street and Storm Drain Plans
c) Sewer, Water, and On-Site Utility Plans
d) Electrical Improvement Plan
e) Landscape Plan
91. Submit a Precise Grading Plan to the City for review and approval. All of the grading shall conform to the latest edition of the Uniform Building Code (U.B.C.) and the grading permit must be obtained prior to t he commencement of any grading activity. Submit a soil analysis report prepared by a licensed engineer, along with a grading plan.
92. The Developer shall repair any areas of existing improvements that become damaged during any phase of construction of the p roject, as determined by the Office of the City Engineer.
The contractor working in the right -of-way must submit proof of a Class “A” Contractor License, City of Colton Business License, and liability insurance.
93. Submit a copy of the Title Report to the Engineering Division, not older than 90 days
94. All plans, including grading plans shall be drawn on 24” x 36” 4 mil Mylar.
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95. Original drawings shall be revised to reflect As -Built conditions by the Design Engineer prior to final acceptance of the work by the C ity. Water service lines, water meters, sewer laterals and electric, irrigation lines, etc., within the street right -of-way and 5’ outside of the street right-of-way shall be shown on the As -Built Water/Sewer Plans. Construction plans for gas, telephone, electric and cable TV etc., shall be submitted to the City for records.
96. A small index map shall be included on the title sheet of each set of plans, showing the overall layout of the public improvements.
97. Submit improvements plans to all affected utilities , including the Gas Company, Cable Companies, Verizon California, etc., prior to issuance of the Building Permit and transmit correspondence to the Engineering Division.
CONSTRUCTION & MAINTENANCE OF PUBLIC IMPROVEMENTS
98. All required water lines and fire h ydrants shall be installed and made operable before any building permits for framing are issued. This may be completed in phases if the construction work is in progress for emergency vehicles.
99. Vehicular access shall be maintained at all times to all parts of the proposed development, where construction work is in progress, for emergency vehicles.
100. All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, side walks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional w ork, testing, etc., shall be at the expense of the Developer.
101. All required public improvements shall be completed, tested, and approved by the Engineering Division prior to the issuance of any Certificate of Occupancy.
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102. In accordance with § 9.27.190 (E) o f the City of Colton Municipal Code, the applicant shall immediately remove any graffiti present before construction, during construction, and post construction.
PUBLIC WORKS – SUSTAINABILTY DIVISION
103. Complete the City of Colton Commercial Site and Building Recycling Plan application.
Comply with Chapter 6.16 – GARBAGE, REFUSE, AND RECYCLING of the City’s Municipal Code.
15.58.030 Site and Building Recycling Plan Requirements.
The applicant for any development activity subject to this chapter shall, as a condition of approval of that application, submit for review and approval a completed site and building recycling plan to the City's Building and Safety Division. The site and building recycling plan shall be based upon the application form of the building and safety department and consists of two (2) components (site plan and building recycling plan). The plan shall include the location and design of all existing and proposed recycling and trash enclosures, design of site access points for solid waste and recycling collection vehicles and a design of the grading of the site, operational criteria for the proposed use of the property and capacity requirements for the waste generation of the building. Businesses will be required to show proof of compliance.
Label trash, organics recycling on plans but green/organic waste - Trash Enclosure guide
(https://www.ci.colton.ca.us/DocumentCenter/View/6791/Colton-Space- Enlosure-Guidelines-with-Organics---FINALx?bidId=)
104. The applicant shall install two 24-inch box trees within the street landscape area in front of property, subject to review and approval by Public Works Department.
105. Abide by the City’s Tree palate as specified in the Urban Forestry Management Plan- http://www.coltononline.com/DocumentCenter/View/4004
GENUS SPECIES COMMON NAME
Koelreuteria K. bipinnata Chinese Flame
Zelkova Z. serrata Sawleaf Zelkova
Ulmus Ulmus parvifolia Chinese Elm
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Gleditsia Gleditsia triacanthos Thornless Honey Locust
Quercus Q. palustris Pin Oak
Quercus Q. rubra Red Oak
Quercus Q. shumardi Shumard Oak
Quercus Q. lobata Valley Oak
Sapindaceae Koelreuteria paniculata Goldenrain Tree
Pistacia Pistachia chinensis Chinese Pistache
Tabebuia Tabebuia avellanedae Ipe-roxo
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RESOLUTION NO. R-08-22
A RESOLUTION OF THE OF THE CITY OF COLTON PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COL TON
APPROVE CHANGE OF ZONE ADDING RESIDENTIAL OVERLAY (R -O) ZONE TO
ALLOW DEVELOPMENT OF A FIVE UNIT RESIDENTIAL APARTMENT PROJECT ON PROPERTY MEASURING APPROXIMATELY .27 ACRES LOCATED AT 300 WEST CONGRESS STREET WITHIN THE M-1 (LIGHT INDUSTRIAL) ZONE. (FILE INDEX NO. DAP-001-722).
WHEREAS, the Planning Commission of the City of Colton (“Planning Commission”) held a public hearing on April 26, 2022, after giving published notice to consider a recommendation to the City Council of a Zoning Map Amendment to Title 18 (Zoning) of the Colton Municipal Code recommending approval of Change of Zone adding Residential Overlay (R -O) Zone on property located at 300 West Congress Street (APN: 0163-272-01); and
WHEREAS, following the conclusion of said hearing, the Planning Commission adopted their Resolution No. R-08-22, recommending approval to the City Council of an Ordinance amending the Official Zoning Map adding Residential Overlay (R -O) to existing M -1 (Light Industrial) Zoned lot identified as 300 West Congress Street (APN: 0163 -272-01) and approved Resolution No. R-07-21, approving an Architectural and Site Plan Review for the construction of five unit apartment project on the subject property as conditioned; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF COLTON:
SECTION 1. The Planning Commission hereby adopts the recitals and findings with respect to the Ordinance for the Zoning Map Amendment, as set forth in the attached Exhibit “A” as it is fully set forth herein.
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Attachment: Attachment 2_R-08-22_DAP-001-722_300 West Congress Street (3610 : Zone Change - Residential Overlay (R-O) Zone)
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ORDINANCE NO. O-09-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AM END SECTION 18.06.020 (OFFICIAL ZONING MAP) ADDING RESIDENTIAL OVERLAY (R- O) ZONE ) TO THE EXISTING M -1 (LIGHT INDUSTRIAL) ZONE ON PROPERTY LOCATED AT 300 WEST CONGRESS STREET IN THE CITY OF COLTON (APN: 0163- 272-01) AND MEASURING APPROXIMATELY .27 ACRES IN AREA (FILE INDEX NO.
DAP-001-722).
WHEREAS, the Planning Commission of the City o f Colton (“Planning Commission”) held a public hearing on April 26, 2022, after giving published notice to consider a recommendation to the City Council of a Zoning Map Amendment to Title 18 (Zoning) of the Colton Municipal Code recommending approval of Change of Zone adding Residential Overlay (R -O) Zone on property located at 300 West Congress Street (APN: 0163-272-01); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby adopts the recitals and findings with respect to the Ordinance for the Zoning Map Amendment, as set forth in the attached Exhibit “A” as it is fully set forth herein.
SECTION 2. Pursuant to section 18.58.050 F. of Title 18 (Zoning Code), in considering any request for a change of zone, the City Council shall review if the following conditions prevail before the proposed Residential Overlay zone change be granted:
1. That the proposed change of zone is in conformity with the General Plan of the City , in that the proposed changes are consistent with the existing provisions of the Colton Zoning Code and are in the public interest since th ey more closely conform zoning regulations with development goals and the City’s General Plan. The proposed change of zone is consistent with recently adopted Housing Element Update which identifies
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Colton City Council Ordinance No. O-09-22
DAP-001-722 – Zoning Map Amendment – Residential Overlay to M-1 Lot
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the subject site to allow a Residential Overlay (R -O) Zone within the M -1 (Light Industrial) Zone because of its proximity to existing adjacent residential uses.
2. That there is a need in the community for more of the types of Uses Permitted by the zone, in that the proposed changes are would allow a five unit ap artment project at approximately 20 units per acre in compliance with Development Standards of Title 18 (Zoning Code) of the City’s Municipal Code.
3. That the proposed change of zone would not adversely affect the surrounding area or the community in gener al, in that the proposed Residential Overlay (R -O) Zone is consistent with surrounding residential neighborhood that includes one to two story homes. The scale and design of the five unit apartment project provides private and common open space that compl ies with the Municipal Code. All off street parking and setback requirements are in compliance with Title 18 (Zoning Code).
SECTION 3. The City Council hereby adopt the Ordinance, in substantially the form attached hereto as Exhibit “A,” as amended, which is incorporated by reference.
SECTION 4. The City Council of the City of Colton, in accordance with the California Environmental Quality Act, has found that the project will not have a significant impact on the environment and is Categorically Exem pt from CEQA under Article 19, Section 15332, Class 32 (Infill Development) of the CEQA Guidelines. This section pertains to the proposed project which does not rise to a level of significant environmental impact and will not be detrimental to the health and welfare of the surrounding neighborhood.
SECTION 5. Certification/Publication. The City Clerk shall certify to the passage of the Ordinance and cause the same or summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation published and circulated in the City of Colton.
SECTION 6. This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.
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Colton City Council Ordinance No. O-09-22
DAP-001-722 – Zoning Map Amendment – Residential Overlay to M-1 Lot
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PASSED, APPROVED AND ADOPTED this ___day of _____2022.
FRANK J. NAVARRO
Mayor
ATTEST:
CAROLINA A. PADILLA
City Clerk
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Attachment: Attachment 3_Ordinance No. O-09-22_DAP-001-722 (3610 : Zone Change - Residential Overlay (R-O) Zone) EXHIBIT “A” OF PLANNING COMMISSION RESOLUTION NO. O-09-22 N.T.S.
Existing Zoning – 300 West Congress Street to change from M-1 (Light Industrial) to M-1 Light Industrial with R-0 (Residential Overlay) 300 West Congress Street to change from M-1 (Light Industrial) to M-1 Light Industrial with R-0 (Residential Overlay)
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Attachment: Attachment 3_Ordinance No. O-09-22_DAP-001-722 (3610 : Zone Change - Residential
ITEM NO. 3
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO
INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COLTON TO MODIFY RESIDENTIAL
RATE- SB 1383 COMPLIANCE, ORDINANCE NO. O-10-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Ordinance O-10-22 of the City Council of the City of Colton to approve Solid Waste Rate Adjustment to the Amended and Restated Agreement between the City of Colton and Republic Services as Assigned to CR&R Incorporated for Collection of Municipal Solid Waste, Collection and Processing of Residential Organic Waste for Compliance with SB 1383.
THIS ITEM WILL BE CONTINUED TO THE REGULAR CITY COUNCIL MEETING OF JUNE 21, 2022, AT 6:00PM
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ITEM NO. 4
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO
APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF COLTON UPDATING THE MASTER FEE
SCHEDULE FOR SERVICES PERFORMED BY THE COMMUNITY
SERVICES DEPARTMENT, RESOLUTION NO. R-41-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1) Approve and Adopt Resolution R-41-22, updating the Community Services Department Fee Schedule for implementation June 8, 2022 in the summer edition of the Colton Connection.
BACKGROUND
Each year with the Annual Budget preparation process, th e Community Services Department reviews all fees and costs associated with offered programs and activities. The CSD Fee Schedule was last updated with Council Approval on May 18, 2021. The Community Services Department has the largest contingency of part -time, entry -level employees in the City. With the recent mandated minimum wage increase, the part -time labor budget has increased. In order to maintain appropriate levels of service, certain fees are being recommended for increase in direct alignment with the cost of labor and supply cost increase.
ISSUES/ANALYSIS
Due to the mandated minimum wage increase and rise in inflation , the Recreation industry has seen an increase in costs both in part-time labor and in supplies. Staff benchmarked specific fees against agencies serving similar communities and has developed a consistent way to evaluate our
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Staff Report to the Mayor and City Council
Fee Update - Community Services Department Fees
June 7, 2022