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
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4
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, MARCH 21, 2023 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
NO CLOSED SESSION
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules perta ining 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 Conrad Valdez - Echoes of Love Ministry
FLAG SALUTE
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition - CHS Football All-Stars
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 par ticipant 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
Code Compliance and Housing Appeals Board (CCHAB) - District 3 - George Botello
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 e xtend or limit time as provided for in the City Council Manual of Procedure.
Please state your name and your City of Residence before providing your comment.
3 (1) Weed Abatement Public Hearing - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO DISCUS S THE CITY’S WEED ABATEMENT PROGRAM.
[Staff Person: Tim McHargue]
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) Title 16 Subdivision Ordinance - Waive Full Reading, Read By Title Only and Pass First Reading of 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-03-23.
[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 __________
BUSINESS ITEMS
There are no Business Items schedules for this meeting.
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.
Please state your name and your City of Residence before providing your comment.
4 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 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.
(3) Warrants - Approve US Bank voucher dated 01/26/2023 and totaling $35,553.61; voucher numbers 204051 to 204172 dated 02/16/2023 and totaling $477,874.18; voucher numbers 204173 to 204286 dated 02/23/2023 and totaling $1,356,663 and a payroll disbursement listing dated 01/07/2023 to 01/20/2023 and totaling $916,233.86.
[Staff Person: Stacey Dabbs]
(4) City Treasurer's Report - Receive and File City Treasurer's Report for December 2022. [Staff Person: Aurelio De La Torre]
(5) Annual Housing Progress Report - 2022 - Approve and Adopt a Resolution Adopting the Annual Housing Progress Report for 2022, RESOLUTION NO. R-24-23.
[Staff Person: Mark Tomich]
(6) Contract Amendment - CNS Engineering, Inc. - Approve Amendment No. 2 for Professional Services Agreement with CNS Engineers, Inc. for Waterline Relocation Design and Truck Detour Study for the Barton Bridge Removal and Road Construction Project.
[Staff Person: Brian Dickinson]
(7) Contract Amendment - Hardy Harper Citywide Asphalt Paving - Approve and Adopt Resolution Approving Contract Amendment No. 1 to Hardy & Harper Inc., for the City Wide Asphalt Paving Project, RESOLUTION NO. R-20-23.
[Staff Person: Brian Dickinson]
(8) Contract Award - Brickley Environmental - Award Contract to Brickley Construction Company, Inc. for Mold and Asbestos Removal Services at Fire Station #212, RESOLUTION NO. R-19-23. [Staff Person: Brian Dickinson]
(9) Contract Award - Lee & Ro Inc. - Award of Contract to Lee & Ro Inc. for the Center Street Sewage Lift Station Project.
[Staff Person: Brian Dickinson]
(10) Notice of Completion - Gonzalez Center Generator Project - Approve a Notice of Completion for Gonzalez Center Generator Project.
[Staff Person: Brian Dickinson]
(11) Notice of Completion - HSIP Crosswalk Improvements - Approve a Notice of Completion for the HSIP Crosswalk Improvement Project.
[Staff Person: Brian Dickinson]
(12) Notice of Completion - Hutton Center Patio Improvements - Approve a Notice of Completion for the Hutton Center Patio Improvements Project.
[Staff Person: Brian Dickinson]
(13) Purchase - National Auto Fleet Group - Authorize Piggyback on the State of California's Bid Award to National Auto Fleet Group, for the Purchase of Vehicles in the Public Wor ks & Utility Services Department. [Staff Person: Brian Dickinson]
(14) Purchase - Quinn Company - Approve and Adopt a Resolution to Purchase a Compact Track Loader for the Storm Water Division, RESOLUTION NO. R-18-23.
[Staff Person: Brian Dickinson]
5 (15) Stop Sign - Coro Drive at Poema Avenue - Approve Installation of Stop Control devices along Coro Drive at the intersection of Poema Avenue.
[Staff Person: Brian Dickinson]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoin g agenda was posted , 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 the 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 un der 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 an d 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 p rohibit 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.
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 of 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 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.
7 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 challeng e in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising 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 consider ation 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: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO DISCUSS THE CITY’S WEED ABATEMENT PROGRAM.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Conduct a Public Hearing for those property owners who wish to protest the abatement of weeds on their property.
2. Close the Public Hearing and direct th e Fire Chief or his designee to abate the stated nuisance by having the weeds, rubbish, refuse, or dirt removed.
BACKGROUND
As allowed by the Government Code, each year the C ity conducts a comprehensive weed abatement program to address the annual growt h of weeds and the accumulation of trash and debris on the vacant lots located within the city. By means of the declaration by Resolution of a Public Nuisance, notification by mail and the Public Hearing, the City is authorized to abate the weeds.
Twice a year, in the spring and again in the fall, a list and mailing labels of all unimproved parcels within the City is obtained from D&W Consulting. Notices conforming to the Government Code are sent to approximately 850 parcels identified as unimproved wi thin the City. Property owners are given a due date to complete the abatement, after which a physical inspection of each parcel is conducted to check for compliance. Those properties not in compliance are then scheduled for abatement by the City’s appointed contractor.
1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
Public Hearing - Weed Abatement
March 21, 2023
The properties that require abatement through the City are then invoiced for the cost of the contractor and an administrative charge of $856.00. The costs recovered through the direct billing method fluctuate from year to year, with an average collection rate of approximately 10%.
Those invoices which are not paid by the designated deadline are then placed upon the County Tax rolls for collection with the owner’s annual tax bill.
ISSUES/ANALYSIS
At the regular City Council Meeting on March 6, 2023, the City Council approved Resolution Number R -16-23 declaring weeds, rubbish and trash a public nuisance and directing the Fire Chief to give notice and provide for the abatement.
Currently, the City is entering into the Spring Program. N otices will be sent to all vacant property owners as identified. Abatement proceedings are scheduled to begin June 1, 2023.
FISCAL IMPACTS
Total contractor fees for the 2023 Spring Weed Abatement Program are estimated at approximately $45,000. Addition al associated operating costs are estimated at $2,000 and include items such as mailings and like incidental costs. These “pass -through” costs are recouped through direct billing and the County Tax Rolls. Funds budgeted in 2022 -2023 Fiscal Year will cove r the initial program costs associated with office supplies. Funds yet to be budgeted for the 2023 -2024 Fiscal Year will cover those contractor costs billed beginning on July 1, 2023.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENTS
None.
1.1 Packet Pg. 9
ITEM NO. 2
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST
READING OF 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- 03-23.
RECOMMENDED 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-03-23 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 and recreation facilities dedication and fees. This update is needed in order to achieve
1.2 Packet Pg. 10
Staff Report to the Mayor and City Council
Title 16 Subdivision Ordinance Update
March 21, 2023
consistency with legislation adopted over the past 45 years, including recently adopted legislation, such as Senate Bill 9, addressing “Urban Lo t Splits” within single -family zones that took effect on January 1, 2022.
On December 14, 2021, the Planning 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 W ork/Engineering staff, Planning staff and the City Attorney carefully reviewed each of Mr. McKhann’s comments and determined that most comments consisted of policy disagreements with the proposed Ordinance, not substantive errors. However, some incorrect cross-references and outdated terminology were 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 Hills area and Reche Canyon Specific Plan area. The public hearin g was continued to June 7, 2022 in order for staff to consult with the City Attorney to provide additional information as to Colton’s options regarding SB 9 compliance.
On June 7, 2022, the City Council public hearing heard from the City Attorney regardin g the SB 9 (Lot Splits) provisions of the Subdivision Ordinance Update. The City Attorney reiterated that Colton’s proposed language for SB 9 compliance are written to provide the most restrictive interpretation allowed by law. Following discussion by th e City Council, MPT Koperski/Mayor Navarro made a motion and second to waive full reading, read by title only and introduce Ordinance No. O -01-22 (Subdivision Ordinance Update with SB 9 Compliance). The motion failed on a final vote of 4 Nos and 3 Yes. Th e City Council provided the following direction to staff:
· Provide an explanation of the obligation to have an ordinance in place to comply with SB 9; · Include definitive verbiage as it relates to high fire areas in the City of Colton; and · Explain the timeline for the City of Colton to be in compliance with SB 9.
The Analysis Section of this staff report includes a discussion of the direction provided by the City Council.
1.2 Packet Pg. 11
Staff Report to the Mayor and City Council
Title 16 Subdivision Ordinance Update
March 21, 2023
ISSUES/ANALYSIS
Explanation of the obligation to have an ordinance in place to comply with SB 9 On September 16, 2021, Senate Bill 9 (SB9) was signed by Governor Gavin Newsom and took effect in January 2022. SB 9 legislation requires any city, county, or City and County, whether general law or chartered to comply with the new l egislation. A local agency is not obligated to have their own lot split ordinance, however, the City will then default to the general requirements of the legislation signed by the Governor. The City’s standards for SB 9 compliance are more restrictive than the legislation, itself.
Include definitive verbiage as it relates to high fire areas in the City of Colton The proposed ordinance prepared by staff includes additional objective design standards, and the proposed Code Amendment is written with the most restrictive interpretation allowed by law within “High Fire Zone .” For example, the proposed Colton Urban Lot Split requirement 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 dwellings in a Very High Fire Hazard Severity Zone (which includes both La Loma Hills and Reche Canyon areas), fire sprinkler requirements for all enclosed structures (this may be interpreted 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 authority 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 (Attachments 2 and 3).
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 if 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 split within ‘High Fire Zones.”
Explain the Timeline for the City of Colton to be in compliance The effective date of SB 9 was in January 1. 2022. Approximately 12 lot split inquiries have been received since January 2022 regarding properties located in the downtown area, northw est portions of the City, La Loma Hills area and South Colton neighborhoods. As of this date, no “Urban Lot Splits” applications have been received.
General Subdivision Ordinance Update
The proposed Subdivision Ordinance will amend, repeal and replace th e current Ordinance. The proposed Ordinance retains some of the existing language because no changes are proposed in
1.2 Packet Pg. 12
Staff Report to the Mayor and City Council
Title 16 Subdivision Ordinance Update
March 21, 2023
these areas at this time (e.g., park dedication language). The following table provides highlights of the proposed update to the Subdivision Ordinance:
Subdivision Ordinance Update 2023 Highlight description The proposal new Subdivision Ordinance is to
amend, repeal and replace the current
Ordinance. The proposed Ordinance retains
some of the existing language because no
changes are proposed in these areas at this
time. The table below provides highlights of
the proposed update to the Subdivision
Ordinance: Chapter 16.12 Procedures and
Requirements - General
This chapter includes added section for Lot
Line Adjustments.
Chapter 16.12 Procedures and Requirements Section 16.12.070, addressing Lot Line Adjustments, was added to Chapter 16.12.
Chapter 16.18 Vesting Tentative Maps Updated to include commercial and industrial subdivisions and added language related to
filing requirements.
Section 18.16.070 Tentative Map - Contents Updated to also include the authority for staff to request for other materials, information and
reports/ analysis for proper evaluation of a
subdivision.
Chapter 16.22 Urban Lot Splits New language required as part of SB 9 compliance with the most restrictive language
as allowed by law.
Chapter 16.32 Enforcement and Penalty Updated to reflect updated fines of $1000.00 consistent with current penalty requirements.
Urban Lot Splits. The new Subdivision Ordinance includes text recommended by the City Attorney to comply with SB 9. There were only two areas where the City has authority to add requirements (red text shows City input):
1. Section 16.22.050 10. 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.
2. Section 16.22.050 10. 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.
3. Section 16.22.050 10. H. Architecture. There were five general architecture requirements. Staff is recommending additional objective standards be included - In yellow highlight color below.
1.2 Packet Pg. 13
Staff Report to the Mayor and City Council
Title 16 Subdivision Ordinance Update
March 21, 2023
(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, colo r, 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 priva cy 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 tra sh 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 righ t-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
1.2 Packet Pg. 14
Staff Report to the Mayor and City Council
Title 16 Subdivision Ordinance Update
March 21, 2023
(for windows and for doors) utilize frosted or obscure glass.
Staff conducted an a nalysis of the number of potential lots that could be subdivided. A total of approximately 1,067 lots could potentially be subdivided. An estimated 1,447 single -family lots are located within a historic district, therefore; the original count is likely a n over-count because not all lots can meet the minimum standards to qualify for an urban lot split. The following table provides the breakdown of the lots zoned for single-family residential purposes.
Zones Lots
V-L (Very Low Density Residential) 70
R-1 (Low Density Residential) 1424
Reche Canyon Specific Plan (RCSP) Rural Density 14
RCSP Residential Estate 443
RCSP Low Density Residential 610
Total Single-Family Purpose Zones 2561
Properties within Historic Districts in R-1 Zones 1447
Total Potential Lots that may qualify 2561-1447 = 1067 Note: No lots were identified as a urban lot split lot in the HUB City Center Specific Plan. The existing small lot subdivisions do not qualify, nor would mixed-use housing developments qualify for SB 9 lot splits.
ENVIRONMENTAL DETERMINATION
This ordinance is 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 n ot 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 cod e 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 approximatel y 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
1.2 Packet Pg. 15
Staff Report to the Mayor and City Council
Title 16 Subdivision Ordinance Update
March 21, 2023
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 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 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
(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 h as 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 L ine Adjustments, updated Vesting Tentative Map requirements and in addressing 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. Attachment 1 - 2022-06-07 FINAL MINUTES
2. Attachment 2 - Ordinance No. O-03-23
3. Attachment 3 - Exhibit-A - Subdivision Ordinance
1.2 Packet Pg. 16
2022 MAY 03 CC/CUA/ CPFA/ CHA MEETING 1 -
CITY COUNCIL/ COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
June7, 2022
Regular Meeting held on the above-given date at 6:00 p.m. in City Hall, located at 650 North La CadenaDrive, Colton, California with Mayor Navarro presiding.
INVOCATION: Pastor Don Duenez- Echoes of Love Ministry
FLAG SALUTE: American Legion Post 155 Member Steve Ferrance
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager
David J. Toro Carlos Campos, City Attorney
Ernest R. Cisneros Carolina R. Padilla, City Clerk
Kenneth J. Koperski, Mayor Pro Tem
Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Colton Queen and her Court
Erlinda Armendariz, Miss Colton PageantCoordinator, introduced The Miss Colton/Teen Miss Colton for 2022 and their court:
Miss Colton 2022
QueenChantelle Martinez
1stMiss Princess Maggie Calderilla
2ndMiss PrincessLexi Saragosa
Teen Miss Colton 2022
Queen Lesley Yanez
1stTeen PrincessBrook Carlson
2ndTeen Princess Mariah Perez
Introduction of HomelessSolutions Coordinator - Alexis Saucedo Director Farrar introduced Alexis Saucedo the new Homeless Solutions Coordinator, Community Services Department.
Proclamation - Colton Teachers Appreciation Day – June 7, 2022 CM González read the Colton TeachersAppreciation Day Proclamation; certificates presentedto the following teachers of the Colton Joint Unified School District:
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Attachment: Attachment 1 - 2022-06-07 FINAL MINUTES (3804 : Title 16 Subdivision Ordinance Update) 2022 MAY 03 CC/CUA/ CPFA/ CHA MEETING 2 -
Frank Acosta
JennieBlinkinsop
Eva Heras
Miriam Borja
Christina Perris
Kenneth Tabor
Presentation - Colton Joint Unified School District - Recognition of Colton Donors Representatives from the Colton Joint Unified School Districted presented Banners to each Colton Donors who contributed towards the purchaseof a “Tunnel” entrancewill be usedat Colton High School sporting events:
Colton Police Department
Israel Fuentes
Councilman IsaacSuchil
Colton Fire Department
Eric Suchil from MM Transport
Gary Grossich from Nickelodeon Pizza
Mayor Frank Navarro
Pacific Rail
Leno Moreno from Leno's Tacos
Ohm Kongtang from GT Imprints
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JUNE 7, 2022.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attendedat the expense of the City. ( GC Section 53232. 3(d).
CM Echevarria & CM Suchil attended on behalf of the City of Colton City Council the Annual ICSC 2022 LAS VEGAS conference, held May 22-24, 2022 at Las Vegas, Nevada convention center.
PUBLIC HEARINGS
1) Subdivision Ordinance Update and SB 9
TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING CONTINUED FROM MAY 3, 2022 TO INTRODUCE BY TITLE ONLY, 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
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Attachment: Attachment 1 - 2022-06-07 FINAL MINUTES (3804 : Title 16 Subdivision Ordinance Update) 2022 MAY 03 CC/CUA/ CPFA/ CHA MEETING 3 -
AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. ( FILE INDEX NO. DAP- 001- 723), ORDINANCE NO. O- 01-22.
Mayor Navarro declared openedthe continued Public Hearing.
City Clerk Padilla submitted the Notice of Continuance of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Director Tomich, Development Services, and Mario Suarez, Planning Manager, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
The following community membersaddressedthe Council: CelesteCarlos and Scott McKhann.
Motion and Secondby CM Suchil/González to close the public hearing.
Vote: Motion carried with CM Suchil voting NO.
Motion and Second by MPT Koperski/ Mayor Navarro to waive full reading, read by title only and introduce Ordinance No. O-01-22.
Vote: Voting NO: CM Cis/ Gon/ Ech/ Suc; Voting YES: CM Tor/ MPT Kop/ Mayor Nav
MOTION FAILED
Direction to Staff
Explanation of the obligation to have an ordinance in place to comply with SB9.
Include definitive verbiage asit relatesto high fire areasin the City of Colton.
Explain the timeline for the City of Colton to be in compliance. 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.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing ( on file in the City Clerk’ s Office) and there were no reports of protestsor objections thereto.
Staff Presentation
Manager Suarez presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
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Attachment: Attachment 1 - 2022-06-07 FINAL MINUTES (3804 : Title 16 Subdivision Ordinance Update) 2022 MAY 03 CC/CUA/ CPFA/ CHA MEETING 4 -
Motion and Secondby CM Suchil/CM González to close the public hearing.
Vote: Unanimous
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Manager Suarezand City Attorney Campos.
Motion and Second by CM González/MPT Koperski to waive full reading, read by title only and introduce Ordinance No. O- 09- 22.
Vote: Unanimous
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.
Mayor Navarro declaredthe Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Mayor Navarro announced, with no objection by councilmembers present, the public hearing continued to June 21, 2022.
4) FeeUpdate - Community ServicesDepartment 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.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing ( on file in the City Clerk’ s Office) and there were no reports of protestsor objections thereto.
Staff Presentation
Director Farrar presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Motion Second by CM González/ CM Suchil to close the public hearing.
Vote: Unanimous
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Director Farrar.
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Attachment: Attachment 1 - 2022-06-07 FINAL MINUTES (3804 : Title 16 Subdivision Ordinance Update) 2022 MAY 03 CC/CUA/ CPFA/ CHA MEETING 5 -
Motion and Second by CM González/ CM Cisneros to approve and adopt Resolution No. R- 41-22.
Vote: Unanimous
Public Comment
The following community members addressed the Council: Mark Garcia; Jessie Parks; Claudia Cooley; Christine Irish-Ré; Darby Osnayaand Pam Lemos
CONSENT CALENDAR
Mayor Navarro presentsthe ConsentCalendar Items 5 through 25.
Motion and Secondby CM González/MPT Koperski to approve the consentcalendarItem 5 through 25.
Vote: Unanimous with CM Suchil voting NO on Item 10.
5) Minutes - Approval of Minutes for the City Council Regular Meeting Held on May 17, 2022. 00 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 totaling 959, 725. 90.
7) City Treasurer' s Report - Receive and File City Treasurer' s Report for March 2022. 8) Agreement - Cal- Fire - Approve and Adopt a Contract for Wildland Protection Agreement with Cal Fire, RESOLUTION NO. R-55-22.
9) Agreement - AT& T Consulting & Network Integration Services - Approve Agreements with AT& T Corp. for Microsoft 365 Migration.
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.
11) Contract Amendment - CMY Solutions - Approve the First Amendment to the Contract with CMY Solutions LLC, for Electric Engineering Support.
12) Contract Award - Dennis Grubb & Associates LLC - Approve Contract with Dennis Grubb & Associates, LLC for Fire Department Plan Check Consultant Services. 13) Contract Award - Electric Utility Rate Study - Award of Contract to EES Consulting for the Electric Utility Rate Study.
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Attachment: Attachment 1 - 2022-06-07 FINAL MINUTES (3804 : Title 16 Subdivision Ordinance Update) 2022 MAY 03 CC/CUA/ CPFA/ CHA MEETING 6 -
14) Contract Award - Metro Builders - Approve Contract Award to Metro Builders & Engineering Group for the Hutton Center Patio Improvement Project.
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.
16) Emergency Update - M Street Line Repair - Approve M Street Line Repair Emergency Update and Continuance of Emergency.
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. 18) Contract Award & ReimbursementAgreement - 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. 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.
20) Purchase - Fire Department Vehicle - Authorize the Purchaseof a 2023 Chevy Silverado 2500HD for the Fire Department.
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. 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 LandscapeLighting and Maintenance District I for Fiscal Year 2022/2023, RESOLUTION NO. R-52- 22, R-53-22, and R-54-22.
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 Assessments for Landscape Lighting and Maintenance District II for Fiscal Year 2022/ 2023, RESOLUTION NO. R- 56- 22, R-57-22, & R-58-22.
24) Set Public Hearing – Storm water Fees - Set the Public Hearing Date of June21, 2022 for the Basic Fee for Storm Water Servicesand Storm Water Management User Fee. 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.
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Attachment: Attachment 1 - 2022-06-07 FINAL MINUTES (3804 : Title 16 Subdivision Ordinance Update) 2022 MAY 03 CC/CUA/ CPFA/ CHA MEETING 7 -
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Commentsfrom Mayor, Council and City Treasurer on various issuesand activities throughout the community.
CITY MANAGER' S REPORTS
None
ADJOURNMENT
At 7:57 p.m.. Mayor Navarro adjourned the Regular Council Meeting Carolina R. Padilla
City Clerk
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Attachment: Attachment 1 - 2022-06-07 FINAL MINUTES (3804 : Title 16 Subdivision Ordinance Update) 1 2
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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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Attachment: Attachment 2 - Ordinance No. O-03-23 (3804 : Title 16 Subdivision Ordinance Update) 1 2
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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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Attachment: Attachment 2 - Ordinance No. O-03-23 (3804 : Title 16 Subdivision Ordinance Update) 1 2
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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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Attachment: Attachment 2 - Ordinance No. O-03-23 (3804 : Title 16 Subdivision Ordinance Update) 1 2
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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: Attachment 2 - Ordinance No. O-03-23 (3804 : Title 16 Subdivision Ordinance Update) 1 2
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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: Attachment 2 - Ordinance No. O-03-23 (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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
16.38.0650 - Standards to Merge Lots.
16.38.060 - Procedures.
Chapter 16.40 – PLANS AND SPECIFICATIONS
16.40.010 – Filing.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 accepta nce 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 entity , 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 with in 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 t he 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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, developer, 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 publ ic 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 such 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 the County Recorder. A record
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 compan y 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 number 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 im provements, 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 subdivision, 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 caus e 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 within 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 complianc e, 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 of 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 provisi ons of this Title 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 dep artment, 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 engineering 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, libraries, 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 Section 16.12. 100, either approve, conditionally approve, or disapprove such tentative map. Such ac tion 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 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 th e 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 t he 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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; 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 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 requi red, 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 surveyor, 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 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 dimensions, 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 su ch 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 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 which 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 time 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 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 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. 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 bound aries of such remainder if such remainder has a gross area of five acres or more.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 issuanc e 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 parcel 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 deter mination 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 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 Tentative Map Statute"), and may be cited as the vesting tentative map ordinance.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 m ap 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 vesting tent ative 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 gradin g plans;
7. Solar access, passive or natural heating or cooling opportunities analysis;
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 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 other wise 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 t o 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 ob struct 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 area s 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 arterial 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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. “In dividual 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 cit y 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 prop erty. (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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 Code, 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 grad e 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 shall 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 of fsite 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 percolat ion 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 applicant 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 created 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 minister ial.
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 urba n lot split if the building official makes a written finding, based on a preponderance of the evidence,
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 public 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 writt en 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 an d density standards on 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 agreed 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 contractor 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 improvemen ts.
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 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 sub division 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 properties 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 by 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 adopted by the city council.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 committe e 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 o f 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 the Subdivision of airspa ce 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 Parks, 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 purposes. 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 La w 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 for 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 County 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 such 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 dedication is not desirable as provided in this section. The Fair Market Value of the land and Recreational Facilities provided
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 su bdivided 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 fift y 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 of 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 U sed 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 inspection, 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 collect ed 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 recordation 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 committed 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 wi ll 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 the 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 16.28 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 Resolution of the City Council.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
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 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 wi thin 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 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 wate r supply;
4. Does not meet slope stability standards;
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.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) Colton, California, Code of Ordinances
Title 16 SUBDIVISIONS
Colton, California, Code of Ordinances
(Supp. No. 33)
16.38.060 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 street or right - of-way, easement, lot or parcel of land where improvements are required or pr oposed, 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.
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, the Engineer or surveyor must set sufficient durable monuments to conform with the standards described in Section 8771 of
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances
(Supp. No. 33)
Exhibit - A
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 curv ed 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 1.5-inch iron pipe 18 inches long, filled with concrete 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 monuments must be not less than six inches or more than 30 inches.
3. Set one-inch 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 in 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.
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 foot.
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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update) 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 ease ments.
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 dedi cation 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: Attachment 3 - Exhibit-A - Subdivision Ordinance (3804 : Title 16 Subdivision Ordinance Update)
ITEM NO. 3
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 01/26/2023 AND
TOTALING $35,553.61; VOUCHER NUMBERS 204051 TO 204172
DATED 02/16/2023 AND TOTALING $477,874.18; VOUCHER
NUMBERS 204173 TO 204286 DATED 02/23/2023 AND TOTALING
$1,356,663 AND A PAYROLL DISBURSEMENT LISTING DATED
01/07/2023 TO 01/20/2023 AND TOTALING $916,233.86.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve US Bank voucher dated 01/26/2023 and totaling $35,553.61; voucher numbers 204051 to 204172 dated 02/16/2023 and totaling $477,874.18; voucher numbers 204173 to 204286 dated 02/23/2023 and totaling $1,356,663 and a payroll disbursement listing dated 01/07/2023 to 01/20/2023 and totaling $916,233.86.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
March 21, 2023
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
3 Packet Pg. 95
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 4
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR
DECEMBER 2022.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and File City Treasurer’s Report for December 2022.
ATTACHMENT
1. Treasurer's report December 2022
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ITEM NO. 5
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION ADOPTING THE
ANNUAL HOUSING PROGRESS REPORT FOR 2022, RESOLUTION
NO. R-24-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Adopt Resolution No. R-24-23 approving the 2022 Housing Element Annual Progress Report for the State Department of Housing and Community Development (HCD).
BACKGROUND
The General Plan Housing Element contains programs to facilitate the production of housing pursuant to goals established by the State and regional planning agencies, which in Colton’s case is the Southern California Association o f Governments (SCAG). These goals are the result of State housing law directives which require that every jurisdiction to accommodate its “fair share” of housing in all income levels and establish programs toward accomplishing regional and statewide housing goals.
Government Code section 65400 requires that each city, county, or city and county, prepare an Annual Progress Report (APR) on the status of the housing element of its general plan and progress in its implementation using forms and definitions a dopted by the Department of Housing and Community Development (HCD). The Government Code section 65400 also requires the Annual Report to be provided to the legislative body (City Council). The annual report measures the City’s progress in meeting its sha re of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing.
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Staff Report to the Mayor and City Council
Annual Housing Progress Report - 2022
March 21, 2023
ISSUES/ANALYSIS
The Annual Report includes the number of housing units t hat were entitled, the number of housing units that were issued building permits, and the number of housing units that were submitted for plan check that have not yet been issued building permits for the calendar year of 2022. The report shows that in 202 2, the City of Colton issued 28 building permits for Single Family Detached (SFD) Above Moderate Income housing units, 17 building permits for Single Family Attached (SFA) for Above Moderate Income housing units, and 10 building permits for Above Moderate Income Accessory Dwelling Units (ADU) for a total of 55 single family units.
Twenty-one housing applications for Moderate Income housing units were submitted for plan check for building permits but have not yet been issued.
For the 2021 – 2029 planning period, Southern California Association of Governments (SCAG) assigned Colton a Regional Housing Needs Allocation (RHNA) of 5,434 housing units which was categorized into very low, low, moderate, and above moderate household incomes. The RHNA is based on population and housing needs projections made by the State and assigned to the regional Councils of Government (COGs) throughout California. The regional COGs, in turn, allocate housing to its member jurisdictions which are required to incorporate into th eir Housing Element. SCAG fulfills this role for the six-county region that includes Colton. The baseline for growth projection for this planning period consisted of 5,434 new construction units. The affordability designations are as follows:
Very Low – 1,318 units
Low – 668 units
Moderate – 906 units
Above Moderate – 2,542 units
In 2022, 55 building permits were issued for Above Moderate units (attachment – Table B).
Also required for the report is a Program Implementation Status that describes progr ess of all programs implemented to help achieve the objectives and goals of the Housing Element (Attachment – Table D).
FISCAL IMPACTS
None.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. City Council Resolution No. R-24-23
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Staff Report to the Mayor and City Council
Annual Housing Progress Report - 2022
March 21, 2023
2. City of Colton Housing Progress Report (Excel sheets) - 2022 5 Packet Pg. 177
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RESOLUTION NO. R-24-23
A RESOLUTION OF THE CITY OF COLTON ADOPTING
THE 20 22 HOUSING ELEMENT ANNUAL PROGRESS
REPORT (APR) FOR THE STATE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT (HCD)
(GOV. CODE SECTION 65400)
WHEREAS, California Legislature requires that each city prepare an annual progress report (APR) on the status of the housing element of its ge neral plan and progress in its implementation using forms and definitions adopted by the Department of Housing and Community Development (HCD) (Gov. Code Section 65400); and
WHEREAS, Section 65400 of the Government Code requires the Housing Element Annual Progress Report (APR) to be provided to the legislative body (City Council) for adoption ; and
WHEREAS, the City of Colton (“City”) has prepared the Hous ing Element Annual Progress Report for 2022.
NOW, THEREFORE, the City of Colton hereby resolves as follows:
SECTION 1. The City hereby adopts the “Housing Element Annual Progress Report - 2022,” a copy of which is on file at the offices of the City and is available for inspection by the public.
PASSED, APPROVED AND ADOPTED this 21st day of March, 2023.
________________________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________________
Carolina R. Padilla
City Clerk
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Attachment: City of Colton Housing Progress Report (Excel sheets) - 2022 (3995 : Annual Housing Progress Report - 2022)
5.b
Packet Pg. 186
Attachment: City of Colton Housing Progress Report (Excel sheets) - 2022 (3995 : Annual Housing Progress Report - 2022)
ITEM NO. 6
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AMENDMENT NO. 2 FOR PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC. FOR WATERLINE
RELOCATION DESIGN AND TRUCK DETOUR STUDY FOR THE
BARTON BRIDGE REMOVAL AND ROAD CONSTRUCTION
PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Amen dment No. 2 (Exhibit A) for CNS Engineers, Inc. Professional Services Agreement for $ 45,402.77, for water line relocation design and truck detour study for the Barton Bridge Removal and Road Construction Project, and authorize the City Manager to execute the amended agreement.
BACKGROUND
Barton Road Bridge is located between Interstate 215 and La Cadena Drive, and extends over the Union Pacific (UP) railroad right of way. Barton Road bridge is currently rated as “structurally deficient” by the California Department of Transportation (Caltrans) and in need of repairs or replacement. Since the tracks were abandoned and removed by Union Pacific Railroad Company (UPRR), it will be cost effective to remove the bridge and construct a new road. The new road wi ll be a two lane road with bike lane and sidewalk. A joint approach to the Barton Road Bridge Replacement Project (“Project”) has been undertaken by the City of Colton and City of Grand Terrace since the physical location of the Barton Road Bridge lies wi thin the city boundaries of both cities.
6 Packet Pg. 187
Staff Report to the Mayor and City Council
Contract Amendment - CNS Engineering, Inc.
March 21, 2023
On July 12, 2017, the City received the Administering Agency-State Agreement and the Program Supplement Agreement (Preliminary Engineering Phase - Environmental and Design) for the Barton Road Bridge Removal and R oad Construction Project. The Administering Agency-State Agreement identifies the State and the Local Agency’s role and responsibility on the Project.
The Program Supplement Agreement identifies the funding commitment and responsibility for the State and Local Agency. The Project will receive a total of $3,153,863 from Federal Fund - Highway Bridge Program (HBP). The local match required is $408,617 (11.47%) and will be shared equally by Colton and Grand Terrace. A Cooperative Agreement for the Project between the City of Colton and the City of Grand Terrace was approved by the City Council on September 5, 2017. The Cooperative Agreement identifies the funding commitment, and the tasks, role and responsibilities for the development and construction of the Project. The City of Colton is the Lead Agency for the Project.
ISSUES/ANALYSIS
On April 16, 2019, the City awarded a contract to CNS Engineers, Inc. in the amount of $665,303.50 for the preparation of environmental documents, engineering design and right of way support for the Barton Road Bridge Removal and Road Construction Project. The plan is 95% complete (see Exhibit B) and the environmental studies are completed already. On July 6, 2022, the City received from Caltrans the authorization to pr oceed for the right of way phase for the project. Right of way phase is anticipated to be completed by December 31, 2023 and construction phase by June 2025.
As part of the right of way phase process, utilities that are in conflict wi th the project improvement need to be removed or relocated. There are a number of utilities identified within the vicinity of the project area including lines for ATT, SCE, Colton Water/Sewer/Electric, Gas Company, Elsinore Valley Municipal Water District (EVMWD), Riverside Highland Water Company, HP Communications, City of Riverside Water/Sewer, and various communication and cable companies. During the course of verifying the rights of these utilities, it was found that the EVMWD water line has prior rights. Prior right means that EVMWD was already existing when the road right of way was granted to both the C ities of Colton and Grand Terrace. With the finding, the project will cover the cost of EVMWD water line design and relocation. The other part of Amendment No. 2 is a truck detour study required by Caltrans for the encroachment permit application. An encroachment permit from Caltrans is necessary for the traffic detour sign installation on the freeway right of way, and interim modification on the I-215/Iowa Ave. intersection at the eastbound on-ramp. The cost of Amendment No. 2 for the design of water line relocation and the truck detour study is $45,402.77 with the following breakdown:
1. Meeting and Coordination $ 6,922.63
2. Quality Assurance/Quality Control $ 1,943.20
3. Waterline Bid Documents/Plan $30,894.74
4. Truck Detour Study $ 5,642.20
Total Amount for Amendment No. 2 $45,402.77
6 Packet Pg. 188
Staff Report to the Mayor and City Council
Contract Amendment - CNS Engineering, Inc.
March 21, 2023
CNS Engineering, Inc. total contract amount after approval of Amendment No. 2 is $729,539.49 with the following breakdown:
1. Original Contract Amount $665,303.50
2. Amendment No. 1 $ 18,833.22
3. Amendment No. 2 $ 45,402.77
Total Contract Amount $729,539.49
Amendment No. 1 for CNS Engineers, Inc. contract pertains to supplemental traffic detour s tudy and encroachment permit su bmittal/processing for the project in the amount of 18,833.22. Since CNS Engineers, Inc. contract scope includes construction and bid support, contract term will be extended to June 30, 2025.
FISCAL IMPACTS
Sufficient appropriations for Amendment No. 2 t o the contract with CNS Engineers, Inc. are available in the FY2022-23 adopted budget in the following accounts:
Funding Source Account No. Funding Balance Amendment No. 2 Funding
Misc. Grants Fund -
Highway Bridge Program 225-1803-6987-3890 $2,594,636.84 $40,195.07 Traffic Impact Fund - Colton
Local Match 249-1803-6900-3890 $162,174.34 $2,603.85
Capital Projects Fund -
Grand Terrace Local Match 450-1803-6986-3890 $160,402.76 $2,603.85 Total $45,402.77
ENVIRONMENTAL IMPACTS
California Environment al Quality Act (CEQA) Initial Study/Mitigated Negative Declaration (IS/MND) for Barton Bridge Removal and Road Construction Project was adopted on February 1, 2022. National Environmental Protection Agency (NEPA) process for this Project was completed on 8/18/2021.
ALTERNATIVES
Provide alternative direction to staff.
6 Packet Pg. 189
Staff Report to the Mayor and City Council
Contract Amendment - CNS Engineering, Inc.
March 21, 2023
ATTACHMENT
1. Exhibit A - CNS Contract Amendment No. 2
2. Exhibit B - Barton Road Bridge Plans 2022 04 26
6 Packet Pg. 190
(BB&K: 2-12)
23152.06020\1435122.5
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
CNS ENGINEERS, INC.
1. PARTIES AND DATE.
This Amendment No. 2 to the Professional Services Agreement (“2nd Amendment”) is made and entered into this 22nd day of March, 2023 by and between the City of Colton (“City”) and CNS Engineers, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this 2nd Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated November 17, 2019 (“Agreement”), whereby Consultant agreed to provide services for the professional civil engineering, right of way support and environmental consulting services for Barton Road Bridge Removal and Road Construction Project ("Project").
2.2 Amendment. City and Consultant desire to amend the Agreement for the 2nd time to increase contract amount and to extend the term of the Agreement.
3. TERMS.
3.1 Scope of Services and Term. Compensation. Section 3.1.2.of the Agreement is hereby deleted in its entirety and replaced with the following:
3.1.2 Term. The term of this Agreement shall be extended to June 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Scope of Services and Term. Compensation . Section 3.3.1 of the Agreement is hereby deleted in its entirety
and replaced with the following:
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Seven Hundred Twenty- Nine Thousand Five Hundred Thirty-Nine and 49/100 Dollars ($729,539.49) without written approval of City’s City Council. Extra Work may be authorized,
6.a
Packet Pg. 191
Attachment: Exhibit A - CNS Contract Amendment No. 2 (3994 : Contract Amendment - CNS Engineering, Inc.) 2 (BB&K: 2-12)
23152.06020\1435122.5
as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this Amendmen t No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this 1st Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this 2nd Amendment.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this 2nd Amendment.
3.4 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
6.a
Packet Pg. 192
Attachment: Exhibit A - CNS Contract Amendment No. 2 (3994 : Contract Amendment - CNS Engineering, Inc.) 3 (BB&K: 2-12)
23152.06020\1435122.5
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND CNS ENGINEERS, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to Professional Services Agreement as of the 22nd day of March 2023.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Carolina R. Padilla
City Clerk
CNS ENGINEERS, INC.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
6.a
Packet Pg. 193
Attachment: Exhibit A - CNS Contract Amendment No. 2 (3994 : Contract Amendment - CNS Engineering, Inc.)
4 (BB&K: 2-12)
23152.06020\1435122.5
EXHIBIT “A”
COMPENSATION
Compensation to CNS Engineers, Inc. for the services of this Agreement shall not Seven Hundred Twenty -Nine Thousand Five Hundred Thirty -Nine and 49/100 Dollars ($729,539.49) without written approval of City’s City Council.
The additional task necessary to complete the right of way phase of the Project are as follows:
Task 1 - Meeting and Coordination $ 6,922.63
Task 2 - Quality Assurance/Quality Control $ 1,943.20 Task 3 - Waterline Bid Documents/Plan $ 30,894.74
Task 4 - Truck Detour Study $ 5,642.20
Total for Amendment No. 2 $ 45,402.77
Amendment No. 1 $ 18,833.22
Original Contract Amount $ 665,303.50
New Contract Amount per Amendment No. 2 $ 729,539.49
6.a
Packet Pg. 194
Attachment: Exhibit A - CNS Contract Amendment No. 2 (3994 : Contract Amendment - CNS Engineering, Inc.) 100% PLANS
6.b
Packet Pg. 195
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.) 100% PLANS
The following work is not Federally Funded:
a) Improvements from Station 28+00 to 30+25.
b) Improvements from Station 40+50 to 41+00.
c) Sidewalk on the north side of Barton Road.
d) 2- foot width of AC and AB on both sides of Barton Road between Stations 30+25 and 40+50.
6.b
Packet Pg. 196
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.) 100% PLANS
The following work is not Federally Funded:
a) Improvements from Station 28+00 to 30+25.
b) Improvements from Station 40+50 to 41+00.
c) Sidewalk on the north side of Barton Road.
d) 2-foot width of AC and AB on both sides of Barton Road between Stations 30+25 and 40+50.
6.b
Packet Pg. 197
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.) 100% PLANS
The following work is not Federally Funded:
a) Improvements from Station 28+00 to 30+25.
b) Improvements from Station 40+50 to 41+00.
c) Sidewalk on the north side of Barton Road.
d) 2-foot width of AC and AB on both sides of Barton Road between Stations 30+25 and 40+50.
6.b
Packet Pg. 198
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.) 100% PLANS
The following work is not Federally Funded:
a) Improvements from Station 28+00 to 30+25.
b) Improvements from Station 40+50 to 41+00.
c) Sidewalk on the north side of Barton Road.
d) 2-foot width of AC and AB on both sides of Barton Road between Stations 30+25 and 40+50.
6.b
Packet Pg. 199
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.) 100% PLANS
The following work is not Federally Funded:
a) Improvements from Station 28+00 to 30+25.
b) Improvements from Station 40+50 to 41+00.
c) Sidewalk on the north side of Barton Road.
d) 2-foot width of AC and AB on both sides of Barton Road between Stations 30+25 and 40+50.
6.b
Packet Pg. 200
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.)
CITY OF COLTON
Know what's
PUBLIC WORKS DEPARTMENT
NOTE:
THE CONTRACTOR SHALL VERIFY ALL
CONTROLLING FIELD DIMENSIONS BEFORE
ORDERING OR FABRICATING ANY MATERIAL.
41660 IVY STREET, SUITE A, MURRIETA, CA 92562
PH. 951.304.9552 FAX 951.304.3568
Engineering & Consulting, Inc.
100% PLANS
6.b
Packet Pg. 201
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.)
CITY OF COLTON
Know what's
PUBLIC WORKS DEPARTMENT
NOTE:
THE CONTRACTOR SHALL VERIFY ALL
CONTROLLING FIELD DIMENSIONS BEFORE
ORDERING OR FABRICATING ANY MATERIAL.
41660 IVY STREET, SUITE A, MURRIETA, CA 92562
PH. 951.304.9552 FAX 951.304.3568
Engineering & Consulting, Inc.
100% PLANS
6.b
Packet Pg. 202
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.) 25'-6"± 1'-0"±
9'-9"±15'-9"±
1'-0"±
4'-0"±
ABDN
SW
90 100
110
120
130
38'-0"± 34'-0"± 35'-4"±34'-0"±35'-5"±
176'-9"±
DATUM Elev 85.00
27'-6"±
CITY OF COLTON
Know what's
11870 Pierce Street, Suite 265
Riverside, CA 92505
Phone: 951-687-1005
Fax: 951-667-3387
Engineers PUBLIC WORKS DEPARTMENT
TYPICAL SECTION
1" = 5'
PLAN
1" = 20'
LEGEND:
NOTES:
1. All dimensions shown are approximate. The Contractor shall verify all controlling field dimensions before
ordering or fabricating any material.
2. For as-built information not shown, see As-built Plans (Br. No. 57C0379). The Contractor may request the
As-built Plans from the City Engineer.
3. See "ROAD PLANS" for utility information not shown.
Exist Structure
Bridge Removal
ELEVATION
1" = 20'
REMOVE Exist RW
Typ
ORIGINAL STRUCTURE
(Br No. 54C0379)
WIDENED
(Br No. 54C0379)
FG
28'-3"±
28'-3"±
21'-6"±
21'-6"±
FG
REMOVE Exist RETAINING WALL
NOT SHOWN, SEE "ROAD PLANS"REMOVE Exist RETAINING WALL
NOT SHOWN, SEE "ROAD PLANS"
BB 34+92.51 ±
Elev 979.14 ±
EB 36+69.26 ±
Elev 978.98 ±
BB EB
CIP/RC DECK WITH
AC OVERLAY
ROLLED STEEL BEAM
Typ
STEEL COLUMN BENT, Typ
SCE OH LINES TO BE
PROTECTED IN PLACE
100% PLANS
6.b
Packet Pg. 203
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.)
CITY OF COLTON
Know what's below.
Call before you dig. SIGNING & STRIPING
PUBLIC WORKS DEPARTMENT
10 SS-01
BARTON ROAD BRIDGE REMOVAL AND ROAD CONSTRUCTION PROJECT FEDERAL PROJECT NO. BRLS-5065(024)Ontario, California 91764 3190 C. Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
10 BARTON ROAD
S. Terrace Ave
S. Terrace Ave Commercial Dwy
Grand Terrace RdBARTON ROAD
STOP
PARKING
TIME
ANY
NO
'0&
$')+0
AHEAD
SPEED
LIMIT
35 95% PLANS
NOT FOR CONSTRUCTION
100% PLANS
6.b
Packet Pg. 204
Attachment: Exhibit B - Barton Road Bridge Plans 2022 04 26 (3994 : Contract Amendment - CNS Engineering, Inc.)
ITEM NO. 7
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION APPROVING CONTRACT AMENDMENT NO. 1 TO HARDY & HARPER INC., FOR THE CITY
WIDE ASPHALT PAVING PROJECT, RESOLUTION NO. R-20-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Change Order No. 1 for the FY 21-22 Asphalt Paving Project in the amount of $143,807.17 and authorize the City Manager to execute Change Order No. 1 (Exhibit B).
2. Approve Resolution R-20-23 (Exhibit A) to amend Fiscal Year 2022/2023 Capital Improvement Budget.
BACKGROUND
FY 21-22 Asphalt Paving Project focuses on improving the City’s failing arterial and local roads.
The scope of work includes grinding and rubberized asphalt overlay of existing pavement, striping, minor concrete repair and replacement of traffic signal loops. Below are the arterial and local roads included on this project:
1. Valley Blvd (Wildrose to Rexford St)
2. Riverside Ave. (Key to Center St.)
3. Bond, Key Trade Streets
4. 3rd St. (Valley to E St.)
5. 3rd St. (L to north end.)
7 Packet Pg. 205
Staff Report to the Mayor and City Council
Contract Amendment - Hardy Harper Citywide Asphalt Paving March 21, 2023