Colton City Council
April 18, 2023

purchasing this mobile vactor unit, it will alleviate delays to customer service requests and give the City the ability to report accurately to the state water regional board for compliance.

ISSUES/ANALYSIS

Section 3.08.140(C) of the City's purchasing ordinance permits the City to join or use the contract of local governments within or outside this State with the authorization of the contracting vendor. As a local government unit, Sourcewell created a cooperative purchasing contract designed to make the governmental procurement procedure more effective by creating competitively bid/priced contracts for goods and services; and pro viding the customer service necessary to help its members achieve their procurement goals. Sourcewell performs all competitive bidding and procurement procedures in accordance with state statutes.

Only government agencies, public and private schools/col leges, tribal governments, and nonprofit organizations can register as a participating agency; the City of Colton is currently an active member of the Sourcewell cooperative purchasing contract program (registration account number 71800). Haaker Equipment Company is an approved qualified Sourcewell contract vendor (#101221-RGO).

Staff recommends the City Council determines bidding has already been complete in accordance with Colton Municipal Code Section3.08.140(C) and purchase a Stormwater Vactor Unit (R ing- O-Matic 850VX HI CFM) from Haaker Equipment Company through the Sourcewell cooperative purchasing program. Through its participation in Sourcewell, the City will receive an applied discount of $12,169.00 for the Stormwater Vactor Unit, as reflected in the quote/proposal.

FISCAL IMPACTS

The Fiscal Year 2022-23 adopted budget has a balance of $89,095.13 in Storm Water Fund Automobile Account N umber 722 -6150-8215-4910-0000-000 available to purchase a Stormwater Trailer Mounted Vactor Unit.

Adoption of R esolution R -27-23 wi ll amend the Fiscal Year 2022 -23 budget, increasing appropriations from reserve balance in Storm Water Fund C apital Outlay Automobile account number 722-6150-8215-4910-0000-000 by $77,935.84.

ALTERNATIVES

1. Provide alternative direction to staff

ATTACHMENT

1. Resolution R-27-23

2. Stormwater Vactor Unit Quote-Proposal - Haaker Equipment Company 12 Packet Pg. 393
Staff Report to the Mayor and City Council
Purchase - Haaker Equipment Company
April 18, 2023

3. Sourcewell Contract
12 Packet Pg. 394

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- 1 -

RESOLUTION NO. R-27-23
A RESOLUTION OF THE CITY COUNCIL AMENDING THE FISCAL YEAR 202 2-23 BUDGET TO APPROPRIATE $77,935.84 FROM RESERVE BALANCE IN THE STORM

WATER FUND CAPITAL OUTLAY AUTOMOBILE EXPENDITURE ACCOUNT FOR THE

PURCHASE OF A VACTOR UNIT

WHEREAS, the budget for fiscal year 2022 -23 has been approved by City Council, and must now be amended to increase the appropriation in the Public Works, Storm Water Capital Outlay Automobile Account for the purchase of a Vactor Unit (Haaker New Ring -O- Matic 850VX HI CFM); and,
WHEREAS, the funding will be utilized to support the City’s goal to improve the City’s infrastructure and safety operations by providing adequate roadway restoration services.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The City Council he reby amends the fiscal year 2022 -23 budget to appropriate $77,935.84 from the reserve balance and into the Storm Water Fund Capital Outlay Automobile Account Number 722-6150-8215-4910-0000-000.

PASSED, ADOPTED AND APPROVED THIS 18th DAY OF APRIL 2023.

________________________________
Frank J. Navarro, Mayor
ATTEST:

_____________________________
Stephanie Vargas, Deputy City Clerk

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Attachment: Resolution R-27-23 (4017 : Purchase - Haaker Equipment Company)

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Attachment: Stormwater Vactor Unit Quote-Proposal - Haaker Equipment Company (4017 : Purchase - Haaker Equipment Company)

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Attachment: Stormwater Vactor Unit Quote-Proposal - Haaker Equipment Company (4017 : Purchase - Haaker Equipment Company)

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Attachment: Sourcewell Contract (4017 : Purchase - Haaker Equipment Company) 101221-RGO

Rev. 3/2021 1

Solicitation Number: RFP #101221

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Ring-O-Matic, Inc., 1714 Fifield Road, Pella, IA 50219 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 












 

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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 












 

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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 












 

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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 












 

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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:














 

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 












 

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.













 

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 












 

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.














 

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 












 

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 












 

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 












 

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.














 

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 












 

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 












 

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 












 

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.














 

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Ring-O-Matic, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Jim Zylstra
Title: Chief Procurement Officer Title: Sales Manager

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________














 

























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Attachment: Sourcewell Contract (4017 : Purchase - Haaker Equipment Company) 7DEOH
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Attachment: Sourcewell Contract (4017 : Purchase - Haaker Equipment Company) 7DEOH
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12.c
Packet Pg. 421
Attachment: Sourcewell Contract (4017 : Purchase - Haaker Equipment Company) 7DEOH
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Bid Number: RFP 101221 Vendor Name: Ring-O-Matic













 

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Packet Pg. 422
Attachment: Sourcewell Contract (4017 : Purchase - Haaker Equipment Company) 7DEOH
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Packet Pg. 424
Attachment: Sourcewell Contract (4017 : Purchase - Haaker Equipment Company) 7DEOH$
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ITEM NO. 13

STAFF REPORT

DATE: APRIL 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND APPROVE

SECOND 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:

It is recommended to that the City Council Waive Full Reading, and Approve Second Reading of

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)

ATTACHMENT

1. Attachment 1 - 2022-06-07 FINAL MINUTES

2. Attachment 2 - Ordinance No. O-03-23

3. Attachment 3 - Exhibit-A - Subdivision Ordinance
13 Packet Pg. 429
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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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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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 (4036 : Second Reading of Ordinance No. O-03-23) 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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Ordinance No. 0-03-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND, REPEAL AND REPLACE TITLE 16 SUBDIVISION ORDINANCE OF THE CITY OF

COLTON MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO-UNIT PROJECTS TO IMPLEMENT LAWS ENACTED BY SB 9 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. (FILE INDEX NO. DAP-001-723)

WHEREAS, the City of Colton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2 021, the California Legislature approved, and the Governor signed into law Senate Bill 9 (“SB 9”), which among other things, adds Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two -unit projects; and
WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 t ook effect January 1, 2022, and preempts any conflicting city ordinance; and
WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and
WHEREAS, as part of an on -going annual code update planning program, the Planning Commission has identified that the Subdivision Ordinance was last updated approximately 44 years ago, circa 1977 with minor updates in 1985, 1988 and 2000 to address school facilities, and park and recreation facilities dedication fees, and that t he City’s Subdivision Ordinance would benefit from clarification and/or correction, as well as update to several sections and/or subsections that require updates to ensure consistency with the City’s General Plan, with other Colton Municipal Code Titles an d current subdivision practices. This proposed ordinance amendment will repeal and replace of the entire Colton Subdivision Ordinance; and

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WHEREAS, a public notice of the April 4, 2023, City Council held a 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, 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 not have the potential to cause a sign ificant 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 r egulating 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 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 prov isions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two -unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the

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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 th at 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 propo sed 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 cu rrent 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 po tential 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

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and lots wi thin a historic district. Colton currently has five historic districts and approximately 22 approved historic landmarks. Except for a couple of sections within the Subdivision Ordinance, the ordinance is approximately 44 years old and is in need of updat e 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 repl aced 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 its 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.

SECTION 7. The City Council hereby directs staff to prepare, execute, and file with the County of San Bernardino Clerk a notice of exemption with in five (5) working days of the adoption of this Ordinance.

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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 Cit y 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 460
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 461
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 462
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 463
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 464
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 465
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 466
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 467
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 468
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 469
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 470
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 471
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 472
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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 (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 475
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 476
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 477
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 478
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 479
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 480
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 481
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 482
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 483
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 484
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 485
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 486
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 487
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 488
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 489
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 490
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 491
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 492
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 493
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 494
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) 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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Packet Pg. 495
Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE

(Supp. No. 33)