Exhibit - A
the city council for review. A public notice of said hearing must be made by the city clerk, and the hearing must be held within the time limit required by the Subdivision Map Act. The city council may continue such hearing from time to time, not to exceed fifteen days from the date of fir st hearing without mutual consent.
C. At the time fixed for the hearing, the city council must hear testimony of representatives of the commission, of any witnesses on its behalf, of the petitioner, and of any other parties at interest.
D. The city council must consider the record and such additional evidence as may be offered, and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under law and facts.
E. The decision of the city council as a result of said hearing shall be expressed by a motion in writing, and the city council shall forthwith transmit a copy thereof to the subdivider and the commission within ten days of conclusion of the hearing.
Chapter 16.32 ENFORCEMENT AND PENALTY
16.32.010 Enforcement.
It is the duty of the City to enforce the provisions of this Title. All departments, officials and public employees of the city vested with the duty or authority to issue permits must conform to the provisions of this Title, and must not willfully issue any permit or license for use, construction or purpose in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title is null and void.
16.32.020 Deed or Contract—Voidable When.
Any deed of conveyance, sale or contract to sell, or assignment, allocation, division or grant of entities of usage made contrary to the provisions of this Title is voidable to the extent and in the manner provided in Section 66499.32 of the Government Code of the state of California.
16.32.030 Violation—Penalty.
Every Violation of a provision of this Code, the penalty for which is defined as an "infraction" or "misdemeanor," shall be subject to fines and penalties of Chapter 8.12 (Administrative Fines and Penalties) of the Colton Municipal Code .
Chapter 16.34 FEES
16.34.010 Fees may be set by Resolution.
The city council of the city may from time to time set fees, as provided for in Title 16, Subdivisions, by resolution.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
Colton, California, Code of Ordinances Created: 2021-03-25 07:55:02 [EST] (Supp. No. 28)
Exhibit - A
Chapter 16.36 DEDICATION OF LAND OR PAYMENT OF FEES FOR PARK AND
RECREATIONAL PURPOSES
Sections:
16.36.010 Park and Recreation dedication and Fees.
A. Authority and Purpose. This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California and shall be interpreted to be consistent with the provisions thereof. The Park and Recreational Facilities for which dedication of land and/or payment of a Fee is required by the terms of this section shall be provided in accordance with the standards, specifications and requirements of the General Plan of the City any specific plan adopted thereto, and any other adopted Resolution, policy or standard of the City.
B. Effect on Other Laws. With respect to the requirement of dedication of land or payment of Fees for Park and Recreational purposes by any residential Subdivider pursuant to this title, this chapter shall supersede all other Ordinances or regulations of the City inconsistent herewith. The enactment of this chapter shall not supersede any other provisions or authority adopted by Ordinance o f the City Council unless expressly stated in this chapter.
C. Exemptions. The provisions of this section shall not apply to commercial or industrial Subdivisions; nor to Condominium or stock cooperative Projects which consist of the Subdivision of airspa ce in an existing Apartment Building which is more than five Years old when no new Dwelling Units are added. (Ord. 0-06-00 § 1 (part), 2000; Ord. 0-10-88 § 1 (part), 1988)
16.36.020 Definitions.
The Following definitions shall govern the meaning of words in this chapter, unless from the context in which the word is used, a different meaning is clearly intended:
A. "Park" means a Parcel or contiguous Parcels of land which is owned, operated and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the Residents of the Subdivision and of Persons residing , working or visiting in the City. Parks May be classified as community Parks, including community centers, athletic facilities, large multiuse Swimming Pools, picnic areas, cultural centers or similar facilities; public neighborhood Parks, including playground equipment, sports Fields, and picnic areas; and private neighborhood Parks, generally intended to serve only the immediate Subdivision/Development or specified planned community in which they are located. Parks May also include, or be limited to Open Space areas suitable for active or passive Uses.
B. " Park and Recreational Facilities" means any public Improvements deemed necessary by the City to develop, improve or rehabilitate land and facilities for Park and Recreational purposes. Such Improvements May include but not be limited to grading; landscaped areas for active and passive recreational Use, Open Space and sports Fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; Bicycle facilities and Park lighting; playground or other recreational equipment; picnic facilities; community center or other Buildings, Swimming Pools; volleyball, basketball, tennis, racquetball and other Courts; Vehicle Driveways and
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (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
parking areas and any other facilities which May hereafter be authorized by state La w or Approved by the City.
C. "Private Open Space" means that privately owned land and facilities for Park and Recreation purposes provided within a Subdivision and perpetually maintained and operated by the future Residents or Owner of the Subdivision, which land and facilities can be credited against the dedication and payment requirements established in this chapter, when the Following criteria are met:
1. That the private Park land meet a minimum size requirement of one-third (0.3) acre;
2. That the proposed private Park land be reasonably adaptable for Use for Park and Recreational purposes, taking into consideration such factors as size, shape, topography, geology, Access and location of the private Park land;
3. That the Following areas or Subdivision design features shall not be eligible for private Park credit; Yards, Court areas, Setbacks, Subdivision edges, landscaped Subdivision entries, greenbelts, meandering streams and circulation Improvements such as Bicycle, hiking and equestrian trails;
4. That the location of the land provide convenient Access to housing and Schools;
5. That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded Written agreement; and
6. That the Use of the private Park land is perpetually restricted for Park and Recreational purposes which cannot be defeated or eliminated without the consent of the City Council and in no event without providing equivalent Park and Recreational space elsewhere in the Subdivision.
D. "Fair Market Value" means the value of the land being subdivided based upon the current assessed value, modified to equal Market Value in accordance with the current practice of the County Assessor, or at the option of City based upon an appraisal by a qualified appraiser selected by City. In the event the Subdivider disagrees with this Fair Market Value determination, the Subdivider May select a qualified appraiser who, together with the original appraiser, shall select a third qualified appraiser.
The three appraisers so selected shall conduct a Fair Market Value analysis of the Property and their determination shall be binding upon the City and the Subdivider for the purposes of this chapter. All costs of appraisal shall be paid by the Subdivider prior to the recordation of any final map or the issuance of any Building Permit. The Fair Market Value shall be determined as of the time the final map or Parcel map is filed. With regards to any Park and Recreation Improvements or equipment provided by the Subdivider, the Fair Market Value shall be the actual cost to acquire, construct or install the Improvement or equipment.
(Ord. 0-10-88 § 1 (part), 1988)
16.36.030 Park dedication required.
As a condition of Approval of a tentative or final tract map or Parcel map for a residential Subdivision, the Subdivider shall be required to dedicate land, pay a Fee in lieu thereof or both, at the option of the City, in the amount provided in this chapter, for Park or recreational purposes, unless the Subdivider is exempted from this requirement by the express provisions of this chapter. The dedication of land and/or payment of a Fee shall be at the time and according to the standards and formula contained in this chapter. (Ord. 0-10-88 § 1 (part), 1988)
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (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
16.36.040 Standards for determining dedication.
A. General. If the Park dedication is required under Section 16.58.030, the Park area required shall be determined in accordance with the standards provided in this section.
B. Standard of Park Area to Population. It is found and determined that the public interest, convenience, health, safety and welfare of the Residents of the City require that three acres of Property for every one thousand Persons residing within the City be devoted to Local Park and Recreational purposes, and that such Park area is necessary to provide for the needs of the current and future Persons residing and working in the City. Said ratio of .003 is hereafter referred to as the Park area standard.
C. Dwelling Unit Occupancy Factor. The Dwelling Unit Occupancy Factor for each type of Dwelling Unit shall be established by Resolution and based on the most recent available U.S. Census Data. These figures May be revised from time to time by Resolution.
D. Computation of Area of Park to be Dedicated. The dedication of Park land required for any Subdivision shall be determined by multiplying the number of Dwelling Units in the Subdivision for each housing type by the Occupancy factor for each housing type by .003 (i.e., the ratio of the Park area standard of three acres to one thousand population). This is represented as follows:
(# Dwelling Units) (Occupancy factor)
(3/1,000) = Area of Park to be dedicated
E. Qualification of Land Being Dedicated. In addition to meeting the requirements set forth in this section, any land offered for Park dedication shall meet the criteria specified in Section 16.58.060(D).
F. Recent Park Development Surveys indicate a Development cost of one hundred ten thousand eight hundred sixteen dollars per acre for Improvements to Park and Recreation Facilities. This cost applies to seventy -eight acres of new Parkland for a total cost of eighty-six thousand four hundred thirty-six dollars and forty-eight cents. The recommended and Approved cost recovery level for Improvements to Park and Recreation Facilities is fifty percent or forty-three thousand two hundred eighteen dollars and twenty -four cents. (Ord. 0-10-08 § 3, 2008; Ord. 0-06-00 § 1 (part), 2000; Ord. 0-10-88 § 1 (part), 1988)
16.36.050 Fees in lieu of dedication.
When Permitted by Section 16.58.060, the Subdivider May pay to the City a Fee in lieu of making such dedication.
The Fee shall be computed by multiplying the area of Park to be dedicated under Section 16.58.040(D) by the Fair Market Value of the land being developed plus the Subdivision's fair share contributions to cover the cost of Park Improvements.
(Ord. 0-06-00 § 1 (part), 2000: Ord. 0-10-88 § 1 (part), 1988)
16.36.060 Determination of dedication, Fees or combination.
A. Dedication Generally Required. Where a Park or Recreational Facility has been Designated in the General Plan of the City or other adopted Resolution policy or standard of the City, and is to be located in whole or in Part within the proposed Subdivision to serve the immediate and future needs of the Residents of the Subdivision and other members of the public, the Subdivider shall dedicate land for a Park and provide Recreational Facilities thereon as provided in this chapter unless the City determines that dedication is not desirable as provided in this section. The Fair Market Value of the land and Recreational Facilities provided
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (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
by the Subdivider's obligations hereunder. If the Fair Market Value of the Park and Recreational Facilities provided is less than that required hereunder, the difference shall be paid by the Subdivider as an in-lieu Fee.
B. In-Lieu Fees. Where no Park or Recreational Facility located in whole or in Part within the proposed Subdivision is Designated in the General Plan of the City or other adopted Resolution policy or standard of the City, the Subdivider shall, in lieu of dedicating land, pay a Fee computed in accordance with Section
16.58.050 to be Used for Park and Recreational purposes to serve the Residents of the area being su bdivided and other members of the public.
C. Combination of Land and Fees. The City May accept a combination of land and Fees, with the respective amounts to be determined in the sole discretion of the City, so long as the aggregate Fair Market Value plus in-lieu Fees does not exceed the limits established in this chapter.
D. Determination of Land or Fee. Whether the City accepts land dedication or elects to require payment of a Fee in lieu thereof, or a combination of both, shall, in the City's sole discretion, be determined by consideration of the Following:
1. The provisions of the City's General Plan, any specific plan adopted thereto, and any other adopted Resolution, policy or regulation of the City;
2. Topography, geology, Access and location of land in the Subdivision available for dedication;
3. Size and shape of the Subdivision and land available for dedication;
4. The feasibility of dedication;
5. Access and location of other Park sites to Subdivision; and
6. Need of other accessible Park sites for Development, Improvement and rehabilitation.
The determination of the City as to whether land shall be dedicated, or whether a Fee shall be charged, or a combination thereof, shall be final and conclusive.
E. In-Lieu Fees for Subdivisions of Fifty Parcels or Less. If the Subdivision contains fifty Parcels or less, only the payment of in-lieu Fees May be required, except that Condominium, stock cooperative or community Apartment Projects May be required to dedicate land if they have more than fift y Dwelling Units. (Ord. 0-10-88 § 1 (part), 1988)
16.36.070 Subdivider credits.
A. Public Parks. The Subdivider shall receive a credit against the Park dedication requirement for the Fair Market Value of any land dedicated and for the value of any Park and Recreation Improvements provided by Subdivider in conjunction with any public Park. The value of such Improvements shall be determined by City based upon Section 16.58.020(D).
B. Private Park. In conjunction with any Planned Development, real estate Development, stock cooperative, community Apartment or Condominium, as defined by State Law, if the Subdivider provides Private Open Space as defined in Section 16.58.020, then the Subdivider May receive a credit equal to the Fair Market Value of the Private Open Space against the Park dedication requirement of this chapter, but such credit shall not exceed one-third of such Park dedication requirement. The actual amount of such credit shall be determined by the City based upon the comparability of the Private Open Space to public Park area and the adequacy of such Private Open Space to serve the needs of the Subdivision for active recreational Uses.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (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
C. Application of Credits. The credits provided in this section shall be applied to reduce the Subdivider's obligation to dedicate and/or pay an in-lieu Fee as required under this chapter, but only to the extent of such credit.
(Ord. 0-10-88 § 1 (part), 1988)
16.36.080 Disposition of land or Fees.
The amount and location of land to be dedicated or the Fees to be paid shall bear a reasonable relationship to the Use of the Park and Recreational Facilities by the future inhabitants of the Subdivision. In accordance with Government Code Section 66477, it is expressly acknowledged that the land to be dedicated or Fees to be paid May be for both neighborhood and community Parks. In addition, such Fees May be Used to improve or rehabilitate existing Parks. Fees paid by a Subdivider pursuant to this chapter May be spent to develop, improve and rehabilitate community and neighborhood Parks even though such Parks May be U sed by Nonresidents of the Subdivision, so long as the benefit of the Park and Recreational Facilities to Residents of the Subdivision is reasonable in relation to the location of the Park and amount of the Fees. (Ord. 0-10-88 § 1 (part), 1988)
16.36.090 Time of dedication or payment of Fees.
All Park Fees shall be paid directly to the City cashier upon the date of final inspection, or the date the certificate of Occupancy is issued, whichever occurs last, provided that the City May require payment on a pro rata basis for each Dwelling or upon a percentage of Dwellings when they have received final inspection or certificate of Occupancy, whichever occurs last. Notwithstanding the foregoing, the City May require earlier payment of such Fees if necessary to reimburse the City for previous expenditures or if the Fees are collect ed for Park and Recreation Improvements where the City has established an account, appropriated funds, and adopted a construction schedule or plan for the Park and Recreation Improvements prior to final inspection or certificate of Occupancy. In the event of dedication, dedication shall be made at the time of recordation of the final map. (Ord. 0-10-88 § 1 (part), 1988)
16.36.100 Schedule for performance.
A. City's Schedule. The Community Development Director shall prepare and maintain a schedule specifying how, when and where the land or Fees, or both, which were dedicated to the City to develop Park or Recreational Facilities will be Used. Any Fees collected under this chapter shall be committed within five Years after the payment of such Fees or the issuance of Building Permits on one -half of the Lots created by the Subdivision, whichever occurs later.
B. Subdivider's Schedule. In the event that the Subdivider improves or develops Parks for public or private ownership, he shall prepare a schedule specifying when, how and where he will develop the Park or Recreational Facilities to serve the Residents of the Subdivision. This schedule wi ll be required as a condition of Subdivision map Approval.
(Ord. 0-10-88 § 1 (part), 1988)
16.36.110 Procedure.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
A. Approval of Subdivision Map. Unless otherwise expressly provided in this chapter, any Decision or action required by City in this chapter, shall be made after the duly Noticed Public Hearing at the time of Approval of the tentative tract map or Parcel map, by the advisory body. Such Decision or action shall be made a condition of Approval of the Subdivision map.
B. Appeals. Any Person May Appeal a determination of the advisory body made pursuant to this chapter.
Appeals shall be made as provided in Section 16.28.050 of Chapter 16.28 of this title. (Ord. 0-10-88 § 1 (part), 1988)
Chapter 16.38 PARCEL MERGERS
16.38.010 Purpose and Intent.
It is the purpose and intent of this chapter to provide a method for merging of contiguous Parcels of land held under common ownership in accord with the provisions of Section 66499.20 3/4 of the Subdivision Map Act.
16.38.020 Residential Parcel Mergers.
The Planning Commission May authorize the merger of contiguous residential Parcels held under common ownership upon review and Approval of a properly submitted and complete Application submitted pursuant to this chapter including the Following:
A. Satisfactory evidence of common ownership of all affected Parcels; B. Plot plan showing all Structures in relation to existing Parcel Lot Lines.
16.38.030 Nonresidential Parcel Mergers.
The Planning Commission May authorize the merger of contiguous nonresidenti al Parcels of land held under common ownership upon review and Approval of a properly submitted and complete Application submitted pursuant to this chapter including the Following:
A. A final Parcel map delineating all Parcels to be merged as one unit; B. Satisfactory evidence of common ownership of all affected Parcels; C. Plot plan showing all Structures in relation to existing Parcel Lot Lines.
16.38.040 Parcel Merger Procedures.
The Owners of Parcels proposed for merger under this chapter shall make Application for a Parcel merger as follows:
A. Submission to the Planning Department of an Application form obtained from the Engineering Department of the City, prepared by the Owner or his qualified agent, containing all information required by this chapter and Section 66499.20 3/4 of the Subdivision Map Act.
B. Submission to the Planning Department of such additional maps and information as May be required by the Engineering Department form, together with a filing Fee in an amount established by Resolution of the City Council.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33, Update 1)
Exhibit - A
C. The Planning Department shall review the Application as submitted in coordination with the Engineering Department and determine its completeness.
D. Upon a determination of completeness of the Application for Parcel merger, the Engineer Department shall makes its recommendation for Approval or denial to the Planning Department and the planning Department shall review the Application and make its recommendation regarding the proposed Parcel merger in accord with the provisions of the City's Zoning Code and general plan to the Planning Commission.
E. The Planning Commission shall review the completed Application, together with the recommendations of the Engineering Department and the Planning Department and shall approve, conditionally approve, or disapprove the proposed Parcel merger within thirty Days of the determination of completeness of the Application by the Planning Department.
F. The Applicant shall be notified in writing of the Planning Commission's action wi thin fifteen Days of that action.
G. The Parcel Owner, a Department of the City, or any interested Person May Appeal the action of the Planning Commission to the City Council in accord with the procedures set forth in Chapter 16.36 of this Code.
H. Upon expiration of the Appeal period or upon direction of the City Council on an Appeal, the Planning Department shall transmit to the Owner/Applicant a "Notice of merger" evidencing the merger of the Parcel(s) for recordation by the Owner with the San Bernardino County Recorder.
16.38.050 Standards to Merge Lots.
Two or more contiguous parcels or units of land may be merged by the city council when held by the same owner if all of the following requirements are satisfied:
A. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
B. With respect to any affected parcel, one or more of the following conditions exist:
1. Comprises less than five thousand square feet in area at the time of the determination of merger;
2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
3. Does not meet current standards for sewage disposal and domestic wate r supply;
4. Does not meet slope stability standards;
5. Has no legal access that is adequate for vehicular safety equipment access and maneuverability;
6. Its development would create health or safety hazards;
7. Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) Colton, California, Code of Ordinances
Title 16 SUBDIVISIONS
Colton, California, Code of Ordinances
(Supp. No. 33)
16.38.060 Procedures.
The procedure for a merger of substandard lots pursuant to this chapter is as set forth in Government Code Sections 66451.10 through 66451.21. Any hearing or determination required pursuant to these procedures must be made by the city council.
Chapter 16.40 PLANS AND SPECIFICATIONS
16.40.010 Filing.
A. Plans and specifications, including profiles where required by the city engineer, of all improvements required under the provisions of this Title, as well as other improvements proposed to be installed and constructed by the subdivider in, over, or under any street or right - of-way, easement, lot or parcel of land where improvements are required or pr oposed, must, along with an estimated plan check and inspection fee, be filed with the city engineer. The City is not obligated to accept public improvements shown on any such plan or specification constructed before the plans and specifications therefor have been approved by the city engineer.
B. If all detailed plans and specifications for improvements are not filed with the city engineer at the time of filing the parcel map, certificate of compliance, or final map, there must be included in the completion agreement a promise to file same within a specified reasonable time thereafter, and the faithful performance bond must include a guarantee that the remaining plans and specifications will be prepared in accordance with the requirements of the city engineer and filed with him.
C. In all cases where topography controls the design, all detailed plans, specifications, and profiles of improvements required must be submitted at the time of the filing of the parcel map, certificate of compliance, or final map.
Chapter 16.42 RECORD DRAWINGS
16.42.010 Filing.
Prior to the time of filing of the notice of completion and acceptance of improvements within any subdivision, the subdivider must file with the city engineer the record drawings approved and signed by an Engineer or surveyor in both printed and electronic format as directed by the city engineer. Record sewer drawings must show the location of all wye branches or house laterals.
Chapter 16.44 SURVEY REQUIREMENTS—MONUMENTS
16.44.010 Setting Monuments.
A. At the time of making the survey for the final map or parcel map, the Engineer or surveyor must set sufficient durable monuments to conform with the standards described in Section 8771 of
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (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
the Business and Professions Code so that another Engineer or surveyor may readily retrace the survey.
B. Such Engineer or surveyor must set monuments as follows:
1. Set City standard monuments and encasements at all intersections of street centerlines, beginning and ending of all curves on streets within the subdivision and at the intersection of the centerline of the streets and the subdivision boundary. On all curv ed streets, a sufficient number of monuments must be set so that connecting chords must be wholly within the street roadway between curbing. The Engineer or surveyor must measure the vertical elevation based upon data approved by the city engineer, data for each City standard monument set and must provide a record of this data to the city engineer.
2. Set 1.5-inch iron pipe 18 inches long, filled with concrete and properly tagged or equal as approved by the city engineer, at all angle points and beginning and ending of all curves on the exterior boundary of the subdivision. All boundary monuments must be in place prior to recordation of the map. The city engineer may, by a field survey, satisfy himself that all monuments actually exist and that their positions are correctly drawn.
Depth of boundary monuments must be not less than six inches or more than 30 inches.
3. Set one-inch iron pipe with cap and properly tagged at all angle points and beginning and ending of all curves on the boundary of each lot, which angle point is not covered in subsection 1 or 2 above. For front lot corners, reference points, consisting of “penny” tags epoxied in place together with chisel marks on the top of curbs, may be substituted for the required redwood stake, iron rod or iron pipe. For rear lot corners of double- frontage lots, reference points, consisting of concrete nails and tags mounted on the rear masonry wall, on the lot side, at a visible elevation, may be substituted for the required redwood stake, iron rod or iron pipe.
4. When any of the above-described boundary points fall in a concrete sidewalk, curb, wall, coping, etc., such points must be marked with a concrete nail and tag.
5. All monuments in subsection 1 and 2 above must be so set as to ensure an unobstructed sight between adjacent monuments, whenever feasible, and in no case can the distance between monuments exceed 2,700 feet, unless prior approval is obtained from the city engineer.
6. All monuments must be permanently marked with the license number of the Engineer or surveyor setting it, preceded by the letters “R.C.E.” or “L.S.” respectively, as the case may be.
7. The character, type and position of all monuments and encasements must be noted on the final map. If a monument is replaced, indicate type and condition of monument found and the date of replacement.
8. A traverse of the boundaries of the map and of all the lots and blocks must close within a limit of error not in excess of one foot in 20,000 feet.
9. All distances must be expressed on the map to the nearest hundredth of a foot.
10. Any monuments or stakes disturbed by the improvements must be reset. Where no streets are to be improved, the subdivider must post a faithful performance bond to guarantee the setting of all the above stakes and monuments.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23) Colton, California, Municipal Code
Title 16 SUBDIVISION ORDINANCE
(Supp. No. 33)
Exhibit - A
Chapter 16.46 DEDICATIONS
16.46.010 Requirements.
As a condition of approval of a tentative map, the subdivider must dedicate or make an irrevocable offer of dedication of all land within the subdivision that is needed for public streets, alleys, including access rights and abutter’s rights, drainage, drainage basins, public utility easements and other public ease ments.
16.46.020 Waiver of direct street access.
The advisory agency may impose a requirement that any dedication or offer of dedication of a street or approval of a map abutting a previously dedicated street must include a waiver of direct access rights to such street from any property shown on a final map or parcel map as abutting thereon. If such dedication is accepted, or if no dedication is otherwise required, such waiver will become effective in accordance with its provisions. Such provisions must specify that a portion of the street as to which access is waived may, at the request of the property owner, be revised or relocated to another portion or portions of the same street frontage or of any adjoining street as to which direct access has been waived by recording a certificate therefor signed by the property owner and the city engineer.
16.46.030 On Final Maps.
A. Dedications of or offers to dedicate interests in real property for specified public purposes must be made by a certificate on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Subdivision Map Act.
B. In the event any street shown on such map is not offered for dedi cation the certificate must contain a statement to this effect. If such statement appears on the map and if the map is approved by the city council, the use of any such street or streets by the public will be permissive only.
C. An offer of dedication of real property for street or public utility easement purposes will be deemed not to include any public utility facilities located on or under such real property, unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.
16.46.040 For Subdivisions not Requiring a Final Map.
A. If dedications or offers of dedication are required by the advisory agency for subdivisions requiring a parcel map, they may be made either by a certificate on the parcel map, or by separate instrument to be recorded concurrently with, or prior to, the parcel map being filed for record.
B. Such dedication or offers of dedication must be signed by the same parties and in the same manner as set forth in Section 66439 of the Subdivision Map Act for dedications by a final tract map.
C. An offer of dedication must be in such terms as to be binding on the owner, his heirs or successors in interest and must continue until abandoned as specified in Section 66477.2 of the Subdivision Map Act.
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Attachment: Attachment 3 - Exhibit-A - Subdivision Ordinance (4036 : Second Reading of Ordinance No. O-03-23)