Ord 80AN CRDINANCE OF THE THE CITY OF PO~I~Y CALIFORNIA
AMENDING IN ITS M~TIRETY TITLE 8, DIVISION 1
OF THE CITY OF PO~IAY R~GULATCRY CRDINANCES
R~GARDI5~ SUBDIVISION OF LAND
THE CITY O0UNCIL OF THE CITY OF PO~AY DOES ORDAIN AS FOLT
Section 1. Title 8, Division 1, "Subdivision of Land", of the Pow~y
Regulatory Ordinances, is hereby amended in its entirety to read as follows:
DIVISION 1
SUBDIVISION OF LAND
CHAPTER 1
GENERAL PROVISIONS
Section 81.101. CITATION AND AUTHORITY. This division is adopted to supple-
ment and implement the Subdivision Map ~t, Section 66410, et. seq. of the State
of California Government Code, and may be cited as the Subdivision Ordinance of
the City of Poway.
Section 81.102. PURPOSE. It is the purpose of this division to regulate and
control the division of land within the city of Poway and to supplement the pro-
visions of the Subdivision Map Act concerning the design, improvement and survey
of subdivisions, the form and content of all maps provided for by the
Subdivision Map Act, and the procedure to he followed in securing the official
approval of the Planning Services Department, the Public Services Department,
the City Engineer, and City Council regarding such subdivisions and maps. To
accomplish this purpose, the regulations outlined in this division are deter-
mined to be necessary for the preservation of the public health, safety and
general ~lfare, to prc~ote orderly growth and development and to promote open
space, conservation, protection, and proper use of land and to ensure provision
for adequate traffic circulation, utilities and services.
Section 81.103. CONFCRMITY TO GENERAL PLAN~ SPW~I~IC PLAN AND ZONING CRDINANCE.
No land shall be subdivided and developed for any purpose which is not in con-
formity with the General Plan, any of its el~nents, and any specific plan,
Ccm~nunity Plan, or Planned Cutm%unity of the City of Pow~y or specifically
authorized by the precise zoning ordinance or development ~ode of the City. The
type and intensity of land use as shown on the General Plan and its el~aents
shall determine the type of streets, roads, highways, utilities and public ser-
vices that shall he provided by the subdivider.
Section 81.104. APPLICATION. The regulations set forth in this chapter shall
apply to all subdivisions or parts thereof within the City and to the prepara-
tion of subdivision maps thereof and to other maps provided for by the
Subdivision Map Act. Each such subdivision and each part thereof lying within
the city shall be rode and each such map shall be prepared and presented for
approval as hereafter provided for and required.
Ordinance No. 80
Page 2
Section 81.105. DEFINITIONS:
~justment Plat - means a plat prepared pursuant to Chapter 5 of this divi-
sion and certified by the City Engineer as having been approved pursuant to
this division and filed in the office of the City Engineer.
Approval - A project shall be approved or deemsd approved when said project
has met all requir~nents of environmental review pursuant to the California
Environmental Quality Act (Public Resources Code, Section 21000 et. seq. ),
the Subdivision Map Act, public notice and review requiremmnts, and local
ordinances, resolutions, and policy.
Boundary Adjustment - A minor shift or rotation or alteration of existing lot
lines or property lines between tM or mere existing legal lots where land taken
frc~ one parcel is added to another, where a greater or lesser number of lots
than originally existed is not created, and where the area of no lot involved is
increased or decreased by more than t~nty (20%) per cent, provided the lot line
adjustment is approved by the City Engineer.
Certificate of C~,~liance - means a document describing a unit or contiguous
units of property and stating that the property complies with applicable provi-
sions of the State Subdivision Map Act and City ordinances enacted pursuant
thereto.
Condominium - an estate in real property consisting of an undivided interest in
contain in a portion of a parcel of real property together with a separate
interest in space of residential, industrial or c~,%~rcial building on such real
property, such as an apartment, office, or store. A condominium may include, in
addition, a separate interest in other portions of such real property.
Conversion - The process or procedure for changing the type of ownership,
estate, or interests in real property, and/or the improvements thereon to that
of a condominium, as defined in Section 783 of the Civil Code, a cc~.,~nity
apartment project, as defined in Section 11004 of the Business and Professions
Code, or a stock cooperative as defined in Section 11003.2 of the Business and
Professions Code.
Design - means: (1) street alignments, grades and widths; (2) drainage and
sanitary facilities and utilities, including alignments and grades thereof; (3)
location and size of all required mam~ments and rights-of-~y; (4) fire roads
and fire breaks; (5) lot size and configuration; (6) traffic access; (7)
grading; (8) land to be dedicated for park or recreatioDa] purposes; and (9)
such other specific requir~nents in the plan and configuration of the entire
subdivision as may be necessary or convenient to insure conformity to or imple-
mentation of the General Plan or any adopted specific plan. (From the defini-
tion contained in the State Subdivision Map Act. )
Development Cede - Shall m~mn the zoning ordinance of the city of Pow~y.
Ordinance No. 80
Page 3
Environmental Impact l~port (w/R) - A detailed statement setting forth the
environmental effects and considerations pertaining to a project as specified in
Sections 21100 and 21100.1 of the Public Resources Code, and may mean either a
draft or a final EIR.
Filing of Project - A project sh~ll be considered filed when it is received and
accepted es c~,~lete. A project is accepted as complete, for purposes of
Government Code Sections 65943, 65950, 66452.2 and Public Resources Code
Sections 21080.2 and 21151.5, when the Director of Planning Services determines
that the applicant ba~ su~x~itted sufficient information to permit the City to
make a determination as required by Public Resources Code Section 21080.1 and
that said determination has ~n made. The project shall be sukmitted to the
City Council for approval within 50 days of a finding that a Negative
Declaration is adequate and within 45 days of Certification of the Environmental
Impact Report.
Final Map - shall m~an both: (a) a map showing a subdivision of land creating
five or mDre lots or parcels, five or more condcminums as defined in Section 783
of the civil Code, a cc~munity apartment project containing five or more par-
cels, or for the conversion of a dwelling to a stock cooperative containing five
or more dwelling units, prepared in accordance with the provisions of this divi-
sion and the Subdivision Map Act, and designed and prepared to be recorded in
the office of the County Recorder. Also referred to as Final Subdivision Map;
(b) a map showing a division of land of four or fear parcels, or a division of
land as described in Subdivisions (a), (b), (c), or (d) of Governm=.nt Code
Section 66426, prepared in accordance with the provisions of this division and
the Subdivision M~p ~t, and designed and prepared to be recorded in the office
of the County Recorder. Also referred to es Final Parcel Map.
General Plan - The General Plan of the City of Pow~y, its elements and any
amendments thereto.
Iaprovement - such strcct w~rk, storm drainage, utilities and landscaping to be
installed, or agrc~ to be installed, by the subdivider on the land to be used
for public or private streets, high~ys, ~ys and easements, as are necessary
for the general use or the lot or parcel owners in the subdivision or land divi-
sion and local neighborhood traffic and drainage nccc]s as a condition precedent
to the approval and acceptance of the final map thereof; or to such other speci-
fic improvements or type of improvements, the installation of which either by
the subdivider, by public agencies by private utilities, by any other entity
approved by the City of Poway or by a combination thereof, is necessary or con-
venient to insure conformity to or implementation of the General Plan, its ele-
mants, or any adopted specific plan, c~t~¥,~%nity plan, or planned community
improvements shall be constructed in accordance with the City of Poway's
Standard Specifications and Details and/or, when applicable, with standards as
adopted by local utility companies and approved by the City Engineer.
Ordinance No. 80
Page 4
Legal Lot - means: (1) a parcel of real property shown as a delineated parcel
of land with a number or letter designation on a subdivision map or parcel map
recorded in the office of the County Recorder and created in conformance with
the State Subdivision Map Act; (2) a parcel of real property shown on a recorded
record of survey map, lot division plat, or other official map filed in the
office of the County Recorder or County Engineer, when such map or plat ~s
filed as the result of and w~s made a condition of a lot division approved by
the County of San Diego under the authority of prior or existing County
Ordinances; (3) any parcel of real property which existed as a separate parcel
or before that date; (4) a parcel of real property described in a recorded
Certificate of C~Lgliance, approved and filed by the County of San Diego of the
city of Poway in accordance with the State Subdivision Map Act and county or
City Code.
Map Act - The Subdivision Map Act of the State of California.
Merger - The ~ining of two or more contiguous parcels of land under one
ownership into one parcel.
Parcel Map - A map showing the division of land of four or fewer parcels, or a
division of land as described in Subdivisions (a), (b), (c), or (d) of
Government Code Section 66426, prepared in accordance with the provisions of
this division and the Subdivision Map Act, and designed and prepared to be
recorded in the office of the County Recorder.
Received And ~-cepted -Scc "Filing of Project".
Remainder - That portion of an existing parcel which is not included as part of
the subdivided land. The remainder shall be designated as such and shown on the
final map by dc~ reference to existing record boundaries of such remainder if
the r~uainder has a gross area of five acres or more.
Subdivider - Any person, firm corporation, or other entity as defined in the
State Subdivision Map Act. (Government Code, Section 66423)
Subdivision - The division of land as defined in the State Subdivision Map Act.
(Government Code, Section 66424)
Subdivision Improvement Standard - Standard details, drawings, specifications,
criteria, and other standards for the design and improvement of subdivisions,
approved by the City Engineer and adopted by resolution of the City Council,
which govern the layout, design, gec~etrics, and details of any improv~e~nts to
be constructed purs,,~nt to this division and the Subdivision Map Act.
Subdivision Map Act - set forth in Division 2 of Title 7 of the Government Code
of the State of California.
Ordinance No. 80
Page 5
Tentative Map - A map prepared for the purpose of showing the proposed design
and improvement of any subdivision or division of land and the existing con-
ditions in and around it, suhnitted to the city precedent to obtaining official
City Council approval of the proposed subdivision or division of land and prece-
dent to the preparation and filing of a final map. A tentative map shall mean
both: (a) a tentative map for a subdivision of land creating five or more lots
or parcels, five or more condominiums as defined in Section 783 of the Civil
Code, a C~L,L,unity apartment project containing five or more parcels, or for the
conversion of a dwelling to a stock cooperative containing five or more d%~lling
units, also referred to as a tentative subdivision map; (b) a tentative map for
the division of land into four or less parcels, or a division of land as
described in Subdivisions (a), (b), (c), or (d) of Government Code, Section
66426, also referred to as a tentative parcel map.
Zoning Ordinance Or Zoning Code - °~-c "Development Code".
Section 81.106. RESPONSIBILIT!W-q AND AUU6ORITY. The following City officers,
departa~nts, and bodies shall have the responsibilities and authorities listed:
City Attorney - The City Attorney shall be responsible for the review and appro-
val as to form and legality of subdivision agreements, performance agrc=~ents,
improvement securities, dc~s, conveyances, and other documents related to sub-
divisions of land.
City Council - The Council of the City of Poway shall have jurisdiction and
authority for the approval, conditioD~l approval, or denial of tentative sub-
division maps, tentative parcel maps, improvement agre~nents, securities, the
acceptance, conditional acceptance, or rejection of lands, easements, and impro-
vements dedicated or offered for dedication to the City of Po%ay in conjunction
with subdivisions and parcel maps, and the approval of final subdivision maps
and final parcel maps.
City Clerk - The City Clerk of the City of Poway shall be responsible for the
acceptance, conditional acceptance, or rejection on behalf of the City Council
for dedications or offers of dedication and for other dccds and conveyances to
the City made by final map or final parcel map, or by separate instrument and
for the execution of a certificate to that effect on the final maps or on the
instrument.
Director of Planning Services - The Director of Planning Services or his
designees shall be responsible for: (1) the acceptance for filing and pro-
cessing of tentative maps and parcel maps, and for the collection of all
required fees and deposits therefor; (2) the review of all tentative maps for
general layout and aesthetics; (3) the investigation of proposed maps for con-
formity to the General Plan and its elements, specific plans, cc~nunity plans,
planned c~.~unities, zoning ordinances and development codes, and for reporting
his findings and making rec~L,~endations for approval, conditional approval, or
denial of the tentative maps to the City Council; and (4) the review of projects
pursuant to the California Environmental Quality Act, Public Resources Cede,
Section 21000 et. seq.
Ordinance No. 80
Page 6
City Engineer - The city Engineer or his designees shall be responsible for:
(1) the establishment and updating of subdivision improvement stan~mrds; (2) the
review of tentative raps for conformance with adopted subdivision improvement
s~ndards, and for reporting his findings and making r~dations as to sub-
division in~provements and design to the City Council; (3) the processing of all
final raps, final parcel maps, reversion to acreage maps, amended maps, boundary
adjustments, mergers, and certificates of compliance; (4) the processing and
approval of subdivision improven~nt plans and grading plans; (5) the inspection
and approval of subdivision grading and improvements; (6) certification that
final raps are in substantial conformance with the approved tentative rap; (7)
the approval, conditional approval, or denial of boundary adjustments, mergers,
and certificates of compliance.
G~APTER 2
Section 81.201. GFRERAL. The necessity for tentative, final, and parcel maps
shall be governed by the provisions of this Chapter.
Section 81.202. DIVISION OF LAND - FIVE OR MDRE PARC~q. A tentative, and
final map shall be required for all divisions of land when determined by the
Director of Planning Services that such land may be divided into five or more
parcels, five or more condcminiums as defined in Section 783 of the State Civil
Code, a community apartment 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:
(a) The land before division contains less than five acres, each parcel
created by the division abuts upon a maintained public street or high-
way and no dedications or improvements are required by the legislative
body; 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 strcct or
highway; or
(c) The land consists of a parcel or parcels of land having approved access
to a public street or highway which cc~prises part of a tract of land
zoned for industrial or c(~,~rcial development, and which baa the
approval of the governing body as to street alignments and widths; or
(d) Each parcel created by the division has a gross area of not less than
40 acres or is not less than a c~rter of a cp~rter section.
A parcel map shall be required for these subdivisions described in subdivisions
(a), (b), (c) and (d). For the purpose of this chapter "approved access" sb~ll
mean access to a public street or highway by means of an existing or proposed
driveway, by means of a recorded private access eas~nent, reservation, or pri-
vate street, or by the fact that the parcel abuts and has frontage on the public
street or highway provided that vehicular access rights to said street or high-
way have not been waived by the owner.
Section 81. 203. DIVISION OF LAND - fDUR OR FE~ER PARC~.q. A tentative and
final parcel map shall be required for all divisions of lands which create four
or fewer parcels except for:
(a) Subdivisions of portion of the operating right-of-way of a railroad
corporation, which are created by short term leases (terminable by
either party on not more than 30 days notice in writing); or
ordinance No. 80
Page 8
(b) T~nd conveyed to or from a governmental agency, public entity, public
utility, or for land conveyed to a subsidiary of a public utility for
conveyance to such public utility for rights-of-way, unless a showing
is made in individual cases, upon substantial evidence, that public
policy necessitates a parcel map; or
(c) Boundary adjustments, provided no additional or fewer parcels are
created. A plat map, in form as required by the city Engineer, shall
be required for Boundary Adjustments; or
(d) A final parcel map shall not be required when its requirement ba~ been
waived in accor_M_snce with Chapter 5 of this division; or
(e) A final map shall not be required for the merger of contiguous parcels
under the sam~ ownership, provided a suitable instrument evidencing
such merger is prepared and recorded in accordance with Section
81.408.2 of this division.
Section 81.204. PRk~.IMINARY PLAN. Prior to the filing of a project for sub-
division of land, the subdivider shall submit a prelimioary plan, with plans and
data related to the design, layout, grading, existing noise levels, and other
details and features pertinent to the proposed development, as required by the
Director of Planning Services, to the Planning Services Department. The
Planning Services Department shall advise the subdivider in writing, of any com-
ments and desired changes to the proposed plan it dc~ms appropriate as a result
of its preliminary review. Upon receipt of the planning Services Department
co,,m~nts, the subdivider shall cause to be prepared a tentative map pursuant to
the provisions of this division. A preliminary plan and Planning Services
review shall not apply to condominitml conversions unless required by the
Director of Planning Services. The Director of planning Services may waive the
requirement for a preliminary plan if he determines that the type of subdivision
is such as not to necessitate ccmpliance with that requirement.
Section 81.205. ~TATIVE MAPS - APPLICATION~ FORM AND (X)NTENT. All tentative
maps suP~itted to the City shall be accc~panied with an application form to be
signed by the subdivider or applicant, in a form as specified by the Director of
planning Services, and a reasonable processing fee, as set by City Council reso-
lution.
All tentative maps for five or more lots, tentative parcel maps for four parcels
or fewer, bouD~ry adjustment plats, reversion to acreage tentative maps, merger
maps, and other maps sukmitted for consideration shall be in the form and cp~n-
tity and shall contain and be accu¥~anied with all the information, data,
reports, examination and processing fees and deposits, and other particulars as
required by the Subdivision Map Act and the City council, expressed by resolu-
tion.
The tentative map shall be considered as accepted for filing and processing only
when such map accompanies and conforms to, those requirements established by
ordinance No. 80
Page 9
this ordinance and the City Council by resolution, and when all such accom-
panying data and reports have been s,~l~nitted to the office of and to the satis-
faction of the Director of Planning Services.
TENTATIVE MAP PROCESSING
Section 81.301. REVIEW OF TENTATIVE MAPS. Upon acceptance of a tentative map
for filing, the Planning Services Department shall for~rd copies of the map to
affected or interested public agencies, bodies, or groups, and to other city
departments for review and comment, which may, in turn, forward their findings,
co~m~ents, and rec~t.~-endations to the Planning Services Department. Within ten
(10) days of the filing of a tentative map, the Planning Services Department
shall send a notice of the filing of the tentative map to the governing board
of any affected School District. Such notice sb~ll also contain information
about the location of the proposed subdivision, the number of units and lots,
density, and other information which would be relevant to the School District.
Such governing board may review the notice and may send a written report theron
to the Director of Planning Services or City Council. The report shall indicate
the impact of the proposed subdivision on the School District and shall make
such recc~,~L~ndations as the governing board of the District deems appropriate.
In the event the District fails to respond within a 20-day period from receipt
of notice of the tentative map, such failure shall be considered acceptance of
the proposed subdivision by the School District. All comments and recc~men-
dations received from such agencies, groups, bodies, and the School District
shall be coapiled into a written report by the Director of Planning Services,
which together with his own comments and recxam~-=ndations, sb~ll thereafter be
forwarded to the City Clerk for consideration by the City Council.
Section 81. 302. NOTICE OF PURLIC HEARING. Upon receipt of a complete applica-
tion, and completion of the report and recc~m~ndations for the tentative sub-
division or parcel map by the Director of Planning Services, the City Clerk
shall set the matter for public hearing. At least ten (10) calendar days before
the public hearing, the Clerk shall cause notice to be given of the time, date,
and place of said hearing, including a general explanation of the matter to be
considered and a general description of the area affected, and the strcct
address, if any, of the property involved. Said notice shall be published at
least once in a newspaper of general circulation, published and circulated in
the City.
In addition to notice by publication, the City shall give notice of the
hearing by mail or delivery to all persons, including businesses, corporations
or other public or private entities, shown on the last ec~a]ized assessment roll
as owning real property within 500 feet of the property which is the subject of
the proposed subdivision or parcel map. In addition, in the case of a proposed
conversion of residential real property to a cond(~nini%=a project, C(aL,Ltunity
apartment project or stock cooperative project, notice shall be given as
required by Government Code 66451.3.
Ordinance No. 80
Pa~e 11
In the event that the proposed subdivision or parcel mp approved b~m
requested by a person other than the prcloe-rty owner as such property owner is
shown on the last ec~m]ized assessment roll, the City shall also give roiled
notice to the owner of the property as shown on the last equalized assessment
roll. In addition, notice shall be given by first class mail to any person who
has filed a written request with the Planning Services Depart~nt. Such a
request may be sukmitted at any time during the calendar year and shall apply
for the balance of such calendar ye_mr. The City may impose a reasonable fee on
persons requesting such notice for the purpose of recovering the cost of such
mailing. Ail such notices by mil or delivery as herein required, shall be
accomplished by the City Clerk.
Failure to receive notice herein shall not affect the validity of any action
taken pursuant to the procedures set forth in this division.
A copy of the report and rec~nendations to the City council for the ten-
tative map prepared by the Director of Planning Services, shall be served on the
subdivider and on each tenant of the subject property in the case of a proposed
conversion of residential real property to a condcminitm~ project, c~,~nity
apartment project, or stock cooperative project, at least seven (7) calendar
days prior to any public hearing or action on said tentative mp by the City
Council. Reasonable fees may be collected from the subdivider for this purpose.
Section 81.303. CITY COUNCIL ACTION. Upon receipt of a written report and
recc~nendations to the City Council for the tentative rap, the City Clerk shall
sukmit the tentative map and report to the City Council at its next regular
meeting following receipt of said report and rap, and the City Council shall
approve, conditiom~lly approve, or deny the tentative subdivision mp or parcel
mp within 50 days thereafter. The City shall comply with the time limits
referred to in Section 21151.5 of the Public Resources Code (California
Environmental Quality Act) within the 50-day period specified herein.
If an Environmental Impact Report is prepared for the map, the 50 day period
shall not be applicable, and the City Council shall render its decision to
approve, conditionally approve, or deny the tentative mp within 45 days after
the certification of the Environmental Impact Report by the city Council. The
City Council shall certify the Environmental Impact Report within one (1) y~r
of the date the mp was filed, plus any approved extensions allowed by law. If
a Negative Declaration is rec~,,,ended, the City council rm3~t approve or
disapprove the mp within 50 days of the date the mp w~s filed.
The time limits set forth herein for acting upon a tentative map may be
extended by mutual consent of the subdivider and the City Council.
Ordinance No. 80
Pa~e 12
Section 81.304. T~NTATIVE MAP APPROVAL CR OONDITIONAL APPROVAL. In approving
or conditionally approving a tentative map, the City Council shall find that the
proposed subdivision, together with its design and i~provem~nts, is consistent
with the General Plan, and any applicable specific plans, community plans, and
planned communities adopted by the City. The City Council may modify or delete
any of the conditions of approval reco~-=nded in the Planning Services
Department report, or by the City Engineer, except conditions required by City
ordinance, or the City Council may add additional requirements as a condition of
its approval. If no action is taken by the City Council within the time limit
as specified, the tentative subdivision or parcel map as filed, shall be deemed
to be approved, only insofar as it complies with California Environmental
Quality Act, the State Subdivision Map Act, this, or other city ordinances. It
shall be the duty of the City Clerk to certify such approval. If said map fails
to ooaply in whole or in part, as herein provided, said map shall not be so cer-
tified. The City Council's approval or conditional approval of a tentative sub-
division or parcel map shall be expressed in resolution form.
Section 81.305. TENTATIVE MAP DENIAL. A tentative subdivision or parcel map
may be denied by the City Council on any of the grounds provided by City ordi-
nances or the State Subdivision Map A3~t.
The City Council shall deny approval of the tentative map if it makes any of
the following findings:
(a)
that the proposed map is not consistent with applicable general end
specific plans, including the objectives, policies, general land uses
and programs specified in said plans;
(b) that the design or improvement of the proposed subdivision or lot divi-
sion is not consistent with applicable general and specific plans;
(c) that the site is not physically suitable for the type of development:
(d) that the site is not physically suitable for the proposed density of
development;
(e)
that the design of the subdivision or lot division or the proposed
i~provements are contrary to the policy of the State Legislature as
stated in Chapter 1, cc~encing with Section 21000, of the State Public
Resources Cede, or likely to cause substantial environmental ~a~age or
substantially and avoidably injure fish or wildlife or their habitat;
(f) that the design of the subdivision or the type of improvements is
likely to cause serious public health problems;
Ordinance No. 80
Page 13
(g)
that the design of the subdivision or lot division, or the type of
i~provements will conflict with easements, acquired by the public at
large, for access through or use of, property within the proposed sub-
division or lot division. In this connection, the City Council may
approve a map if it finds that alternate eas~nts for access or for
use will be provided, and that these will be substantially equivalent
to ones previously acquired by the public. This subsection shall apply
only to easements of record or to easements established by judgment of
a court of competent jurisdicition and no authority is hereby granted
to the City Council to determine that the public at large has acquired
easements for access through or use of property within the proposed
subdivision or lot division.
The City Council's denial shall be expressed in resolution form and shall
contain the facts supporting the findings causing the denial.
Section 81.306 CITY COUNCIL ACTION FINAL - REHEARING. The City Council's
action to approve, conditionally approve, or deny a tentative map is final. The
City Council may rehear and reconsider its action on any tentative map, as
follows:
If there is new and different evidence not available at the previous
hearing, the developer, or any other interested person adversely affected by
the action, may file a written request for rehearing along with such evidence,
with the city Clerk.
Any such request for rehearing must be filed in writing with the City Clerk
within ten (10) calenaar days after the action which is the subject of the
request.
Upon receipt of the request the City Clerk shall suhnit the matter to City
Council, along with any staff reports or recc~ar~ndations, at its next regular
m~eting. At that meeting the City Council may, at its discretion, either ~ake
no further action on request or set the matter for another public hearing which
shall be held within 40 days after the date upon which the Council accepted
request for a rehearing, unless the applicant consents to a contin,~ance.
The public hearing shall be noticed in the same manner as prescribed in
Section 81. 302.
A reasonable fee may be charged for the processing of any such request.
At such hearing, the Council may sustain or modify any of its actions which
~re the subject of the request, or may deny or reject the appeal or complaint
of the applicant. Any such action by the City Council shall be expressed in
resolution form.
ordinance No. 80
Page 14
Section 81.307. LENGTH OF TENTATIVE MAP APPROVAL. The approval or conditional
approval of a tentative map shall expire 24 months frcm the date of the adoption
of the resolution by the City Council approving or conditioDally approving the
map. Expiration of an approved or conditionally approved tentative map shall
terminate all proceedings and no final map or parcel map of all or any portion
of the real property included within such tentative map shall be filed with the
City Council for final map approval without first processing a new tentative
map.
Section 81.308. T~4TATIVE MAP EXTENSION. The subdivider or his authorized
agent may request an extension of the expiration date of the approved or con-
ditionally approved tentative subdivision or parcel map by written application
to the Planning Services Department, filed not less than 30 days before the map
is to expire. Such application shall state the reasons for requesting the
extension.
The Director of Planning Services shall review the request and s~,h~it the
application for the extension, together with a report, to the city Clerk who
shall set the matter for public ~hearing in the same manner as prescribed in
Section 81.302, at the next regular meeting following the Clerk's receipt of the
request and report.
A copy of the Director's report shall be forwarded to the subdivider prior
to city Council action on the request.
The City Council shall act upon the extension request within 40 days after
said ~ting and may either approve, conditionally approve, or deny the exten-
sion.· he Council's action shall be i.n r .e~olution form which, if the extension
~Vappr~d, shall specify the new expiration date of the tentative subdivision
or parcel map. No more than three separate extension requests shall be allowed,
and the total of all extensions shall not exceed a total of three years. As a
condition of the extension of a tentative subdivision maP, the City Council may
impose new conditions or revise existing conditions on the approved tentative
map as rec~,~ended by the Planning Services Department in its report, or as it
may find necessary. The action of the City Council on extension requests shall
be final. A reasonable fee shall be charged for the processing of any such
extension, as set by City Council resolution.
Section 81. 309. EFFECT OF ~DRATORI[~ OR LA~SUITS. The period of time spec-
ified in Section 81.307 or Section 81. 308 shall nut include any period of time
during which a development moratorium, as described in Section 66452.6(f) of the
Subdivision Map Act, imposed after approval of the tentative subdivision or par-
cel map is in existance, provided, however, that the length of the moratori~
does not e~-~c~ five ( 5 ) years.
Once a moratori~ is terminated, the tentative subdivision or parcel map
shall be valid for the same period as ~s left to run on the map at the time the
moratori~ ~s imposed. However, if the remaining time is less than 120 days,
the tentative subdivision map or parcel maps shall be valid for 120 days
following the termination of the moratoria.
ordinance No. 80
Page 15
The period of time specified in Section 81.307 or in Section 81.308 shall
not incl,~e any period of time during which a lawsuit _h~_s ~n filed and is
pending in a court of competent jurisdiction involving the approval or con-
ditional approval of a tentative map or parcel map if a stay of the time period
is approved by the City Council. within ten (10) days of the service of the
initial petition or complaint in the lawsuit upon the City, the subdivider may
apply to the City Clerk for a stay of the time period.
The City Clerk shall thereafter notice a public hearing before the City
Council within 40 calendar days after the City Clerk's receipt of the applica-
tion. The public hearing shall be advertised and noticed in the same manner as
prescribed in Section 81.302 of this chapter. At the public hearing, all evi-
dence pertaining to the matter shall be presented and the City Council shall
thereupon either deny the requested stay, or grant the stay for any period not
to exceed five years frcm the date of the service of the initial petition or
complaint in the lawsuit.
The Council's action in approving or denying the application for a stay
shall be in resolution form.
Multiple stays maY be requested and granted purs,~nt to this section pro-
vided the total of all such stays does not exc~ five years.
A reasonable fee may he charged the subdivider to process such a request for
a stay, in the amount as set by City Council resolution.
Section 81.310. AMENDMENTS TO APPROVED TENTATIVE MAP. Requests for non-
substantial changes in an approved tentative map shall be suk~itted to the
Director of Planning Services in a form approved by the Director.
Any non-substantial change may be approved by the Director of Planning
Services and City Engineer provided:
(a) No lots, parcels, units, or building sites are added.
(b) The changes do not substantially alter the street, traffic circulation,
lot, or drainage patterns shown on the approved tentative map.
(c) Such changes are consistent with the intent and spirit of the original
tentative map approval and conditions thereon.
(d) There are no resulting violations of the Poway Regulatory Ordinances.
Any non-substantial changes approved by the Director of Planning Services
and the City Engineer shall be indicated on the approved tentative map on file
in the office of the Planning Services Director.
Ordinance No. 80
Page 16
Requested amendments to the tentative map or conditions thereof which the
Director of Planning Services and/or the City Enginccr consider other than minor
in nature, shall be presented to the City Council for consideration. Any such
changes considered to be major and requiring City Council approval will require
the sukmittal of a replacement tentative subdivision or parcel map, which shall
be prepared and processed in accordance with Sections 81.301, 81.302, and 81.303
of this chapter. A reasonable fee sb~ll be charged for the processing of any
replacement map, as set by City Council resolution.
Auproval or conditional approval of a replacement map shall render the pre-
viously approved tentative subdivision or parcel map null and void. The public
hearing before the City Council regarding the replacement map shall be a new
h~ring without consideration of the previously approved tentative map.
Section 81.401. FINAL MAPS - FORM AND O0NTENT. Ail final maps for five or
more lots, parcel maps, reversion to acreage maps, boundary adjustmmnt plats,
and other maps sulanitted for final City approval, shall be in the form and cp~n-
tity and shall contain and be accu~anied with all the information, cer-
tificates, sigD~tures, data, reports, and other particulars, as required by the
City Council, expressed by resolution.
Section 81.402. SUBMITTAL OF FINAL MAP. After the approval or conditional
approval of a tentative subdivision or parcel map, and prior to the expiration
of such map, the subdivider may cause the real property included within the map,
or any part thereof in the case of subdivision of five or more lots, to be sur-
veyed and a final map prepared in accordance with the approved or conditionally
approved tentative map.
The final map shall be suhnitted for technical review to the City Engineer,
who shall review the map for correctness, survey accuracy, substantial confor-
mance with the approved tentative subdivision or parcel map, compliance with the
conditions of approval thereon, compliance with all requirements imposed by the
Subdivision Map ~t and City ordinances in effect at the time of tentative mp
approval, and for compliance with the requir~nents for form, content, and other
details as set forth by City Council resolution purs,,mnt to this chapter. The
final mp shall be suhnitted to the City Engineer at least 90 calerK~_mr day~
prior to the expiration date of the tentative map.
A reasonable fee shall be paid by the subdivider prior to the City
Engineer's review of the final map, to cover the expenses thereof, in an amount
and in the manner as set by City Council resolution.
When the City Engineer is satisfied as to the above, the subdivider shall
suhnit the original mp tracing in its final form, completely signed and exe-
cuted, to the City Engineer, who shall sign the appropriate certificates and
then transmit the original, along with an explanatory report or transmittal, to
the city Clerk.
Section 81.403. FINAL MAP APPROVAL BY THE CITY COUNCIL. The final map,
together with any subdivision agreement, shall be placed be£ore the City Council
by the City Clerk at the next regular n~eting following the Clerk's receipt of
the final mp frc~ the City Enginccr.
Ordinance No. 80
Page 18
If the final map is sukmitted to the City Clerk prior to the expiration date
of the tentative subdivision or parcel map, but the council ~ting at which its
final approval is to be considered occurs after the expriation date, the expira-
tion date of the tentative map shall be deemed to be extended accordingly, pro-
vided however, the final map is recorded within fift~n (15) days after the date
final approval of the subdivision or parcel map is given by Council.
If the final map conforms to all of the applicable provisions of the
Subdivision Map Act and the requirements of all City ordinances applicable at
the time the tentative subdivision or parcel map ~s approved or conditionally
approved, any subsequent conditions added, and any rulings made thereunder, the
City Council shall approve the map, and if it does not so conform, the City
Council shall disapprove the map.
If the City Council does not approve or disapprove the final map at the
m~cting at which it received the map, or at its next regular meeting after the
meeting at which it received the map, or after any continuance which wss
mutually approved by the subdivider and the City Council, and the map does con-
form to the Subdivision Map Act and all city ordinances, it shall be dc~---~ad
approved, and the City Clerk shall certify approval thereon.
The City Council shall not deny approval of a final parcel map if it has
previously approved a tentative parcel map for the same subdivision and it finds
the final parcel map is in substantial compliance with the previously approved
tentative map.
Section 81.404. OT~R ACTIONS BY THE CITY COUNCIL. At the same ~m~cting at
which the final subdivision map or parcel map is scheduled for approval, the
City Council may also approve the subdivision agreement for the construction of
improvements, accept improvea~nt securities, conditionally accept or reject
dedications or offers of dedication, and take other actions as prescribed in the
Subdivision Map Act and this Division.
Section 81.405. FTLING ~mIPLE MAPS; SUBMITTAL BY UNITS. Mnltiple final maps
relating to an approved or conditionally approved tentative map maY be filed
prior to the expiration of the tentative map if:
(a) the subdivider, at the time the tentative map is filed, informs the
Director of Planning Services of the subdivider's intention to file
multiple final maps on the tentative map; or
(b) after filing of the tentative map, the Director of Planning Services
and the subdivider concur in the filing of multiple final maps.
In providing such notice, the subdivider shall not be reequired to define in
advance the number of configuration of the proposed multiple maps.
Ordinance No. 80
Page 19
In order to assure a logical and orderly development of the entire sub-
division, and to assure the provision of adequate access, streets, utilities,
and other needed improvements, the shape, configuration, and location of each
final map increment or unit sb~ll be subject to the review and approval of the
Director of Planning Services and the City Engineer, who may require that
necessary dedications and improvements outside the increment or unit under con-
sideration to be made, and/or ~aranteed to be constructed by the execution of
appropriate agreements and posting of improvement securities.
Section 81. 406. FIT.T~ MAPS WITH OOUNTY REEORDER. Upon approval of the final
map by the City Council and its acceptance of an improvement agrc~--~le, nt and
security, the City Clerk shall execute the appropriate certificate on the cer-
tificate shcct and forward the map, or have an authorized agent forward the map,
to the Clerk of the County Board of Supervisors for transmittal to the County
Recorder. In the case of a final parcel map, the final map shall be forwarded
directly to the County Recorder.
A reasonable fee shall be paid by the subdivider to cover the cost of recor-
dation of the final map as set by City Council resolution. Upon recordation,
the subdivider shall provide the City Engineer with a reproducible mylar copy of
the recorded map, and with a sufficient number of prints of the map as are
determined by the City Engineer for City record k~eping purposes.
Section 81. 407. ~ OF FINAL PARCEL MAP. The requirement that a final par-
cel map be prepared, filed for approval, and recorded may be ~ived, provided a
finding is made by the City Council that the proposed subdivision complies with
the requirements as to area, i~provement and design, flood and runoff drainage
control, appropriate improved public roads, sanitary disposal facilities, w~ter
supply availability, fire protection, environmental protection, and other
requirements of this division and the Subdivision Map Act. The following types
of subdivisions are hereby deemed to comply with the findings required by this
section for waiver of a final parcel map, unless a showing is made in individual
cases upon substantial evidence that public policy necessitates such a final
parcel map:
(a) A division of land for or resulting frs the conveyance of land to or
frcal a governmental agency, public entity, public utility, or for land
conveyed to a subsidiary of a public utility for conveyance to such
public utility for rights-of-way;
(b) A division of land wherein no dedications or improvements are required,
and the entire exterior boun8ary of which is mon~nted and shown on
subdivision maps or parcel maps which ~re approved and recorded after
Febz~3~ry 1, 1972.
Subdivisions wherein dedications are required, or where improvements are to be
installed or guaranteed to be installed by the execution of a secured agreement
as a condition of tentative parcel map approval, are hereby d~=d not to (xmply
with the findings required by this section for waiver of a final parcel map, and
a final parcel map shall be required.
Ordinance No. 80
Page 20
When a final parcel map has been ~ived pursuant to this section, the City
Engineer shall cause to be filed with the County Recorder a "Certificate of
C~,pliance" for the land being divided. A reasonable fee shall be charged for
the preparation and recordation of such a Certificate of C~]~liance, as set by
City Council resolution.
The processing of any application for the division of land purs,,ant to this
section shall be Subject to the same time limits, appeal provisions, and time
extensions as specified in Chapter 3 of this division.
Section 81. 408. MAPS FOR REVERSION TO ~CREAGE. A final map shall be required
for the reversion of subdivided real property to acreage. Such reversion pro-
cess shall be done in accordance with Section 66499.11 et. seq. of the
Subdivision Map Act.
The City Council shall, as a condition precedent to the approval of a rever-
sion, make the findings as required in the above specified section of the
Subdivision Map Act, and may require dedications, offers of dedication and
improvements for the purposes specified elsewhere in this division.
Subdivided lands may be merged and resubdivided without reverting to acreage
by complying with all the applicable requirements for the subdivision of land as
provided by this division and the Subdivision Map Act. The filing of the final
map or parcel map shall constitute legal merging of the separate parcels into
one parcel and the resubdivision of such parcel. Any unused fees or deposits
previously made pursuant to this division pertaining to the property shall be
credited pro rata towards any requirements for the same purposes which are
applicable at the time of resubdivision. Any streets or easements to be left in
effect after the resubdivision shall be adequately delineated on the map. After
approval of the merger and resubdivision by the City Council, the map shall be
delivered to the County Recorder. The filing of the map shall constitute legal
merger and resubdivision of the land affected thereby, and shall also constitute
abandonment of all streets and easements not shown on the map.
Section 81.408.1. REVERSION BY PARCEL MAP. A final parcel pap may be filed
for the purpose of reverting to acreage, land previously subdivided and con-
sisting of four (4) or less contiguous parcels under the same ownership. Any
map so sutx~itted shall be accompanied by evidence of title and nonuse or lack of
necessity of any streets or easements which are to be vacated or abandoned. Any
streets or easements to be left in effect after the reversion shall be ade-
quately delineated on the map. After approval of the reversion by the City
Council, the map shall be delivered to the County Recorder. The filing of the
map shall constitute legal reversion to acreage of the land affected thereby,
and shall also constitute abandonment of all streets and easements not shown on
the map. The filing of the map shall also constitute a merger of the separate
parcels into one parcel for purposes of this chapter. Except as provided in
subdivision (f) of Section 66445 of the Subidvision ~ Act, on any parcel map
used for reverting acreage, a certificate shall appear signed and acknowledged
by all parties having any record title interest in the land being reverted, con-
senting to the preparation and filing of the parcel map.
Ordinance No. 80
Page 21
Section 81.408.2. M~RGRR WITHOUT FINAL MAP.
(a)
Upon application by the owner thereof, in a form approved by the City
Engineer, contiguous parcels under the same ownership may be merged
without filing a map for the reversion to acreage. The form and con-
tent of such application and the information, data, fees, and other
details required for the processing of same, shall be as set by City
Council resolution.
The City Engineer shall have the authority to approve such mergers, and
no final map shall be required provided the merger does not involve:
streets or other ~nts to be vacated;
previously posted agreements or securities for in~provements;
previously paid fees or deposits made pursuant to the divi-
sion of the properties to be merged.
Upon approval of such a merger, the City Engineer shall cause to be
prepared an appropriate instrtm~nt describing the parcels to be merged,
which shall be executed by the owner involved and the City Engineer and
which shall thereafter be recorded with the County Recorder.
(b)
By City:
T~ or more contiguous parcels or units of land which have been created
under the provisions of the Subdivision Map Act or any prior law regu-
lating the division of land or by County or City ordinance enacted pur-
suant thereto, or which were not subject to such provisions at the time
of their creation my be deemed merged by the City if all the following
conditions apply:
1. any one of the contiguous parcels or units does not ccmply or
confom to stan~_mrds for minimum parcel size thereby
precluding its use or developmmnt under City zoning, develop-
ment, or subdivision codes or ordinances in effect;
2. at least one of the contiguous parcels or units is not deve-
loped with a building for which a permit has ~-~cn issued by
either the city of the County of San Diego;
3. the contiguous parcels or units of land to be deemed merged
are under the san~ ownership.
Ordinance No. 80
Page 22
(c)
Whenever the City considers that contiguous parcels or units of land
have merged as provided above, the Director of Planning Services shall
direct the preparation of an appropriate instrument describing the real
property deemed merged, and specifying the record owners of said pro-
perty as said owners are listed on the latest tax roll. Such instru-
ment, or notice of merger shall thereafter be filed for record with the
office of the County Recorder provided that, at least 40 days prior to
the recording of the notice, the owner of the parcels or units to be
affected by the merger are advised of the intention to record the
notice.
Any such notification shall be in writing, sent by United States Mail
to the address of the owner as specified on the latest ~a~ roll, and
shall contain the date, time, and place of a public hearing at which
the owner may present evidence to the City Council as to why such
notice should not be recorded.
Appeals:
An appeal of the City Engineer's decision regarding a merger shall be
filed in writing with the City Clerk within ten (10) days following the
City Engineer ' s decision.
BOUNDARY ADJUSTMENTS
Section 81.501. APPLICABILITY. Notwithstanding any other provisions of this
division to the contrary, the procedure set forth in this chapter shall govern
the processing of and requirements for boundary adjustn~nts and adjustment
plats. Any adjustment plat may be filed purs,~ant to the provisions of this
chapter to adjust the boundaries bet~en two or n~re adjacent parcels, where the
land ~aken frc~ one parcel is added to an adjacent parcel, and where a greater
or lesser number of parcels than originally existed is not thereby created pro-
vided the City Engineer determines that the proposed boundary adjustment does
not:
(a) Create any additional lots.
(b) Include any lots or parcels which are not legal lots, as defined by
city Ordinance.
(c) Impair any existing access or create a need for new access to any adja-
cent lots or parcels.
(d) Impair any existing easements or create a need for any new easements
serving any adjacent lots or parcels.
(e) Increase or decrease the gross area of any property involved by more
than 20%.
(f) Require substantial alteration of any existing improvements or create a
need for any new improvements.
(g) Adjust the boundary between lots or parcels for which a Covenant of
Improvement Requirements barn been recorded and all required improve-
ments stated therein have not ~cn completed unless the City Engineer
determines the proposed boundary adjustment will not significantly
affect said Covenant of Improvement Requirements.
Section 81.502. PROC~DURE FOR APPROVAL.
(a) ADplication. The applicant sb~ll file an application for approval of an
adjustmmnt plat with the city Enginccr acccmpanied by such other information
as required by the City Engineer, and a reproducible adjustment plat, and a
fee, all of which sb~ll be in a form, content, and amount es required by the
City council, expressed by resolution. The City Engineer shall refer copies
of such plat and application to other City Departments and public agencies
for review and comment thereon.
Ordinance No. 80
Page 24
(b) Sewage Disposal. An application for Boundary ~justment will not be
approved unless it can be shown that each resultant parcel has or can be
provided with adequate sewsge disposal facilities as follows:
(1) each parcel is connected to a sanitary sewar; or
(2) sanitary sewer service is available to each parcel; or
(3) in the case of parcels without sanitary sewer availability, the
county Health officer has certified in writing that said parcels
have ~cn approved for installation of an on-site sewage disposal
system in accordance with applicable County ordinances.
(c) Water Su~91y. An application for boundary adjustment will not be approved
unless it can be shown that each resultant parcel bas or can be provided
with an adequate potable water supply, as follows:
(1) each parcel is connected to the City water system; or
(2) City water service is available to each parcel; or
(3) in the case of parcels without City water availability, an adequate
water supply can be provided for each by the installation of walls,
galleries, or other devices, which can provide the quantity and quality
of water as specified in applicable city ordinances or adopted poli-
cies.
(d) Approval. Within 45 calendar days after said application for a boundary
adjustment bas been filed, the City Enginccr shall notify all persons,
including businesses, corporations, or other public or private entities,
shown on the last equalized assessment roll as owning real property within
500 feet of the property which is the subject of the proposed adjustment.
Notice shall also be given to the members of the city council. Such notice
shall describe the proposed adjustment and all recipients may, within ten
(10) calendar days of the mailing of said notices, reply or respond to the
city Engine; in writing or in person. Any coam~nts or objections received
shall be taken into account by the city Engineer prior to his final decision
to approve conditionally, approve, or deny the adjustm=-nt-
within twenty (20) calendar days of the date said notice was mailed or deli-
vered, the City Engineer shall approve, conditionally approve, or deny the
adjustment application, and notify the applicant in writing of the City
Engineer ' s action.
(e) Certification. If the City Engineer determines that the adjustment plat
meets the requirements of this chapter, he shall certify on the adjustment
plat that it has ~n approved pursuant to this chapter and file it in the
Ordinance No. 80
Page 25
office of the City Engineer. A revised adjustment plat shall be suk~itted
for certification when the City Engineer finds that the number or nature of
the changes necessary for approval are such that they cannot be shown
clearly or simply on the original adjustment plat.
Section 81.503. CONDITIONS FOR APPROVAL OF ADJUSTMENT PLATS. ~henever appli-
cable, the City Enginccr may prescribe the following conditions for approval of
an adjustment plat:
(a) Parcel Boundaries. Relocation of lot lines to provide lots that meet the
requirements of the County Health Officer, standards of lot design specified
elsewhere in this division, or in the City Development Code.
(b) Access. The provision of safe and adequate access to each lot or parcel
within the adjustment plat.
(c) Inundation Line. The addition of a distinctive boundary line, clearly
labeled, which delineates the limits of any area determined to be subject to
flooding or inundation under 100 year flood conditions. The plat shall con-
tain an appropriate note stating said area is subject to flooding or inun-
dation.
(d) Dedication and Improvement. The dedication and/or improvement of any
strcct, right-of-way, easement, or trail as depicted upon or within the
General Plan or any element thereof, or any specific plan, or other adopted
plan, or when required to provide uniform right-of-way widths, provide con-
nections bet~en other ~ements, provide continuity in trails or ways, or
to protect environmentally sensitive objects or areas.
(e) Record of Survey Map. Sen, in the opinion of the City Engineer, boundary
monumentation or information of record on the parcels being adjusted is
lacking, or where the proposed new boundary lines are of such alignment or
complexity that their locations will not be readily traceable, or when any
resultant parcel will thereafter be of such size as to allow division, then
the City Engineer may require that all or specified portions of the parcels
be surveyed and mon~ented, in which case Record of Survey map, prepared in
accordance with the State Land Surveyors Act, shall be prepared and filed
with the County Recorder.
(f) Dcc~s. Provision of copies of the recorded deeds conveying land between
the applicants to effectuate the adjustment.
Section 81.504. TIME TO COMPLY. All conditions placed upon the approval of a
beun~ary adjustment and adjustment plat by the City Engineer, shall be mst and
completed within six months frc~ the date of conditional approval of the adjust-
msnt. Failure to do so shall terminate all preceedings.
Ordinance No. 80
Page 26
Section 81.505. ADJUS~ C~RTIFICATE OF COMPLIANCE. Upon approval of the
adjustment, and upon ccapletion of all conditions thereon, within the time limit
prescribed herein, the City Engineer sahll cause to be filed with the County
Recorder a "Certificate of C~[oliance - Boundary Adjustment", which shall
describe the parcels as finally adjusted.
Section 81.506. APPEALq. Any applicant aggrieved by any decision of the City
Engineer made relative to an application for Boundary Adjustment, or by any con-
dition of approval thereon, may appeal to the City Council by the filing of a
written appeal with the City Clerk within ten (10) days from the date of his
receipt of the City Engineer's conditional approval or denial of the adjustment.
The City Clerk shall set the matter before Council at the next regular n~eting
following the Clerk's receipt of the appeal. The City Council shall consider
the appeal and make its decision within 30 days thereafter, and may either
sustain or modify the City Engineer's actions. This action by City Council
shall not require a public hearing.
CMAPTER 6
DEDI~TIONSANDRES~V~I~S
Section 81.601. r~.DICATION OF STR~RmS, AT.T.RYS, AND OTH~ PUBLIC RIGHTS-OF-I4AY
OR EASEMENTS. As a condition of approval of any tentative map or boundary
adjustment, the subdivider shall be required to dedicate or make an irrevocable
offer to dedicate real property within the subdivision for streets, alleys,
drainage and wrater ~.~aents, public utility easements and other public ~e-
ments including, but--not limited to easements for recreation trails, equestrian
trails, open space, and sewers.
Dedications or offers of dedication of streets and highways may include a
requirement that direct access rights and abutters rights to such street or
highway be ~ived frcm any property shown on the final subdivision or parcel map
as abutting thereon, and if the dedication is accepted, any such ~iver shall
thereupon beccme effective.
Dedication or offer of dedication my also be required for bicycle paths and
land for local transit facilities such as bus turnouts, benches, shelters,
landing pads, and similar items, subject to the provisions of Sections 66475.1
and 66475.2 of the Subdivision Map Ax~t.
Section 81.602. PARK LAND DEDICATION.
By separate Ordinance.
Section 81.603. ~W-qERVATIONS.
Section 81.603.1. ~%~RAL. As a condition of approval of a rap, the sub-
divider shall reserve sites, appropriate in area and location, for parks,
recreational facilities, fire stations, libraries or other public uses according
to the s~n~dards and formula contained in this section.
Section 81.603.2. STANDARDS FOR I~F-qERVATION OF LAND. 1~ere a park,
recreational facility, fire station, library, or other public use is shown on an
adopted specific plan or adopted General Plan or any element thereof, the sub-
divider may be required by the City to reserve sites as so determined by the
City or County in accordance with the definite principles and standards con-
tained in the above specific plan or General Plan. The reserved area must be of
such size and shape as to permit the balance of the property within which the
reservation is located to develop in an orderly and efficient manner. The
amount of land to be reserved shall not make developmmnt of the r~maining land
held by the subdivider economically unfemmible. The reserved area shall conform
Ordinance No. 80
Page 28
to the adopted specific plan or General Plan and shall be in such multiples of
streets and parcels as to permit an efficient division of the reserved area in
the event that it is not acquired within the precribed period; in such an event,
the subdivider shall wske those changes as are necessry to permit the reserved
area to be developed for the intended purpose consistent with good subdividing
practices.
Section 81.603.3. PROCEDURE AND PAYMENT. The public agency for whose benefit
an area has been reserved shall, at the time of approval of the final map or
parcel map, enter into a binding agrc~---aent to acquire such reserved area within
two years after the completion and acceptance of all improvements, unless such
period of time is extended by mutual agreement.
The purchase price shall be the market value thereof at the tim~ of the
filing of the tentative map plus the ~xes against such reserved area frcm the
date of the reservation and any other costs incurred by the subdivider in the
maintenance of such reserved area, including interest costs incurred on any loan
covering such reserved area.
Section 81.603.4. TERMINATION. If the public agency for whose benefit an area
has been reserved does not enter into such a binding agreement within the time
limit specified herein, the reservation for such area shall automatically ter-
minate.
Section 81.604. D~DICATION PROCEDURE. Pursuant to Section 66447 of the
Subdivision M~? A~"t, all dedications or offers of dedication required by the
provisions of this division shall he made as follows:
(a) All dedications or offers of dedication within the bounSary of the sub-
division or parcel map shall be made by certificate on the ~ap. Any such
dedication or offer of dedication shall be free of any burden or encumbran-
ces which would interefere with the purposes for which the dedication or
offer of dedication is required.
(b) All dedications or offers of dedication lying outside the boundary of the
subdivision map or parcel map or required of a boundary adjustm=.nt, shall be
made by separate instrument and sb~ll be recorded prior to or concurrently
with the filing of the final parcel map or subdivision map or boundary
adjustment. Such dedications or offers of dedication shall be signed and
acknowledged by the same parties and in the same manner as set forth in
Sections 66436, 66439 and 66447 of the Subdivision Map Act. An irrevocable
offer of dedication shall be in such terms as to be binding on the owner,
his heirs, assigns or successors in interest, and except as provided in sub-
section (b) of Section 66477.2 of the Map Act, shall continue, until the
City Council accepts such offer or it is vacated purs,,ant to the provisions
Ordinance No. 80
Page 29
of said Section 66477.2. Any such dedication or offer of dedication shall
be free of any burden or encumbrances which w~uld interfere with the pur-
poses for which the dedication or offer of dedication is required. The sub-
divider shall provide a current preliminary title report, including an
appropriate plat, satisfactory to the City E~gineer.
(c) Easements for public utilities or other public agencies may be dedicated to
and accepted by a public utility or agency by certificate on the final map.
(d) The provisions of paragraph (a) above notwithstanding dedications or offers
of dedication within the boundary of a parcel map ~sy be made by separate
instrument if the City Engineer determines that the use of separate instru-
r~nts is appropriate. In such cases the provisions of paragraph (b) above
shall apply.
(e) $9~en no final parcel map is required, all dedications or offers of dedica-
tion shall comply with the provisions of paragraph (b) above.
Section 81.604.1. ACCEPTANCE PROCEDURE.
(a) The final map shall contain a certificate for execution by the Mayor or
other city officer so designated by the City Council to act on its behalf,
stating that the Mayor or other designated officer acting on behalf of the
City Council ha~ accepted, accepted subject to improv~ent, or rejected, on
behalf of the public, any real property or property interest offered for
dedication for public use, including but not limited to real property,
rights-of-way, and easements for park, road, street, alley, path, water,
se~r, drainage, flowage, equestrian, recreation, open space, or other
public purposes.
(b) If at the time the final map is recorded, any offer of real property, right-
of-way, easement, or any other offer of dedication is rejected, the offer of
dedication shall remain open and the City Council may by resolution at any
later date, and without further action by the subdivider, rescind the action
and accept the real property, right-of-way, or easement, or any portion
thereof, and open the roads, streets, alleys, easements or other offers of
of the County Recorder, as set forth in Sections 66463, 66477.1, 66477.2,
66477.3 of the Government Code.
Section 81.604.2. TITLE COMPANYREi~RTANDGU~.
(a) To expedite the verification of ownership and survey procedure by the City
Engineer, a current title report or parcel map report, including an
appropriate plat frcm a qualified title insurance company, which shall
include all appurtenant access easements, shall accompany each final ~p
when it is initially sukmitted for the City Enginccr's approval. ~hen the
City Engineer is satisfied that the boundary and survey procedure is tech-
nically correct as shown on the map and prior to approval of the final map,
a map c~mrantee from a qualified title insurance company shall be filed with
the City Engineer, which shall include a legal description of the property
which agrees with the final map.
Ordinance No. 80
Page 30
(b) The map guarantee sb~ll insure that the parties named therein are the only
p~rties having any record title interest in the land subdivided and tb~t all
record easements upon the property are included therein. Said easements
will be shown on the final map as directed by the City Engineer.
(c) Prior to the date the approved final map will be transmitted to the County
Recorder, a letter frcm the title company shall be presented to the City
Engineer stating that according to the records in the office of the County
Recorder at the time of filing of the final map in said office, the parties
consenting to such filing are all of the parties having a record title
interest in the land being subdivided whose signatures are required by
Division 2 of Title 7 of the State Government Code and any City of Poway
code enacted pursuant thereto.
Section 81.604.3. CERTIFICATES. All certificates required on the final sub-
division or parcel map shall be in a form and content as specified by resolution
of the City Council. Such certificates shall include those required for execu-
tion by the owners of record, the subdivider, City Clerk, City Engineer, County
Recorder, County Engineer, Director of Planning Services, and the engineer or
surveyor who prepared the map. Other certificates and acknowledgments may be
required as specified by Council resolution.
Section 81.701. PURPOSE. The purpose of this chapter is to define, specify,
regulate, and control the design and improvement of public works facilities,
both onsite and offsite, and other construction requirements imposed as con-
ditions of the acceptance or approval or conditional approval of subdivision
maps, parcel maps, boundary adjustments, reversions to acreage, land development
by use permit or building permit, or other public works permits, and all other
procedures and processes wherein public or private improvements, construction,
and improvement or construction plans are required as a condition prior to offi-
cial City approval.
Section 81.702. CITY STANDARDS AhD SPECIFICATIONS. All public and private
improvements and construction required and described in this chapter shall con-
form to the standards, policies, and specifications of the City of Poway, as
adopted by resolution of the City Council, on file in the office of the Poway
City Clerk.
Section 703. IMPROV~9~US R~UIRED. The minim~ public and/or private im-
provements and conditions which shall be required to be made or guarantccd to be
made under the provisions of this division shall include all or any combination
of the following:
(a)
The improvement of public and private streets to provide suitable
access and traffic circulation, including the construction and paving
of streets, alleys, paths, access ways, private streets, and easements,
and the construction of sidewalks, curbs and gutters, driveway
approaches, transitions, and other street work appurtenant thereto, and
the execution of a Road Maintenance Agr~-~ent, in a form approved by
the City Attorney, covering the maintenance of all non-dedicated
streets and access ways.
(b)
A sewerage system, consisting of either a gravity sanitary sewerage
system or a septic system approved by the County Health Officer, to
provide adequate collection of waste from each lot, parcel, or struc-
ture within the area being divided or developed.
(c)
A water supply system, capable of supplying adequate supplies of
potable water, either from the City's water system or frem dcmestic
wells.
(d)
A fire protection system, consisting of hydrants and appurtenances,
including storage tanks capable of providing fire protection to the
lots, parcels, and structures, shall be installed as required by the
Director of Safety Services.
Ordinance No. 80
Page 32
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
Storm drain systems, capable of adequately collecting and disposing of
storm runoff, shall be installed as required to protect the area of
development from flooding, inundation, and frcm ~amage caused by ero-
sion or sedimentation.
A street lighting system.
Traffic control and warning signs, pavement striping and markings.
Traffic signal facilities, including controllers, sensors, safety
lighting and interconnecting facilities and appurtenances.
Tandscaping and irrigation facilities and improvements in conjunction
with highway slopes, median islands, and parkway beautification.
Installation of trails, hiking trails, bicycle paths, equestrian
trails, and other facilities as required on any elen~nt of the Poway
General Plan.
Installation of utilities, including telephone, electrical power, gas,
and cable television systems and facilities to each lot, parcel, or
structure in the area of development. All new utility distribution
facilities within the boundaries of any subdivision or parcel mD, or
any b~lf-street abutting same shall be placed underground. Trans-
former, terminal boxes, meter cabinets, pedestals, concealed ducts, and
other facilities appurtenant to such underground facilities m~y be
placed above ground. The requirement for undergrounding existing uti-
lities shall not apply to any overhead power transmission lines in
excess of 34,500 volts and long distance and main trunk cc~unication
facilities. The requirement for undergrounding existing utility faci-
lities may be waived or modified by the City Engineer in accor_~ance
with criteria and provisions for such as adopted by resolution of the
City Council.
Improvements of supplemental size, capacity, or number for the benefit
of property not within the boundaries of the subdivision, parcel map,
or area of development. All such additioD~l or supple~nental facilities
shall be dedicated to the City for public use. ~hen such additional or
supplemental facilities are required, the City may enter into a reim-
bursement agreement with the subdivider or developer, in a form
approved by the City Attorney, which shall provide for reimbursement
from all parties or owners of properties benefited by said facilities
at the time such facilities are utilized by said parties, owners, or
properties. The amount of the reimbursement shall be equal to the dif-
ference in cost betwaen the total actual cost of the improvements,
including the additional or suppl~nental facilities, and the cost of
the improven~nts had not the additioD~l or supplemental facilities ~-cn
required.
Ordinance No. 80
Page 33
(m)
(n)
(o)
Masonry, w~od or cc~posite material fences and walls, for sound atte-
nuation, separation, beautification, or for the control of erosion and
sloughage onto public sidewalks or streets.
Any other facility or improvement d~ necessary for the public
health and safety and the orderly development of the surrounding area.
The design of a subdivision for which a tentative map is required, pur-
s,~ant to Chapter 2 of this division, shall provide to the extent
feasible, opportunities in the subdivision or lot division for future
passive or natural heating or cooling.
Examples of passive or natural heating opportunities include
design of lot or parcel size and configuration to permit orientation of
structures in an ea_st-~st alignment for southern exposure; and design
of lot or parcel size and configuration to permit orientation of struc-
tures to take advantage of shade or prevailing breezes.
In providing for future passive or D~tural heating or cooling
opportunities in subdivision design, consideration shall be given to
local climate, contour, configuration of the property to be divided,
and to other design and improvement requirements, and such provision
shall not result in reducing allowable densities or the percentage of a
lot which may be occupied by a building or structure under applicable
planning and zoning in force at the time the tentative map is filed.
(p) Each lot within the subdivision or parcel map shall have
unobstructed access to sunlight to an area of not less than 100
sq, mre feet, falling in a horizontal plane 10 feet above the grade
of the ~uil~able area of the lot. The condition of unobstructed
solar access shall be considered to be achieved when a specific
area of not less than 100 sqq~re feet has an unobstructed skyview
of the sun bst~=en azimuths of the sun at 45 degrees to the east
and 45 degrees to the w~st of true south on December 21. The pur-
pose of this requirement is to assure solar access to solar water
heating systems as required by other applicable codes, located on
any future structure built on the lot.
(1) This requirement shall not apply to specific lots whenever a
subdivider can nl~,~nstrate that it is infeasible to comply
due to:
i. A finding that the provisions of this section will
result in reducing allowable densities under appli-
cable planning and zoning in force at the time the
tentative map is filed.
ordinance No. 80
Pa~e 34
ii.
iii.
iv.
A finding that the provisions of this section will
result in reducing the percentage of a lot which
may be occupied by a building or structure under
applicable planning and zoning in force at the time
the tentative rap is filed.
A finding that c~mpliance cannot be accomplished in
a successful manner within a reasonable period of
time, ~aking into account economic, environmental,
social and technological factors.
A finding that it is infeasible to comply due to
topographic conditions on or surrounding the land
being subdivided, the configuration or orientation
of the property being subdivided or existing road
patterns contiguous to the subject property.
v. A finding that the nature of the existing or
allowed future development contiguous to the sub-
ject property precludes adequate solar access to
specific lots.
No final approval shall be given to any final subdivision map,
parcel map, reversion map, adjustment plat, land development permit,
use permit, building permit, or other procedure or process requiring
City approval, until all improvements required as a condition of its
approval or conditional approval have either been constructed in accor-
~nce with City standards and specifications, or the subdivider or
developer has entered into a suitable agreement to do such ~)rk and
i~0rovements and has posted improv~m~ent securities, all as required and
described elsewhere in this division.
Section 81.704. IMPR~ PLANS. Improvement plans for all required imp-
rovements conditioned upon the approval or conditioned approval of any sub-
division map, parcel map, or other action or procedure requiring City approval,
shall be required to be prepared and approved prior to their construction.
Such plans shall be prepared by a civil Engineer, registered in the State of
California. Improvement plans sb~ll show complete plans, profiles, and details
of all improvements to be constructed, and shall be in a form and content as
approved by the City Engineer.
Any such plans sukmitted for the approval of the City Engineer shall be
accc~panied with all such supplementary plans, plats, sketches, calculations,
and studies as required by the City Engineer, including but not limited to
hydrology studies, hydraulics studies, structural calculations, quantity estima-
tes, bond estimates, cost estimates sewerage and ~ter studies, septic system
feasibility analyses, ~ter well yield analyses, geohydrologic studies, soil
ordinance No. 80
Page 35
reports, geology reports, traffic studies, pavement analyses, and all such other
information and data as required to determine compliance with City standards,
specifications, policies, and accepted good engineering practice.
Section 81.704.1. REVIEW BY CITY ENGINm~R. Improvement plans as required
herein sb~ll be sulm~tted for the review and approval of the City Engineer.
Upon completion of his review, and upon correction and revision of the drawings
and when the City Engineer ba~ ~cn satisfied that they comply with City stan-
dards, specifications, and policies, with the conditions of approval of any map
or permit, and when all fees and charges have been paid for such review and
required securities posted as outlined elsewhere in this division, the City
Engineer shall sign and date the plans. Upon his signature, the originals of
the drawings sb~ll become the property of the City of Po~y. The originals will
thereafter be made available for reproduction to the subdivider and his engineer
through bonded blueprinting establishments.
A reasonable deposit shall be paid by the subdivider or developer, prior to
the City Engineer's review of any improvement plans, to cover the expenses
thereof, in an amount and the manner set by City Council resolution.
The City Engineer's signature upon such drawings shall not be construed as
his or the City's acceptance or approval of the detailed design, exact grades,
or mathematical correctness of the drawings, but shall only be interpreted as
his and the City's approval of the general design content and with its
compliance with established City s~n~rds, policies, and specifications, and
substantially with the conditions of approval of any tentative map or permit
attendant thereto.
Section 81.704.2. REVISIONS TO APPROVED PLANS.
(a) By Subdivider:
Requests by the subdivider or the engineer for revisions to the approved
plans appearing necessary or desirable during construction shall be sub-
mitted in writing to the City Engineer or his appointee and shall be accom-
panied by drawings showing the proposed revision. If the revision is
acceptable, the originals shall be made available for revision in a manner
as approved by the City Engineer, and afterwsrd shall be initialed by the
city Enginccr signifying approval of the revision. Construction of any pro-
posed revision will not be permitted to commence until such revision has
been approved and revised plans have been received and forwarded to the
City's Engineering Inspection Division.
(b) By City Engineer:
When revisions are deemed necessary by the City Engineer to protect public
health and safety, or as field conditions may require, the subdivider and
his engineer shall be so notified. The subdivider's engineer shall revise
the plans and transmit copies to the City Engineer for reviewand approval
Ordinance No. 80
Page 36
within such time as specified by the City Engineer. Construction of all or
any portion of the improvements may be stopped by the City Engineer until
his required revisions have been incorporated into the drawings and revised
drawings have ~cn s,~hnitted and approved. The subdivider may appeal revi-
sions required by the City Engineer to the City Council by filing an appeal
with the City Clerk within ten (10) working days following receipt of the
request to revise the plans.
C~k~Fr~ 8
AND S~CURITIES
S~CTION 81.801. GEN~KAL. The construction of all public and private improve-
m~nts required in this division as a condition of the approval of subdivisions,
parcel maps, reversions, use permits, and other actions or procedures requiring
City approval, shall be ~,~ranteed to be installed, provided, and constructed by
the execution of a suitable agreement between the City and the subdivider or
developer in a form generally described herein and approved by the City
Attorney. All such agreements shall contain the terms and conditions to be met
by the subdivider or developer and shall specify a reasonable time in which to
construct the improvements or perform the requirements and obligations of the
agreen~nt. The time allowed for the completion of the ~rk shall be as spe-
cified by the City Engineer and shall depend on the amount and complexity of the
work involved, the type of development, and other factors as he may see fit.
All such agrcc~ments shall be executed by the owner, or the developer, or the
subdivider of the property being developed or subdivided. All such signatures
shall be acknowledged before a Notary Public, and the agreements sb~ll be accom-
panied by evidence substantiating the signer's position, title, and authority to
bind the person, company, partnership, corporation, or other business entity to
the actions, obligations, and responsibilities contained in the agrc~ent.
A reasonable deposit shall be paid by the subdivider or developer prior to
the City Engineer's inspection and checking of the construstion of such i~prove-
ments, to cover the expenses thereof. In an amount and in the manner as set by
city Council resolution.
Section 81.802.
and provide for:
(a)
Any performance agr~Nent shall contain
Construction of all required improvements per the approved plans and
specifications and an estimate of the cost.
(b) Cu~pletion of all improvements within a specified time.
(c) The right of the City to modify the plans and specifications if
necessary for the public health and safety, for the orderly development
of the surrounding area, or if field situations, changed conditions,
design error or c~ission require such modifications.
(d) Improvement security in the amounts and of the type required by this
chapter.
(e) ~rranty of the construction by the subdivider or developer for spe-
cified time limits.
(f) Payment of all necessary and required fees, deposits, assessments, and
costs as specified in this division or any other applicable code, ordi-
nance, or resolution.
Ordinance No. 80
Page 38
(g) Maintenance and repair of any defects in materials or workmanship.
(h) Rel~.~e of the City frcm all liability incurred by the development, and
the subdivider's or developer's payment of all reasonable attorney's
fees that the City my incur because of any legal action arising from
the agreemmnt or subdivision or development.
(i) Ail construction to be performsd by contractors licensed in this State.
(j) Workman's C~L~ensation insurance and liability insurance by the sub-
divider, developer, their contractors and subcontractors, in the
amounts and limits specified.
(k) The maintenance and upkeep of all improvements until such time as for-
rally accepted by the city, and for the continued maintenance of pri-
v-ate, non-dedicated roads.
(1) The monumentation of the boundary and property lines within the devel-
opment, suhnittal of survey tic notes, and the ~mrantee thereof by the
posting of a cash or surety bend.
Section 81.802.1 APPROVAL OF ~E~R. NENT. All performance agreements as herein
required shall be presented to the City Council for approval at the same meeting
at which any final subdivision map or final parcel map is s~hnitted for final
approval. Upon approval of the instrument by Council, it shall be executed by
the Mayor or other authorized representative on behalf of the City. Upon execu-
tion, the city may require that the agreea~nt be recorded with the County
Recorder.
Other performance agrc~--m~nts required for boundary adjustments, use permits,
and for other actions and procedures requiring City approval may be approved and
executed on behalf of the City by the City Engineer, provided however that the
estimated cost of the improven~nts or obligations secured is less than $100,000.
Prior to approval by the City, all performance agreements shall be reviewed
and approved by the City Attorney.
Section 81.802.2. DEFERRED IMPR~ AG~Rm.~NT. In subdivisions of four or
fear parcels, or where a use permit or building permit is requested, or where
improvements are required as condition of the approval of a boundary adjustamnt
or merger or any other action requiring City approval, any public or private
improvements so required may be deferred if it is determined by the City Council
in the case of parcel maps or by the City Engineer in the other instances that
their construction ahead of other adjacent improvements would cause a safety
hazard, maintenance problem, drainage problem, or result in an inconsistent or
unreasonably short reach or section of improvsments, or that other special cir-
cumstances or physical constraints are present which preclude the construction
Ordinance No. 80
Page 39
of the improvements in a reasonable or timely manner. ~hen improvements are
deferred, the subdivider or developer shall enter into an agreen~nt with the
City for the installation of such improvements at so~ specified time in the
future. Such agreement sb~ll provide:
(a) Construction of said improvements shall c~ence within ninety (90)
days of receipt of a notice to proceed from the City.
(b)
That in event of default by the Owner, his successors or assigns, the
city is authorized to cause said construction to be done and charge the
entire cost and expense to the Owner, his successors or assigns,
including interest frc~ the date of notice of said cost and expense
until paid.
(c) That the agreement be recorded in the office of the Recorder of San
Diego County, California, at the expense of the Owner, which sb~ll
constitute notice to all successors and assigns of the title to said
real property of the obligation herein set forth, and also a lien in
such amount as will fully reimburse the City, including interest as
hereinabove set forth, subject to foreclosure in event of default in
payment.
(d) That in event of litigation occasioned by any default of the Owner, his
successors or assigns, the Owner, his successors or assigns agree to
pay all costs involved, including re~onable attorney's fees, and t_hat
sam~ shall become a part of the lien against said real property.
(e)
That the term "Owner" shall include not only the present Owner but also
his heirs, successors, executors, administrators and assigns, it being
the intent of the parties hereto that the obligations herein undertaken
shall run with said real property and constitute a lien there against.
The agreement shall not relieve the Owner frc~ any other requirements spe-
cified herein. The construction of deferred improvements shall conform to the
provisions of this division and all applicable articles of the Municipal Code in
effect at the time of construction.
Deferred agreements for parcel maps shall be approved by the City Council
prior to recordation in the case of agreements pertaining to parcel maps, or by
the City Enginccr, as provided in Section 81.802.1.
Notwithstanding the above, the City Council may require the construction of
all said improvements as a condition of the approval of a final parcel map of
four or fewer parcels if it finds that construction of said improvements are
necessary for reasons of:
(a) the public health and safety; or
(b) the required construction is a necessary prerequisite to the orderly
development of the surrounding area.
Ordinance No. 80
Page 40
Section 81.802.3. REMAINDERS. Sere R~uainders are made part of a final or
parcel map, the City may enter into an agreement with the subdivider to
construction improvements within the Remainder at some future date and prior to
the issuance of a permit or other grant of approval for the development of a
R~uainder parcel. Said improvements shall be at the developer's expense. In
the absence of such an agreement, the City may require fulfillment of such
construction requirements within a reasonable tin~ following approval of the
map, upon a finding that fulfillment of the construction requir~uents is
necessary for reasons of:
(a) the public health and safety; or
(b) the required construction is a necessary prerequisite to the orderly
development of the surrounding area.
R~uainder agreements shall contain the same general provisions as required in
Section 81.802.2, and shall be approved by the City Council prior to recor-
dations.
Section 81.803. IMPR~ SECURITY ~-GE%&~L. Improven~nt securities shall be
required to be posted as the c.p~arantee of any act, obligation, or agrcc~ment
required as a condition of the approval of any tentative or final subdivision
map, parcel map, reversion, boundary adjustr~nt, consolidation, merger,
deferral, remainder parcel, use permit, building permit, or other permit or pro-
cess requiring official city approval. No final map or parcel map shall be pre-
sented to the City Council for final approval nor sb~ll any other instrument or
map requiring such securities be approved until all securities required by this
chapter have been received and approved by the City Attorney.
Section 81. 803.1. FCRM OF St~-~JRITY. The form of improvement security shall be
one or the combination of the following at the option of and subject to the
approval of the City Engineer:
(a) A bond or bonds frcal one or more duly authorized corporate sureties,
authorized to do business and having an Agent for Service of process in
this State, which surety or sureties shall be on the accredited list of
the United States Treasury Departmant and/or having an "A"
policyholder's rating and a financial rating of Class XI or better in
accoraance with the most current "Bests' Rating."
(b)
A time certificate of deposit, savings passbook, or other financial
instrument either in the name of or assigned to the City of Poway, in a
form approved by the City Attorney.
(c) Ca.~h deposited with the City.
(d) A deposit with a responsible escrow agent or tnlst company in a form
approved by the City Attorney.
(e) Negotiable bonds of the kind approved for securing deposits of public
monies.
ordinance No. 80
Page 41
(f) A Letter of Credit or a Set Aside Letter frc~ one or more financial
institutions subject to the regulation of the State or Federal govern-
ment and pledging that the funds necessary to carry out the act, obli-
gation, or agreemsnt are on deposit with the institution and are
available to the City upon d~and if the act, obligation, or agreement
is not carried out.
Section 81.803.2 AMOUNT AND PURPOSE OF R~QUIRED S~CURITY.
(a) performance: Security shall be placed to guarantee faithful perfor-
mance of any act, obligation, or agreement, in an amount equal to 100%
of the estimated total cost of the w~rk or improvements to be done.
(b) Labor and Materials: Security shall be placed to guarantee payment to
any contractor, subcontractor, and persons furnishing labor, m~terials,
or equipment in an amount equal to not less than 50% of the estimated
total cost of the work or improvements to be done.
(c) Warranty: Prior to acceptance of any subdivision or parcel map impro-
vements by the City, security shall be placed as a guarantee and
warranty of the work for the period after acceptance and approval of
the work as specified in the agreement against any defective work or
labor done or defective materials furnished. Such security shall be in
an amount not less than 10% of the estimated total cost of the w~rk or
improvements to be done.
(d) Monuments: Security shall be placed to guarantee placement of final
monuments along the exterior boundary of any subdivision or parcel map,
and along the interior lot lines, and to ~.3__arantee the s,~h~ittal of
survey notes, centerline ties, and other survey monument information as
required by the City Engineer and to guarantee payment by the sub-
divider of the civil enginccr or land surveyor who set the monuments.
The amount of such security shall be as specified by the responsible
civil engineer or land surveyor, or in the absence of such, by the City
Engineer.
The amounts of any of the securities described herein shall
include costs and reasonable expenses and fees, including reasonable
attorney's fees, incurred by the City in successfully enforcing any of
the obligations secured.
Section 81.803.3. R~DUC~ION OF S~CURITY. The City Engineer may reduce and
partially release securities posted as a ~arantee of any act, obligation, or
agreement as follows:
(a) Improvement security shall be reduced only upon written request by the
subdivider or developer who posted such security.
(b) The City Engin~r shall consider requests for the partial reduction of
security only twice for any one agreement.
ordinance No. 80
Page 42
(c) Upon receipt of a written request for reduction together with detailed
estimates of the value of the work r~maining to be completed, the City
Engineer shall make determination whether such requests exceed the
number allowed and if the security is sufficient in a~ount to be
reduced. If satisfied that the security may be reduced, the City
Engineer shall inspect the improvements and verify the percentage and
the value of the work remaining to be completed. The City Engineer may
then authorize a reduction in the amount of security as follows:
1. No reduction shall be made where more than 50% of the origi-
nal value of work remains to be completed.
2. ~henever 50% or more of the value of work has ~cn completed,
the original security may be reduced to the current value of
the remaining work as a contingency. NO reduction shall
result in a remaining security less than 10% of the original.
Any reduction authorized herein shall not apply to any
required ~3~rantee and warranty period, nor to the amount of
the security deemed necessary by the city Engineer for such
guarantee, nor to costs and reasonable attorney fees
therefor.
3. Upon a determination that the security may be reduced and
where the security takes the form of a Surety Bond or Letter
of Credit, the City Engineer shall notify the subdivider in
writing of the amount of reduction and that the reduction
does not apply to the w~rranty or guarantee period or the
amount of security deea~d necessary for such warranty or
guarantee, not to costs and reasonable expenses and fees
including attorney' s fccs.
4. Hen the security takes the form of cash or other negotiable
instrument, the City Engineer shall notify the City Director
of A~]ministrative Services to release an amount of said depo-
sit which is computed as provided above, less amounts esti-
mated by the City Engineer to be necessary for the guarantee
or w~rranty period, costs and reasonable expenses and fees
including reasonable attorney' s fees. The Director of
Administrative Services is hereby authorized to release said
amounts upon written notification by the City Engineer.
Reduction of securities shall not be construed as formal acceptance of any of
the iaprovements completed at the time of reduction, but shall only be construed
as acknowledgment by the City that a specified amount of construction has been
completed.
Section 81.803.4 SUBSTI~3TION OF S~CURITI~. A subdivider or developer who
has furnished i~provement security to ~,arantee any act, obligation, or agree-
m~nt, pursuant to this chapter, may request in writing that the City Engineer
accept in place of said security any different form of security as provided for
ordinance No. 80
Page 43
in this cbmpter. Upon receipt of the different security, and subject to its
approval by the City Attorney, the original security may be rel~ed by the City
Engineer, or by any other City officer having custody of the security instru-
ment.
Section 81.803.5 ~.T.~.ASE OF S~CURITY. Any and all securities required to be
posted to ~rantee performance, labor and materials, warranty, or m0ntm~_ntation
within or in conjunction with any subdivision or parcel map, shall be released
by the City Council.
All securities to ~,~rantee performance, labor and materials, warranty, or
other act, obligation, or agreement, posted in conjunction with any boundary
adjustment, use permit, construction permit, or other action or process
requiring City approval may be released by the City Engineer, upon his filing of
a written instrument with the City Clerk, provided however, that the estimated
total cost of the improvements or werk to be constructed or provided does not
excc~ $100,000. Securities for work in excess of $100,000 shall be released by
the City Council. The City Engineer, at his discretion, may refer any project,
regardless of the security amount, to the City Council for consideration of
release.
Section 81.803.6 TIMING FOR ~.WASE.
(a)
(b)
Performance Security: Performance security shall be released only upon
completion of all of the required work and improvements, and after all
acts, obligations, and agreements have ~cn completed and complied
with, and only after suitable warranty security has ~cn provided.
T~hOr and Material Securit%;: Security securing the payment to the
contractor, his or her subcontractors, and to persons furnishing labor,
materials, or equipment, my, after passage of time within which claims
of lien are required to be recorded purs,~ant to Article 3 (cc~mencing
with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of
the State Civil Code and after acceptance of the work, be reduced to an
amount not less than the total claimed by all claimants for whom claims
of lien have been recorded and notice thereof given in writing to the
city Clerk of the City of Powsy, and if no such claims have been
recorded, the security may be released in full.
(c) Warranty Security: Security posted for the ~srranty and guarantee of
the work against any defective work or labor done or defective
mterials furnished shall be released upon termination of the wsrranty
period specified in the performance agreen~nt provided that all
defects, if any, have ~cn satisfactorily corrected.
(d) Monument Security: Security given to guarantee installation of monu-
ments, preparation and suk~ittal of survey tie notes, and payment of
the responsible civil engineer or land survey for same, shall be
released upon:
Ordinance No. 80
Page 44
~hnittal to the City Engineer of a affidavit, signed by the
civil engineer or land surveyor, certifying that all of the
monuments shown on the final subdivision map or parcel map
have been set and placed as shown on said map, and that he
has been c~ensated by the subdivider or developer for those
services;
e
the su~mlittal to the City Engineer of a set of survey tie
notes, in a form approved by the City Engineer; and
3. field verification by the City Engineer that the mont~nents
have been set.
Introduced and first read at a regular m~eting of the City Council of the
City of Poway held the 7th day of December, 1982, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 14th day of December,
1982, by the following roll call vote:
NOES:
ABSm~T:
E~Y, KRUSE, CRAV~C, SHEPARDSON
NONE
TARZY
Mary L. S/epards6n, Mayor
Marjori~ K. Wahlsten, City Clerk