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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