Chapter 16.04 — GENERAL PROVISIONS

A. It is the purpose of this Title to ensure implementation of the City’s General Plan through attainment of its stated goals and objectives regarding the regulation and control of the creation, adjustment and deletion of property lines through subdivision or other procedures.

B. It is also the intent of this Title to provide, in conjunction with Titles 13, 14, and 17 of this Code, for proper grading and erosion control, including the prevention of sedimentation on, or damage to, off-site property, and to specifically apply those regulations.

C. In addition, it is the intent of this Title to implement those provisions of the California Solar Rights Act of 1978 relating to the design of subdivisions for future passive or natural heating or cooling opportunities.

The provisions defining and regulating the review and approval of tentative, final and parcel maps; lot line adjustments; lot mergers; reversions to acreage; certificates of compliance; and official maps shall be governed by this Title, except as otherwise indicated by this Section.

A. Authority for Local Regulations. Pursuant to the provisions of California Government Code, Title 7, Division 2, referred to herein as the “Subdivision Map Act,” and in addition to any regulations otherwise provided by law, the regulations contained in this Title shall apply to all subdivisions, parts of subdivisions, lot line adjustments, lot mergers, reversions to acreage, certificates of compliance and official maps hereafter made entirely or partially within the City.

B. The designation, establishment, duties and meeting dates of the reviewing authorities shall be governed by Titles 2 and Chapter 17.03.

C. Review procedures and findings for approval shall be as specified by this Title 16 and the permits and procedures provisions of Title 17 (the “Development Code”).

D. Terms used within this Title are defined as specified in Chapter 17.200 of the Development Code.

A. Maps of Condominium or Community Apartment Projects. A map of a condominium project, a community apartment project or of the conversion of five (5) or more existing dwelling units into a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor will the City refuse approval of a parcel, tentative or final map of such a project on account of design or location of buildings on the property shown on the map. However, the City may regulate the design and location of a condominium project or a community apartment project through the provisions of its General Plan or

Development Code. The City may refuse approval of such a project if the design and locations of buildings violate provisions of the General Plan or Development Code.

B. Filing Maps with County Recorder. Of the maps required by this Title and the Subdivision Map Act, only final and parcel maps may be filed for record in the office of the County Recorder.

1. No final map required by this Chapter and the Subdivision Map Act which creates a subdivision shall be filed with the County Recorder without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided in this Title.

2. No parcel map required by this Title and the Subdivision Map Act which creates a subdivision shall be filed with the County Recorder without the consent of the legal owner of record in the real property proposed to be subdivided, except as otherwise provided in this Title.

The procedures set forth in this Section shall govern the filing, processing, approval, conditional approval or disapproval of tentative, final and parcel maps and the modification thereof, in addition to the requirements in previous provisions.

A. Extension of Time Limits. The time limits specified in this Title for reporting and acting on maps may be extended by mutual consent of the subdivider and the planning agency or City Council.

B. Fees for Processing. Fees for the processing of tentative, vesting tentative, minor subdivision plot plan, final and parcel maps, lot line adjustments, lot mergers, reversion to acreage, certificates of compliance and official maps, and for other procedures required or authorized by this Title 16, shall be established in the City’s fee resolution.

C. Parcel Maps. The Planning Director may grant approval for the creation of two (2), three (3) or four (4) lots and a remainder parcel as shown on an approved tentative subdivision map for the purpose of obtaining building permits for model homes or units. As a condition of this approval, a parcel map may be required. Prior to the issuance of building permits for said model homes, a surety bond or cash deposit shall be posted with the City Engineer for the street improvements abutting said lots as required for the approved tentative subdivision. The surety bond or cash deposit shall be in an amount equal to a contractor’s construction estimate, plus ten percent (10%).

D. Filing Maps with County Recorder. After the approval by the City of a final or parcel map of a subdivision within the unincorporated territory, the map shall be transmitted ultimately to the County Recorder in accordance with Sections 66464 et seq. of the Subdivision Map Act, or as the Subdivision Map Act may be subsequently amended.

E. Correction and Amendment to Maps. The purpose of this Subsection is to provide a means to correct errors which may be found in final or parcel maps.

1. Amendment to a Final or Parcel Map. After a final map or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map in the following circumstances:

• a. To correct an error in any course or distance shown thereon;

• b. To show any course or distance that was omitted therefrom;

• c. To correct an error in the description of the real property shown on the map;

• d. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with the responsibilities for setting monuments;

e. To show the proper location or character of any monument which has been changed in location or character or originally was shown at the wrong location or incorrectly as to its character; or

f. To correct any other type of map error or omission as approved by the County Surveyor which does not affect any property right. Such errors and omissions may include, but are not limited to: lot numbers, acreage, street names and identification of adjacent record maps.

As used in this Section, “error” does not include change in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

2. Preparation of Amending Map. The amending map or certificate of correction shall be prepared by a registered civil engineer licensed to practice land surveying or licensed land surveyor. An amending map shall conform to the requirements of the chapter governing final map form and content, if a final map, or the chapter governing parcel map form and content, if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

3. Map Amendment Examined by City Engineer. The City Engineer shall examine the amending map or certificate of correction; and if the only changes made are those set forth in this Subsection, the City Engineer shall certify to this fact on the amending map or certificate of correction.

4. Filing of Map Amendment with County Recorder. The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

5. Upon recordation of an amending map or certificate of correction, the County Recorder shall, within sixty (60) days of recording, transmit a certified copy to the City Engineer who shall maintain an index of recorded certificates of correction. The amending map shall contain a certificate of preparation that is signed by the registered civil engineer licensed to practice land surveying or licensed land surveyor who prepared the map and a prominently displayed note on the map which briefly lists the changes to the satisfaction of the County Surveyor.

F. Further Modifications of Final Maps. In addition to the amendments authorized by Section 16.04.040.E., after a final map or parcel map is filed in the office of the County Recorder, such a recorded final map may be modified by a certificate of correction or an amending map if the City Council makes each of the following findings:

1. That there are changes in circumstances which make one (1) or all of the conditions of such a map no longer appropriate or necessary; and

2. That the modifications do not impose any additional burden on the present fee owner of the property; and

3. That the present fee owner of the property has consented in writing to the modifications; and

4. That the modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

5. That the map, as modified, conforms with each of the following findings:

• a. The site is physically suitable for the proposed type of development;

• b. The site is physically suitable for the proposed density of development;

• c. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

d. The design of the subdivision and any related types of proposed improvements are not likely to cause serious public health problems or cause a threat to life and property from a wildland conflagration;

e. The proposed subdivision together with the provisions for its design and improvements are consistent with the General Plan, and any applicable community plan or specific plan;

f. The proposed subdivision, its design, density and type of development and improvements conform to the regulations of the Development Code, and the regulations of any public agency having jurisdiction by law;

g. The proposed subdivision is not deemed to be a land project, or an adopted specific plan covering the area proposed to be included within the project has been adopted by the City Council; and the proposed land project subdivision together with the provisions for its design and improvement are consistent with the adopted specific plan;

h. The design of the subdivision provides to the extent feasible, passive or natural heating and cooling opportunities to each of the proposed lots. Such opportunities may include, but are not limited to: siting of structures to take optimum advantage of passive cooling and heating opportunities, providing additional opportunities through land use controls for the use of solar energy systems, adjusting lot depth and width to provide for the future use of solar energy systems, and adjusting building setback lines to promote the optimum spacing of structures to create adequate solar access; and

i. Where applicable, in the event that the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project, that the proposed subdivision has complied with the requirements of Government Code Sections 66427.1(a) and 66452.10.

Any such modification shall be set for a noticed public hearing as is required for any other Planning Commission or City Council action in which the reviewing authority hears public testimony for and against the land use proposal, reviews evidence and renders its decision in connection with a land use approval. The City Council shall confine the hearing to consideration of and action on the proposed modification. These map modifications shall also be subject to the preparation, review and recordation requirements of Section 16.04.040.E. where applicable.

The procedures set forth in this Section shall govern the requirements for soils report, special map requirement, environmental review, dedications, monument, and improvement requirements.

A. Soils Report Requirement. The requirements set forth in this Subsection shall apply to the soils report.

1. A preliminary soils report may be required as part of the tentative map approval, providing the planning director makes a finding, based upon existing knowledge of soil qualities, that a preliminary analysis is necessary. The findings shall be based upon evidence, information and recommendations of the development review committee or development review committee member acting within the departmental area of expertise.

2. If the City has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.

If the planning agency has knowledge of areas of districts which are characterized by such expansive soils or other soils problems, upon the recommendation of the planning officer, development review committee, or environmental review board, the planning agency may require that a soils investigation be prepared for each lot of any subdivision proposed within said areas or districts.

3. The planning agency may approve the subdivision or portion thereof where such soils problems exist if it determines that the development review committee’s recommended action is likely to prevent structural damage to each structure to be constructed. As a condition to the issuance of any building permit, it shall be required that the approved recommended action be incorporated in the construction of each structure.

4. Each report shall be kept on file at the Building and Safety Department for public inspection. The location of these reports shall be referenced on the composite development plan.

B. Special Map Requirement. Prior to tentative or parcel map approval, the planning director may require that the following information be reflected on the tentative map or minor subdivision plot plan:

1. Submittal of a map showing any or all existing easements and locations of rock outcrops, high groundwater and spring discharge.

2. Delineation of the portions of lots allocated for the subsurface disposal of sewage effluent.

3. The approximate size of irregularly shaped lots where it is deemed necessary in order to accomplish the objectives of this Chapter and of the General Plan.

4. A plan may be required where watercourses, significant drainage channels or bodies of water traverse or adjoin a lot, showing how sewage disposal systems will be installed and maintained.

Lines depicting the required setbacks from such watercourses, drainage channels or bodies of water shall be indicated on a copy of the tentative map. The map shall be reviewed by the development review committee and recommendations shall be forwarded to the planning agency. When subsurface waste-disposal systems are proposed, a preliminary soils report shall be provided by the subdivider which shall ascertain the acceptability of subsurface sewage-disposal systems where such will be the method for waste disposal.

This information shall be incorporated into the composite development plan to be filed with the building and safety department. The location of any special maps shall be referenced on the composite development plan.

C. Environmental Review Requirements. The requirements set forth in this Subsection shall apply to the procedures related to environmental review.

1. No tentative map or parcel map shall be approved or disapproved until there has been compliance with the California Environmental Quality Act, the State CEQA guidelines and the adopted environmental review guidelines for the City. On tentative maps or parcel maps for which an environmental impact report has been prepared, the planning agency shall take the following actions:

a. Respond to the significant environmental points raised in the review and consultation process. The response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed tentative map to mitigate anticipated impacts or objections). In particular, the major issues raised when the planning agency’s position is at a variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions are not accepted, and factors of importance warranting override of the suggestions.

b. Identify the ultimate choice from alternatives presented in the environmental impact report and indicate why other alternatives were rejected in favor of the ultimate choice.

c. If the planning agency decides to approve a tentative map or parcel map for which significant adverse environmental consequences have been identified in an environmental impact report, the planning agency shall make a statement identifying the other interests that warrant approval in its point of view.

D. Dedications.

1. Streets, Highways and Flood Control Rights-of-Way. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for:

• a. Streets;

• b. Alleys;

• c. Access rights and abutters’ rights;

• d. Drainage easements;

• e. Public utility easements;

• f. Other public easements.

In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements. The subdivider may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of residents of the subdivision.

2. Drainage Rights-of-Way. When, in the opinion of the planning agency, drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the final map of the subdivision the necessary rights-of-way for such drainage facilities.

3. Flood Control Dedication. Where dedication is offered for Flood Control District rights-of-way, such rights-ofway shall be shown as lots lettered alphabetically on the final map. Such offer of dedication shall be made by an appropriate certificate on the title sheet of the final map, and, in addition, an executed deed conveying fee title to said right-of-way to the Flood Control District shall be delivered to said District.

4. Certification of City Council Action. At the time the Council approves a final map, it shall also accept, subject to improvement, or reject any offer of dedication. The City Clerk shall certify on the map the action of the City Council.

5. Resolution of Acceptance. The City Clerk shall cause a resolution of acceptance of dedications by the Council, to be filed with the County Recorder.

6. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, subject to Code of Civil Procedure Section 771.010, the offer of dedication shall remain open in accordance with State law; and the City Council may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements for public use. Such acceptance shall be recorded in the office of the County Recorder.

E. Monuments. The provisions of this Subsection shall govern the placement of monuments for a subdivision.

1. Boundary Monuments. At the time of making the survey for the parcel map or the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the City’s engineering standards and standards described in Business and Professions Code Section 8771, so that another engineer or surveyor may readily retrace the survey. The parcel map or the final map shall show said monuments found or set at or near each boundary corner and at intermediate points approximately one thousand (1,000) feet apart or at such lesser distances as may be made necessary by topography or contour to ensure accuracy in reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument shall be shown on the final map, together with the relative heights of the top of each such monument with respect to the surface of the ground.

y one thousand (1,000) feet apart or at such lesser distances as may be made necessary by topography or contour to ensure accuracy in reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument shall be shown on the final map, together with the relative heights of the top of each such monument with respect to the surface of the ground.

2. Deferment, Final Map or Parcel Map Monuments. Interior monuments need not be set at the time the final map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date. All monuments so deferred and the furnishing of notes thereon as required in the City’s engineering standards, shall be agreed to be set and furnished by the subdivider. Such agreement shall be included and guaranteed in the “Agreement in Lieu of Improvements” as provided by this Title 16, and accompanied by a cash deposit.

3. Monument Inspection. All monuments shall be subject to inspection and approval by the City Engineer.

4. Centerline Monuments. Durable monuments as described in the City’s engineering standards shall be set. F. Improvement Plans.

5. Submission of Improvement Plans. All improvement plans shall be submitted to the appropriate department, checked and approved prior to presentation of the final map to the City Council for acceptance. If requesting a vesting map, the city may require submission of improvement plans prior to tentative map approval.

6. Preparation of Plans and Specifications. All plans and specifications in connection with improvements shall be prepared by or under the supervision of a registered professional engineer.

7. Street and Drainage Plans and Profiles. Plans, profiles and specifications of proposed street and drainage improvements shall be submitted to the City Engineer, checked and approved prior to presentation of the final map to the City Council for acceptance. These plans and profiles shall show full details of the proposed improvements which shall be according to the standards of the City.

8. Water Systems Plans. Plans, specifications and all necessary details of the proposed water system to be installed shall be submitted to the City Engineer for review, provided that the City Water Department or other authorized water supplier has certified that it is willing and able to supply water upon request.

9. Sanitary Sewer Plans. Plans, profiles, specifications and all necessary details of the sanitary sewers to be installed shall be submitted to the City Engineer and Adelanto Public Utility Authority for review, or if a private sewage disposal company is to service the subdivision, pursuant to the City’s authorization, the plans shall have been approved by the City Engineer.

The design and improvement standards found in this Section shall be considered requirements for map approval. A. Land-Use Standards. The land-use standards in this Subsection shall be applied as requirements for map approval.

1. The minimum areas and dimensions of lots shall be as required for the particular land use district classification in which the property is classified by the Development Code; provided, however, that:

• a. Lot or parcel side lines shall be approximately normal to street lines.

• b. Each lot or parcel on a dead-end street where the side lines thereof are converging from front to the rear of

such lot or parcel, shall have an average width of not less than sixty (60) feet, or that width required by the Development Code, whichever is greater, measured along the front building setback line.

c. Each lot or parcel on a curved street where the side lines thereof are converging from the front to the rear of such lot or parcel, shall have an average width of not less than sixty (60) feet, or that width required by the Development Code, whichever is greater.

• d. Double frontage lots shall be discouraged except where essential to provide separation of residential

developments from major or secondary highways or due to topographical conditions. When double frontage lots are permitted, vehicular access rights shall be dedicated to the City along the street designated by the planning agency.

e. The planning agency may require lots larger than the above minimum sizes specified in multiple-residential, commercial and industrial subdivisions.

When lots or parcels twice or more the required area or width are shown as part of a subdivision of land, the planning agency may require such lots or parcels to be so established as to make practical a further division into allowable building sites, without injury to adjoining property.

f. In desert areas or in hilly or mountainous land, the planning agency may require lots larger than required minimums. Larger lots shall be required if it is deemed necessary in order to conform to the land-use element of the General Plan.

• g. Modification of the lot design standards may be allowed under the following circumstances:

• (1) Pursuant to the lot area regulations of Chapter 16.48;

• (2) Pursuant to any planned development regulations of the Development Code.

• h. This Subsection does not apply to any lot or parcel which the subdivider offers to dedicate to the County or any public agency or district.

i. When a land use district classification line established by the Development Code divides a lot or parcel, such lot or parcel shall have the area and frontage required for that land use district classification within the lot or parcel which has the greater area and frontage requirements.

B. Circulation Standards. The circulation standards in this Subsection shall be applied as requirements for map approval.

1. If the General Plan designates a general location of a proposed highway and any portion thereof may be wholly or partially within any proposed subdivision or may be affected by a proposed subdivision prior to the approval of the

proposed subdivision, a specific alignment plan shall be prepared and adopted. Each such roadway shall conform in width and alignment with that shown or indicated on the general or specific plan or any standards adopted pursuant thereto. As a condition of approval of said subdivision, the subdivider shall be required to make dedications and construct such reasonable improvements required by the specific alignment plan. Such requirements may be waived by the planning agency upon recommendation of the City Engineer, if the proposed highway is located upon a section line or its precise alignment can be otherwise determined.

2. The following provisions shall apply as standards governing circulation design and shall be required for map approval:

a. The circulation design of all subdivisions shall be compatible and coordinate with the General Plan and the existing street and land-use pattern in the surrounding area.

b. Any part-width highway lying along and adjacent to any boundary of a subdivision shall have such a partwidth and alignment as will conform to the route lines shown on the master plan of highways covering the same portion of such subdivision.

c. Each street intended to be extended into adjoining property shall be terminated by a one (1) foot parcel of land extending across the end of the street and, in the case of a part-width street, a one (1) foot parcel of land shall extend along the entire side of the street. The parcels shall be designated alphabetically as a lot, labeled as a future street and offered for dedication by appropriate certificate on the final or parcel map. The offer of dedication of the future street shall include a restriction against the use of same for access purposes until such time as it is accepted as a public street.

Where it is determined by the planning agency that to protect the public health, safety and general welfare, it is necessary to extend a street beyond the boundaries of the subdivision for adequate traffic needs, the subdivider shall provide separate deeds for the necessary easements or rights-of-way to accommodate such traffic facilities. Such rights-of-way shall be improved in accordance with City standards or as required by the planning agency.

d. Cul-de-sacs shall not exceed six hundred (600) feet in length, except as provided below and shall terminate with a turn-around as specified in the adopted County road standards. The planning agency may approve a cul-de-sac which exceeds six hundred (600) feet if the planning agency finds that the cul-de-sac will not be injurious to the public health, safety and welfare.

e. Road grades shall not exceed twelve percent (12%) unless it can be demonstrated that in order to accomplish the objectives of the General Plan a road grade in excess of twelve percent (12%) is necessary. In such circumstances, the planning agency may approve a road grade not to exceed fourteen percent (14%) grade for a distance not to exceed five hundred (500) feet if a finding is made, based upon the recommendations of the City Engineer and the Fire Marshal, that the roadway will not create an unacceptable hazardous risk to the public health, safety or welfare.

f. Access to a Subdivision. The subdivision and each phase thereof shall have two (2) points of vehicular ingress and egress from existing and surrounding streets, one (1) of which may be emergency only. Where it can be shown that this requirement is a physical impossibility or a cul-de-sac is proposed, this requirement may be waived. C. Public Services and Facilities. The public services and facilities standards in this Subsection shall be applied as requirements for map approval.

1. These standards shall regulate the placement of utilities within the subdivision.

a. Utility lines, including but not limited to electric, telephone, communications, street lighting and cable television, within or directly serving each subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this Subsection without expense to the City, and he shall make necessary arrangements with the utility company for the installation of such facilities. Appurtenances and associated equipment such as boxes and meter cabinets and concealed ducts in an underground system may be placed above ground. Waiver of the requirements for underground utilities shall be made through the Public Utilities Commission. This Subsection

shall not apply to existing utility or common carrier routes in use at the time the subdivision is completed which do not provide service to the area subdivided. Aerial routes still in existence at the time the subdivision is completed may be reinforced from time to time as conditions dictate; however, all provisions of this Subsection shall be subject to the requirements of any underground district created pursuant to City ordinance or regulation and in existence prior to the subdivision of the land or created subsequent thereto.

b. Overhead utility lines, where permitted, shall be located at the rear of lots or parcels where practical, and along the sides of lots or parcels where necessary.

c. If a local cable television system is available to serve the project, any subdivision for which a tentative map is required pursuant to Section 16.08.010.A. shall be designed to provide the appropriate cable television system an opportunity to construct, install and maintain on land as reserved for cable television service or by separate instrument, any equipment necessary to extend cable television services to each residential parcel in the subdivision.

“Appropriate cable television systems,” as used in this Subsection, means those franchised or licensed to serve the geographical area in which the subdivision is located.

This Subsection shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

d. Whenever the City imposes as a condition to its approval of a tentative map or a parcel map a requirement that necessitates replacing, undergrounding or permanently or temporarily relocating existing facilities of a telephone corporation, cable television system, common carrier or other public utility, the developer or subdivider shall reimburse the appropriate facility provider for all costs for the replacement, undergrounding or relocation. All these costs shall be billed after they are incurred and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

D. The standards herein are determined to be related to public safety.

1. The standards herein shall govern drainage works.

a. When a subdivision lies in the path of existing watercourses or overflows therefrom or natural drainage from upstream properties, it shall not be approved unless adequate dedicated rights-of-way or improvements are provided in a manner satisfactory to the planning agency.

b. When, in the opinion of the planning agency, a subdivision may cause an unnatural increase or concentration of surface waters onto downstream property, said subdivision shall not be approved by the planning agency unless drainage outlets are provided which will be adequate to render the City and the County Flood Control District harmless from any damages caused therefrom.

c. The location, type and size of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall be in accordance with City standards or as required by the planning agency.

d. When, in the opinion of the planning agency, drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the final map of the subdivision the necessary rights-of-way for such drainage facilities.

e. Where dedication is offered or granted for Flood Control District rights-of-way, such rights-of-way shall be shown as lots lettered alphabetically on the final map. Such offer of dedication or grant shall be made by an appropriate certificate on the title sheet of the final map.

2. The standards contained herein related to fire protection measures shall be considered as requirements for map approval.

a. Subdivision design shall provide for safe and ready access for fire and other emergency equipment and for routes of escape to safely handle evacuations.

b. The subdivision shall be served by water supplies for community fire protection in accordance with the standards set by the Fire Marshal.

c. In hazardous fire areas, all flammable or combustible vegetation shall be removed from around all structures, in accordance with the requirements of the Uniform Fire Code. Where erosion is probable, the slopes shall be planted with fire resistive ground cover.

3. The standards contained herein related to sewage disposal systems shall be considered as requirements for map approval.

a. Subsurface sewage disposal systems shall be located as far as practical from a perennial or intermittent stream pursuant to Uniform Building Code and the requirements of the County Department of Environmental Health Services and the Regional Water Quality Control Board.

b. When a soils or a geologic hazards report for a subdivision is prepared (either at the developer’s volition or as a requirement of any governmental agency), it shall include findings and recommendations concerning probable adverse effects of such hazards to the integrity of water supply and sewage disposal facilities and structures.

E. Environmental and Public Health. Lands to be subdivided for residential, park, playground or land recreation purposes may be subject to environmental quality standards as established by ordinances and regulations of the different departments and agencies within the City.

The necessity for improvement security and the related requirements shall be governed by the following regulations: A. Requirement for Improvement Security. If all required improvements, engineering and inspection are not satisfactorily completed before the final map is approved, the owner or owners of the subdivision shall, prior to the approval of the final map, enter as contractor into an agreement with the City Council whereby in consideration of the acceptance by the City Council of the streets, easements and any other land offered for dedication, the contractor agrees to furnish the equipment, labor and material necessary to complete the work within the time specified in the agreement.

B. Amount of Improvement Security Required. To assure the City that the work will be completed, improvement security shall be furnished to guarantee the performance of any act or agreement in the following amounts for the following purposes:

1. An amount, not less than one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement.

2. An additional amount, not less than fifty percent (50%) nor more than one hundred percent (100%) of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act.

3. Whenever an entity required to furnish security in accordance with this Section is a California non-profit corporation, funded by the United States of America or one of its agencies, or funded by this State or one of its agencies, the entity shall not be required to comply with Subsections B.1. and B.2. of this Section, if the following conditions are met:

a. The contractor installing the improvements has bonded to the non-profit corporation and the City as coobligee the amount of one hundred percent (100%) of the contract for the faithful performance of the work, and has further bonded to the non-profit corporation and the City as co-obligee an amount of not less than fifty percent (50%) of the contract for the payment of labor and materials, and those bonds comply with the provisions of this Chapter.

b. All moneys payable to the contractor by the non-profit corporation are deposited in a depository complying with the provisions of Subdivision Map Act and out of which moneys progress payments are conditioned upon:

(1) The contractor’s certification to the non-profit corporation that all labor performed in the work, and all materials furnished to and installed in the work, have been paid for in full to the date of the certification.

• (2) The written approval of the non-profit corporation.

• (3) Final payment to the contractor not being made until thirty-five (35) days shall have expired after the filing and recording of the notice of completion of the work acceptance of the work by the City in writing.

c. All certifications as to progress payments shall be delivered through the United States mail to the non-profit corporation. The term “progress payments” means payments made in compliance with the schedule of partial payments agreed upon in the contract for the work. No less than ten percent (10%) of the total contract price shall be retained for the thirty-five (35) days following the filing of the notice of completion.

d. An amount as determined by the City Engineer, but not more than twenty-five percent (25%) of the total estimated cost of improvements or performance of the required act necessary for the guarantee and warranty of the improvement for a period of one (1) year following the completion and acceptance thereof, against any defective work or labor done, or defective materials furnished.

As part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by the City in successfully enforcing the obligation secured.

C. Type of Security Required. The furnishing of security in connection with the performance of any act or agreement shall be one (1) of the following, at the option of and subject to the approval of the City Council:

1. Bond or bonds by one (1) or more duly authorized corporate sureties.

2. A deposit, either with the City, responsible bank or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies.

3. An instrument of credit from one (1) or more financial institutions subject to regulation by the state or federal government, and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

4. Bonds to secure faithful performance and for the benefit of laborers and material men of any agreement, shall be in substantially the forms as shown in the Subdivision Map Act.

5. Such money, negotiable bond or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the City.

D. Forfeiture on Failure to Complete. Upon the failure of a subdivider to complete any improvements and work within two (2) years of date agreement is executed, the City Council may, upon notice in writing served by registered mail addressed to the last known address of the person, firm or corporation signing such contract, determine that the improvement work or any part thereof is uncompleted and may cause to be forfeited to the City, such sum of money or bonds given for the faithful performance of the work as may be necessary to complete such work.

ed, the City Council may, upon notice in writing served by registered mail addressed to the last known address of the person, firm or corporation signing such contract, determine that the improvement work or any part thereof is uncompleted and may cause to be forfeited to the City, such sum of money or bonds given for the faithful performance of the work as may be necessary to complete such work.

E. Exoneration of Improvement Security. For projects involving flood control or drainage works constructed within San Bernardino County drainage easements, it shall be the duty of the City Engineer and/or the County Director of Transportation/Flood Control/Airports to inspect or receive certificate of completion of all improvements installed as to their compliance with this Chapter and the City/County standards.

The security furnished by the subdivider may be released in the following manner:

1. Security given for faithful performance of any act or agreement may be released upon the performance of the act or final completion and acceptance of the required work.

2. Security securing the payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and other acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien

have been recorded and notice thereof given in writing to the Council or board, and if no such claims have been recorded, the security shall be released in full.

Such release shall not apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the City or County for such guarantee and warranty period, nor to cost and reasonable expenses and fees, including, but not limited to, reasonable attorneys’ fees and costs of enforcement.

3. Maintenance security necessary for guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defective work or labor completed, or defective materials furnished shall be released should no claims of such defective work be filed with the City or board of supervisors. In the event of such defective work, the security shall be held until all work is considered satisfactory and acceptable by the City or County.

a period of one (1) year following completion and acceptance thereof against any defective work or labor completed, or defective materials furnished shall be released should no claims of such defective work be filed with the City or board of supervisors. In the event of such defective work, the security shall be held until all work is considered satisfactory and acceptable by the City or County.

F. Reimbursement for (Oversized) Supplemental Improvements. The planning agency may, at the request of a public agency (including the City, the Adelanto Public Utility Authority or other City departments or agencies), require that the improvements installed for the benefit of the subdivision contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter dedication of such improvements to the said public agency or authority. However, the subdivider shall be reimbursed by said public agency or authority for that portion of the cost of such improvements equal to the difference between actual cost and the amount it would have cost the subdivider to install such improvements pursuant to the provisions of the Subdivision Map Act. Standards and procedures for requiring such improvements and for reimbursement shall be contained in the operating rules and regulations of said public agencies and shall be made a public record.

G. Lien Agreements Permitted Only as Substitution for Existing Securities. A Lien Agreement which shall be recorded against all of the undeveloped lots in a subdivision, may be substituted only for an existing security which was furnished under Subsections 16.04.070(A) and (C) for required improvements under a subdivision improvement agreement, if: no activity for the subdivision has transpired, no inspections have occurred, and no permits for construction of improvements have been issued within one (1) year of the recordation of the subdivision map, and upon a finding by the City Council that it would not be in the public interest to require the installation of the required improvements sooner than two (2) years after the recordation of the map. The use of a Lien Agreement shall be at the sole discretion of the City. For the purposes of this subsection, "undeveloped lots" shall be defined as lots that have not passed a final inspection and for which all required associated improvements, as determined by the City Engineer, have not been completed.

1. The City will not accept a Lien Agreement if any of the properties against which the lien agreement is to be recorded are subject to any mortgages, deeds of trust, or liens as evidenced by a title insurance policy and title report issued forty-five (45) days prior to the execution of the Lien Agreement. The lien shall have priority of a judgment lien in an amount necessary to complete the required improvements. Under no circumstances shall the City be obligated to agree to subordinate the lien.

is to be recorded are subject to any mortgages, deeds of trust, or liens as evidenced by a title insurance policy and title report issued forty-five (45) days prior to the execution of the Lien Agreement. The lien shall have priority of a judgment lien in an amount necessary to complete the required improvements. Under no circumstances shall the City be obligated to agree to subordinate the lien.

2. The City will not accept a Lien Agreement if the estimated costs for the remaining required improvements, as determined by the City Engineer, including, but not limited to, master planned or "missing link" streets, drainage and sewer improvements, community facilities, off-site improvements, fire access, fire flow and traffic signals, originally required by conditions of approval, exceeds the fair market value of the property based on a recent opinion of an independent, licensed real estate appraiser which appraisal shall be furnished to the City not fewer than forty-five (45) days prior to entering into any Lien Agreement.

3. Once the Lien Agreement is recorded, the City shall not issue any development or construction permits for the subdivided land until the Lien Agreement is substituted with acceptable security authorized by Subsections 16.04.070(A) and (C) and approved by the City Council.

4. The City will not accept a Lien Agreement as a substitute for existing security if any individual lots have been sold; if any construction permits, including but not limited to, any grading or building permits; have been issued for any of the property, or if construction of any of the required public improvements has begun.

5. Notwithstanding Subsection 4. above, the City may accept a Lien Agreement from the owner of the subdivision as a substitute for existing security if: any individual lots have been sold, grading has commenced or if construction of any of the required public improvements has begun on the subdivided land; provided that the grading is in strict accordance with a valid grading permit, the construction of required improvements is in strict accordance with plans approved by the City Engineer, the required improvements have been accepted by the City, and all the following conditions are met:

a. There is no need for the City to construct the required improvements if the owner's project is abandoned or delayed for any period of time;

b. The grading has no effect on the use, operation and maintenance of existing streets or highways, public or private;

c. The grading has not caused the modification or closure of any public access points, existing streets or highways, public or private;

d. Additional drainage improvement and/or erosion controls are not necessary and/or installed in the road rightof-way due to the grading;

e. Delay of the construction of the owner's required improvements do not affect or delay the improvements of an adjacent owner who has already commenced work on his or her required improvements;

f. The completion of any public improvements are not required by the City's General Plan Circulation Element, Master Plan of Drainage, Master Sewer Plan or Master Water Plan or for any other reason for the purposes of preserving public health, safety or welfare;

g. The owner provides a separate security as specified by Subsection 16.04.070(C)(2) for the maintenance of the graded land, including without limitation, dust control, erosion control, fencing, and any other maintenance as required by the City;

h. In the case that any individual lots have been sold, at the discretion of the City and only after the City has performed a comprehensive review of the development which may include approval of a construction phasing plan, completion of required improvements to serve the individual lots as determined by the City Engineer and other requirements and conditions to be met prior to acceptance of the Lien Agreement.

6. The Lien Agreement shall:

a. Be in a form acceptable to and approved by City Council, the City Attorney and the City's Risk Manager. b. Be executed by the Mayor on behalf of the City, and by all current record owner(s) of the properties against which the lien agreement is be recorded as evidenced by a title insurance policy and title report issued within fortyfive (45) days prior to the execution of the Lien Agreement.

c. Be recorded with the San Bernardino County Recorder against the entire subdivided property that is subject to the substituted security.

d. Contain a detailed itemization of the remaining required improvements and an estimate of costs approved by the City Engineer and shall specify that the obligation of the owner or the owner's successors in interest shall extend to the actual cost of construction of the required improvements if such costs exceed the estimate.

e. Be attached to all of the undeveloped lots set forth in the lien agreement and shall be indexed in the Grantor index to the names of all record owners of the real property as specified above and on the map, and in the Grantee Index to the City.

f. Contain a legal description of the entire subdivided property which is the subject of the Lien Agreement.

g. State that the applicant must pay a fee, pursuant to Section 3.60.030 for all costs reasonable born for the processing of the Lien Agreement.

7. The owner shall agree that no individual lots shall be sold while the Lien Agreement is in effect. However, fee title to the entire property encumbered by the Lien Agreement or to all lots designated on any individual final map which is encumbered by the Lien Agreement, may be sold in the aggregate to a single purchaser, provided that the proposed purchaser must, prior to or concurrent with assuming title to the property, either:

a. Execute a new Lien Agreement in a form acceptable to the City which will encumber the property to be conveyed, specifying the respective obligations of the owners of property subject to the original and new Lien Agreement, or

b. Provide acceptable alternative security in one of the forms set forth in Subsections 16.04.070(A) and (C) for the required improvements to be constructed as a condition to development of the property conveyed.

8. The owner shall also be required to provide a cash deposit in the amount of twelve thousand dollars ($12,000.00) to the City for the purpose of reverting the property to acreage if the owner breaches or is in default of the terms of the Lien Agreement. Any unused portion of any such deposit shall be refunded to the owner, which deposited the amount of twele thousand dollars ($12,000.00), following completion of such reversion. If the cost of the reversion to acreage exceeds twelve thousand dollars ($12,000.00), the owner shall pay such additional costs to the City prior to recordation of the reversion to acreage map.

9. The owner shall substitute a security as provided for by Subsections 16.04.070(A) and (C) prior to the issuance of any development or construction permit to construct the improvements required pursuant to this Chapter 16.04.

10. The Lien Agreement shall only be released upon substitution of acceptable security for the Lien Agreement under Subsections 16.04.070(A) and (C) in order to begin construction of the required improvements, to facilitate subsection 7., or upon recordation of a reversion to acreage map.

11. Under no circumstances shall the Lien Agreement compel the City to construct the required improvements. [Ord. No. 506, Section 2, 10/12/11.]

This Section shall provide the prohibition and penalty provisions of this Title.

A. Prohibition on Transfers. No person shall sell, lease or finance any parcel or portion of parcels of real property, or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final map or parcel map is required by this Title and the Subdivision Map Act, until such map thereof in full compliance with the provisions of this Title has been filed for record by the County Recorder.

1. Conveyance of any part of a division of real property for which a final or parcel map is required by this Title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the County Recorder.

2. A parcel created prior to March 4, 1972, in violation of the provisions of this Title for which a permit or other grant of approval for development has not been issued, shall be conclusively presumed to be a legal parcel for purposes of sale by other than the owner of record at the time the violation occurred, if each of the following conditions are met:

a. The seller gives written notice to the buyer as follows:

NOTICE: This parcel has been created in violation of the Subdivision Map Act. You must obtain a

certificate of compliance or conditional certificate of compliance prior to obtaining a permit or other grant of approval for development of the parcel. The conditions imposed may significantly restrict your ability to develop the parcel.

b. At the time of sale, the seller causes to be filed for record with the County Recorder the notice required by Section 16.04.080.A.2.a., including a detailed description of the real property, the name of the seller and the name of the buyer. If the seller fails to give the notice required by Section 16.04.080.A.2.a., the buyer shall have those remedies provided by Sections 16.04.090.A. and B.

3. Buyers of land affected by the provisions of this Subsection shall obtain a certificate of compliance or a conditional certificate of compliance pursuant to Chapter 16.36 prior to obtaining a permit or other grant of approval for development of the parcel or unit of land.

B. Prohibition on Issuance of Permits. No officer, board, commission, agency, department, special district or authority of the City shall issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this Title if it finds or is informed by the planning director that development of such real property is contrary to the public health and safety. Prior to making such a finding that the development of such real property is contrary to the public health and safety, the planning director shall conduct a review.

been divided, or which has resulted from a division, in violation of the provisions of this Title if it finds or is informed by the planning director that development of such real property is contrary to the public health and safety. Prior to making such a finding that the development of such real property is contrary to the public health and safety, the planning director shall conduct a review.

1. At the review, the planning director shall consider all information and evidence submitted. The decision of the planning director may be appealed therefrom, within thirty (30) days, to the Planning Commission by any person aggrieved, or by an officer, board, department or agency of the City. The authority to deny such a permit or such approval shall apply whether the applicant therefore was the owner of the real property at the time of such violation, or whether the applicant therefor, if the current owner of the real property, was with or without actual or constructive knowledge of the violation at the time of such violation, at the time of the acquisition of his interest in such real property. If any officer, board, commission, agency, department, special district or authority of the City issues any permit or grants approval for the development of any such real property, it may request a report from the planning director and impose any additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

2. For parcels created before March 4, 1972, notice of the review shall be given, by registered mail, to the owner of such real property as shown on the latest equalized assessment roll book. The review shall be held not less than fourteen (14) days nor more than thirty (30) days after receipt by the owner of the notice of review.

C. Statement of Limitations. This Section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

The following remedies are available pursuant to the provisions of this Subsection.

A. Voiding of Sale by Grantee. Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this Title is voidable at the sole option of the grantee, buyer or person contracting to purchase, heirs, personal representative or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation of the provisions of this Subsection but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or any assignee, heir or devisee.

B. Superior Court Action by Grantee. Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this Title may, within one (1) year of the date of discovery of such, violation bring an action in the superior court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in

violation of the provisions of this Title and against any successors in interest who have actual or constructive knowledge of such a division of property.

C. Statement of Limitations. The provisions of this Section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Chapter 16.36, or identified in a recorded final subdivision map, parcel map or official map and after the date of recording. The provisions of this Section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law.

This Section does not bar any legal, equitable or summary remedy to which any aggrieved local agency or other public agency, or any person, firm or corporation may otherwise be entitled. Any such local agency or other public agency, or such person, firm or corporation may file a suit regarding any real property attempted to be subdivided or sold, leased or financed in violation of this Title, or to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of this Title, in the Superior Court of the County of San Bernardino.

D. Request for Certificate of Compliance. Any person owning real property may request a certificate of compliance in accordance with the provisions of Chapter 16.36.

E. Notice of Violation. Whenever the planning director has knowledge that real property has been divided in violation of the provisions of this Subsection then within the guidelines set forth by the City Attorney, the planning director shall cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place at which the owner may present evidence to the planning agency why such notice should not be recorded. The notice shall also contain a description of the violation(s) and an explanation as to why the subject parcel is not lawful under the subdivision (a) or (b) of Government Code Section 66412.6. Evidence shall be presented by the owner to the planning agency no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing. If, after the owner has presented evidence, it is determined that there has been no violation, the planning director shall cause to be filed for record with the County Recorder a release of the notice of intention to record a notice of violation. If, however, after the owner has presented evidence, the planning agency determines that the property has in fact been illegally divided, or if within fifteen (15) days of receipt of such copy the owner of such real property fails to inform the planning agency of his objection to recording the notice of violation, the planning agency shall cause to be filed for record with the County Recorder the notice of violation. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index.