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Whenever interior monuments are required, such monuments shall be set at all block and lot corners and angle points and at the beginnings and ends of curves, at points of intersection with centerlines of other existing and proposed streets and alleys and at the points of intersection with the exterior boundary lines. Interior property line and centerline monuments and ties may be set after the final map or parcel map is recorded.
(Ord. 2591 (part))
All monuments set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer's or surveyor's certificate and under whose supervision the survey is made.
(Ord. 2591 (part))
The following survey data and information shall be shown on each final map or parcel map for which a field survey was made pursuant to the provisions of these regulations:
A. Stakes, monuments (together with their precise position) or other evidence found on the ground, to determine the boundaries of the subdivision;
B. Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers and pages of record, or by section, township and range, or other proper designation;
C. All information and data necessary to locate and retrace any point or line without unreasonable difficulty;
D. The location and description of any required monuments to be set after recordation of the Final Map, and the statement that they are "to be set";
E. Bearing and length of each lot line, block line and boundary line and each required bearing and distance;
F. Length, radius and angle of each curve and the bearing of each radial line to each lot corner on each curve;
G. The centerlines of any street or alley in or adjoining the subdivision which have been established by the public works director, together with reference to a field book or map showing such centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated;
H. Such other survey data or information as maybe required to be shown by the public works director or by the provisions of this chapter.
(Ord. 2591 (part))
Unless waived by the public works director, monuments, complying with the requirements for a parcel map as set forth in the Subdivision Map Act, shall be established prior to recording a certificate of compliance for a plat map or lot line adjustment.
(Ord. 2591 (part))
The requirement for dedication of land for park facilities incident to and as a condition of the approval of a tentative subdivision map or tentative parcel map for certain subdivisions.
A. Dedication of Land for Park Facilities. This chapter is adopted to implement the provisions of the Quimby Act (Government Code Section 66477) which authorize a city to require the dedication of land for park facilities for certain subdivisions.
B. Park Land Dedication Required. The dedication of land for park facilities shall be required by the advisory agency if:
1. The subdivision includes property which is designated as a park site on the city general plan, adopted Development Impact Fee Program, an applicable specific plan or a master plan adopted by the Chico area recreation and park district and approved by the city council.
2. Where dedication of land meeting the requirements of a parkland facility per the adopted Development Impact Fee Program is subject to receiving reimbursement at the identified values in such program.
3. The amount of land required to be dedicated to the city for park facilities incident to and as a condition of the approval of a tentative subdivision map or tentative parcel map for a subdivision shall be consistent with the standards and policies for park facilities adopted in the city general plan, an applicable specific plan, or a master plan adopted by the Chico area recreation and park district and approved by the city council; and established on a net acreage basis.
4. Except as otherwise provided by this chapter, the maximum number of acres or fraction of an acre of land required to be dedicated to the city for park facilities shall not exceed the product of the following:
a) The maximum number of dwelling units permitted within the subdivision as determined from the zoning regulations applicable to the subdivision; multiplied by;
b) The average number of residents per dwelling unit within the incorporated territory of the city, as determined by the most recent federal census or a census taken pursuant to the provisions of Title 4, Division 3, Part 2, of the California Government Code (commencing with Section 40200); multiplied by;
c) Five thousandths of an acre (.005 acre) per person.
5. Where a tentative subdivision map or a tentative parcel map is approved for a condominium project, a planned development, or a real estate development which includes private open space set aside either for active or passive recreational purposes, then the maximum number of acres or fraction of an acre required to be dedicated to the city for park facilities shall be reduced by an amount equal to twenty-five percent of the number of acres or fraction of an acre of such private open space set aside for active or passive recreational purposes.
C. Private Open Space Defined. For purposes of this section, private open space set aside for active recreational purposes shall include any private open space within the subdivision other than yards, court areas, setbacks, and other open areas required by zoning regulations, building regulations, and other regulations of the city which meets all of the following requirements:
1. The private open space is open to and accessible by all residents of the subdivision.
2. The private open space includes one or more of the following active recreational elements:
a) Open spaces dedicated to active recreational pursuits such as soccer, golf, baseball, softball and football;
b) Tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced areas especially designed and exclusively used for court games;
c) Recreational swimming pools or other swimming areas; and
d) Buildings and other facilities designed and primarily used for the specific recreational needs of the residents of the subdivision.
3. Use of the private open space is restricted for active recreational purposes by a recorded covenant which runs with the land and which can be terminated only with the prior consent of the city council.
4. For purposes of this section, private open space set aside for passive recreational purposes shall include any private open space within the subdivision other than yards, court areas, setbacks, and other open areas required by zoning regulations, building regulations and other regulations of the city which meets all of the following requirements:
a) The private open space is open to and accessible by all residents of the subdivision.
b) The private open space includes one or more of the following passive recreational elements:
i. Landscaped areas, picnic areas, and gardens;
ii. Areas set aside as natural habitats for the preservation of rare, endangered or otherwise significant natural vegetation;
iii. Lakes, ponds, creeks, streams and other similar water impoundments and water courses; and
iv. Bike and pedestrian paths other than bike and pedestrian paths which would normally be constructed and installed as part of the main traffic and circulation system of the subdivision.
c) Use of the private open space is restricted for passive recreational purposes by a recorded covenant which runs with the land, and which can be terminated only with the prior consent of the city council.
5. Where an application is filed for approval of a tentative subdivision map or a tentative parcel map for a subdivision which contains less than fifty-one lots or parcels, such subdivision, shall be deemed to contain fifty-one or more lots or parcels for purposes of land dedication requirements provided for by this chapter where the advisory agency, based on all available evidence including but not limited to the kind of development that would be permitted within the subdivision pursuant to the general plan or any applicable specific plan, determines that one or more lots within the subdivision are likely to be further subdivided in a manner which will create a total of fifty-one or more lots or parcels within the entire subdivision. Moreover, where a subdivision contains lots and parcels likely to be further subdivided, the advisory agency shall determine the maximum number of acres and/or fraction of an acre to be dedicated to the city for park facilities in the manner provided by this chapter based on the maximum number of dwelling units which would be permitted within the subdivision pursuant to the provisions of the general plan or any relevant specific plan rather than on the zoning regulations applicable to the subdivisions.
6. When the advisory agency has required the dedication of land for park facilities the advisory agency, as a further condition of such approval, may require the construction and installation of the following public improvements within the dedicated parkland and adjoining public rights-of-way:
a) Storm drainage facilities necessary for the conveyance and disposal of stormwaters generated within or flowing through the dedicated parkland;
b) Fencing necessary in order to provide an appropriate barrier between the dedicated parkland and adjoining properties;
c) Street improvements within the adjoining public rights-of-way including, but not limited to, street paving, sidewalks, curbs, gutters, street trees and traffic control devices; and
d) Any other public improvements which the advisory agency determines are necessary in order to make the dedicated parkland suitable for development as a park facility.
7. Where parkland has been dedicated to and accepted by the city in accordance with the conditions of approval of a tentative subdivision map or tentative parcel map for a subdivision, such parkland shall be used only for the purpose of developing neighborhood or community park and recreational facilities, except in cases where the circumstances in subsection C.9., below, applies.
8. Where parkland has been dedicated to and accepted by the city in accordance with the conditions of approval of a tentative subdivision map or tentative parcel map for a subdivision, the council, following the adoption of a parkland development schedule or memorandum of understanding with the Chico area recreation district, may lease or transfer such parkland to the Chico area recreation and park district if the council has determined that leasing or transferring the parkland to the Chico area recreation and park district will serve the best interest of the city and the inhabitants of the subdivision for which the parkland dedication was made, and if the Chico area recreation and park district, in such lease or by a separate agreement executed on or before the date such conveyance is made, has undertaken to develop, operate and maintain the parkland in accordance with such parkland development schedule or memorandum of understanding with the city.
9. If, following the city's acceptance of parkland dedicated to it in accordance with the conditions of approval of any tentative subdivision map or tentative parcel map for a subdivision, the city council determines that there is another site available that would more suitably serve the park and recreational needs of future inhabitants of such subdivision, or that there is another site available that could be developed, operated, and maintained in a manner which meets the needs of the future inhabitants of the subdivision for park facilities for a significantly lesser cost, then the city council may either sell the dedicated land and use the proceeds from such sale to acquire and develop such other site for park and recreational purposes, or may exchange the dedicated land for such other site.
10. Where parkland has been dedicated to and accepted by the city, and/or improved with park facilities, in accordance with the conditions of approval of any tentative subdivision map or tentative parcel map for a subdivision, the owner of any residential lot or parcel within such subdivision shall, at the time of applying for a permit authorizing the construction or installation of a building or structure on such lot or parcel, be entitled to a credit against any park facility fee now or hereafter assessed and levied by or pursuant to the provisions of Title 3 of this code at the time of the issuance of such permit in the amount provided for.
11. Notwithstanding any provisions of this chapter to the contrary, the advisory agency, may require the dedication of park and recreation facilities at any location and in any amount which the advisory agency determines is necessary in order to substantially mitigate an adverse environmental effect identified in an environmental impact report provided in connection with the approval of such tentative subdivision map or tentative parcel map.
(Ord. 2591 (part))
The requirement for reservation of land within a subdivision for parks, recreational facilities, fire stations, libraries, and/or other public facilities incident to or as a condition of approval of a tentative subdivision map, or tentative parcel map for the subdivision, and the requirement for reservation of land within a subdivision for an elementary school incident to or as a condition of approval of a tentative subdivision map or tentative parcel map where the subdivider has owned the land being subdivided for more than 10 years prior to the filing of the tentative subdivision map or tentative parcel map.
A. Purpose. This chapter is adopted to implement the provisions of the Subdivision Map Act, as set forth in Article 4, Chapter 4, Division 2, Title 7 of the California Government Code (commencing with Section 66479), which authorize a city to require the reservation of land within a subdivision for parks, recreational facilities, fire stations, libraries, and/or other public facilities as well as those special provisions of the Subdivision Map Act, as set forth in Section 66478, Article 3, Chapter 4, Division 2, Title 7 of the California Government Code, which addresses the reservation of land within a subdivision for an elementary school where the subdivider has owned the land being subdivided for more than 10 years prior to the filing of the tentative subdivision map or tentative parcel map.
B. Requirement for Reservation of Land for Public Uses.
1. Except as otherwise provided by this section, the reservation of land within a proposed subdivision for parks, recreational facilities, fire stations, libraries, and/or other public facilities which are in addition to or in excess of the need for public facilities created by such subdivision, shall be required by the advisory agency whenever such facilities are specifically required within the subdivision by the general plan or specific plan applicable to the subdivision, or whenever such facilities are otherwise required to implement the policies and provisions of the general plan or such specific plan.
2. The reservation of land within a proposed subdivision for an elementary school shall be required by the advisory agency for those subdivisions in which the subdivided land has been owned by the subdivider for more than 10 years prior to the filing of such map whenever such school facilities are specifically required by a master school plan adopted by the Chico Unified School District or whenever the Board of Education of the Chico Unified School District requests a reservation of land for such purpose.
3. Except as otherwise provided by this section, whenever the advisory agency requires the reservation of land within a proposed subdivision pursuant to the provisions of this chapter, the location, size and shape of such reserved land shall be consistent with and conform to the policies and standards of the general plan or applicable specific plan and shall permit the remaining land within the subdivision to be developed in an orderly, efficient, and economically feasible manner. Moreover, such reserved land shall be in such multiples of streets and parcels which will permit the further subdivision of the reserved land in the event it is not acquired by the city or another public agency in the manner required by this chapter.
4. Where the advisory agency requires the reservation of land for an elementary school in for a subdivision in which the subdivided land has been owned by the subdivider for more than 10 years prior to the filing of the tentative subdivision map or tentative parcel map, the size of such reserved land shall not exceed the amount allowed under the procedures of the State Allocation Board and shall not make development of the remaining land within the subdivision economically infeasible. Moreover, such reserved land shall be in such multiples of streets and parcels which will permit the further development of the reserved land in the event it is not acquired by the Chico Unified School District in the manner required by this chapter.
5. Except as otherwise provided by this section, whenever the advisory agency requires a reservation of land within a proposed subdivision pursuant to the provisions of this chapter, the Director, promptly following approval of the subdivision, shall provide a report to the city council and the governing board of any other public agency having responsibility for providing the public facility or facilities for which such land was required, advising the council and such other public agency of the availability of the reserved land as well as the manner and time within which the same may be acquired.
6. The advisory agency requires a reservation of land for an elementary school for a subdivision in which the subdivided land has been owned by the subdivider for more than 10 years prior to the filing of a tentative subdivision map or tentative parcel map, the Director, immediately following approval of the tentative subdivision map or tentative parcel map for such subdivision, shall advise the Board of Education of the Chico Unified School District of the availability of the reserved land as well as the manner and time within which the same may be acquired by the Chico Unified School District.
7. If, following the reservation of land pursuant to the provisions of this chapter, the city or other public agency having responsibility for providing the public facility or facilities elects to acquire such reserved land, the city or such other public agency, at the time of approval of a certificate of compliance, final map, or final parcel map for the subdivision, shall enter into a written agreement with the owner of the subdivision to acquire such reserved land within two years following completion and acceptance of all public improvements required to be constructed and installed within the subdivision unless such period of time is extended by mutual agreement. Such agreement shall provide, for the acquisition of such reserved land for a purchase price equal to the sum of the following:
a) The fair market value of the reserved land at the time of approval of the subdivision, as established by the agreement or as determined in the manner provided for by the agreement;
b) Any property taxes assessed against the reserved land between the time of approval of the subdivision map and the date the acquisition occurs;
c) Any costs reasonably incurred by the owner of the reserved land in the maintenance of same; and
d) Any interest costs incurred by the owner of the reserved land on a prorated portion of a loan secured by same.
8. If, following the reservation of land for an elementary school fora subdivision in which the subdivided land has been owned by the subdivider for more than 10 years prior to the filing of the tentative subdivision map or tentative parcel map, the Chico Unified School District, within 30 days of the approval of the tentative subdivision map or tentative parcel map, elects to acquire such reserved land, the Chico Unified School District shall offer to enter into a binding commitment with the subdivider to acquire such reserved land no later than 60 days following the filing a final map or parcel for all or any portion of the subdivision. Such binding commitment shall provide, among other things, for the acquisition of such reserved land for a purchase price equal to the sum of the following:
a) The original cost to the subdivider of the reserved land;
b) Any property taxes assessed against the reserved land subsequent to the date of the offer of the Chico Unified School District to enter into a binding commitment to acquire such land;
c) Any costs reasonably incurred by the subdivider of the reserved land in the maintenance of same; and
d) Any interest costs incurred by the subdivider of the reserved land on a prorated portion of a loan secured by same.
9. If, following the reservation of land pursuant to the provisions of this chapter, the city or other public agency having responsibility for providing the public facility or facilities, does not enter into an agreement or make the commitment to acquire such reserved land in the manner required by this chapter, the reservation of such land shall automatically terminate.
10. The provisions of this chapter shall not be a limitation on or restrict the right of the advisory agency to require the reservation of land or a dedication of land for a subdivision where such reservation or dedication requirements are otherwise authorized by this code, authorized by the Subdivision Map Act, required by an agreement between the city and the subdivider or owner of the subdivided property, or are necessary to mitigate an adverse environmental effect identified in the environmental impact report prepared in connection with the approval of such subdivision.
(Ord. 2591 (part))
The requirement for the dedication of land along the banks of certain designated watercourses within the city incident to the approval of a tentative subdivision map or tentative parcel map for subdivisions which adjoin or include such watercourses, in order to provide for the preservation and/or propagation of riparian habitats within and along the banks of the watercourses.
A. Purpose. This chapter is enacted pursuant to the municipal affairs provisions of the City Charter for the purpose of requiring the dedication of land along the banks of certain designated watercourses within the city for subdivisions which adjoin or include such watercourses, in order to provide for the preservation or propagation of riparian habitats within and along the banks of the watercourses. In enacting this chapter, the city council makes the following findings in regard to the value of riparian habitats and the need for the dedication of land for such habitats for subdivisions adjoining certain designated watercourses:
1. The council finds that within the city there exist five watercourses, generally known as Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, each of which supports or is capable of supporting valuable riparian plant communities both within and along the banks of such watercourses. Such riparian plant communities offer refuge to urban wildlife and migrating birds, reduce the possibility of flood damage to public and private property, protect stream banks from erosion, and contribute significantly to the quality of the waters flowing through such watercourses. By reason thereof, the preservation and enhancement of such riparian plant communities is important to the well-being, safety and health of the residents and occupants of new development occurring within the Chico community adjacent to such watercourses.
2. The council further finds that in order to preserve and enhance the riparian plant communities within and along Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, it is necessary to preclude new development occurring adjacent to such watercourses from destroying existing riparian plant communities occurring within or along the banks of the watercourses, or from encroaching on or near the watercourses in a manner which would interfere with the initiation and propagation of new riparian plant communities. Toward this end, the council has determined that the only practicable way to preclude such new development from destroying or interfering with the initiation and propagation of such riparian plant communities is to require the owners of the new development to dedicate land within and along the banks of such watercourses to the city for a subdivision bordering the watercourses so that such riparian plant communities can be placed under public stewardship and control.
3. Moreover, the council finds that since destruction of existing riparian plant communities and/or interference with the initiation and propagation of new riparian plant communities within or along the banks of Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, is a significant adverse environmental effect which is likely to result from new development occurring adjacent to such watercourses, the California Environmental Quality Act, as set forth in Section 21000, et seq. of the California Public Resources Code, precludes approval of any subdivision bordering the watercourses unless and until provisions have been made to substantially mitigate such adverse environmental effect. In this regard, the council has determined that the most logical and feasible way to mitigate such adverse environmental effect is to require the owners of each new subdivision bordering such watercourses to dedicate lands within and along the banks of the watercourses to the city so that the city can preserve, propagate and maintain existing or new riparian plant communities within and along the banks of the watercourses as part of a comprehensive and coordinated program all for the benefit of the Chico community, including in particular the residents and occupants of new development occurring within subdivisions adjacent to the watercourses.
4. By reason of the foregoing, the council finds that there is a reasonable relationship between the dedication of lands for riparian plant communities required by this chapter incident to or as a condition of the approval of a minor land division, tentative subdivision map or tentative parcel map for a subdivision bordering Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel or Sycamore Creek, and the public needs created by such subdivisions. In particular, the council finds that the dedication of such lands is necessary to ensure the preservation and enhancement of the riparian plant communities and associated riparian habitats within and along the banks of such watercourses, which are of benefit to the residents and occupants of such subdivisions, and that the dedication of such lands is the most logical way to mitigate the adverse environmental effects which would occur in the event development occurring within such subdivisions was allowed to encroach on the banks of such watercourses so as to destroy or prevent the development of such riparian plant communities.
B. Requirement for Dedication of Land for Riparian Habitat.
1. The dedication of land along a stream or watercourse, in fee simple, shall be required by the advisory agency for land which includes or adjoins any of the following watercourses within the city:
a) Big Chico Creek;
b) Little Chico Creek;
c) Comanche Creek;
d) Lindo Channel; and
e) Sycamore Creek.
2. Except as provided by this section, the following land shall be dedicated to the city for riparian habitat in subdivisions requiring such a dedication pursuant to the provisions of this chapter:
a) All land in the subdivision which underlies and is situated within the outer banks of Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, including the Sycamore Diversion Channel; and
b) All land within the subdivision which is upland of and within twenty-five feet of the outer banks of such watercourses.
3. Where a subdivision contains an existing riparian plant community bordering a watercourse which extends more than twenty-five feet upland of the outer banks of such watercourse, the advisory agency, in lieu of requiring the dedication of the twenty-five foot strip of land required by subsection B.2.b) of this section, may require the dedication of land upland of the outer banks of such watercourse which is of varying widths and includes all or a portion of such existing riparian plant community, provided that the area of land required to be dedicated to the city for riparian plant communities upland of the outer banks of the watercourse pursuant to this subsection does not exceed the total area of land which otherwise would have been required to be dedicated to the city pursuant to subsection B.2.b) of this section.
4. Where a subdivision is of such size or configuration that the dedication of the twenty-five foot strip of land upland of the outer banks of an adjoining watercourse would result in the loss of more than twenty-five percent of the remaining developable area of the subdivision, the advisory agency, in lieu of requiring the dedication of the twenty-five foot strip of land required by subsection B.2.b) of this section, shall require a dedication of land upland of the outer banks of such watercourse which is of a width or widths which does not cause the foregoing limitations to be exceeded.
5. Where land has been dedicated to and accepted by the city for a riparian habitat for a subdivision, such land shall be used as a riparian habitat serving the residents of the subdivision, as well as other members of the Chico community, unless and until the city council at some future time requires such land for a more necessary public use, provided, however, that in the event the city council should approve the use of such lands for a more necessary public use, the council shall endeavor to provide additional riparian habitats of equivalent value either by the acquisition of additional riparian habitats or enhancing existing riparian habitats owned or controlled by the city, which additional or enhanced riparian habitats shall be as close to such subdivision as is feasible.
6. Where lands have been dedicated to and accepted by the city for a riparian habitat for a subdivision, the council may lease the land containing such habitats to the Chico Area Recreation and Park District if the council has determined that leasing such lands to the Chico Area Recreation and Park District will serve the best interests of the inhabitants of the subdivision and other members of the Chico community, and if the Chico Area Recreation and Park District, in such lease or by a separate agreement executed on or before the date such lease is made, has undertaken to operate and maintain such riparian lands for the purposes for which they were dedicated.
7. Notwithstanding any provision of this chapter to the contrary, the advisory agency, for land which includes and/or adjoins Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, may require the dedication of additional riparian habitats at any location and in any amount which the advisory agency determines is necessary in order to substantially mitigate an adverse environmental effect identified in an environmental impact report prepared in connection with the approval of such subdivision.
D. The terms "developable area of a subdivision", "outer banks", and "riparian plant community" are defined in Chapter 18.02 - Definitions.
(Ord. 2591 (part))