Moreno Valley City Zoning Code

All land division shall conform to the comprehensive general plan of the city of Moreno Valley, with all applicable specific plans, and with the requirements of this development code except as hereinafter provided.

The requirements set forth in this chapter are minimum standards and requirements, and the city engineer may establish additional policies to implement such standards and requirements, which the city engineer finds necessary for proper and effective division of property and necessary to implement applicable general plan policies.

Exceptions from the requirements of this title relating to the design or improvement of land divisions shall be granted only when it is determined that there are special circumstances applicable to the property, such as, but not limited to, size, shape or topographical conditions or existing road alignment and width, and that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity.

Applications for such exceptions shall be made in writing, stating fully the reasons and justification for the requested exception and shall be filed with the tentative map to be acted upon when the tentative map is considered for approval, conditional approval or denial.

A tentative map shall be required of all applications for all land divisions for which a parcel map is required pursuant to Section 66428 of the Subdivision Map Act. The requirement for a tentative map may also be waived by the community development director where a request for a waiver of a parcel map meets with approval pursuant to Section 9.14.090(L) of this chapter.

The street system in the proposed land division shall be related, in general, to the existing streets in the area adjoining the proposed land division.

The proposed street system shall give consideration to the future land division of adjoining undivided property.

All streets shall be designed to serve the proposed use of the abutting land.

When improvements are required, part-width boundary streets in a land division adjacent to undivided land shall have a minimum half-width right-of-way.

When no improvements are required, part-width boundary streets shall have a minimum right-of-way width of 30 feet.

Concrete rolled curbs in conformance with city standards may be permitted in place of standard curbs on nondedicated streets upon the determination of the city engineer that the streets are adequate to handle drainage, and that an adequate maintenance program is provided in the covenants, conditions and restrictions of the subdivision or otherwise assured to the satisfaction of the city engineer.

When consistent with existing development, access to residential property along freeways, expressways, arterial highways, major highways and flood control channels shall be provided by one of the following:

Design of streets shall make provision for railroads, parkways, expressways, grade separations, flood control channels, prevailing geological conditions and local drainage facilities.

Whenever lots of a proposed land division are located more than 660 feet, in any area, from a publicly maintained circulatory road, a secondary access shall be provided. Documentation and improvement for such access shall be established as part of the tentative map review.

Dead-end and part-width streets shall not be permitted if it is determined that adjacent land use or topographical features will not permit the extension or widening of such streets. Dead-end streets shall be so designed that access to abutting property shall be physically possible.

On land divisions where improvements are not required, the centerline alignment of the street right-of-way shall be so located that future improvements shall be feasible and in accordance with city standards and ordinances.

Concrete rolled curbs are not permitted in streets offered for dedication to the public.

Private streets may be permitted when it is determined that there is adequate provisions for their construction and continued maintenance, that the welfare of the occupants of the development will be adequately served and that it will not be detrimental to the public health, safety and general welfare.

Private streets shall not be offered for dedication to public use. All private streets shall meet the width requirements set by the city engineer and shall be constructed in accordance with city standards.

All streets that are permitted to be private may provide for access control by land division design, posting or gating. Gating shall meet the approval of the fire prevention bureau.

Interior streets of a planned residential development shall be constructed to minimum widths as determined by the city engineer and in accordance with city improvement standards.

When a special design for a cul-de-sac, length of a street terminating in a cul-de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this chapter or in the city improvement standards, the design shall be submitted to the city engineer for approval.

Concrete rolled curbs in conformance with city standards may be permitted in place of standard curbs on nondedicated streets upon the determination of the city engineer that the streets are adequate to handle drainage, and that an adequate maintenance program is provided in the covenants, conditions and restrictions and/or otherwise assured to the satisfaction of the city engineer.

Sidewalks shall be required to be constructed in conjunction with private streets unless it is determined by the approving body to be unnecessary, considering the design of the development. Sidewalk construction shall be in accordance with the city improvement standards.

Improvement plans, agreements and bonds shall be required for private streets in accordance with the applicable provisions of this chapter.

Street grades for local streets may exceed 12% only when engineering design shows that the grade proposed is safe and that the lesser grade would deny access to land appropriate for use subject to the approval of the fire prevention bureau.

Street grades of less than one percent may be approved only when engineering design shows that local drainage provisions are adequate and steeper gradients cannot be obtained. The minimum acceptable grade shall be 0.50% unless a written request is made of, and written approval is granted by the city engineer. The utilization of combinations of steep and minimum gradelines as a means of generating embankment materials for on-site tract grading to the detriment of street maintenance and good engineering design will not be approved. Every effort shall be made to design street grades which will be in conformance with the existing terrain.

All street intersections shall be at right angles, plus or minus five degrees, unless otherwise approved by the city engineer.

Centerline offsets of less than 200 feet shall not be permitted, except that in special design cases offsets of less than five feet may be used when approved by the city engineer.

Curb Returns.

Corner cutbacks shall be established as provided in city standards.

Frontage road connections providing access to the main highway shall incorporate an intersection design in conformance with city standards.

Median openings or crossovers between opposing lanes of a divided highway shall be located only at approved intersections and other locations as approved by the city engineer.

Improved alleys not less than 20 feet in width may be approved at the rear of all lots intended for industrial, commercial, and multiple-family uses.

Alley intersections shall have minimum corner cutbacks of 25 feet.

Dead-end alleys shall provide an adequate turnaround for emergency vehicles as required by the municipal code.

Lot size shall be not less than the minimum required by the zoning classification applicable to the subject property, and shall be consistent with the general plan.

When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement.

Side lot lines shall be at right angles to the street centerline, except where terrain or other restrictions make such design impractical.

No lot shall be divided by a city, county, school district or other taxing agency boundary line.

The minimum lot frontage on a knuckle or cul-de-sac street shall be 50 feet measured along the property line unless otherwise specified in the development standards of the zoning classification.

Lot width along curvilinear streets may be measured at the building setback line in accordance with development standards of the zoning classifications.

When a lot includes an access corridor, the access corridor shall be not less than 20 feet in width. In no case shall the length of the access corridor exceed 500 feet. When the access portion abuts a dead-end street or cul-de-sac, the combined length of the street and the access strip shall be no more than the maximum length of a cul-de-sac as defined herein.

Any contiguous property that is owned by the land divider shall be included within the boundaries of a land division when necessary or desirable in the design or improvement of the land division.

Any contiguous property that is owned by the land divider, but not included within the boundaries of the land division, shall be of such size and shape as to conform to the provisions of this code, the general plan or any applicable specific plan; otherwise it shall be included within the boundaries of the land division.

No land division final map shall be recorded unless public access is provided from each parcel of the land division to a city, county, county service area, community service district, state or federal road that is maintained for public use. Public access to a road maintained by a property owner's association may be allowed if the city council determines that there is no other feasible means of guaranteeing maintenance of the road for public use, and if the association has the unqualified right to maintain the road pursuant to recorded conditions, covenants and restrictions which require the association to maintain the road and such requirement cannot be amended or terminated without the consent of the city.

The requirement for public access may be waived under the following circumstance:

Public access is not required if each parcel created is 40 acres or more or is a quarter of a quarter section.

In order to provide for future passive or natural heating and/or cooling opportunities in a subdivision, the following considerations shall be taken into account: subdivision lot design, size, configuration or structure, orientation in an east-west direction, local climate, contour, configuration of the parcel to be divided, and other design and improvement requirements. Such provision shall not result in reducing allowable densities or the percentage of lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

These requirements do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

Prior to the filing of a tentative map for a land division, a tract number shall be obtained from the Riverside County road department or other proper authority.

When the tentative map is a parcel map division, this shall be so indicated thereon.

The city engineer shall maintain a permanent record of all tract numbers within the city limits.

When applying for a tract number, the land divider shall certify that he is the record owner of the property, or that the record owner consents to the filing of the map, or the land divider shall submit such proof of ownership or consent of the owner as shall be required by the city engineer.

When a number has been assigned by the county for a particular parcel or contiguous parcels of land, the land divider shall place the tract number upon each tentative map of the land division and neither the number nor the area of the parcel of land for which the number is issued shall thereafter be changed or altered in any manner upon the tentative map of the land division unless and until a new number has been assigned by the county.

Prior to filing a tentative map, the land divider shall obtain an application for land division, which form shall be furnished by the community development department and completed by the divider.

The application shall be for the purpose of:

No person shall make any land division, as herein defined, of real property located in the city, except in accordance with the provisions of the Subdivision Map Act, Land Surveyors Act, this title and other appropriate laws.

When a tentative map has been submitted, no grading or construction work shall be performed until the tentative map and the improvement plans for such work have been approved by the appropriate approving authority.

The following information shall be shown on and verified or accompany tentative subdivision maps with any other supplementary information that the community development department or city engineer may deem necessary and reasonable:

Reports and written statements on the following matters shall accompany the tentative map:

If the land division lies within a special zone shown on the map prepared by the state geologist pursuant to the Alquist-Priolo Geologic Hazard Zone Act, a geologic report or waiver thereof pursuant to the provisions of this title shall accompany the tentative map;

A program for control of soil erosion in conformity with this chapter shall be submitted for land division in blow sand areas.

The following information shall be shown and verified or accompany all tentative parcel maps and any other information that the community development department or city engineer may deem necessary and reasonable:

Reports and written statements on the following matters shall accompany the tentative map:

If the land division lies within a special studies zone shown on the map prepared by the state geologist, pursuant to the Alquist-Priolo Geologic Hazard Zone Act, a geologic report or waiver thereof pursuant to the provisions of this title shall accompany all tentative parcel maps.

Request to waive the final map for any parcel map division shall be filed at the time of the filing of the tentative parcel map.

Action Following Filing. For purposes of this section, the 50 day limitation for action after filing of the tentative map shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

Submittal Requirements. All tentative maps shall be submitted to the community development department and shall be accompanied by the appropriate fee as set by the city council and shall comply with this chapter.

Additional Information. Within 30 days of the date on which the map is submitted, the community development department shall determine whether any additional information is required, and the applicant or representative shall be so notified. Once the information required to complete the review of the tentative map is provided, the community development department shall accept the map as complete for filing. Additional information which may be required shall include, but is not limited to, data necessary to complete environmental review, flood and drainage studies, sewage disposal information, and circulation studies.

A flood protection study fee as set forth by city council shall be paid upon the submittal of the tentative map if required by the city engineer.

No charge shall be made for a flood protection study on a revised tentative map filed within two years of the original filing.

There shall be no flood protection study fee for reverting subdivided lands to acreage.

City engineer/public works department;

Fire department;

School district(s);

California Department of Transportation (if applicable);

Flood control district (if applicable);

Eastern municipal water district and local sewer/water servers as applicable to the property involved;

Riverside County health department;

Police department;

Parks and recreation department;

Any other public agency, as appropriate.

All tentative maps shall be reviewed by the project review committee (PRC). The land divider and any representative shall be notified of the date and time of the meeting, at which time the land divider shall review the proposed map with the committee.

Upon completion of its review, the PRC shall prepare minutes and transmit a copy thereof to the land divider and his or her representative.

Tract Maps and Parcel Maps. Except as described herein, a public hearing shall be held before the planning commission and its report thereon shall be made. Notice of the hearing shall be given, as provided in Section 9.02.200 of this title, and shall be subject to the major development review process contained in Section 9.02.030(B) of this title. After closing the hearing, the planning commission shall approve, conditionally approve or disapprove the proposed tentative map. The community development director may approve, conditionally approve or disapprove a tentative parcel map without a public hearing on land zoned and developed for residential, mixed use, commercial or industrial purposes. Notice shall be given, as provided in Section 9.02.200(C) of this title.

Notice of the decision shall be filed with the city clerk and a copy thereof mailed to the land divider or authorized agent and any interested party requesting a copy.

An appeal is filed within 10 days of the planning commission action;

A member of the city council requests that the city council assume jurisdiction of the matter within 10 days of the planning commission action; or

The tentative map requires prior approval of a general plan amendment, zone change, or other approval vested solely with the city council. If the planning commission decision is appealed or the city council assumes jurisdiction, a public hearing on the matter shall be held not more than 30 days thereafter.

Appeal of Action of the Planning Commission.

Appeal of Action of the Community Development Director.

Area;

Improvement and design;

Flood water drainage control;

Appropriate improved public roads;

Sanitary disposal facilities;

Water supply availability;

Environmental protection;

Adequate existing survey control; and

All other provisions of this and other applicable ordinances of the city and the Subdivision Map Act.

It is the purpose of this section to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act and this chapter (Land Divisions). Except as otherwise set forth in the provisions of this section, the provisions of this chapter shall apply to the processing of vesting tentative maps.

This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the state of California (hereinafter referred to as the "vesting tentative map statute"), and may be cited as the "vesting tentative map ordinance."

Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the general plan and any applicable specific plan or not permitted by this title or other applicable ordinances.

Application.

Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map, except as hereinafter provided:

Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees required by the city council for the filing and processing of a vesting tentative map.

Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this chapter for the expiration of the approval or conditional approval of a tentative map.

Vesting on Approval of Vesting Tentative Map.

Development Inconsistent with Zoning—Conditional Approval.

Applications Inconsistent with Current Policies. As recognized under the provisions of Section 66498.4 of the vesting tentative map statute, notwithstanding any provision of this section, a property owner or designee may seek approvals or permits for developments which depart from the ordinances, policies and standards described in subsections (B)(6) and (B)(7) of this section, and the city may grant these approvals or issue these permits to the extent that the departures are authorized under applicable ordinances and other law.

The purpose of this chapter is to set forth the process for financing and/or conveyance for sites, which already have an approved tentative parcel and/or tract map. It is not the intent of the finance and/or conveyance map to create any legal building site(s) as a future map, or parcel map, shall be processed in order for any development to occur.

This criteria shall govern the filing and processing of tentative maps for finance and/or conveyance purposes. Applications for finance and/or conveyance maps (collectively referred to as "financing maps") may only be accepted under one of the following criteria:

Notwithstanding the requirements set forth in Section 9.14.040, the director of community development or designee may waive the following requirements in writing if requested in advance by the applicant:

The following statement must be clearly printed on the face of the proposed financing map: "FOR FINANCE AND CONVEYANCE PURPOSES ONLY."

If a future map is required for any development, the face of the map must include the following additional statement: "THIS MAP DOES NOT CREATE A LEGAL BUILDING SITE. FURTHER APPLICATIONS ARE NECESSARY TO DEVELOP THIS PROPERTY."

If a previously approved tentative map, vesting tentative map, or conditional use permit is in place on the property, the face of the map must include the following additional statement in addition to the statement required in subsection (D)(2): "THIS MAP DOES NOT REMOVE ANY DEVELOPMENT REQUIREMENTS SET FORTH WITH APPROVAL OF {insert case number(s)}, WHICH MUST BE SATISFIED WITH CONTINUED DEVELOPMENT OF THE PROPERTY."

Criteria. The advisory agency reviewing authority shall base its decision to approve, conditionally approve, or disapprove the proposed financing map on the information required under this chapter, and any additional information reasonably necessary to determine that the property covered by the map can be feasibly developed under the existing zoning and general plan designations for the site. At a minimum, the advisory agency/reviewing authority must ensure the following:

Findings. A tentative map for finance and conveyance purposes shall be approved or conditionally approved only if the advisory agency can make the following findings:

Any submittal requirements which were waived in connection with the financing map in accordance with subsection (D)(1) shall be submitted concurrently with the first discretionary application for development of the property covered by the map (i.e., with an application for a future map, a conditional use permit, or master plan), or shall be submitted as prescribed by conditions of approval already in place with underlying entitlement approvals that govern continued or subsequent development of the property as described on the face of the map per subsection (D)(4).

This map is approved for finance and land conveyance purposes only. No applications for building or grading permits shall be accepted for the parcel or parcels created by this map until a (future map/conditional use permit/master plan) for development has been approved by the city, or as prescribed by conditions of approval already in place with underlying entitlement approval that govern continued or subsequent development of the property as described on the face of the map per subsection (D)(4).

That the proposed land division is not consistent with applicable general and specific plans;

That the design or improvement of the proposed land division is not consistent with applicable general and specific plans;

That the site of the proposed land division is not physically suitable for the type of development;

That the site of the proposed land division is not physically suitable for the proposed density of the development;

That the design of the proposed land division or the type of improvements are likely to cause serious public health problems; or

Denial of Map Under the Williamson Act.

That the proposed land division and the associated design and improvements are not consistent with applicable ordinances of the city.

That the design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision; and

That the effect of the proposed land division on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.

A specific plan covering the area proposed to be included within the land project has been adopted by the city council; and

It is determined that the proposed land project, together with the provisions for its design and improvement, is consistent with the adopted specific plan for the area.

Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this chapter in effect at the time the revised map is approved.

Proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map, except those procedures that are not applicable. The approval or conditional approval of a revised tentative map shall annul approval of the previous tentative map, but the approval thereof shall not extend the time within which the final map may be filed.

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map provided:

No phased map shall be approved unless it is complete and in compliance with all of the provisions of this title, including fire protection, flood control, traffic circulation, access and environmental considerations, and with all conditions of approval of the tentative tract, and specifically approved by the planning commission.

The phase will be identified by the approved tentative map number with a dash number designating such unit. The unit number shall be obtained from the city engineer upon payment of the fee specified by the city council. Units shall be recorded in the order as indicated by the unit number. The last unit within a tentative map to be recorded will not bear a unit number.

No more than three unrecorded phase numbers may be issued or be effective on a tentative map at any tune, unless otherwise approved by the planning commission during a public hearing.

The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions relating to the filing of multiple final maps.

Tentative Subdivision Maps. An approved or conditionally approved tentative subdivision map shall expire 36 months after such approval unless within that period of time a completed final map meeting all applicable conditions of approval shall have been filed with the city engineer for completion of processing, approving and recording. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the community development director no more than 60 days prior to the expiration date of the tentative map and shall be accompanied by the fee set by the city council.

Tentative Parcel Maps. Expiration of approved or conditionally approved tentative parcel maps shall be subject to the same provisions specified for tentative subdivision maps under subsection (C)(1) of this section.

An extension of time shall not be granted unless: all incurred city fees have been paid; the land division conforms to the general plan; the land division is consistent with existing zoning and with applicable improvement standards; and the land division will not be detrimental to the public health, safety and welfare. This provision shall not necessarily be construed to prohibit approval of an extension of time for a land division that is nonconforming with respect to the design of lots or cul-de-sac streets.

Vesting Tentative Maps. A vesting tentative map shall be subject to the same expiration and extension of time provisions as a tentative map; provided, however, that on recordation of a final map, the rights conferred on a vesting tentative map shall be as specified under Section 9.14.060(B)(6)(a) of this chapter.

If the subdivider is required to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, and the cost of improvements is equal to or exceeds the dollar amount, as specified in the current edition of the state Subdivision Map Act, each filing of a final map, as specified in Section 9.14.090 of this chapter, shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration or the date of the previously filed final map, whichever is later. The extension shall not extend the tentative map more than 10 years from its approval or conditional approval. For the purposes of this section, the number of phased final maps which may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.

Extensions of Time for Maps Affected by Moratoriums and Lawsuits. The period of time specified in subsections (C)(4) and (C)(5) of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of such moratorium. A development moratorium shall include a water and/or sewer moratorium as well as other actions of public agencies which regulate land use, development, or the provisions of services to the land, other than the city which thereafter prevents, prohibits or delays the approval of a final or a parcel map. A development moratorium shall also be deemed to exist for those reasons set forth in the Subdivision Map Act.

Surveys made in preparation of final land division maps shall be in accordance with standard practices and principles of surveying and all applicable provisions of the Subdivision Map Act.

Before the final map of a subdivision will be accepted by the city engineer for checking, the land divider shall submit and obtain approval by the city engineer of a map showing:

The city engineer may waive the boundary plat if sufficient survey information is of record.

Whenever the city engineer has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map shall show city and county boundaries adjoining the division of land.

When a boundary survey map is approved or waived by the city engineer, the subdivider may then file his or her final map for preliminary checking in the office of the city engineer. The quantity of the number of positive prints shall be determined by the city engineer.

The final map shall be accompanied by the following:

Proposed improvement plans shall be submitted and accompanied with the plan checking fee, as set by the city council.

Prior to the recordation of the final map, the following items shall be provided and approved:

A number of positive prints of the final parcel map, as determined by the city engineer with plan checking fee, as set by the city council;

All required improvement plans with plan checking fee, as set by the city council; and

Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests herein. In the event that any dedication is to be made for public use of any property shown on a final parcel map, a subdivision guarantee shall be issued by a California title company.

Final subdivision and parcel maps shall conform to all of the following provisions:

The following data shall be shown on each final subdivision and parcel map:

After the preliminary final land division map is determined to be correct, the city engineer shall notify the land divider to prepare and submit the original and duplicate original of the final map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of the final map. If the final land division map or documents are not determined complete by the city engineer, they shall be returned to the land divider for corrections.

The original and duplicate original map shall be inscribed on polyester base film, including the required signatures, and shall meet the requirement of the city engineer.

When a Schedule "A," "B," "C," or "D" final tract map and all agreements, securities and other required documents have been submitted and found to be in correct form, the city engineer shall, within 20 days thereafter, file the final map and documents with the city clerk and certify that:

When a Schedule "E," "F," "G," "H," or "I" final parcel map and all agreements, securities and other required documents have been submitted and found to be in correct form, the city engineer shall, within 20 days thereafter, approve the map if it conforms to all the requirements of the Subdivision Map Act and this section applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so conform, disapprove the map; provided, however, that the final map shall not be disapproved due to technical or inadvertent errors which in the opinion of the city engineer do not materially affect the validity of the map. When the map is approved, the city engineer may accept or reject dedications and offers of dedication that are made by certificate on such map, and may sign the certificate for the city. The city engineer shall file the approved map and documents with the city clerk.

At the time of making the survey for a final land division map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards described in Section 8771 of the Business and Professions Code and also comply with city standards.

All monuments for final land division maps containing five or more lots, and all Schedule "E" maps regardless of the amount of lots shown on the map, shall be set prior to the recordation of the map unless the land divider executes a secured agreement guaranteeing the setting of the monuments.

All monuments for final land division maps containing four or less lots, except Schedule "E" maps, shall be set prior to the recordation of the map.

Upon approval by the city council, the city clerk shall certify that all required certificates, security and deposits have been filed and shall transmit the final map to the recorder.

The land developer shall present to the recorder evidence that, at the time of the filing of a final map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the office of the recorder; otherwise, the map shall not be filed.

The recorder shall have not more than 10 days within which to examine the final land division map and either accept or reject it for filing.

If the recorder accepts the map for filing, such acceptance shall be certified on the face thereof.

The recorder, upon filing the final subdivision map or parcel map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the city engineer who shall retain custody thereof.

The waiver of a final map shall only be approved by the city engineer based on the required findings pursuant to Section 66428(b) of the Subdivision Map Act. To allow a waiver, the city engineer shall first determine that the proposed division of land complies with city requirements with respect to area, improvements and design, floodwaters and drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or city ordinances.

The requirement for a tentative parcel map may be waived by the community development director if it is determined by the city engineer that the land division meets the requirements herein for approval of a waiver of the final parcel map and a request for waiver of the tentative parcel map accompanies the request for waiver of the final parcel map.

When a final parcel map has been waived, the city engineer shall distribute copies of the certificate of compliance and waiver of the parcel map to the community development department and file a certificate of compliance with the recorder's office upon payment of the fee set per the city council.

Application. The land divider may apply for a certificate of correction upon finding that one or more of the following conditions apply:

The application for a certificate of correction shall be made to the city engineer upon payment of fees set by the city council and on the forms provided by the city engineer and shall include such information, as required by the city engineer in addition to the following:

Recordation of Certificate of Correction. Once the certificate of correction has been certified by the city engineer, the certificate of correction 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 amended map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to give notice of all such corrections in the same manner as though set forth upon the original map.

In addition to the amendments authorized by subsection M of this section, after a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by an amendment of final map.

Application. The land divider may apply for an amendment of final map on the forms provided by the city engineer upon payment of fees as set by the city council and shall include such information, as required by the city engineer.

No amendment of final map shall be approved unless it complies with the following standards:

Notice of Hearing. The city engineer shall set the matter for public hearing in accordance with Section 9.02.200 of this title. The hearing shall be confined to consideration of and action on the proposed modification.

Recordation of Amendment of Final Map. When the changes to a final map are in conformance with the standards, the city engineer shall certify to this fact on the amended map.

All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners certificate as a part of a final land division map. No utility easement or other rights-of-way shall be granted within proposed street dedication subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the tract boundary must be processed by separate instruments.

Whenever a minor arterial or higher classification is designated on the circulation element of the general plan of the city for Moreno Valley as requiring an ultimate right-of-way of 88 feet or greater and such highway either adjoins or crosses a proposed land division, access rights may be required to be offered for dedication to the city or otherwise restricted. The note "ACCESS RESTRICTED" shall be shown along the highway frontages on the final land division map, as provided herein. Access rights shall be restricted except for limited access openings as approved by the city engineer. However, the location of access opening(s) to commercially zoned property may be postponed to the development stage as approved by the city engineer.

Improvements installed in land divisions shall be constructed in conformance with city standards.

In the absence of a standard for an improvement, the city engineer may establish a standard in keeping with good construction and engineering practices.

When asphalt-concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross-gutters shall be installed.

Structural roadbed section shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.

The street pattern in the land development shall not land lock adjacent property or preclude access to public land.

When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.

When an existing underground utility or pipeline crosses a proposed land division or an access to a land division, the land divider shall adequately protect the utility or pipeline as directed by the utility owner as part of the conditional approval of the land division.

Projects which are located in high fire hazard areas shall require special fire mitigation measures. These fire mitigation measures shall be as per city ordinance.

All improvements constructed or installed in a land division shall be in accordance with detailed plans and specifications as approved in writing by the city engineer prior to commencement of such improvement work.

All plans shall be submitted to the city engineer and shall be approved by him before submitting a final land division map to the city council. Upon approval of such plans, they shall become the property of the city.

All improvements constructed or installed in land divisions shall be in accordance with plans and specifications as approved by the city engineer.

Contractors shall secure an encroachment permit for all work done in connection with land division projects within city right-of-way and Riverside County flood control right-of-way prior to commencing such work.

The improvement plans shall show the location of all existing improvements, gas and any other service facilities.

Improvements proposed or required on state highway right-of-way shall be located in the improvement plans and designed to Department of Transportation standards. Prior to approval by the city engineer, the land divider's engineer shall obtain the Department of Transportation's approval for such improvements.

Exemptions:

The city engineer may determine an exemption is appropriate if the improvement is infeasible or:

If the full-width improvements are located on a street that are subject to improvement via development impact fees, the developer may receive development impact fee credits for improvements in accordance with Chapters 3.38 (Residential Development Impact Fees) and 3.42 (Commercial and Industrial Development Impact Fees) and any applicable city policies.

Streets. Unless otherwise determined by the city engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:

Domestic Water. The minimum requirements for domestic water supply and distribution system are as follows:

Fire Protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:

Fences. Minimum fencing requirements shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provision of Section 9.14.130.

Streets. Unless otherwise determined by the city engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:

Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:

Fire Protection Systems. The minimum requirement for protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:

Fences. Minimum fencing requirement shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Section 9.14.130.

Streets. Unless otherwise determined by the city engineer, subdivision street improvements shall be constructed to full-width. All streets shall be 32 feet in width, improved with asphalt concrete and paving, designed and constructed in conformance with city standards, unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land division.

Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:

Fire Protection. If a water system is installed, the minimum requirement for fire protection facilities in single-family residential zones shall be as approved by the fire chief as follows:

Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:

Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows:

Streets. Unless otherwise determined by the city engineer, subdivision street improvements shall be constructed to full-width.

Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:

Fire Protection.

Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:

Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows:

The minimum improvements which a land divider shall install, or enter into an agreement to install, for parcel map divisions shall be as hereinafter set forth in Schedule "E," "F," "G," "H" and "I".

Streets. Unless otherwise determined by the city engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:

Domestic Water. The minimum requirements for domestic water supply and distribution system is as follows:

Fire Protection. The minimum fire protection requirements shall be as provided in applicable city ordinances.

Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:

Fences. Minimum requirement for fencing shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Section 9.14.130.

Streets. Unless otherwise determined by the city engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:

Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:

Fire Protection Systems. The minimum requirement for protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:

Fences. Minimum fencing requirement shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Section 9.14.130.

Street. Unless otherwise determined by the city engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:

Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:

Fire Protection. The minimum improvements for fire protection shall be as required by the city fire prevention bureau and applicable city ordinances.

Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:

Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows:

Streets. Unless otherwise determined by the city engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets shall be as follows:

Other Improvements. Domestic water, fire protection facilities and electrical and communication facilities shall be as necessary per applicable city ordinances.

Sewage Disposal. The minimum requirements for sewage disposal shall be as follows: no sewage disposal collection system is required; however, the land divider may be required to provide the health department with a sewage disposal feasibility report in conformance with health department and regional water quality control board standards.

Agricultural Lands. The following agricultural lands shall be exempt from all improvement requirements specified within this section:

Exceptions. For the purpose of this section, any parcel map division located in its entirety within a community services district, the following exception shall apply:

Whenever in this title reference is made to any street design, standard, minimum improvements, maintenance, access, or dedication thereof, the adopted street standards of the city shall apply in meeting any street requirements for land division approval, provided the city engineer has previously approved such standards. The land divider shall submit to the city engineer a street construction permit issued by the city approving the proposed street construction.

This section is adopted pursuant to Sections 66483 et seq., of the Government Code which provides for the payment of fees for the construction of drainage facilities as a condition to the division of land.

Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area.

Each area drainage plan as adopted, pursuant to the provision of Government Code Sections 66483 et seq., shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan, and include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the city shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The city shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the land for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities within the drainage area apportioned uniformly on a per acre basis.

Drainage fees shall be paid at the time of the filing of the final map or parcel map, or as a condition of the waiver of the filing of a parcel map; provided, however, at the option of the land divider the fee may be paid, in pro rata amounts, at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee. If the land divider elects to have payment made at the time of issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels, the amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee. If the land divider elects to have payment made at the time of issuance of a grading or building permit, the recorded final map or parcel map or certificate of compliance evidencing the waiver of the filing of a parcel map shall specifically state that payment of a drainage fee is required to be paid prior to issuance of a grading permit or building permit for the parcels that have been created by the land divider. In addition, a separate instrument shall be recorded by the land divider in the office of the county recorder of Riverside County, at the time of the filing of the final map or parcel map, which gives notices that the drainage fee is required to be paid by any person owning such parcels prior to issuance of a grading or building permit, if a grading permit is not required.

If the drainage fee is paid at the time of filing of the final map or parcel map or certificate of compliance evidencing the waiver of the parcel map, it shall be paid to the Riverside County flood control district. If the drainage fee is paid at the time of issuance of a grading or building permit, it shall be paid to the Riverside County flood control district. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the Riverside County flood control and water conservation district. A separate fund shall be established by the district for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction, including acquisition of right-of-way necessary for construction, of the drainage facilities serving the drainage areas for which the fees are collected, or to reimburse the district for the cost of engineering and administrative services to design and construct and acquire any necessary right-of-way for the facilities.

Under the direction of the city engineer, considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

Money may be advanced by the Riverside County flood control and water conservation district to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the district from the fund for the local drainage area in which the facilities are located.

When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the Riverside County flood control and water conservation district whereby the developer may advance money for the construction of facilities, or design or construct facilities within a local drainage area; provided that the sole security to the developer for repayment of money or other consideration advanced shall be for the amount agreed upon in advance only and shall not include interest or other charges. This agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the county board of supervisors at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities or estimated cost of the facilities.

This section is adopted pursuant to Section 66484 of the Government Code which provides for the payment of fees to defray the actual or estimated costs for the construction of bridges and interchanges as identified in the circulation element of the general plan and as a condition of approval of a final map or as a condition of issuing a building permit.

Whenever land that is proposed to be divided or for which a building permit is sought lies within the boundaries of an area of benefit, as hereinafter defined and established, a fee in the amount specified by the resolution establishing the area of benefit as adopted or thereafter amended, shall be required as a condition of approval and recordation of any final subdivision or parcel map or for the issuance of a building permit. No property shall be assessed a fee under this section for both a final map and a building permit.

Setting the Matter For Public Hearing. The city council may, by resolution, set a public hearing at any time to determine whether an area of benefit is to be established and to designate the bridge and interchange(s) from fees collected from owners of real property within such area of benefit. The city clerk shall notify all owners of real property within the proposed boundaries of the area of benefit, as shown by the last equalized assessment roll of the county, of the time and place of the hearing at least 21 days prior to the date of the hearing, by U.S. mail, postage prepaid, and by publication once in a newspaper of general circulation published in the city. Such notice shall contain information setting forth the proposed boundaries of the area of benefit, identifying the interchange(s) and/or bridge(s) to be constructed and the estimated cost of each, and setting forth the proposed method for equitably apportioning the fee amount to property owners.

Public Hearing and Protest. At the public hearing the city council will consider the preliminary plan prepared by the city engineer that outlines the area to be included within the area of benefit, designates those bridge(s) and/or major interchange(s) to be constructed, the cost estimate with regard to each improvement, and the method of apportioning fees within the area of benefit. The city council will also consider testimony from interested persons, written protest and all relevant evidence submitted. All protests are to be in writing and may be filed with the city clerk at any time period or the close of the public hearing. Each protest may be filed by a person or entity owning property within the proposed boundaries of the proposed area of benefit and describe the property with sufficient specificity that the parcel may be identified. If the person or entity filing the protest is not shown on the latest equalized assessment roll as the owner of the parcel, the protest may contain or be accompanied by documentary evidence establishing ownership. A protest may be withdrawn in writing at any time prior to the conclusion of the public hearing. If written protests are filed with the city clerk from persons or entities owning more than 50% of the land area to be included within the proposed area of benefit and, by the conclusion of the public hearing, a sufficient number of such protests have not been withdrawn so as to reduce the land area whose owners are protesting to less than 50%, then all proceedings with regard to the area of benefit shall be abandoned and the city council shall not, for one year from the date of the hearing, commence or carry on any proceeding for the same improvement or area of benefit under the provisions of this section. If any majority protest is directed against only a portion of the designated improvement, then all further proceedings under the provisions of this section to construct that portion of the designated improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the designated improvements or acquisition so protested against. The city council may, within a one-year period following a majority protest, commence new proceedings for the construction of the portion of the designated improvements so protested against, if it finds by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the property to be benefitted are in favor of going forward with such portion of the designated improvements.

Establishment of Areas of Benefit. The city council, by resolution, within a reasonable time after the close of public hearing, may establish the area of benefit. Such resolution shall set forth the boundaries of the area of benefit, specify the designated improvements to be constructed, the cost, actual or estimated, for each of the designated improvements, and establish the fee schedule by which such cost is to be equitably apportioned among the parcels comprising the area of benefit. The decision of the city council represented by such resolution shall be final. A certified copy of such resolution shall be recorded in the office of the county recorder. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the designated improvement except where the abutting property is provided direct usable access to the adjoining thoroughfare. The resolution establishing an area of benefit, may be amended from time to time by the city council to reflect modification in either the facilities to be constructed or the area to be included within the area of benefit due to alternation in land use and to reflect adjustments in the fee schedule necessitated by any amendment or increase in construction costs. Such amendments shall be adopted in the same manner as the original resolution. If the area of benefit includes lands not subject to the payment of fees, the city council shall make provisions for payment of the fees that would otherwise be chargeable to such lands from other sources. The designation of such alternative funding need not be addressed in the resolution establishing the area of benefit.

Payment of Fees.

Use of Funds.

Amendments. The resolution establishing an area of benefit may be amended by the city council as to boundaries of the area of benefit, the designation of facilities to be constructed or the estimated cost thereof, or any other aspect thereof, by following the same procedure required to establish an area of benefit.

This section is adopted pursuant to Section 66477 of the Government Code which provides for the dedication of land for park and recreational facilities as a condition of approval of a tentative map or parcel map.

Whenever land that is proposed to be divided for residential use lies within the boundaries of the city, the dedication of land may be required as a condition of approval of the division of land, as herein provided. The city shall have the option of requiring dedication of land for park purposes as a condition of approval of subdivisions of 50 parcels or more. Such dedication shall be in lieu of park land impact mitigation fees.

It is found and determined by the city council that the public interest, convenience, health, welfare and safety requires that five acres of land for each 1,000 persons residing within the city shall be devoted to neighborhood and community park and recreational facilities, based upon the determination by the city council that the amount of existing neighborhood and community park areas, as calculated pursuant to Government Code Section 66477, exceeds the limit set forth therein, and the calculated amount of five acres per 1,000 persons residing within a subdivision subject to this section is established. No credit shall be given to a subdivider for provision of private open space, private parks, private recreational areas, landscaped setbacks or landscaped road dividers within or adjacent to the proposed subdivision.

Exemptions. This section shall not apply to the following land divisions:

Dedication Requirements of Subdividers.

Determination of Land Dedication. When the conditions of approval for a land division require the dedication of land, the conditions shall be based on the following:

The minimum design for facilities which control drainage water generated within a land division or floodwater flowing into or crossing a land division shall be based on the one hundred-year flood as defined in this title. Hydrologic and hydraulic calculations for the design generated within a land division shall be submitted for approval to the city engineer. Hydrologic and hydraulic calculations for the design of flood control facilities to control floodwater flowing into or crossing a land division shall be submitted for approval to the flood control agency having jurisdiction and to the city engineer;

The use of streets for flood control and drainage purposes may be prohibited by the city engineer if the use thereof is not in the interest of the public health, safety and welfare; and

When the city engineer permits the use of streets for flood control and drainage purposes, the 10 year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes, the one hundred-year frequency design discharge shall be contained within the street right-of-way, and the product of flow depth and flow velocity shall not exceed six.

Additional flood control facilities may be required by the city engineer if he determines conditions require them.

The city engineer shall review the hydrologic calculations submitted by the land divider and determine the adequacy of peak discharges of off-site floodwaters impinging upon the land division from which protection must be provided. The land divider may consult with the city engineer or his representative as to the adequacy of flood control facilities proposed.

Improvement plans for flood control facilities to control floodwater flowing into or crossing a land division shall be approved by the appropriate flood control agency and the city engineer.

After receipt of an application for a tentative map, the city engineer will recommend conditions to be imposed. He shall also furnish a flood hazard report to the land divider and such governmental agencies as may require the same.

Improvement plans for drainage facilities to control drainage water generated within a land division shall be approved by the city engineer.

In land divisions where lot grading is not proposed, the following criteria are established:

Provide direct service to the property being developed; or

Are existing and located within the boundaries of the property being developed; or

Are existing between the property line and the centerline of the peripheral streets of the property being developed; or

Are located along or within six feet of the rear of side lot lines of the property to be developed; or

Are located within the limits of any off-site street improvement work required by the approved conditions of approval for a subdivision or development project being developed; shall be installed underground.

Utility service poles may be placed in the area within six feet of the rear lot line of the property to be developed for the sole purpose of terminating underground facilities;

Temporary utilities along with the necessary service poles, wires and cables may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or for temporary uses which comply with requirements of this title, building code and other applicable regulation;

Appurtenances and associated equipment including, but not limited, to, surface-mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts for an underground system, may be placed above ground.

In residential areas where utility service poles presently exist along or near rear lot lines, overhead utility lines to serve residential structures may be permitted. This exception may be applied to existing subdivided property where building permits have not been issued, but shall not apply to new residential subdivisions;

On developments consisting of three lots or less that do not in total exceed 600 feet of frontage for residential proposals or 600 feet of frontage for commercial development, the city engineer may waive construction of underground utilities along the peripheral streets or property lines. However, in such a situation, an estimated cost for undergrounding utilities along the peripheral streets shall be determined and a cash deposit in this amount shall be deposited with the city. This cash sum shall be held in trust by the city until an area sufficient in size to warrant the formation of an underground utility district or until costs for undergrounding of at least a 600 foot length of street have been collected.

The planting of street trees in connection with the development of new land divisions is desirable and shall be required as a condition of approval in Schedule "A," "B," "C," "D," "E," "F" and "G" land divisions unless otherwise exempted.

All land divisions governed by this section shall be required to have planted the minimum number of trees per this title per parcel frontage prior to final building inspection based on the requirements of the landscape development guidelines and specifications and the following standards:

The proposed location of all street trees shall be indicated on the street improvement plans submitted to the city engineer for final approval.

Any person may be exempted from any applicable requirement to plant street trees if any of the following conditions are found to exist:

Any request for exemption shall be approved by the city engineer. The decision on any request for an exemption under this section shall be made prior to the issuance of any building or grading permits.

General Provisions. A lot line adjustment is a modification of a boundary line between two or more adjacent legal parcels where the modification complies with the following criteria:

Filing Requirements. Applications for lot line adjustment, as defined in this section, shall be made to the city engineer on forms provided by the engineering department. The applications shall be accompanied by the fee set by the city council.

Procedure.

Recordation. Upon approval of the lot line adjustment, the city engineer, within six months or as agreed to by the city engineer and applicant not to exceed one year, shall receive proof of the recordation of the deed or record of survey and the "notice of lot line adjustment" with the county recorder. The notice shall contain the following:

This document is being recorded pursuant to Lot Line Adjustment No. __________, approved by the Public Works Department on __________.

Record of Survey. A record of survey or other records shall be required pursuant to Section 8762 of the Business and Professions Code if monuments are set at the new lot lines, unless the boundary is monumented as part of a land division with a recorded map.

Certificate of Compliance. A certificate of compliance is issued when the real property is in compliance with the Subdivision Map Act and this chapter.

Conditional Certificate of Compliance. A conditional certificate of compliance is issued when the city engineer determines that the property was divided in violation of the Subdivision Map Act or this chapter.

Certificate of Compliance and a Waiver of a Parcel Map. A certificate of compliance is required on all parcel maps which have the final map waived. Since there is no final map to record, a certificate is necessary to record a legal description of the property which has been divided.

Certificate of Compliance.

Conditional Certificate of Compliance.

Appeal to Planning Commission. The decision of the city engineer and community development director regarding a certificate of compliance may be appealed to the planning commission within 15 calendar days after notice of the decision is deposited in the United States mail. Upon receipt of a completed appeal, the city engineer shall set the matter for hearing before the planning commission, not less than 10 days nor more than 60 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The planning commission shall render its decision within 30 days following the close of the hearing on the appeal and a copy thereof shall be mailed to the applicant.

Any lot, parcel or unit of land may be merged with a contiguous lot, parcel or unit held by the same owner if any one of the contiguous lots, units or parcels do not conform to current standards for minimum lot area or dimensions under the regulations of the zoning district applicable to the property without reverting to acreage if all of the following requirements are satisfied.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

This section shall not apply in the event of existence of any of the conditions delineated in subparagraphs (A) through (E) of Subdivision Map Act Section 66451.11.

Proceedings pursuant to this section may be initiated directly by the city engineer or by request of the property owner or his authorized agent upon those forms provided by the city engineer, accompanied by such information, as required by such forms and payment of applicable fees.

Procedures for Filing. To revert divided lands to acreage, a tentative map or tentative parcel map, as appropriate, shall be prepared and filed, as required by this chapter, and the processing fee set by the city council shall be paid by the applicant(s) with the initial petition for reversion to acreage or by the person(s) requesting the city council to initiate the proceedings if initiated by the city council before initiation of proceedings.

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

Either:

Dedications or offers of dedication necessary for a logical street pattern for access to any lands not proposed for reversion or as may be necessary for drainage or utilities;

Retention of all previously paid fees as necessary to accomplish the purposes of this chapter; and

Retention of any required improvement security or deposit(s) necessary to accomplish the purposes of this chapter.

After approval of the reversion to acreage, the applicant may cause a final map to be prepared in accordance with the applicable provisions of this chapter.

Reversions shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

No building permit, grading permit or any other permit or approval necessary to develop real property shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this chapter that were applicable at the time such division occurred, unless the city engineer, as hereinafter provided, finds that development of such real property is not contrary to the public health, welfare or safety. A permit or approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property.

Whenever a permit or approval is sought to develop such real property, the department from which the permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and shall advise the person that he may file an application with the city engineer for a determination as to whether the development of the property would not be contrary to public health or safety and for the possible issuance of a certificate of compliance or a conditional certificate of compliance, as applicable, pursuant to the provisions of this chapter.

A bond or bonds by one or more duly authorized corporate sureties;

A deposit of cash with the city;

An irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by the city;

An irrevocable letter of credit issued by a financial institution subject to regulation by the state or federal government guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the city engineer, and that such written demand need not present documentation of any type as a condition of payment, including proof of loss;

An irrevocable assignment and delivery of a passbook account, together with the entitlement to insurance of the account, in a financial institution subject to regulation by the state or federal government, pledging, agreeing and covenanting that the city may redeem, collect and withdraw the full amount of the account at any time and without notice, and further pledging, agreeing and covenanting that the funds stated or shown to be in the assigned account are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor or the depository;

An adequate lien or security interest in and recorded against the property to be divided or in other real property, created by or referenced in a contract between the city and the property owner. The property owner shall pay the costs associated therewith, including without limitation, appraisals, title policies and legal fees.

An amount determined by the city engineer equal to 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. The total estimated cost of the improvement shall provide for increase for projected inflation computed to the estimated mid-point of construction;

An additional amount determined by the city engineer equal to 50% of the total estimated cost of the improvement, or the performance of the required act, securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

Ten percent of the estimated cost of the improvements for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.