CHAIR
Steve Manos
Lake Elsinore
VICE CHAIR
Steve Sanchez
La Quinta
COMMISSIONERS
Beth LaRock
Riverside
Michael Lewis
Palm Springs
Richard Stewart
Moreno Valley
Michael Geller
Riverside
Vernon Poole
Murrieta
STAFF
Director
Paul Rull
Simon Housman
Jackie Vega
Yesenia Casas
County Administrative Center
4080 Lemon St.,14th Floor.
Riverside, CA 92501
(951) 955-5132
www.rcaluc.org
RIVERSIDE COUNTY
AIRPORT LAND USE COMMISSION
June 16, 2026
Clarissa Manges, Project Planner
City of Riverside, Planning Division
3900 Main Street, 3rd Floor
Riverside, CA 92522
RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW – DIRECTOR’S
DETERMINATION
File No.: ZAP1115RG26
Related File No.: PR-2026-0048 (Zoning Text Amendment)
APN: Citywide
Dear Ms. Manges,
As authorized by the Riverside County Airport Land Use Commission (ALUC) pursuant to its Resolution No. 2011-02, as ALUC Director, I have reviewed City of Riverside Case No. PR2026-0048 (Zoning Text Amendment) , a proposal to amend Title 18 (Subdivision), Title 19 (Zoning), and Title 20 (Cultural Resources) of the Riverside Municipal Code including, but not limited to, Title 18 Articles I (Subdivision Code Enactment and Applicability), II (Subdivision Code Administration, Interpretation, and Enforcement), III (Maps and Permits), IV (Requirements for Filing and Approval Process), V (Permit Provisions), and VI (Definitions); Title 19 Articles I (Zoning Code Enactment and Applicability), II (Zoning Code Administration, Interpretation, and Enforcement), III (Nonconforming Provisions), IV (General Zoning Provisions), V (Base Zones and Related Use and Development Provisions), VII (Specific Land Use Provisions), VIII (Site Planning and General Development Provisions), IX (Land Use Development Permit Requirements/Procedures), and X (Definitions); and Title 20. The proposed amendments are intended to: 1. Implement changes to Titles 18-20 that have been recommended through their legal review of the RMC, particularly updates to references and naming conventions of RMC titles, updates to references of state legal codes, and removals of duplicate text; 2.Replace all references to the Development Review Committee (DRC) in Titles 18-20 with references to the Staff Application Review Team (START), as part of the City of Riverside’s One Stop Shop refresh effort; and 3.Make other minor, non-substantive changes and technical corrections as required to provide clarity, correct errors, or remove redundancies as necessary.
The proposed amendments do not involve changes in development standards or allowable land uses that would increase residential density or non-residential intensity. Therefore, these amendments have no possibility for having an impact on the safety of air navigation within airport influence areas located within the County of Riverside.
As ALUC Director, I hereby find the above-referenced project CONSISTENT with the 2004 Flabob Airport Land Use Compatibility Plan, 2005 Riverside Municipal Airport Land Use Compatibility Plan, and the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan.
This determination of consistency relates to airport compatibility issues and does not necessarily constitute an endorsement of the proposed amendment.
If you have any questions, please contact me at (951) 955-6893.
AIRPORT LAND USE COMMISSION
2 Sincerely,
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
____________________________________
Paul Rull, ALUC Director
cc: ALUC Case File
\\tlma-22fsp02\ALUC\AIRPORT CASE FILES\Regional\ZAP1115RG26\ZAP1115RG26 LTR.doc
Title 181
SUBDIVISIONS
ARTICLE I. - SUBDIVISION CODE ENACTMENT AND APPLICABILITY ARTICLE II. - SUBDIVISION CODE ADMINISTRATION, INTERPRETATION AND
ENFORCEMENT
ARTICLE III. - MAPS AND PERMITS
ARTICLE IV. - REQUIREMENTS FOR FILING AND APPROVAL PROCESS ARTICLE V. - PERMITS PROVISIONS
ARTICLE VI. - DEFINITIONS
ARTICLE I. SUBDIVISION CODE ENACTMENT AND APPLICABILITY Chapter 18.010 - SUBDIVISION CODE ENACTMENT
Chapter 18.020 - PURPOSE AND SCOPE
Chapter 18.030 - RELATIONSHIP TO OTHER PROVISIONS
Chapter 18.040 - SUBDIVISION CODE APPLICABILITY
Chapter 18.010 SUBDIVISION CODE ENACTMENT
18.010.010 Title.
18.010.0120 Authority.
18.010.030 Adoption of Code.
18.010.010 Title.2
This Title 18 constitutes, and may be referred to as, the Subdivision Code of the City of Riverside. (Ord. 6968 §1, 2007)
18.010.0120 Authority.3
This Title Subdivision Code is enacted based on the authority vested in the City of Riverside and the State of California, including but not limited to: the State Constitution, Subdivision Map Act, (California Government Code Section 66410 - 66499.58), Planning and Zoning Law (California Government Code Section 65000 et seq.) and the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.).
(Ord. 6968 §1, 2007)
1 Title 18. Subdivisions. I have suggested clarification of the use of the term “code” throughout this chapter for improved distinction between this title, this code of ordinances, and the various state acts cited throughout. For the state acts cited in this title, the city should consider defining them in Aarticle VI so the acts may be referred to by name only in section text throughout the title. Note that state law citation format has not been standardized in this or any title of this code but should be for consistency in the event the code is republished or recodified. Also, editorial citations to state statutes should be omitted as shown in this title and all other titles of this code of ordinances. (FOOTNOTE 310 IN EXHIBIT 2)
2 Sec. 18.010.010. Title. Short titles are unnecessary after codification and should be stricken as shown. Subdivision regulations are known as Title 18 of this code after codification. (FOOTNOTE 311 IN EXHIBIT 2) 3 Sec. 18.010.020 Authority. “This Code” is used in this title to refer to both the title and the entire code of ordinances. Suggested corrections have been made throughout without further comment. (FOOTNOTE 312 IN EXHIBIT 2)
18.010.030 Adoption of Code.4
This title Subdivision Code, the comprehensive subdivision regulations of the City, is hereby adopted in conformance with current State planning, zoning, subdivision and related development laws. (Ord. 6968 §1, 2007)
Chapter 18.020 PURPOSE AND SCOPE
18.020.010 Purpose.
18.020.020 Scope.
18.020.010 Purpose.
The purpose of this Title Subdivision Code is to regulate and control the design and improvement of subdivisions in order to achieve the following purposes:
A. To assist in implementing the Riverside General Plan adopted by the City Council as a long-range, general comprehensive guide to the physical development of the City; B. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;
C. To provide streets of adequate capacity and design for the traffic that will utilize them and to ensure maximum safety for pedestrians and vehicles;
D. To provide sidewalks or pedestrian ways where needed for the safety and convenience of pedestrians;
E. To preserve the natural assets of the City's setting, to prevent the indiscriminate clearing of property and the destruction of trees and shrubs and other desirable landscape features, to ensure adequate access to each building site, and to create new beauty and safeguard the public safety and welfare through skilled subdivision design;
F. To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, street lighting, and other utilities needed for the public health, safety and convenience; G. To provide adequate sites for other public facilities needed to serve the residents of the new developments;
H. To ensure that the costs of providing land for streets, alleys, pedestrian ways, easements, and other rights-of-way, and for the improvements therein needed to serve new developments, are borne by the subdividers rather than by the taxpayers of the City at large; I. To ensure that, insofar as possible, land is subdivided in a manner that will promote the public health, safety, convenience, and general welfare; and
J. To encourage clustering, the preservation of natural features and limit grading. (Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.020.020 Scope.
Unless otherwise provided by law, the provisions contained in this Title Subdivision Code shall apply to all real property contained within the corporate limits of the City of Riverside. 4 Sec. 18.010.030. Adoption of Code. Unnecessary recitation of adoption is stricken as shown. (FOOTNOTE 313 IN EXHIBIT 2)
(Ord. 6968 §1, 2007)
Chapter 18.030 RELATIONSHIP TO OTHER PROVISIONS
18.030.010 Relationship to pPrior TitleCode.
18.030.020 Relationship to zoning regulations the Zoning Code.
18.030.030 Relationship to the General Plan, Specific Plan and Street Alignments.
18.030.040 Relationship to the Subdivision Map Act.
18.030.050 Relationship to the California Environmental Quality Act.
18.030.010 Relationship to pPrior TitleCode.
The provisions of this Title Subdivision Code, as it existed prior to the effective date of Ordinance No. 6968, are repealed and superseded as provided in the ordinance enacting this Title Code. No provision of this Title Code shall validate or legalize any subdivision established or maintained in violation of this TitleCode as it existed prior to repeal by the ordinance enacting this Title Code. (Ord. 6968 §1, 2007)
18.030.020 Relationship to the zZoning regulations Code.
All maps approved pursuant to the provisions of this Ttitle shall conform with the city's zoning regulations Code (Title 19 of this Code) with respect to the uses of land, lot sizes and dimensions, and other applicable regulations.
Pursuant to the Land Use Element of the General Plan and Title 19 (19.780.050) the Planning Commission shall determine the base number of dwelling units allowable in a Planned Residential Development (PRD) based on benchmark densities for the underlying zone in which the project is located. Benchmark densities for a PRD by zone are shown in Table 19.780.050.B. The minimum standards for a project to qualify for a PRD with the benchmark density are that it be adequately served by public infrastructure, including good access to public and private services, and that the site is well designed with desirable amenities in accordance with adopted Citywide Design Guidelines and in accordance with this Code city codes. (Note: Compliance with this Code City Codes allows for granting of variances in certain instances.) In order for a project to qualify as a PRD it must meet these minimum benchmark density requirements. In the case of PRD's in the RC Zone, the following additional criteria apply to qualifying for the benchmark density:
A. Retention of unique natural features, including arroyos, hillsides and rock outcroppings, in natural open space areas or otherwise as part of the project.
B. Placement of buildings demonstrating sensitivity to the natural topographic and habitat features of the site, including clustering of homes in order to preserve such natural features and valuable natural open space, both for wildlife habitat and visual aesthetic purposes. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 40, 2019; Ord. 6968 §1, 2007)
18.030.030 Relationship to the General Plan, Specific Plan and Street Alignments.
All maps approved pursuant to the provisions of this Ttitle shall conform with the principles and standards of the General Plan and with any applicable specific plans with respect to population densities and distribution, locations, alignments and sizes of public streets, easements, improvements, areas and
provision of sites for schools, parks, public buildings, streets, trails, linkages or other public facilities in accordance with the recommendations of such plan.
(Ord. 6968 §1, 2007)
18.030.040 Relationship to the Subdivision Map Act.
The provisions of this Ttitle are adopted pursuant to, in compliance with, and in furtherance of the State Subdivision Map Act (California Government Code Section 66410 et seq.) All provisions of the Subdivision Map Act and future amendments thereto not incorporated in this Ttitle shall apply to all subdivisions, subdivision maps and proceedings under this Ttitle. (Ord. 6968 §1, 2007)
18.030.050 Relationship to the California Environmental Quality Act.
When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), Public Resources Code, § 21000 et seq., the application shall be reviewed in accordance with the provisions of this Title Subdivision Code, Public Resources Code Section 21000 et seq., Section 15000 et seq. of Title 14 of the California Code of Regulations (the CEQA Guidelines) and the environmental guidelines/regulations adopted by the City of Riverside Resolution 21106, or any subsequent revision thereto.
(Ord. 6968 §1, 2007)
Chapter 18.040 SUBDIVISION CODE APPLICABILITY
18.040.010 Prior rights and violations.
18.040.020 Conflicts with other regulations.
18.040.010 Prior rights and violations.
The enactment of this Title Subdivision Code shall not terminate nor otherwise affect vested subdivision maps, approvals or agreements authorized under the provisions of any prior ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of this Title Code. (Ord. 6968 §1, 2007)
18.040.020 Conflicts with other regulations.
Where any conflict occurs between the provisions of this Title Subdivision Code and the provisions of other titles of this the Riverside Municipal Code or other regulations adopted by the City, the more restrictive provisions shall apply. Nothing contained in this Title Subdivision Code shall be deemed to repeal or amend any regulation of the City requiring a permit or license or both, nor shall anything in this Title the Subdivision Code be deemed to repeal or amend other titles of this Code. (Ord. 6968 §1, 2007)
ARTICLE II. SUBDIVISION CODE ADMINISTRATION, INTERPRETATION AND
ENFORCEMENT
Chapter 18.050 - SUBDIVISION CODE ADMINISTRATION
Chapter 18.060 - INTERPRETATION OF CODE
Chapter 18.070 - ENFORCEMENT
Chapter 18.050 SUBDIVISION CODE ADMINISTRATION
18.050.010 Approving authority.
18.050.020 City Engineer.
18.050.030 City Surveyor.
18.050.040 City Traffic Engineer.
18.050.050 Building Official.
18.050.060 Appeal Board.
18.050.070 Subdivision Committee.
18.050.010 Approving authority.
A. The Planning Commission of the City, as defined in Section 806 of the City's Charter and further defined in Title 2 of this Municipal Code, is designated as the advisory and/or approving agency with respect to subdivisions as set forth in the Subdivision Map Act, Government Code § 66410 et seq., except as otherwise specifically delegated in this Ttitle; and shall have all such powers and duties with respect to subdivision maps and all other related proceedings as are provided by law and this Ttitle.
B. The Community & Economic Development Director is hereby designated as the advisory and/or approving agency for those proceedings authorized pursuant to Chapters 18.080.040 Tentative Parcel Maps, of this Ttitle.
C. The City Surveyor is hereby designated as the advisory and/or approving agency for those proceeding authorized pursuant to 18.085 Urban Lot Splits, 18.100 Lot Line Adjustments, Consolidations and Mergers, 18.110 Parcel Map Waivers and 18.120 Certificates of Compliance of this Ttitle.
D. The City Council shall be the approving authority for all maps in the RC Zone. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 1, 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 41, 2019; Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.050.020 City Engineer.
The office of City Engineer is hereby established. The Public Works Director or the authorized designee shall be the City Engineer and shall exercise the powers and duties as provided in this Title Code and any other applicable Codes or ordinances of the City.
(Ord. 6968 § 1, 2007)
18.050.030 City Surveyor.
A. The office of City Surveyor is hereby established. The City Surveyor shall be qualified and appointed pursuant to City personnel procedures and ordinance. The City Surveyor or the acting designee shall exercise the powers and duties as provided in this Ttitle and any other applicable Codes or ordinances of the City.
B. It shall be the general duty of the City Surveyor or designee to maintain and perpetuate survey monuments within the public rights-of-way of the City, prepare, review and approve property descriptions involving acquisition or disposition of property interests by the City of Riverside, review and approve Subdivision Maps and Records of Surveys, conduct field surveys for the determination
of boundaries, the location of improvements and the placement of fixed works, maintain the City land base mapping and to carry out the additional powers and duties imposed by ordinances of the City. (Ord. 6968 § 1, 2007)
18.050.040 City Traffic Engineer.
The office of City Traffic Engineer is established under Section 10.08.030 of this Municipal Code. (Ord. 6968 § 1, 2007)
18.050.050 Building Official.
The office of Building Official is established under Section 16.08.020 of this Municipal Code. (Ord. 6968 § 1, 2007)
18.050.060 Appeal Board.
The City Council of Riverside, hereinafter referred to as the City Council, is designated the appeal board charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the Planning Commission to be required.
The Planning Commission shall serve as the appeal board for decisions of the Community & Economic Development Director relative to this Ttitle.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 42, 2019; Ord. 6968 § 1, 2007)
18.050.070 Subdivision Committee.
A committee consisting of Community & Economic Development Department Director, the Public Works Director, the Public Utilities General Manager, the Park, Recreation and Community Services Director, the Fire Marshal, or designated representatives of each, and which may include one or more representatives of such other City and County departments, special district, State and other public or private agencies as may, in the judgment of the Community & Economic Development Department Director, be affected by a proposed subdivision, is formed for the purpose of reviewing and advising on subdivisions and maps in accordance with the provisions of this Ttitle and of the Subdivision Map Act, Government Code § 66410 et seq.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
Chapter 18.060 INTERPRETATION OF CODE
18.060.010 Purpose.
18.060.020 Applicability and authority for interpretations.
18.060.030 Rules and interpretations.
18.060.040 Record of interpretations.
18.060.050 Appeals of interpretations.
18.060.010 Purpose.
The purpose of this Cchapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Title Subdivision Code and to ensure consistent interpretation and application of this Title Code.
(Ord. 6968 §1, 2007)
18.060.020 Applicability and authority for interpretations.
If ambiguity arises concerning the meaning or applicability of any provision of this Title Subdivision Code, the Community & Economic Development Director shall have the responsibility to review pertinent facts, determine the intent of the provision and to issue an administrative interpretation. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 43, 2019; Ord. 6968 §1, 2007)
18.060.030 Rules and interpretations.5
A. Terminology. When used in this Subdivision Code, the following rules apply to all provisions of the Subdivision Code:
1. Language. The words "shall," "must," "will," "is to" and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended and "may" is permissive.
2. Tense. The present tense includes the past and future tense and the future tense includes the present.
3. Number. The singular number includes the plural number and the plural the singular, unless the natural construction of the words indicates otherwise.
4. Conjunction. "And" indicates that all connected items or provisions shall apply. "Or" indicates that the connected items or provisions may apply singly or in any combination. "Either ...or" indicates that the connected items and provisions shall apply singly but not in combination. "Includes" and "including" shall mean "including but not limited to ...".
5. Local Reference. "City" as used herein means the City of Riverside and all public officials, bodies and agencies referenced herein are those of the City unless otherwise stated.
AB. Number of Days. Whenever the number of days is specified in this Ttitle, or in any permit, condition of approval, or notice issued or given as provided in this Ttitle, the number of days shall be construed as calendar days. When the last of the specified number of days falls on a weekend or City holiday, time limits shall extend to the end of the next working day.
BC. Minimum Requirements. In interpreting and applying the provisions of this Ttitle, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where this Ttitle imposes a greater restriction upon the use of buildings or land or requires larger open spaces than are imposed or required by this Title Code or other Codes, rules, regulations or by easements, covenants or agreements, the provisions of this Ttitle shall control.
CD. Intent. Whenever there is any question regarding the interpretation of the provisions of this Ttitle or their application to any specific case or situation, the Community & Economic Development Director or his/her designee shall interpret the intent of this Ttitle. The Community & Economic Development 5 Sec. 18.060.030. Rules and interpretations. Text duplicative of Title 1 general provisions should be stricken as shown. (FOOTNOTE 313 IN EXHIBIT 2)
Director shall have the authority to forward to the Planning Commission any question regarding interpretation.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 44, 2019; Ord. 6968 §1, 2007)
18.060.040 Record of interpretations.
A. Once the Community & Economic Development Director has identified the ambiguity and considered relevant information, an official interpretation of this Ttitle shall be established in writing and shall cite the provisions being interpreted, together with an explanation of the meaning or applicability of the provision(s) in the particular or general circumstances that caused the need for interpretation.
B. Any provision determined by the Community & Economic Development Director to be ambiguous pursuant to this Cchapter shall be clarified by amendment as soon as is practical. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 45, 2019)
18.060.050 Appeals of interpretations.
Any aggrieved interested persons may appeal an interpretation of the regulations. Appeals shall be processed pursuant to Chapter 18.170 Appeals.
(Ord. 6968 §1, 2007)
Chapter 18.070 ENFORCEMENT
18.070.010 Enforcement authority.
18.070.020 Compliance.
18.070.030 Penalties.
18.070.040 Permit or approval.
18.070.050 Notice of violation.
18.070.010 Enforcement authority.
It shall be the duty of the City and all officers of the City to enforce this Title Subdivision Code. Any condition imposed as part of an approved subdivision case shall also be enforceable by the appropriate City officials.
(Ord. 6968 §1, 2007)
18.070.020 Compliance.
No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final map or parcel map is required by this Ttitle or the Subdivision Map Act, Government Code § 66410 et seq.,until said final map or parcel map in full compliance with this Ttitle and the Subdivision Map Act has been filed for record with the Riverside County Recorder.
(Ord. 6968 §1, 2007)
18.070.030 Penalties.
Each violation of this Ttitle and the Subdivision Map Act, Government Code § 66410 et seq., by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding $10,000.00, or by both that fine and imprisonment. Every other violation of this Ttitle and the Subdivision Map Act, Government Code § 66410 et seq., is a misdemeanor. (California Government Code §§ 66499.31).
(Ord. 6968 §1, 2007)
18.070.040 Permit or approval.
A. No permit shall be issued or approval granted necessary to develop any real property which has been divided, or which has resulted from a division in violation of the Subdivision Map Act, Government Code § 66410 et seq., or this Ttitle if it is determined that development of such real property is contrary to public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant was the owner of the real property at the time of such 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 the acquisition of said applicant's interest in such real property.
B. If a permit or approval is granted, such additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property may be imposed. (Ord. 6968 §1, 2007)
18.070.050 Notice of violation.
A. Notice of intention. Upon determination that real property has been divided in violation of the provisions of the Subdivision Map Act, Government Code § 66410 et seq., or this Ttitle and an application is not pending for a Certificate of Compliance pursuant to Chapter 18.120 Certificates of Compliance, the Community & Economic Development Director shall cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place for a meeting of the Planning Commission at which the owner may present evidence to the Planning Commission why the notice should not be recorded. The notice shall also contain a description of the violations and the explanation as to why the subject parcel is not lawful. The date set for the meeting before the Planning Commission shall be no sooner than 30 days and no later than 60 days from the date of mailing of the notice of intention.
B. Planning commission meeting; notice of violation. If at the scheduled hearing, the owner of the real property fails to object to recording the notice of violation, the Planning Commission shall direct the recording of the notice of violation with the County Recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the Community & Economic Development Director shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the Planning Commission determines that the property has in fact been illegally divided, the Planning Commission shall direct the recording of the notice of violation with the Riverside County Recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 46, 2019; Ord. 6968 §1, 2007)
ARTICLE III. MAPS AND PERMITS
Chapter 18.080 - TENTATIVE MAPS
Chapter 18.085 - URBAN LOT SPLITS
Chapter 18.090 - FINAL TRACT AND PARCEL MAPS
Chapter 18.100 - LOT LINE ADJUSTMENTS, CONSOLIDATIONS AND MERGERS/UNMERGERS Chapter 18.110 - PARCEL MAP WAIVERS
Chapter 18.120 - CERTIFICATES OF COMPLIANCE
Chapter 18.080 TENTATIVE MAPS
18.080.010 Preliminary maps.
18.080.020 Requirements for filing.
18.080.030 Tentative tract maps required.
18.080.040 Tentative parcel maps required.
18.080.050 Tentative vesting maps.
18.080.060 Tentative reversion to acreage maps.
18.080.070 Tentative condominium maps.
18.080.075 Tentative condominium conversion maps.
18.080.080 Tentative environmental subdivision maps.
18.080.090 Tentative maps not required.
18.080.095 Phasing a map.
18.080.100 Approving and appeal authority for tentative maps.
18.080.110 Appeals.
18.080.120 Tentative map revisions.
18.080.130 Changes in essential information.
18.080.140 Withdrawal of tentative map.
18.080.150 Unincorporated territory.
18.080.160 Expiration of a tentative map.
18.080.170 Time extensions.
18.080.010 Preliminary maps.
For every proposed subdivision the subdivider may, at his or her option, file a preliminary map with the Planning Division, and as many additional copies as may be required, for the purpose of obtaining advice on the conformity of the map with the provisions of this Ttitle and other applicable Codes, and possible improvements in the design of the subdivision.
(Ord. 6968 § 1, 2007)
18.080.020 Requirements for filing.
For information on filing a map see Article 4: Requirements for Filing and Approval in this Ttitle. (Ord. 6968 § 1, 2007)
18.080.030 Tentative tract maps required.
A tentative tract map, as defined under Article 6 Definitions, shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where a parcel map is required pursuant to Section 18.080.040 Tentative Parcel Maps Required of this Ttitle (California Government Code § 66426).
(Ord. 6968 § 1, 2007)
18.080.040 Tentative parcel maps required.
A. A tentative parcel map, as defined under Article 6 Definitions, shall be required for all subdivisions creating four or fewer parcels or where:
1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the approving or appeal authority;
2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway;
3. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the approving or appeal authority as to street alignments and widths;
4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section;
5. Or the land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 18.080.080 Environmental Subdivision Maps (California Government Code § 66418.2).
B. A tentative parcel map shall not be required as set forth in Section 18.080.090. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 2, 2022; Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.080.050 Tentative vesting maps.
A tentative vesting map, as defined under Article 6 Definitions, may be used whenever a provision of the Subdivision Map Act, Government Code § 66410 et seq., as implemented and supplemented by this Ttitle, requires the filing of a tentative tract map or tentative parcel map, in accordance with the following:
A. If a subdivider does not seek the rights conferred by a tentative vesting map, the filing of a tentative vesting map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction or work preparatory to construction.
B. The approval or conditional approval of a tentative vesting map shall confer a vested right to proceed with development in substantial compliance with the Codes, policies and standards
described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a tentative vesting map shall confer a vested right to proceed with development in substantial compliance with the Codes, policies and standards in effect at the time the tentative vesting map is approved or conditionally approved.
C. Notwithstanding Ssubdivision B any fee required to be paid after the tentative map is approved, such as park development fees, school development fees, drainage mitigation fees or all other applicable fees, shall be paid in the amount required at the time the fee is required to be paid.
D. Notwithstanding Ssubdivision B, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:
1. A failure to do so would place residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
2. The condition or denial is required in order to comply with State or Federal law.
E. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the tentative vesting map as provided in Section 18.180.030, Permit Time Limits. If the final map is approved, these rights shall last for the following periods of time:
1. An initial time period of three years. Where several final maps are recorded on various phases of a project covered by a single tentative vesting map, this initial time period shall begin for each phase when the final map for that phase is recorded.
2. The initial time period set forth in Ssubsection E.1 shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceed 30 days, from the date a complete application is filed.
3. A subdivider may apply for a one-year extension at any time before the initial time period set forth in Ssubsection E.1 expires. If the extension is denied, the subdivider may appeal that denial to the City Council within ten days.
4. If the subdivider submits a complete application for a building permit during the periods of time specified in Ssubsection E.1—3, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
F. Whenever a subdivider files a tentative vesting map for a subdivision whose intended development is inconsistent with city zoning regulations in Title 19 of this the Zoning Code in existence at that time, that inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in Title 19 of this the Zoning Code to eliminate the inconsistency. If the change in Title 19 of this the Zoning Code is obtained, the approved or conditionally approved tentative vesting map shall, notwithstanding Ssubsection C., confer the vested right to proceed with the development in substantial compliance with the change in Title 19 of this the Zoning Code and the map, as approved. The rights conferred by this Ssection shall be for the time periods set forth in Ssubsection E.
G. Notwithstanding any provision of this Section 18.080.050, Tentative Vesting Maps, a property owner or his or her designee may seek approvals or permits for development which depart from the Codes, policies and standards described in Ssubsections B and F, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.080.060 Tentative reversion to acreage maps.
A tentative reversion to acreage map, as defined under Article 6 Definitions, is used when any previously subdivided real property is reverted to acreage. A tentative map shall be prepared and processed in accordance with the applicable provisions of Chapter 18.080, Tentative Maps.
A. Findings. Subdivided real property may be reverted to acreage only if the approving and appeal authority finds that:
1. Dedications or offers of dedications to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, and
2. Either all owners of an interest in the real property within the subdivision have consented to reversion or none of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or no lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.
B. Conditions. As a condition of approval, the City may require the complete removal of any improvements located in any right-of-way to be eliminated by the reversion to acreage map, and may require dedication of land for public streets, highways or other easements and the installation of improvements, in accordance with the provisions of Chapter 18.220, Improvements. (Ord. 6968 §1, 2007)
18.080.070 Tentative condominium maps.
A tentative condominium map, as defined under Article 6 Definitions, is used for the mapping of a condominium project, a community apartment project or for the conversion of five or more existing dwelling units to a stock cooperative project. (California Government Code §§ 66427) (Ord. 6968 §1, 2007)
18.080.075 Tentative condominium conversion maps.6
A tentative condominium map, as defined under Article 6 Definitions, is used for the conversion of existing residential real property to condominiums, community apartments or stock cooperative projects or any other form of ownership except conversion projects for which a final or tentative parcel map has been approved or where the conversion involves a limited equity housing cooperative as defined in Civil Code § 817 Section 33007.5 of the Health and Safety Code. All provisions, conditions and further definitions of condominium development as approved included in the California Civil Code shall apply to the divisions of real property as permitted herein.
A. Findings. The approving or appeal authority shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project unless it finds all of the following:
1. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, or will have received, pursuant to Section 66452.18 of the Government Code, written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452 of the Government Code. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights 6 Sec. 18.080.075. Tentative condominium conversion maps. Health and Safety Code § 33007.5 was repealed in 2009. See suggested correction. (FOOTNOTE 315 IN EXHIBIT 2)
now or hereafter required by the Subdivision Map Act, Government Code §§ 66410 - 66499.58. In addition, a finding shall be made that each tenant has received ten days written notification that an application for a public report will be, or has been, submitted to the Bureau of Real Estate, that the period of each tenants right to purchase begins with the issuance of the final public report and that such report will be available on request. The written notices to tenants required by this Ssubdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail.
2. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given written notification within ten days of approval of a final map for the proposed conversion.
3. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this Ssubdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
4. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.
5. This Ssection shall not diminish, limit or expand, other than as provided herein, the authority of City to approve or disapprove condominium projects.
B. Development review required. In addition to the limitations and restrictions contained within this Ttitle, the Subdivision Map Act, Government Code § 66410 et seq., and the applicable building and fire regulations, no residential apartment unit shall be converted for sale, transfer or conveyance as a community apartment project, condominium or stock cooperative project without concurrently obtaining approval of a Condominium Conversion Permit pursuant to
19.790 of Title 19.
C. Exceptions. A tentative condominium map shall not be required for:
1. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.
A conversion of a community apartment project that meets all of the requirements of Government Code Section 66412(g).
A stock cooperative, as defined in Section 1351 of the Civil Code § 4190, to a condominium, as defined in Section 783 of the Civil Code, but only if it meets all of the requirements of Government Code Section 66412(h).7
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
7 Sec. 18.080.075. Tentative condominium conversion maps—Contd. Civil Code § 1351 was repealed effective 2014. See suggested correction. (FOOTNOTE 316 IN EXHIBIT 2)
18.080.080 Tentative environmental subdivision maps.
A tentative environmental subdivision, as defined under Article 6 Definitions, may be used for the subdivision of land for biotic and wildlife purposes.
A. Findings. Prior to approving or conditionally approving an environmental subdivision, the local agency shall find each of the following:
1. That factual biotic or wildlife data, or both, are available to the local agency to support the approval of the subdivision, prior to approving or conditionally approving the environmental subdivision.
2. That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency requiring mitigation.
3. That an easement will be recorded in the county in which the land is located to ensure compliance with the conditions specified by any local, state, or federal agency requiring the mitigation. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument. Where the biotic or wildlife habitat, or both, are compatible, the local agency shall consider requiring the easement to contain a requirement for the joint management and maintenance of the resulting parcels. This reservation shall not be inconsistent with the purposes of this Ssection and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, of the land.
4. The real property is at least 20 acres in size, or if it is less than 20 acres in size, the following conditions are met:
a. The land is contiguous to other land that would also qualify as an environmental subdivision.
b. The other land is subject to a recorded perpetual easement that restricts its use to a biotic or wildlife habitat, or both.
c. The total combined acreage of the lands would be 20 acres or more. d. Where the biotic or wildlife habitat, or both, are compatible, the land and the other land will be jointly managed and maintained.
(Ord. 6968 §1, 2007)
18.080.090 Tentative maps not required.8
This article shall not be applicable to:
A. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.
B. Mineral, oil, or gas leases.
C. Land dedicated for cemetery purposes under the Health and Safety Code. 8 Sec. 18.080.090. Tentative maps not required. In Subsection H, Government Code § 65852.2 was repealed effective 2024. Pursuant to Government Code § 66412.2, I think the appropriate corrective citation is Government Code § 66314 et seq. (Government Code Title 7, Division 1, Chapter 13, Article 2). The corrective cite should be verified by the city to be certain that I have accurately deduced the city’s intent. (FOOTNOTE 317 IN EXHIBIT 2)
D. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body.
E. Leases of agricultural land for agricultural purposes. As used in this Ssubdivision, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.
F. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement.
G. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
H. The construction, financing or leasing of dwelling units pursuant to Government Code Section 65852.1 or accessory dwelling units second units pursuant to Government Code § 66314 et seq.Section 65852.2, but this Ssection shall be applicable to the sale or transfer, but not leasing, of those units.
I. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet. (California Government Code §§ 66412, 66412.1, 66412.2 and 66412.5.)
J. Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, that are created by short-term leases (terminable by either party on not more than 30 days' notice in writing); or
K. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this Ssubdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement or a license. (California Government Code §§ 66428 (a)(2)).
L. Subdivisions for urban lot splits made pursuant to California Government Code § 66411.7. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 3, 2022; Ord. 6968 § 1, 2007)
18.080.095 Phasing a map.
If a map is proposed to be constructed in phases, the proposed phasing schedule is subject to approval by the Community & Economic Development Director. Upon approval, the phasing map shall be distributed to the Public Works and Public Utilities departments.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 47, 2019; Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.080.100 Approving and appeal authority for tentative maps.
The approving and appeal authority for tentative maps shall be as defined in Section 18.050.010 Approving and Appeal Authority and as further designated in Section 18.140.040 Approving and Appeal Authority Table.
(Ord. 6968 § 1, 2007)
18.080.110 Appeals.
If the subdivider, a City officer acting in an official capacity, or any other interested person adversely affected by the action taken by the approving authority with respect to the approval or disapproval of a lot line adjustment, consolidation or merger or the conditions of approval imposed, is aggrieved by the action they can appeal the action in accordance with Chapter 18.170 Appeals. (Ord. 6968 § 1, 2007)
18.080.120 Tentative map revisions.
Any revision of a tentative map or portion thereof shall comply with all requirements of this Ttitle, other applicable Codes, specific plans, and planned street lines in effect at the time such revised map is considered by the approving or appeal authority.
(Ord. 6968 § 1, 2007)
18.080.130 Changes in essential information.
When any change is made in the information, statements and drawings filed pursuant to Chapter 18.150 General Application Processing Procedures, such change shall be submitted to the approving authority in writing and shall be approved prior to the filing of the final map. (Ord. 6968 § 1, 2007)
18.080.140 Withdrawal of tentative map.
See 18.150.150 Withdrawal of Application.
(Ord. 6968 § 1, 2007)
18.080.150 Unincorporated territory.
A. A tentative map may be filed for property located outside the boundaries of the city and within the city's adopted Sphere of Influence. The map may, in the discretion of the approving Authority, may be acted upon in the manner prescribed by this Cchapter, except that if it is approved, such approval shall be conditioned upon annexation of the property to the City within such period of time as shall be specified by the approving or appeal authority.
B. No final map shall be approved until annexation of the property to the City has been completed. If annexation is not completed within the time specified or any extension thereof granted by the approving or appeal authority, the approval of such map shall be null and void. (Ord. 6968 § 1, 2007)
18.080.160 Expiration of a tentative map.
A tentative map for which a final map or parcel map has not been recorded as a final map shall expire within 36 months of the date of approval or conditional approval of a tentative map, except for moratoriums, timely requested stays for litigation, and Government Code enacted extensions, any time extension granted by the Approving Authority and shall terminate all proceedings (California Government Code Section 66452.6 (a)). Before a map may thereafter be recorded, a new tentative map shall be processed in accordance with the provisions of this Cchapter. (Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.080.170 Time extensions.
Extensions of time may be granted in accordance with Section 18.180.030 Permit Time Limits of this Ttitle.
(Ord. 6968 § 1, 2007)
Chapter 18.085 URBAN LOT SPLITS
18.085.010 Applicability.
18.085.020 Approving authority.
18.085.030 Requirements.
18.085.040 Subdivision standards.
18.085.050 Procedure.
18.085.060 Noticing.
18.085.070 Additional requirements.
18.085.080 Severability.
18.085.010 Applicability.
The provisions of this Cchapter are applicable to all parcels created pursuant to California Government Code Section 66411.7, otherwise known as Senate Bill 9. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 4(Exh. A), 2022)
18.085.020 Approving authority.
The approving and appeal authority for urban lot splits shall be as defined in Section 18.050.010 Approving and Appeal Authority and as further designated in Section 18.140.040 Approving and Appeal Authority Table.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 4(Exh. A), 2022)
18.085.030 Requirements.
A parcel map for an urban lot split made pursuant to California Government Code § 66411.7 shall conform with the following requirements, pursuant to Government Code Section 65913.4(a)(6) and Section 66411.7(a):
A. Location. The parcel being subdivided shall:
1. Be located within a Single-Family Zone (R-1, RE, RR, RC, DSP-RES, or NSP-MDR);
2. Not be located within a Very High Fire Hazard Severity Zone, with the exception of sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
3. Not be located within a mapped 100-year floodplain, wetland, recorded Open Space Easement, mapped Arroyo, or identified for habitat conservation, as defined in the Western Riverside Multiple Species Habitat Conservation Plan;
4. Not be located within a designated hazardous waste site;
5. Not be located within a Historic District or Neighborhood Conservation Area designated pursuant to Title 20;
6. Not be located on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code; and
7. Not be located on a site that is designated or listed as a city or County Landmark or Structure of Merit, or other historic property designated pursuant to Title 20 or another City or County ordinance.
B. Prior lot split. The parcel proposed for an urban lot split shall not have been formed through a previous parcel map for an urban lot split.
C. Eligibility. A parcel that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income shall not be eligible for an urban lot split. Further, a parcel is not eligible for an urban lot split if the subdivision would require demolition or alteration of:
1. Housing that is subject to any form of rent or price control;
2. A parcel containing a unit that was withdrawn from the rental market through an Ellis Act eviction at any time in the last 15 years; or
3. Housing that has been occupied by a tenant in the last three years.
D. Number of parcels. No more than two parcels may be established through a parcel map for an urban lot split pursuant to this Chapter.
E. Adjacent parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner may have previously subdivided an adjacent parcel through an urban lot split. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 4(Exh. A), 2022)
18.085.040 Subdivision standards.
A. Lot size. The new parcels shall be of approximately equal parcel area. In no instance shall a parcel be smaller than 40 percent of the lot area of the original parcel proposed for subdivision, or smaller than 1,200 square feet, whichever is greater.
B. Access to streets. Every parcel shall have access to, provide access to, or adjoin the public right-of-way. a. A minimum ten-foot-wide direct access corridor or easement shall be required when parcels do not adjoin the public right-of-way.
b. Additional access requirements, including but not limited to a wider access corridor or easement, may be required where necessary to provide adequate access for fire safety equipment pursuant to Chapter 16.32 – Fire Prevention.
C. Corridor access lots. Corridor access lots may be approved ministerially. The corridor width shall be a minimum of ten feet.
D. Dedications and easements. Easements may be required to convey public utilities, access, and other services. Right-of-way dedication and offsite improvements shall not be required, except in connection with a building permit.
E. Utilities. Parcels created through an urban lot split shall have separate sewer, water and electrical utility services.
F. The application of any subdivision standard that would physically prevent the development of two units of at least 800 square feet on either of the resulting parcels shall be waived. No Modification or other discretionary action shall be required.
G. All other development standards contained within Titles 17, 18, and 19 shall apply. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 4(Exh. A), 2022)
18.085.050 Procedure.
A. Pre-clearance. The applicant for an urban lot split shall first submit for pre-clearance approval from the Planning Division. The Planning Division shall determine whether the request meets the eligibility requirements for an urban lot split.
B. Final parcel map. Upon pre-clearance of an urban lot split application, the applicant shall file a final parcel map pursuant to Chapter 18.090.
C. An urban lot split application shall follow the processing procedures for a final parcel map as set forth in Chapter 18.150 (General Application Processing Procedures).
D. Effective date and time limits.
1. Expiration of pre-clearance. Pre-clearance approval of an urban lot split for which a final parcel map has not been recorded as a final map shall expire within 36 months of the date of approval.
2. Applicants shall be required to re-submit for pre-clearance approval from the Planning Division if a final map has not been recorded within 36 months of the initial pre-clearance approval. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 4(Exh. A), 2022)
18.085.060 Additional requirements.
A. Two units. A maximum of two units may be permitted on a parcel created through an urban lot split. "Unit" means any dwelling unit, inclusive of Accessory Dwelling Units (ADUs) and Junior Accessory
Dwelling Units (JADUs) pursuant to the requirements of Chapter 19.442 and Two-Unit Developments pursuant to the requirements of Chapter 19.443 of this the Zoning Code.
B. Further subdivision. Further subdivision of a parcel established through an urban lot split shall be prohibited. A restrictive covenant shall be recorded on each lot created through an urban lot split prohibiting further subdivision in perpetuity.
C. Owner occupancy. The applicant for an urban lot split shall sign an affidavit stating that they intend to occupy one of the dwelling units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
1. This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of Ssubparagraph (C) of Pparagraph (11) of Ssubdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
D. Short-term rentals prohibited. Units created pursuant to this Cchapter shall be rented or leased for a term longer than 30 days. A covenant shall be recorded against title to any property developed pursuant to this Cchapter restricting rental or lease of any unit on the property for a term longer than 30 days.
E. The correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of an urban lot split.
F. Setbacks. Setbacks for a unit or units on a parcel created through an urban lot split shall be as set forth in Chapter 19.443 of this the Zoning Code.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 4(Exh. A), 2022)
18.085.080 Severability.9
If any provision of this ordinance or chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this ordinance or chapter which can be implemented without the invalid provision or application and to this end the provisions of this ordinance and chapter are declared to be severable.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 4(Exh. A), 2022)
Chapter 18.090 FINAL TRACT AND PARCEL MAPS
18.090.010 Final tract and parcel maps.
18.090.020 Final map timing.
18.090.030 Certificates.
18.090.040 Survey and monuments.
18.090.050 Preliminary soils report.
9 Sec. 18.085.080. Severability. Section duplicative of Title 1 general provisions should be stricken as shown. (FOOTNOTE 319 IN EXHIBIT 2)
18.090.060 Procedure.
18.090.010 Final tract and parcel maps.
The subdivider may cause a final tract or parcel map to be prepared substantially in accordance with the tentative map as approved and in accordance with the provisions of this Cchapter. (Ord. 6968 §1, 2007)
18.090.020 Final map timing.
Within 36 months of the date of approval or conditional approval of a tentative map, except for any time extension granted by the approving authority, the subdivider may cause the property or any part thereof to be surveyed and a final map to be prepared in accordance with the tentative map as approved and in accordance with the provisions of this Cchapter and the Subdivision Map Act, Government Code § 66410 et seq. A final map shall be filed with the County Recorder only after a determination by the Public Works Department that the conditions of the tentative map have been met. Such determination by the Public Works Department may be appealed to the City Council in accordance with the provisions of Chapter 18.170 Appeals.
(Ord. 6968 §1, 2007)
18.090.030 Certificates.
For the appropriate certificates that are to appear on the final map see the City of Riverside's Final Map Preparation Guide.
(Ord. 6968 §1, 2007)
18.090.040 Survey and monuments.
For information on survey and monuments see the City of Riverside's Final Map Preparation Guide. (Ord. 6968 §1, 2007)
18.090.050 Preliminary soils report.
A. Filing report. Prior to the approval of any final map or parcel map, a preliminary soils report or waiver thereof shall be filed with and approved by the City Engineer.
B. Contents of report. The preliminary soils report shall be prepared by a civil engineer registered by the State, and shall indicate the presence, if any, of critically-expansive soils or of any other soil problems which, if not corrected, would lead to structural defects. If expansive or defective soils are indicated, the report shall recommend corrective measures to prevent structural damage to any building or structure proposed to be constructed on any expansive or defective soil.
C. Investigations. The preliminary soils report shall be based on investigations consisting of test borings or excavations. The number of investigations shall be adequate to determine fully the extent and degree of soil problems which exist on the site. If expansive or defective soils are present, investigations shall be required at the probable building location on each lot or parcel designated on the map.
D. Approval. The City Engineer shall approve the report if no critically-expansive soil or other soil problems are indicated, or if the recommended corrective measures will prevent structural damage to a building or structure to be constructed on any expansive or defective soil. The City Engineer may review the
preliminary soils report and may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.
E. Building permit. No building permit shall be issued for the construction of any building or structure on a lot or parcel of land which has been found to contain defective soils unless the approved corrective measure is incorporated in the construction plans.
(Ord. 6968 §1, 2007)
18.090.060 Procedure.
A. Filing.
1. Final tract, parcel, vesting, condominium and environmental subdivision maps. Where a final tract, parcel, vesting, condominium or environmental subdivision maps is required, the subdivider shall, prior to submitting the map for final review, complete all offers of dedication, secure the required approvals with respect to public and private easements and complete plans and specifications for public improvements including drainage facilities and sewer facilities and all applicable provisions of Chapter 18.220 Improvements. All certificates shall be executed except those to be executed by the City Engineer, City Surveyor, City Clerk and County Recorder. The County Tax Collector/Clerk Certificates may be completed or left blank at the discretion of the subdivider, although failure to have the certificates completed will further delay recordation of the map.
The subdivider shall submit to the Public Works Department for approval, the original mylar and as many prints as may be required, along with any required statements, digital data, and documents.
The Public Works Department, after insuring that all conditions and approvals have been met or secured, shall process the map for adoption by the City Council and recordation with the County Recorder.
For final parcel maps where adoption by the City Council is not required the City Surveyor shall have the map transmitted to the County Recorder for recordation.
2. Final reversion to acreage map. The owner or his representative shall cause all of the required certificates to be executed, except the certificates of the City Clerk, the City Engineer and the County Recorder, and shall file with the Public Works Department the original tracing and as many prints of the final reversion to acreage map as may be required. Following approval of the final reversion to acreage map and execution of the City Clerk's certificate, the City Clerk shall cause the final reversion to acreage map to be filed with the County Recorder. Filing with the County Recorder of the map shall constitute legal reversion to acreage of the land affected, and shall constitute abandonment of any street, alley, pedestrian way, easement or other right-of-way not shown on the map. Following execution of the County Recorder's certificate, the owner or the representative shall file a durable duplicate transparency of the recorded map with the Public Works Department.
B. City Engineer and City Surveyor action. The City Engineer and C ity Surveyor shall, within 20 working days (California Government Code Section 66442) of receipt of the final map and accompanying documents, fees and materials, cause the same to be examined, and if found to be in substantial conformity with the approved tentative map and all amendments, conditions, modifications and provisions made or required by the approving and appeal authority, and if found to be complete, technically correct, in conformity with the improvement plans and specifications, and in compliance with the requirements of this Ttitle, other applicable Codes, Specific Plans, General Plan and planned street lines, shall execute their respective certificate on the map and shall file the final map and accompanying materials with the City Clerk. Should the final map or other accompanying documents, fees or materials be found not to be complete or correct in any respect, the subdivider shall be advised
of the changes or additions that must be made. The City Engineer and City Surveyor shall then, within ten working days of receipt of the corrected final map or accompanying materials, documents or fees, cause the same to be reexamined, and if found to be correct and in compliance with this Ttitle and all other applicable Codes, Specific Plans, General Plan and planned street lines shall execute the City Engineer's certificate on the map, and shall file the final map and accompanying materials with the City Clerk. The date of filing, as set forth in California Government Code Section 66458, shall be the date the final map is filed with the City Clerk.
C. Final approval action.
City Council. At its next regular meeting, (California Government Code Section 66458) after filing the final map and accompanying materials with the City Clerk, the City Council shall consider the final map, and if it is found to comply with all requirements shall approve the final map and instruct the City Clerk to execute the approval certificate. At the time of approval of the final map, the City Council also shall accept, subject to improvement or reject any and all offers of dedication. The time limit for approval of the final map may be extended by mutual consent of the subdivider and the City Council. If the City Council does not approve or disapprove the final map within the prescribed time, or any authorized extension and the final map conforms to all said requirements and rulings, it shall be deemed approved, and the City Clerk shall certify its approval.
City Engineer. City Council approval is not required for final parcel maps without offers of dedication which are approved by the City Engineer. The time limit for approval for these maps may be extended by mutual consent of the subdivider and the City Engineer. If the City Engineer does not approve or disapprove the final parcel map without offers of dedication within the prescribed time, or any authorized extension and the final parcel map conforms to all said requirements and rulings, it shall be deemed approved.
D. Final parcel map filing.
City Clerk. Following approval of the final map and execution of the City Clerk's certificate, the City Clerk shall transmit the final map to the Clerk of the County Board of Supervisors for ultimate transmittal to the County Recorder. The subdivider shall file with the Public Works Department a durable duplicate transparency of the recorded final map.
Public Works Department. Following approval of a final parcel map without offers of dedication the Public Works Department shall cause the map to be transmitted to the County Recorder for recordation. The subdivider shall file with the Public Works Department a durable duplicate transparency of the recorded final map.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
Chapter 18.100 LOT LINE ADJUSTMENTS, CONSOLIDATIONS AND MERGERS/UNMERGERS
18.100.010 Applicability.
18.100.020 Approving and appeal authority.
18.100.030 Lot line adjustment, lot consolidations and lot merger/unmerger.
18.100.040 Finalization of lot line adjustment, consolidation or merger/unmerger.
18.100.050 Appeals.
18.100.060 Expiration of lot line adjustment, consolidation and merger/unmerger.
18.100.070 Time extensions.
18.100.010 Applicability.
The provisions of this Cchapter shall also be applicable to the adjustment of lot lines between existing parcels, the consolidation of any number of existing contiguous parcels into one parcel provided that no new street is created and no existing street or public service easement is extinguished and the merger and unmerger of parcels.
(Ord. 6968 §1, 2007)
18.100.020 Approving and appeal authority.
The approving and appeal authority for lot line adjustments, consolidations and mergers/unmergers shall be as defined in Section 18.050.010 Approving and Appeal Authority and as further designated in Section
18.140.040 Approving and Appeal Authority Table.
(Ord. 6968 §1, 2007)
18.100.030 Lot line adjustment, lot consolidations and lot merger/unmerger.
A. A lot line adjustment is the adjustment of lot lines between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not created, if the lot line adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan and zoning and building ordinances. An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, specific plan (SB 983, 2006) and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements. No tentative map, parcel map or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code (California Government Code § 66412 (d)).
B. Lot consolidation are the consolidation of any number of existing contiguous parcels into one parcel provided that no new street is created and no existing street or public service easement is extinguished.
No tentative map, parcel map or final map shall be required as a condition to the approval of a lot consolidation. The lot consolidation shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code (California Government Code § 66412 (d).
C. A lot merger is the merger of two or more contiguous parcels under one ownership into one or more parcels so as to comply with parcel size and zoning standards. All procedures and processes associated with the merging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act, Government Code § 66410 et seq. of the State of California.
D. A lot deunmerger is the ability to deunmerge lots previously merged. All procedures and processes associated with the deunmerging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act, Government Code § 66410 et seq. of the State of California. (Ord. 6968 §1, 2007)
18.100.040 Finalization of lot line adjustment, consolidation or merger/unmerger.
A. Issuance of Certificate of Compliance. The approval of the lot line adjustment, consolidation or merger/unmerger by the approving or appeal authority shall be evidenced by the issuance of a Certificate of Compliance for Lot Line Adjustment or a Certificate of Compliance of Lot Consolidation or a Certificate of Compliance to Lot Merger/Uunmerger as may be applicable, and recordation of grant deeds reflecting the newly configured parcels. The property description or descriptions on the Certificate shall describe the reconfigured parcel or parcels which will be recognized by the City as legal lots.
B. Recordation of deeds and other documents. Concurrently with the recordation of the Certificate of Compliance for Lot Line Adjustment, Lot Consolidation or Lot Merger/Uunmerger all deeds exchanging property between the affected parcels or consolidating the affected parcels accompanied by reconveyances or partial reconveyances or other releases of deeds of trust or similar encumbrances on the subject property or amended deeds of trust or similar encumbrances describing the reconfigured parcels shall be submitted to the City's Surveyor for review and approval. The applicant shall be notified of any corrections requested by the City, and any corrected or new documents shall be promptly submitted to the City Surveyor.
C. Recordation of Certificate of Compliance for Lot Line Adjustment, Certificate of Compliance for Lot Consolidation or Certificate of Compliance for Lot Merger/Uunmerger. All deeds and other documents approved by the City Surveyor shall be signed by the appropriate parties and notarized in accordance with applicable law. The recordation as hereinabove provided of the Certificate of Compliance for Lot Line Adjustment, a Certificate of Compliance for Lot Consolidation or a Certificate of Compliance for a Lot Merger/Uunmerger, as may be applicable, shall immediately follow the recordation of the required deeds exchanging property between the affected parcels or consolidating the affected parcels and any necessary reconveyances or partial reconveyances or other documents to ensure that any deed of trust or similar encumbrance now describes the reconfigured parcel or parcels.
D. Payment of recording fees. The fees for the recording of all documents as established by the Office of the County Recorder of Riverside County shall be remitted by applicant to County Recorder at the time of recordation of such documents including the Certificate of Compliance for Lot Line Adjustment, Certificate of Compliance for Lot Consolidation or Certificate of Lot Merger/Uunmerger.
E. Failure to submit required deeds and documents within one year or within the time permitted by an approved time extension. In the event the Certificate of Compliance or any deed, reconveyance or other document required for the finalization of the approved lot line adjustment, lot consolidation or lot merger/unmerger is not submitted to the County Recorder for recordation within one year following the effective date of the approval of such by the approving or appeal authority, or within the time permitted by an approved time extension (Section 18.180.050 Map Approval and Permit Extension), the Certificate of Compliance for Lot Line Adjustment, Certificate of Compliance for Lot Consolidation or Certificate of Compliance for a Lot Merger/Uunmerger, as may be applicable, shall be void and of no further force and effect and shall not be recorded. If the applicant still wishes to proceed with the lot line adjustment, consolidation or merger/unmerger, a new application must be submitted in accordance with the provisions of Chapter 18.100 Lot Line Adjustments, Consolidations and Mergers/Uunmergers.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.100.050 Appeals.
If the applicant, a City officer acting in an official capacity, or any other interested person adversely affected by the action taken by the approving or appeal authority with respect to the approval or
disapproval of a lot line adjustment, consolidation or merger/unmerger or the conditions of approval imposed, is aggrieved by the action they can appeal the action in accordance with Chapter 18.170 Appeals.
(Ord. 6968 §1, 2007)
18.100.060 Expiration of lot line adjustment, consolidation and merger/unmerger.
A lot line adjustment, consolidation or merger/unmerger which has not been recorded shall expire within one year of the date of approval or conditional approval of a lot line adjustment, consolidation or merger/unmerger, except for any time extension granted by the approving or appeal authority and shall terminate all proceedings. Before a lot line adjustment, consolidation or merger/unmerger may thereafter be recorded, a new lot line adjustment, consolidation or merger/unmerger shall be processed in accordance with the provisions of this Cchapter.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.100.070 Time extensions.
Extensions of time may be granted in accordance with Section 18.180.050 Map Approval and Permit Extension of this Ttitle.
(Ord. 6968 §1, 2007)
Chapter 18.110 PARCEL MAP WAIVERS
18.110.010 Applicability.
18.110.020 Approving and appeal authority.
18.110.030 Finalization of parcel map waiver.
18.110.040 Appeals.
18.110.050 Expiration of parcel map waiver.
18.110.060 Time extension.
18.110.010 Applicability.
Except where required by the Subdivision Map Act, Government Code § 66410 et seq., a final parcel map may be waived subject to the approval of the City Surveyor.
The subdivider, upon obtaining approval of a tentative parcel map may request the waiving of a final parcel map. The request shall be in writing in a form acceptable to the City of Riverside. The request shall be forwarded to the City Surveyor for review.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.110.020 Approving and appeal authority.
The approving and appeal authority for parcel map waivers shall be as defined in Section 18.050.010 Approving and Appeal Authority and as further designated in Section 18.140.040 Approving and Appeal Authority Table.
(Ord. 6968 §1, 2007)
18.110.030 Finalization of parcel map waiver.
A. A parcel map waiver shall not become operative unless and until a Certificate of Compliance for parcel map waiver signed by the City Surveyor is recorded in the Office of the County Recorder prior to the expiration of the approval.
B. The City Surveyor shall, upon receipt of the required documents, review them for completeness and compliance with the approved tentative. If the City Surveyor determines that any documents need to be revised, the City Surveyor shall notify the person submitting such document. Any necessary changes, modifications or corrections shall be promptly made and resubmitted to the City Surveyor.
C. Upon receipt of all necessary documents as reviewed and approved by the City's Surveyor, the City Surveyor shall prepare the appropriate Certificate of Compliance and submit it to the applicant's title officer for completion of the required statements and certificates.
1. The title officer will return the certificate of compliance to the City Surveyor who shall verify completeness of the certificates and transmit the document to the City Surveyor who shall sign the Certificate of Compliance for parcel map waiver.
The Certificate of Compliance for parcel map waiver shall be returned to the City Surveyor who shall transmit the documents to the applicant's title officer for recordation in the Office of the County Recorder for Riverside County, California together with any other required documents. (Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.110.040 Appeals.
If the subdivider, a City officer acting in an official capacity, or any other interested person adversely affected by the action taken by the approving authority with respect to the approval or disapproval of a parcel map waiver or the conditions of approval imposed, is aggrieved by the action they can appeal the action in accordance with Chapter 18.170 Appeals.
(Ord. 6968 §1, 2007)
18.110.050 Expiration of parcel map waiver.
A parcel map waiver which has not been recorded shall expire within one year of the date of approval or conditional approval of a parcel map waiver, except for any time extension granted by the approving authority, and shall terminate all proceedings. Before a parcel map waiver may thereafter be recorded, a new parcel map waiver shall be processed in accordance with the provisions of this Cchapter. (Ord. 6968 §1, 2007)
18.110.060 Time extension.
Extensions of time may be granted in accordance with Section 18.180.030 Permit Time Limits of this Ttitle.
(Ord. 6968 §1, 2007)
Chapter 18.120 CERTIFICATES OF COMPLIANCE
18.120.010 Applicability.
18.120.020 Determination of compliance by the City Surveyor.
18.120.030 Certificate of Compliance.
18.120.040 Conditional Certificate of Compliance.
18.120.050 Required information on certificates.
18.120.060 Right of development.
18.120.070 Appeals.
18.120.010 Applicability.
Any interested person may request, and the City shall determine, whether a real property complies with the provisions of the Subdivision Map Act, Government Code § 66410 et seq., and this Ttitle. If the City determines that the real property complies, the City shall cause a certificate of compliance to be filed for record with the Recorder of the County of Riverside. The certificate of compliance shall identify the real property and shall state that the division of the real property complies with applicable provisions of the Subdivision Map Act, Government Code § 66410 et seq., and this Ttitle. Certificates issued by the City through the Approving or Appeal Authority shall include the following:
A. Certificate of Compliance. A Certificate of Compliance is issued when the real property is in compliance with the Subdivision Map Act, Government Code § 66410 et seq., and this Ttitle.
B. Conditional Certificate of Compliance. A Conditional Certificate of Compliance is issued when it is determined that the subject property was divided in violation of the Subdivision Map Act Government Code § 66410 et seq., or this Ttitle, and conditions are imposed.
C. Certificate of Compliance for Lot Line Adjustment, Consolidation or Merger/Uunmerger. A Certificate of Compliance for Lot Line Adjustment, Consolidation or Merger/Uunmerger is issued when a lot line adjustment is approved pursuant to the provisions of Chapter 18.100 Lot Line Adjustments, Consolidations and Mergers/Uunmergers.
D. Certificate of Compliance for Parcel Map Waiver. A Certificate of Compliance for Parcel Map Waiver is issued when the filing of a parcel map is waived pursuant to the provisions of Chapter
18.110 Parcel Map Waivers.
(Ord. 6968 §1, 2007)
18.120.020 Determination of compliance by the City Surveyor.
At the request of an interested party, the City Surveyor will determine whether or not that the real property is in compliance with the provisions of the Subdivision Map Act Government Code § 66410 et seq., and this Ttitle which were applicable at the time the property was divided. The applicant shall be notified in writing of such determination.
(Ord. 6968 §1, 2007)
18.120.030 Certificate of Compliance.
A. Application for Certificate of Compliance. If the City Surveyor determines that the real property is in compliance with the provisions of the Subdivision Map Act, Government Code § 66410 et seq., and this Ttitle which were applicable at the time the property was divided, the applicant may file an application for a Certificate of Compliance, together with the required processing fee as prescribed by the City's Fee Resolution. If the application for a Certificate of Compliance is filed within one year or less following the Determination of Compliance by the City Surveyor, the application need only be accompanied by any current vesting deed(s) not submitted with the Application for Determination. If the application for a Certificate of Compliance is filed over one year following the Determination of Compliance, the application for a Certificate of Compliance shall be accompanied by the current
vesting deed(s) and such other information as may be required to ascertain the status of each parcel included in the application, as well as a map drawn to an engineer's scale of the subject property with dimensions showing the location and use of all structures on the property and all streets adjacent to and providing access to the property. The application shall not be considered as complete until all the application documents, including the vesting deed(s) and map have been received together with the processing fee.
B. Preparation of Certificate of Compliance. The application and any accompanying materials shall be forwarded by the Planning Division to the City Surveyor for preparation of the Certificate of Compliance within five working days of receipt of a completed application. The City Surveyor shall within five working days of referral prepare the Certificate of Compliance, unless the City Surveyor finds and determines that changed circumstances prevent the issuance of the Certificate of Compliance, in which event, the City Surveyor shall issue a notice of determination in accordance with the provisions of Section 18.120.020 Determination of Compliance by the City Surveyor. The Certificate of Compliance shall contain the information as set forth in Section 18.120.050 Required Information on Certificates.
C. Issuance. Upon receipt of the Certificate of Compliance from the City Surveyor, the approving or appeal authority shall issue the Certificate of Compliance. The approving or appeal authority shall then cause the applicant to be notified of the estimated recording fees for recording the Certificate of Compliance.
D. Payment of recording fee; recordation. Upon issuance of the Certificate of Compliance and payment to the City of the estimated recording fees by the applicant, the approving or appeal authority shall then cause the Certificate of Compliance to be recorded in the Office of the County Recorder of Riverside County. Such remittance of the estimated recording fees shall be by check made payable to the County Recorder, County of Riverside, in the amount required to have the document recorded. (Ord. 6968 §1, 2007)
18.120.040 Conditional Certificate of Compliance.
A. Application for Conditional Certificate of Compliance. If the City Surveyor determines that the real property was divided in violation of the provisions of the Subdivision Map Act, Government Code § 66410 et seq., or this Ttitle which were applicable at the time the property was divided, the applicant shall within 30 days of such determination file an application for a Conditional Certificate of Compliance, together with the required processing fee as prescribed by the City's Fee Resolution.
Failure to file an application in 30 days will result in enforcement as prescribed under Chapter 18.070 Enforcement. The application for a Certificate of Conditional Compliance need only be accompanied by any current vesting deed(s) not submitted with the application for determination; provided, however, if the application for a Conditional Certificate of Compliance is filed over one year from the date of the notice of the determination by the City Surveyor of noncompliance, the application for a Conditional Certificate of Compliance shall be accompanied by the current vesting deed(s) and such other information as may be required to ascertain the status of each parcel included in the application, as well as a map drawn to an engineer's scale of the subject property with dimensions showing the location and use of all structures on the property and all streets adjacent to and providing access to the property. The application shall not be considered as complete until all the application documents including the vesting deed(s) and map have been received together with the processing fee.
B. City Surveyor's decision. If the City Surveyor has determined that the real property was divided in violation of the Subdivision Map Act Government Code § 66410 et seq., or this Ttitle, the City Surveyor may either administratively issue a Conditional Certificate of Compliance, thereby approving the Conditional Certificate of Compliance or refer the matter to the Planning Commission as hereinafter provided. Such decision shall be made within 20 working days after receipt of the
completed application and written notice shall be given to the applicant. The decision to refer the matter to the Planning Commission is not appealable.
Written notice of the City Surveyor's decision to approve the Conditional Certificate of Compliance, including conditions imposed, shall be forwarded to the applicant. The City Surveyor's decision to issue a Conditional Certificate of Compliance, shall be final and effective ten days following the notice of decision, unless the applicant or other interested party files an appeal in accordance with Chapter 18.170 Appeals.
C. Conditions. The City Surveyor may impose such conditions on the issuance of the Conditional Certificate of Compliance as would have been applicable to the division of the property at the time that the current owner of record acquired the property; except that where the applicant was the owner of record at the time of the initial violation, who by a grant of the real property created a parcel or parcels in violation of the Subdivision Map Act, Government Code § 66410 et seq., or this Ttitle, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation, then the City Surveyor may impose such conditions as would be applicable to a current division of the property, including the requirement of filing a parcel map or tract map.
The conditions may be fulfilled and implemented by the owner or vendee who applied for the Conditional Certificate of Compliance or any subsequent owner. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the City, unless the property is thereafter included as a part of a legal division of said real property pursuant to the provisions of this Ttitle.
D. Preparation of Conditional Certificate of Compliance. At such time as the decision of the City Surveyor or the Planning Commission acting in its capacity as City Surveyor, or, in the case of an appeal, the decision of the City Council to issue a Conditional Certificate of Compliance is final, the application and any conditions imposed shall be forwarded by the Planning Division to the City Surveyor for preparation of the Conditional Certificate of Compliance within five days of the decision becoming final. The City Surveyor shall within five working days of referral prepare the Conditional Certificate of Compliance. The Conditional Certificate of Compliance shall contain the information as set forth in Section 18.120.050 Required Information on Certificates.
E. Issuance. The City Surveyor, shall issue the Conditional Certificate of Compliance and shall then cause the applicant to be notified of the estimated recording fees for recording the Conditional Certificate of Compliance.
F. Payment of recording fee; recordation. Upon remittance to the City of the estimated recording fees by the applicant, the City Surveyor shall then cause the Conditional Certificate of Compliance to be recorded in the Office of the County Recorder of Riverside County. Such remittance shall be by check made payable to the County Recorder, County of Riverside, in the amount required to have the document recorded.
G. Completion of conditions. Upon completion of the conditions imposed by a Conditional Certificate of Completion, the owner shall notify the City Surveyor. If the conditions are satisfactorily completed, the City Surveyor shall then issue and record a final Certificate of Compliance upon the payment by the applicant of any fee as may be established by the City's Fee Resolution, together with the estimated recording costs.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.120.050 Required information on certificates.
Each Certificate of Compliance or Conditional Certificate of Compliance shall include the following information:
A. Name or names of owners of record;
B. Assessor parcel number or numbers of the parcel;
C. The number of parcels for which the Certificate of Compliance or Conditional Certificate of Compliance is being issued;
D. The legal description of the parcel or parcels for which the Certificate of Compliance or Conditional Certificate of Compliance is being issued and recorded; E. A Notice stating as follows:
"This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act, Government Code § 66410 et seq., and any local Codes enacted pursuant thereto including Title 18 oOf thisthe Riverside Municipal Code. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act, Government Code § 66410 et seq., or any local Code enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval."; and
F. Any conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval for development of the property.
(Ord. 6968 §1, 2007)
18.120.060 Right of development.
The issuance of a Certificate of Compliance or a Conditional Certificate of Compliance does not imply or grant the right of development of the said property.
(Ord. 6968 §1, 2007)
18.120.070 Appeals.
If the subdivider, a City officer acting in an official capacity, or any other interested person adversely affected by the action taken by the Approving Authority with respect to the approval or disapproval of a Certificate of Compliance or the conditions of approval imposed, is aggrieved by the action, they can appeal the action in accordance with Chapter 18.170 Appeals. (Ord. 6968 §1, 2007)
ARTICLE IV. REQUIREMENTS FOR FILING AND APPROVAL PROCESS Chapter 18.130 - GENERAL PERMIT PROVISIONS
Chapter 18.140 - APPROVING AND APPEAL AUTHORITY
Chapter 18.150 - GENERAL APPLICATION PROCESSING PROCEDURES Chapter 18.160 - NOTICES AND HEARINGS
Chapter 18.170 - APPEALS
Chapter 18.180 - EFFECTIVE DATE OF MAP OR PERMIT APPROVAL, TIME LIMITS AND TIME
EXTENSIONS
Chapter 18.130 GENERAL PERMIT PROVISIONS
18.130.010 Purpose and intent.
18.130.020 Maps, permits and actions covered by this Ttitle.
18.130.030 Burden of proof and precedence.
18.130.010 Purpose and intent.
This article establishes the overall structure for the application, review and action on discretionary permits. Further, it identifies and describes the permits regulated by this Ttitle and requires compliance with all applicable laws and regulations.
(Ord. 6968 § 1, 2007)
18.130.020 Maps, permits and actions covered by this Ttitle.10 A. Definition. Discretionary permits or actions apply to projects which require the exercise of judgment or deliberation when the approving or appeal authority decides to approve or disapprove a particular map, permit or action, as distinguished from situations where a City Department, Planning Commission or City Council merely has to determine whether there has been conformity with applicable statutes, Codes or regulations.
B. Ministerial parcel map for urban lot split. A parcel map for an urban lot split, as defined in Section
18.260.220 of this Title and pursuant to § 66411.7 64411.7 of the California Government Code, shall be reviewed and ministerially approved by the City Surveyor or his or her designee according to the procedures set forth in Chapter 18.150 (General Application Processing Procedures). The approval of a parcel map for an urban lot split shall not be considered a discretionary action and shall not be appealable.
C. Discretionary administrative maps, permits and actions not requiring a public hearing. The Community & Economic Development Director, acting as the advisory agency, has primary administrative approving authority over maps, permits and actions which require the determination of compliance with applicable subdivision provisions and the application of judgment to a given set of facts. No public hearing is required for administrative maps, permits and actions unless the decision is appealed in accordance with provisions of Chapter 18.170 Appeals. Table 18.140.040 Approving and Appeal Authority describes the various administrative permits which can be approved by the Community & Economic Development Director.
D. Discretionary maps, permits and actions requiring a public hearing. Except when combined with legislative actions (see Section 18.140.030 Concurrent Processing of Permits), the Planning Commission is the designated approving authority for discretionary maps, permits and actions. The table in Section 18.140.040 describes the various discretionary maps, permits and actions which can be approved by the Planning Commission.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 5, 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 48, 2019; Ord. 6968 § 1, 2007)
18.130.030 Burden of proof and precedence.
A. Burden of proof. The burden of proof to establish the evidence in support of the required finding(s) for any map, permit or action in accordance with this article is the responsibility of the applicant. 10 Sec. 18.130.020. Maps, permits and actions covered by this title. In subsection B, there is no Government Code § 64411.70. See suggested correction. (FOOTNOTE 320 IN EXHIBIT 2)
B. Precedence. Each map, permit or action shall be evaluated on a case-specific basis. Therefore, granting of a prior map, permit or action does not create a precedent and is not justification for the granting of a new map, permit or action.
(Ord. 6968 § 1, 2007)
Chapter 18.140 APPROVING AND APPEAL AUTHORITY
18.140.010 Purpose.
18.140.020 Designated approving and appeal authority.
18.140.030 Concurrent processing of permits.
18.140.040 Approving and appeal authority table.
18.140.010 Purpose.
This Cchapter identifies the designated approving authority for the review of maps, permits and actions required by this Ttitle.
(Ord. 6968 § 1, 2007)
18.140.020 Designated approving and appeal authority.
A. General provisions. The approving and appeal authority, as designated in Table 18.140.040, shall approve (in full or in part), conditionally approve (in full or in part), modify, or deny (in full or in part) applications in accordance with the requirements of this Ttitle. Table 18.140.040 identifies both final (F) and appeal (A) authorities for each application. When a proposed project requires more than one permit, the permits shall be processed pursuant to Section 18.140.030 Concurrent Processing of Permits of this Ttitle.
B. Findings required. In acting on an application, the approving or appeal authority shall make the applicable findings required for a particular map, permit or action and as may be required by other laws and regulations.
C. Appeals. An action of the approving authority may be appealed pursuant to procedures set forth in Chapter 18.170 Appeals.
(Ord. 6968 § 1, 2007)
18.140.030 Concurrent processing of permits.
When a proposed map, permit or action requires more than one application with more than one approving or appeal authority, all applications shall be processed concurrently as interrelated permits for a project and shall not be bifurcated. The highest designated approving or appeal authority for all such requested applications shall take final action on multiple permits. For example, the Planning Commission takes final action on a tentative tract map. However, when processed in conjunction with a General Plan amendment, for example, the tentative tract map shall be reviewed and acted upon by the City Council in conjunction with the other application request(s). The Planning Commission provides recommendations to the City Council on both entitlement requests.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.140.040 Approving and appeal authority table.
Type of Map, Permit
or Action
City
Surveyor
Community & Economic
Development Director or
City Surveyor(6)
City Planning
Commission
(CPC)
City
Council
(CC)(1), (2)
Administrative
Certificate of
Compliance F AR A/F
Final Condominium
Map F (3)
Final Environmental
Subdivision Map F (3)
Final Parcel Map F (3)
Final Reversion to
Acreage Map F (3)
Final Tract Map F (3)
Final Vesting Map F (3)
Lot Line Adjustments F AR A/F
Lot Consolidations F AR A/F
Lot Mergers/Unmergers F AR A/F
Modifications F AR A/F (4)
Notice of Violation F AR A/F
Parcel Map Waivers F AR A/F
Tentative Parcel Map F AR A/F (5)
Time Extensions F AR A/F
Urban Lot Split F (7)
Public Hearing
Tentative Condominium
Map F A/F
Tentative Environmental
Subdivision F A/F
Tentative Reversion to
Acreage Map F A/F
Tentative Tract Map F A/F (5)
Tentative Vesting Map R A/F
R = Recommending Authority; F = Final Action Authority (unless appealable or referred); A = Appeal Authority; AR = Approving Authority as Community & Economic Development Director on Referral
(1) Decisions of the City Council are final and cannot be appealed. (2) An item pulled from the City Council Consent Calendar which was originally heard at a public hearing, will need to be re-advertised for such hearing prior to being heard. (3) The Public Works Department submits all Tract Maps and those Parcel Maps that require offers of dedications to the City Council for adoption. After adoption they are transmitted to the County Recorder for recordation. Parcel Maps not requiring offers of dedication are approved by the Public Works Department and submitted to the County Recorder for recordation. (4) See Title 19 (Zoning Code) of this the Riverside Municipal Code, Section 19.650.020.C.2 - Designated Approving Authority
(5) Tentative RC Zone Maps require City Council approval on its consent calendar. (6) As set forth in this Ttitle, either the Community & Economic Development Director or the City Surveyor shall be the approving authority for the action listed. (7) Urban Lot Splits are subject only to ministerial approval and cannot be appealed.
Note: The Community & Economic Development Director or City Surveyor may refer the action to the next higher Approving Authority in the hierarchy of decision-making. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 6, 2022; Ord. <ulink class="ordbank" print="yes" url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 49(Exh. A), 2019; Ord. 7341 § 7, 2016; Ord. 7091 § 4, 2010; Ord. 6968 § 1, 2007)
Chapter 18.150 GENERAL APPLICATION PROCESSING PROCEDURES
18.150.010 Purpose.
18.150.015 Initiation of applications.
18.150.020 Application submittal.
18.150.030 Eligible applicants.
18.150.040 Initial application completeness review.
18.150.050 Submittal requirements.
18.150.060 Water discharge, adequate water supply requirements and storm water run-off.
18.150.070 Processing application.
18.150.080 Subdivision Committee.
18.150.090 Environmental review.
18.150.100 Community & Economic Development Director review.
18.150.110 Planning Commission review.
18.150.120 Acceptance of dedications or offers of dedication.
18.150.130 Notice of decision.
18.150.140 Application denial—Reapplication.
18.150.150 Withdrawal of application.
18.150.010 Purpose.
This Cchapter establishes standard procedures for maps, permits and actions, both administrative and those requiring a public hearing.
(Ord. 6968 §1, 2007)
18.150.015 Initiation of applications.
For all case types the City Manager, or his/her designee, is authorized to initiate subdivision applications, notwithstanding any other section of this Ttitle, for any project authorized under this Ttitle. (Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.020 Application submittal.
All applications for maps and permits pertaining to this Ttitle shall be submitted to the Planning Division on a City application form, together with all fees, plans, maps and any other information required by the Planning Division.
(Ord. 6968 § 1, 2007)
18.150.030 Eligible applicants.
A. The owner(s) of the property, the authorized agent(s), a plaintiff in an action of eminent domain, or the City Manager, or his/her designee shall make the application. Any authorized agent shall be formally delegated as such in writing by the property owner. The application shall contain adequate evidence of title to the real property within the subdivision and sufficient data to enable the City Council to make all of the determinations and findings required by this Ttitle.
B. Proceedings for reversion to acreage may be initiated by the City Council on its own motion or by application of all of the owners of record of the real property within the subdivision. The application shall contain adequate evidence of title to the real property within the subdivision and sufficient data to enable the City Council to make all of the determinations and findings required by this Ttitle (California Government Code 66499.12).
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.040 Initial application completeness review.11
All applications filed with the Planning Division in compliance with this Ttitle shall be initially reviewed for application completeness as follows:
A. Within 30 days of application submittal, the Community & Economic Development Director or the designee shall determine whether or not the application is complete. The applicant shall be 11 Sec. 18.150.040 Initial application completeness review. Note that Government Code § 65943 is currently proposed for repeal (Regular Session, June 26, 2025). Also, the act citation is corrected as shown. (FOOTNOTE 321 IN EXHIBIT 2)
notified in writing if specific information and/or materials are still necessary to complete the application.
The applicant may appeal the determination in accordance with Chapter 18.170 Appeals and the Permit Streamlining Act (California Government Code Section 65943, part of the Permit Streamlining Act, Government Code § 65920 et seq.
B. In the event an application is deemed incomplete and the applicant resubmits the application, within 30 days of application resubmittal the Community & Economic Development Director shall determine whether or not the resubmitted application is complete. The applicant shall be notified in writing of the determination if specific information and or materials are still necessary to complete the application.
C. The City, at its discretion, may deem void any application that remains incomplete 180 days from the date of the original submittal. The City shall notify the applicant of its intention to void the stagnant application at least 30 days prior to withdrawal. Upon withdrawal, the applicant's fee may or may not be partially refunded.
D. Any resubmittal of a voided application shall require submittal of a new application, along with the appropriate fees; a new case number will be assigned.
E. Nothing in this Cchapter precludes the applicant and the City from mutually agreeing to an extension of any time limit provided by this Cchapter (Government Code Section 65943). (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 50, 2019; Ord. 6968 §1, 2007)
18.150.050 Submittal requirements.
A. General requirements.
1. Every application for a map or permit pursuant to this Ttitle shall include a completed application form designated for the particular request, the owner and applicant signature(s), the agent authorization as appropriate and processing fee(s) established by City Fee Resolution.
2. Applications will not be accepted by the Planning Division without required signed application forms and permit fees as established by City Fee Resolution.
B. Additional requirements for tentative tract, parcel, vesting, reversion to acreage, condominium and environmental subdivision maps.
1. Tentative tract, parcel, vesting, reversion to acreage, condominium and environmental subdivision maps.
a. The tentative map shall be clearly and legibly drawn by or under the direction of a registered civil engineer or licensed land surveyor. The scale of the map shall be at least one inch equal to 100 feet. If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. The minimum size of each sheet should be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. b. The tentative map shall contain the following information:
(1) The map number assigned by the Riverside County surveyor; (2) Names and addresses of the record owner and subdivider of the land;
(3) Name, signature and address of the person, firm or organization that prepared the map and the applicable registration and/or license number;
(4) Date of preparation, north point and scale of the map; if based on a survey, the date of the survey;
(5) Boundaries of the subdivision with suitable ties to readily locate the property; (6) Riverside County Assessor's parcel number(s) of the property included within the map; (7) The locations, names and widths of adjacent streets, alleys, and pedestrian ways; (8) Numbers of adjacent subdivisions, buildings and property lines sufficient to show their relationship to the proposed subdivision;
(9) All properties that are "Not A Part" of the map and/or are designated remainders shall be clearly delineated;
(10) Contour lines at five-foot intervals or less where the slope of the land is one percent or more, and contour lines at two-foot intervals or less where the slope of the land is less than one percent. Topographic information shall be sufficient fully to show the configuration of the land and any and all depressions that present drainage problems, and shall extend beyond the tract boundaries where necessary to show essential conditions;
(11) A preliminary 100-scale grading plan (40-scale grading plans are required for maps in the RC - Residential Conservation Zones) shall be submitted with the map which includes how the grading relates to existing contours on adjoining property, location of trees, rock outcroppings, arroyos, blue line streams, and other significant natural features;
(12) The outlines of groves of trees and orchards, the approximate location of other trees with a trunk diameter of six inches or more, and an indication of all trees that are to remain on the lots;
(13) Location, width and direction of flow of all watercourses and the outline of any area subject to flooding or storm water overflow;
(14) Location of all railroads, buildings and other structures, structures for demolition, and all natural obstacles, and an indication of any physical restrictions or conditions in the subdivision which affect the use of the property; distances between all buildings to remain and property lines shall be shown;
(15) Locations, widths and purposes of all existing and proposed easements for utilities, drainage and other public purposes, shown by dashed lines; (16) Locations of existing utilities in and adjacent to the tract; size and invert elevation of sanitary and storm sewers; size of water mains; if sewers and water mains are not in or adjacent to the tract, the direction and distance to the nearest sewer and water main with invert elevation of sewer and size of main;
(17) Locations, widths and grades of all public streets, private streets, alleys, pedestrian ways and other rights-of-way, and proposed street names; the radius of each curve; any planned line for street widening or for any other public project in or adjacent to the tract; (18) Lines and approximate dimensions of all lots and the number assigned to each lot; the total number of lots, the approximate area of each lot and the total area of the map;
(19) Boundaries of existing and proposed public areas in or adjacent to the tract, with the nature of each indicated by label; the area of each parcel proposed for public use to the nearest one-tenth acre, including any areas proposed to be dedicated as parkland per the requirements of Government Code Section 66477 et seq. (Quimby Act); (20) Proposals for handling storm water and drainage;
(21) Areas designated for preservation or protection from development due to their status as sensitive or protected biological habitat, archaeological resource areas, significant geological formations, or other environmentally important or legally designated lands, as so identified by local Code and/or applicable county, state, or federal regulations; and
(22) The following drawings and statements shall be filed on or along with the tentative map:
i. A vicinity map showing the location of the proposed subdivision; ii. A statement of the total area of the tentative map; iii. For mixed use developments, a statement of the total area of the land used for each type of use;
iv. A statement of the proposals for sewage disposal, water supply, electric service, gas service, telephone service, television reception and for other utilities; v. Any application and the drawings and documents required to be filed therewith for any modification that may be proposed in accordance with Chapter 18.230 Modifications; and
vi. Any application and the drawings and documents required to be filed therewith for hillside grading pursuant to Title 17.
vii. Cross sections at the perimeter, location and design of required trails, Water Quality Management Plan and location of any needed detention basins, and other information as requested by Planning Division Staff on a case by case basis. (23) FEMA Flood Zone Designation.
(24) Size, type and location of proposed water quality best management practices.
2. Tentative vesting map.
a. A tentative vesting 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 for a tentative map and shall have printed conspicuously on its face the words "Tentative Vesting Map."
b. At the time a tentative vesting map is filed, a subdivider shall also supply the following information unless an item(s) is determined by the Community & Economic Development Director not to be necessary:
(1) Height, size, and location of buildings;
(2) Sewer, water, storm drain, and road details;
(3) Information on the uses to which the buildings will be put; (4) Detailed grading plans pursuant to Title 17;
(5) An engineer's drainage study approved by the City Public Works Department;
(6) Building, landscaping, irrigation and sign plans when required for the project by Title 19 of this the Riverside Municipal Code or application for development plan or plot plan approval when required by Title 19 of this the Riverside Municipal Code; (7) A traffic study approved by the City Public Works Department and Planning Division, unless waived;
(8) A geologic study approved by the City Engineer for properties identified as being subject to liquefaction;
(9) An acoustical study approved by the Building Official for properties requiring such studies by Title 16 of this the Riverside Municipal Code; (10) An application for rezoning the property if the proposed use or density is not permitted in the current zone; and
(11) A detailed parking analysis (not required for maps creating single family residential lots only).
3. Lot line adjustments, lot consolidation and lot merger/unmergers. The application shall be accompanied by a site plan indicating the current ownership, property lines, existing structures, any encumbrances and such other data and information as may be prescribed by the Planning Division. Any application for property in the Residential Conservation (RC) Zone shall be accompanied by a topographical map, a proposed grading plan and a proposed development plan unless waived by the Community & Economic Development Director.
4. Parcel map waiver. Any person wishing to waive the requirement for the preparation and recordation of a parcel map and who has a recorded a Certificate of Compliance for parcel map waiver shall first submit to the City Surveyor the following:
a. An approved tentative map meeting the requirements of this Ttitle for a tentative map and conforming to the approved configuration and revisions as stipulated by the approving or appeal authority;
b. Names and addresses of fee owner and the subdivider if different from the owner; c. Riverside County Assessor's parcel number(s);
d. A preliminary title report or a similar report indicating the encumbrances, if any, on the property;
e. The application shall be accompanied by a processing fee as established by the City's Fee Resolution;
f. A legal description and plat signed by a licensed land surveyor or civil engineer authorized to practice land surveying clearly describing the new parcels as shown on the approved tentative map;
g. An unsigned, acknowledge statement in a format acceptable to the City Surveyor satisfying all of the requirements of Section 66436 of the California Government Code; h. An unsigned certificate or statement in a format acceptable to the City Surveyor satisfying the requirements of Section 66492 of the California Government Code; and i. An unsigned certificate or statement and security in a format acceptable to the City Surveyor satisfying the requirements of Section 66493 of the California Government Code if any part of the subject property is subject to a lien of taxes or special assessments collected as taxes which are not yet payable and any lot lien created by the subdivision would bisect any existing assessor's parcel.
5. Determination of compliance. Applications for a determination of compliance can be filed and shall be signed by any person owning real property or a vendee of that person pursuant to a contract of sale of the real property, or at the request of an interested party, see Section 18.120.020 Determination of the City Surveyor.
C. Final tract, parcel, vesting, reversion to acreage, condominium and environmental subdivision maps.
1. General requirements. The final map shall:
a. Be prepared by or under the direction of a registered civil engineer authorized to practice land surveying or licensed land surveyor and shall conform to all of the following provisions and those set forth in Government Code 66434;
b. Conform substantially with the tentative map approved by the approving appeal authority, including all amendments, conditions, modifications and provisions made or required by the approving or appeal authority, or as modified on appeal, and shall comply with this Ttitle, all other applicable Codes, Specific Plans, General Plan and planned street lines that are in effect as of the filing date;
c. Be based upon a survey, except for a final parcel map; d. Be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on white tinted mylar, 3 mil or 4 mil thick. Lines, fonts, characters and duplication shall comply with all standards of the County of Riverside Assessor, Clerk and Recorder in effect at the time of recordation;
e. Have the size, content and format of each sheet in compliance with all standards of the Subdivision Map Act, Government Code § 66410 et seq., and City Ordinance. Each sheet shall show the map number, shall contain a north point, shall contain complete engineer's notes and shall show the scale of the map;
f. Have a title sheet provided which shall indicate the map number and such other descriptive information as may be necessary. For a final parcel map a title containing the words "PARCEL MAP" and such other descriptive information as may be necessary, including the map number. Below the title shall be a subtitle consisting of a general description of the property being subdivided by reference to recorded maps, or by reference to the plat of a United States survey. References to tracts and subdivisions in the description shall be worded identically with original records, and references to book and page of record shall be complete. The words "City of Riverside" if the map is entirely within the City, or the words "Partly in the City of Riverside and partly in unincorporated territory of Riverside County" if the map is partly in unincorporated territory shall be included on the title page. The title page also shall contain all of the required certificates, acknowledgments, endorsements, acceptances, dedications and notarial seals. Where the size of a subdivision permits, in lieu of a title sheet, the information prescribed above may be shown on the same sheet as the final map;
g. Include the north point with basis of bearing, scale and date of map; h. Include the boundaries of the subdivision, indicated by distinctive symbols approved by the Public Works Department and clearly so designated. Such border shall not obliterate any figures or other data. All lines shown on the map which do not constitute a part of the subdivision shall be clearly distinguishable from those lines which are a part of the subdivision and any area enclosed by such lines shall be labeled "Not a part of this subdivision." The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys;
i. Contain survey data, including:
(1) Monuments, stakes, or other evidences set or found on the ground to determine the boundaries of the tract;
(2) Corners of all adjoining properties identified by lot and block number, tract name, or place of record, or by section, township and range, or other proper designation; (3) All information and data necessary to locate and retrace any and all exterior boundary lines, lot, or block lines, including basis of bearings; (4) Bearings and distances of straight lines;
(5) The radius, central angle and length of each curve and such additional information as may be necessary to determine the location of the centers of curves; (6) The centerlines of all streets in and adjoining the subdivision, indicating all permanent monuments found or placed and making reference to a map or field book wherever the Public Works Department has established such centerline. If any points were reset by ties, the source and detail of relocation data used shall be stated; j. Show all lots or parcels intended for sale or reserved for private purposes, all parcels offered for dedication to the City or any other public agency for any purpose and designated remainders with all dimensions, boundaries and courses clearly shown and defined in each case;
k. Be numbered consecutively without block identification. Parcels offered for dedication or to be used as streets, alleys, pedestrian ways and nonaccess barrier strips shall be identified by letters;
l. Show the location and width of all streets, alleys, pedestrian ways and other rights-of-way and the portions thereof offered for dedication; the names of streets; and the widths of existing dedications, if any, in the subdivision;
m. Show the lines of all easements to which the lots are subject. Each easement shall be clearly identified as to nature and purpose; and if already recorded, its recorded reference shall be given. If any easement is not definitely located and of record, a statement of such easement shall appear on the title sheet. Easements shall be denoted by fine dashed lines. Distances and bearings on the side lines of lots which are cut by easements shall be shown so that the map will clearly indicate the actual lengths of the lot lines. The width of the easements and the lengths and bearings of the lines thereof, and sufficient ties thereto to definitely locate the easements with respect to the subdivision shall be shown; n. Show the locations and widths of nonaccess barrier strips; o. Show all limitations on rights of access to and from streets and lots and other parcels of land; p. Show the lines of any stream, channel or body of water in or adjacent to the subdivision, and the outlines of any area subject to flooding or storm water overflow; q. Show the location, width and name of any street and the location and width of any alley, railroad right-of-way or other right-of-way adjacent to the subdivision; r. Show any City boundary crossing or adjoining the subdivision; s. Note when a soils report has been prepared in accordance with Section 18.090.050, together with the date of the report and the name of the engineer making the report; and t. Show any open space easement areas.
2. Final parcel map. For a final parcel map the following shall also be included:
a. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey, but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more; b. All parcels, excluding remainder parcels, shall be numbered or otherwise designated with all dimensions, boundaries, and courses clearly shown and defined in each case; c. The location and width of streets, alleys, pedestrian ways and other easements and the portions thereof dedicated or offered for dedication to the City, including their recording references; and the names of streets;
d. The lines of easements to which the lots are subject, shown in fine, dashed lines, and the lines, bearings, and dimensions of easements deeded to the City; and e. Limitations on rights of access to and from streets.
3. Final reversion to acreage map. For a reversion to acreage map each lot or parcel and the number thereof being eliminated shall be shown in fine, dashed lines.
D. Lot line adjustments, consolidations and merger/unmergers. Upon receipt of conditional approval the applicant shall submit the required property descriptions and documentation to the City's Surveyor for review and comment. The applicant shall promptly submit to the Surveyor any additional information or corrected documents as deemed necessary upon written request from the Surveyor.
The applicant shall also take all necessary steps to insure that all conditions imposed by the approving or appeal authority are completed to the satisfaction of the affected department. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 51, 2019; Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.060 Water discharge, adequate water supply requirements and storm water run-off.
A. Waste discharge. The Planning Commission or Community & Economic Development Director shall also determine whether the discharge of waste from the proposed subdivision or permit into the existing community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board Santa Ana Region pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event the Planning Commission finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative maps of the subdivision.
B. Water supply. In addition to the required drawings and statements above, proposed residential subdivisions with 500 or more dwelling units shall include with the tentative map application written verification from the applicable public water system that is proposed to serve the subdivision that a sufficient water supply is available to serve the development pursuant to State Law.
C. Storm water run-off. In addition to the required drawings and statements above, all applications requiring discretionary approval shall have submitted with the application a project-specific Water Quality Management Plan (WQMP) pursuant to the requirements of the Municipal Separate Sewer (MS4) Permit.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 52, 2019; Ord. 6968 §1, 2007)
18.150.070 Processing application.
A. Filing of tentative maps. An application shall be filed with the City Planning Division.
The City Planning Division shall prepare a written report on a tentative map to the approving authority and the approving authority shall take action within 50 days after the City's acceptance of the filing of a completed application for the map with the City.
Any report or recommendation on a tentative map by the approving authority shall be in writing and a copy served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, at least three days prior to any hearing or action on such map by such Approving Authority.
Pursuant to Section 66451.2, fees may be collected from the subdivider for expenses incurred under this Ssection.
5. Indemnification.
a. With the submittal of any application, the owner and/or applicant agrees that upon approval of its application the owner and/or applicant shall defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and employees from any claim, action or proceeding against the City of Riverside, its agents, officers or employees, that attacks, set asides, voids, or annuls, any approval by the City concerning:
i. Any such approval of the City: and/or
ii. An action taken to provide environmental clearance under the California Environmental Quality Act (CEQA) by its advisory agencies, appeal boards or City Council. b. The owner and/or applicant shall execute an indemnification agreement in a form acceptable to the City Attorney.
c. In the event any claim, action or proceeding is brought, the City shall promptly notify the owner and/or applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this Ssection shall prohibit the City from participating in the defense of any proceeding.
d. In the event that the applicant is required to defend the City in connection with any proceeding described in this Ssection, the City shall retain the right to approve:
i. The counsel to so defend the City;
ii. All significant decisions concerning the manner in which defense is conducted; and iii. Any and all settlements, which approval shall not be unreasonably withheld. e. The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City.
B. Filing of lot line adjustments, consolidations and merger/unmerger. Upon receipt of a complete application, copies thereof shall be referred to other appropriate City departments or other public or private agencies affected, together with a request for a written recommendation and any conditions to conform with the existing General Plan, zZoning, and building regulations, and Building Codes or to facilitate the relocation of existing utilities, infrastructure or easements which should be imposed on the approval of the application. The referral from the Public Works Department shall state that any recommendations, comments or recommended conditions must be returned to the Public Works
Department within 15 days and that failure to do so shall be deemed approval by that department or agency of the requested lot line adjustment, consolidation or merger/unmerger without conditions.
C. Filing of parcel map waivers. Upon receipt of the completed application, copies thereof shall be referred to other appropriate City departments or other public or private agencies affected, together with a request for a written recommendation and any conditions. The referral from the Public Works Department shall state that any recommendations, comments or suggested conditions must be returned to the Public Works Department within 15 days and that failure to do so shall be deemed approval by that department or agency of the requested waiver of parcel map without conditions.
D. Filing of certificates of compliance.
1. Upon receipt of and acceptance of a completed application by the Public Works Department, including the required processing fee, the application shall be referred by the to the City's Surveyor for review to make a determination as to whether or not the real property complies with the applicable provisions of the Subdivision Map Act, Government Code § 66410 et seq., and this Ttitle.
2. Such determination shall be made within 15 days after acceptance of the completed application; provided, however, that date may be extended by the period of time necessary for the applicant to provide such additional information as may be reasonably requested by the Surveyor in writing in order to ascertain the status of the subject property. (Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.080 Subdivision Committee.
A. Referrals. Following the determination of a complete application for a tentative map as required under Section 18.150.040 Initial Application Completeness Review, the Planning Division shall transmit copies of the tentative map and, where applicable, of the accompanying drawings and statements to members of the Subdivision Committee, together with a request for written recommendations on the proposed subdivision to be returned to the Planning Division within 15 days. The transmittal to the Subdivision Committee shall include a notification of the Subdivision Committee meeting date. The Community & Economic Development Department Director may transmit additional applicable copies to such other public and private agencies or departments as may be affected by the proposed subdivision, together with requests for written recommendations thereon within 15 days (California Government Code Section 66453). Failure to submit such written recommendations may be deemed recommended approval of the proposed subdivision and limit further ability to comment on the map or recommend conditions of approval.
B. Subdivision Committee meeting. The Planning Division shall, within 40 days after the filing of a complete application for a tentative map, hold a conference between the subdivider and the Subdivision Committee. The Committee shall advise the subdivider regarding conformity of the map with the provisions of this Ttitle and other applicable Codes, and conformity of the proposed uses with General Plan and city zoning regulations in Title 19 of this the Zoning Code, and shall advise on possible improvements in the design of the proposed subdivision as well as possible requirements and conditions of map approval. The Committee also shall advise on the requirements, if any, of other City departments and County, special district, State, and other public and private agencies affected by the proposed subdivision.
C. Report of the Subdivision Committee meeting. Following the Subdivision Committee meeting, the Planning Division shall furnish to the subdivider a written copy of the report and recommendations on the tentative map to be presented to the Planning Commission. The report shall be given to the subdivider at least three days prior to the consideration of the map by the Planning Commission
(California Government Code Section 66452.3). Copies of the report may be transmitted to other public or private agencies affected by the proposed subdivision. (Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.090 Environmental review.
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the City's resolution for implementing the California Environmental Quality Act.
(Ord. 6968 §1, 2007)
18.150.100 Community & Economic Development Director review.12 A. Tentative parcel map.
1. Tentative parcel maps that meet all of the criteria listed below can be approved by Community & Economic Development Director in accordance with the Subdivision Map Act, Government Code § 66410 et seq. The City Manager shall have the authority to enter into all agreements related to the approval of the parcel map.
a. The existing parcel has an average natural slope no greater than 20 percent. b. All necessary infrastructure and utilities are provided to the proposed parcels in a manner consistent with City standards.
c. The map would create no more than four parcels.
d. None of the conditions of California Government Code Section 66474, Grounds for Denial of Tentative or Parcel Map, exist. These conditions include:
(1) That the proposed map is not consistent with the applicable General Plan and Specific Plans as specified in Section Government Code § 65451.
(2) That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans.
(3) That the design is not physically suitable for the type of development. (4) That the site is not physically suitable for the proposed density of development. (5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
(6) That the design of the subdivision or type of improvements is likely to cause serious public health problems.
(7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This 12 Sec. 18.150.100 Community & Economic Development Director review. Citations are completed as shown.
Title vs. section references is also corrected, etc. (FOOTNOTE 322 IN EXHIBIT 2)
Ssubsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
B. Lot line adjustments, lot consolidations and lot merger/unmergers.
1. The City Surveyor shall conditionally approve an application for a lot line adjustment, lot consolidation or lot merger/unmerger upon a finding that the property involved meets all the following criteria:
a. The parcels are physically contiguous and not separated by any public right-of-way. b. No additional parcels will be created.
c. The resulting parcels comply with all applicable requirements of Title 19 of this Code, unless in conjunction therewith a variance is granted by the Community & Economic Development Director pursuant to the provisions of Section Title 19.720 of this Code. d. The proposed adjustment, consolidation or merger/unmerger and the resulting parcels comply with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this Ttitle. e. No new streets or street extensions are created, although dedications for street rights-of-way may be required in accordance with the provisions of Section 13.16.060 of this the Riverside Municipal Code.
f. In the case of properties proposed to be created by a lot line adjustment, lot consolidation or lot merger/unmerger with an average natural slope of 20 percent or greater, an initial study needs to be prepared and a negative declaration adopted in accordance with the City's California Environmental Quality Act - CEQA Resolution.
2. The City Surveyor may only impose such conditions to a conditional approval of the lot line adjustment, lot consolidation or lot merger/unmerger as may be necessary to conform to the City's Zoning and building regulations including those regulations applicable to the issuance of a building permit set forth in Section 13.16.060 of this the Municipal Code, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, lot consolidation or lot merger/unmerger, or to facilitate the relocation of existing utilities, infrastructure or easements. No tentative map, parcel map or final map shall be required as a condition of the approval of a lot line adjustment, lot consolidation or lot merger/unmerger.
3. The City Surveyor may refer the lot line adjustment, lot consolidation or lot merger/unmerger to the Planning Commission.
C. Parcel map waivers.
1. Findings for waiver. The City Surveyor and City Engineer, shall grant the application for a waiver of the parcel map only upon a finding that the proposed division of land complies with the requirements established by the Subdivision Map Act, Government Code § 66410 et seq., and this Ttitle as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and such other requirements as therein set forth.
2. Conditions. The City Surveyor shall condition the waiver of a parcel map upon the filing of a tentative map as set forth in this Ttitle conforming to the configuration of each parcel as approved by said Commission, and upon the filing of such documents as may be necessary to meet the requirements of the Subdivision Map Act, Government Code § 66410 et seq., or this Ttitle
including a signed and acknowledged statement satisfying all of the requirements of Section 66436 of the Subdivision Map Act and a certificate or statement satisfying the requirements of Section 66492 of the Subdivision Map Act.
3. Effective date; appeal. The decision of the City Surveyor to either grant or deny the application for the waiver of a parcel map shall be final and effective ten days following its decision unless the applicant or any other interested person files a notice of appeal to the Planning Commission within this time in accordance with the procedures as hereinafter set forth. An appeal shall stay the decision of the City Surveyor until final action by the Planning Commission.
D. Certificate of Compliance.
1. Review by Planning Commission. If the matter of the issuance of a Conditional Certificate of Compliance is referred to the Planning Commission, the Community & Economic Development Director shall cause the matter to be placed on the next available agenda of said Commission. At the time set for discussion, the Planning Commission shall receive a written report from the City Surveyor setting forth the actions taken on the matter and the facts and circumstances relied upon in arriving at such decision together with any recommended conditions. The applicant or other interested party shall have an opportunity to present testimony orally and/or in writing. The Planning Commission, acting in the capacity of the City Surveyor, may direct the issuance of a Conditional Certificate of Compliance, or a Certificate of Compliance if no conditions are imposed, in accordance with the provisions of this Cchapter, if it finds that the property was divided in violation of the Subdivision Map Act, Government Code § 66410 et seq., or this Ttitle and that the proposed real property may be approved as not being contrary to the public health or the public safety. The Planning Commission may impose such conditions as may be authorized in accordance with Ssubsection C above. The Planning Commission shall have the right to continue the matter from time to time as is reasonable in order to obtain additional information as said Commission determines necessary.
2. Effective date; appeal. The decision of the City Surveyor or the Planning Commission acting in its capacity as City Surveyor shall be final and effective ten days following the rendering of a decision, unless the applicant or other interested person files a notice of appeal to the City Council within this time in accordance with the procedures as hereinafter set forth. An appeal shall stay the decision until final action by the City Council.
3. Notice of appeal. Notice of an appeal to the City Council of a decision of the City Surveyor or of the Planning Commission regarding the issuance of a Conditional Certificate of Compliance shall be filed by the applicant or any other interested party with the Planning Division within ten days of such decision, together with such appeal fee as may be established in the City's fee resolution.
The notice of appeal shall set forth the grounds of the appeal and the action or relief requested.
4. Setting matter for review. The Planning Division shall promptly forward the notice of appeal to the City Clerk, together with any appropriate staff reports and the decision of the City Surveyor or the Planning Commission from which the appeal is made. The City Clerk shall set the matter for discussion on the City Council's next available agenda; provided, however, the matter shall be set for consideration within 30 days of receipt of the notice of appeal and appeal fee.
5. Review. At the time set for discussion, the City Council shall receive a written report from the Public Works Department setting forth the facts and circumstances of the case and the decision of the City Surveyor or Planning Commission. The applicant or any other interested person shall have an opportunity to present testimony orally and/or in writing. The City Council may affirm, reverse, or modify the decision of the City Surveyor or Planning Commission. The City Council shall direct the issuance of a Conditional Certificate of Compliance, or a Certificate of Compliance if no conditions are to be imposed, if it finds that the property was divided in violation
of the Subdivision Map Act, Government Code § 66410 et seq., or this Ttitle and that the proposed real property may be approved as not being contrary to the public health or the public safety. The City Council may impose such conditions as may be authorized in accordance with Ssubsection C above. The City Council shall have the right to continue the matter from time to time as is reasonable in order to obtain additional information as said City Council determines necessary.
The decision of the City Council shall be final and shall be effective immediately upon pronouncement of the decision.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 53, 2019; Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.110 Planning Commission review.
A. Referrals to the Planning Commission from the Community & Economic Development Director or City Surveyor.
1. An application for a parcel map, lot line adjustment, lot consolidation, lot merger/unmerger, parcel map waiver, certificate of compliance or time extension referred to the Planning Commission by the Community & Economic Development Director or City Surveyor shall be reviewed and acted upon by the Planning Commission acting in the capacity of Community & Economic Development Director or City Surveyor within 60 days following the filing of the completed application with the Planning Division or Public Works Department in accordance with the following procedure:
a. Notice. Notice of the date, time, place and purpose of the public meeting before the Planning Commission shall be given by mailing a notice, not less than ten days prior to the date of such hearing, to the owner of the subject property or to said owner's duly authorized agent and to the project applicant, and to each affected agency, and to all owners of real property as shown on the latest equalized assessment roll abutting the real property which is the subject of the hearing. Real property shall be considered abutting the subject property for the purpose of requiring notice if only separated by a public right-of-way and, except for such public right-of-way, the real properties would be abutting. b. Review. At the time set for hearing, the Planning Commission shall receive a written report from the Community & Economic Development Director and/or City Surveyor setting forth the facts and circumstances of the case. The applicant and any other interested party shall have an opportunity to present testimony orally and/or in writing. The Planning Commission may conditionally approve or deny the application. For lot line adjustments or lot consolidations the Planning Commission may conditionally approve the application provided it finds that the parcels are contiguous, no additional parcels will be created, the resulting parcels comply with all applicable requirements of Title 19 of this Code unless in conjunction therewith modifications are approved pursuant to Chapter 18.230 Modifications, and the proposed adjustment or consolidation and the resulting parcels comply with applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this Ttitle unless in conjunction therewith modifications are approved pursuant to Chapter 18.230 Modifications. c. Conditions. The Planning Commission may impose conditions on the application. However, the City Planning Commission can only impose such conditions to its conditional approval of the lot line adjustment or to its conditional approval of the lot consolidation as may be necessary to conform to the City's Zoning and building regulations including those
regulations applicable to the issuance of a building permit as set forth in Section 13.16.060, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements. No tentative map, parcel map, or final map shall be required as a condition of the approval of a lot line adjustment or a lot consolidation.
d. Effective date; appeal. The decision of the Planning Commission to conditionally approve or deny an application shall be final and effective ten days following its decision unless the applicant or any other interested person files a notice of appeal to the City Council within this time in accordance with the procedures as hereinafter set forth. An appeal shall stay the decision of the Planning Commission until final action by the City Council.
B. Tentative tract, vesting and reversion to acreage maps.
1. The Planning Commission shall consider tentative tract and tentative vesting maps, the accompanying drawings and statements, and the report and recommendations of the Subdivision Committee on the proposed subdivision within 50 days of the filing of a complete application for the map and shall approve, conditionally approve, or disapprove the map and shall report its action in writing to the subdivider. Failure to act within said 50 days shall be deemed approval of the tentative map insofar as it complies with other applicable requirements of this Ttitle, Title 19, and other applicable provisions of this the Municipal Code (California Government Code Section 66452.1 and 66452.4).
2. The Planning Commission action shall be based on conformity of the tentative tract or tentative vesting map with this Ttitle, with other applicable Codes, Title 19, the quality of the design of the subdivision, compatibility with surrounding neighborhoods and the natural environment. The Planning Commission shall not approve a map unless it has found that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan.
3. The Planning Commission shall deny approval of the tentative tract or tentative vesting map if it makes any of the following findings:
a. That the proposed map is not consistent with applicable General and Specific Plans as specified in Section Government Code § 65451;13
b. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans.
c. That the site is not physically suitable for the type of development; d. That the site is not physically suitable for the proposed density of development; e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; f. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This Ssubsection shall apply only to easements of record or to easements established by judgment of a court of competent 13 Sec. 18.150.110 Planning Commission review. Citation is completed as shown. (FOOTNOTE 323 IN EXHIBIT 2)
jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
If the map is disapproved by the Planning Commission, the subdivider shall be furnished with the statement of the reasons for such disapproval. If the map is conditionally approved, the subdivider shall be furnished with a complete statement of the conditions of approval. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 54, 2019; Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.120 Acceptance of dedications or offers of dedication.
After execution of the City Engineer's certificate, either the City Manager or the City Council shall accept, accept subject to improvement or reject any and all dedications or offers of dedication. (Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.130 Notice of decision.
A. A notice of decision shall be required for maps and permits in accordance with the provisions of this Ssection.
B. Within ten days from the final action on an application, the Community & Economic Development Director or City Surveyor as appropriate shall send written notice of decision to the project applicant, other affected parties, and anyone who has requested to be notified. The notice of decision shall identify the specific action of the approving and appeal authority, including the date of action, applicable conditions, basis for determination, and appeal period.
C. The written decision of the City Surveyor to conditionally approve or deny the lot line adjustment, lot consolidation or lot merger/unmerger or to refer the application to the Planning Commission shall be issued within 30 days after the filing of a complete application with the Planning Division. If the lot line adjustment, lot consolidation or lot merger/unmerger is to be referred to the Planning Commission, the Community & Economic Development Director shall cause the application to be placed on the next available agenda of said Commission and notice of the hearing before the Planning Commission to be given. The Planning Commission shall act in the capacity of the City Surveyor if the matter is referred to it by the City Surveyor.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 55, 2019; Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.150.140 Application denial—Reapplication.
Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one year of the date of the action to deny or revoke, unless the Community & Economic Development Director determines that a new application is warranted due to a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 56, 2019; Ord. 6968 §1, 2007)
18.150.150 Withdrawal of application.
Any subdivider or applicant wishing to withdraw an application at any time prior to action thereon by the approving or appeal authority shall do so in writing.
(Ord. 6968 §1, 2007)
Chapter 18.160 NOTICES AND HEARINGS
18.160.010 Generally.
18.160.020 Notice of hearing for discretionary permits reviewed by planning commission.
18.160.030 Content of notice.
18.160.040 Notice requirements for administrative discretionary permits reviewed by the Community & Economic Development Director.
18.160.050 Requests for notification.
18.160.060 Failure to receive notice.
18.160.070 Hearing procedure.
18.160.010 Generally.
A. The following procedures implement Government Code Sections 65090 through 65096 and govern the notice and public hearing, where required, for consideration of a land use or development permit or action pursuant to this Ttitle.
B. Public hearings shall be required for tentative tract, vesting, reversion to acreage, condominium and environmental subdivision maps identified in this Ttitle. The hearing(s) shall be held before the designated approving or appeal authority pursuant to Section 18.050.010 Approving and Appeal Authority.
(Ord. 6968 §1, 2007)
18.160.020 Notice of hearing for discretionary permits reviewed by planning commission.14 When a provision of this Ttitle requires notice of a public hearing to be given, notice shall be given per Title Section 19.670 of this Code.
(Ord. 6968 §1, 2007)
18.160.030 Content of notice.
Notices shall include at a minimum the date, time and place of the public hearing; the identity of the hearing body; a general explanation of the matter to be considered; and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. 14 Sec. 18.160.020. Notice of hearing for discretionary permits reviewed by planning commission. Section vs. title error is corrected as shown. (FOOTNOTE 324 IN EXHIBIT 2)
(Ord. 6968 §1, 2007)
18.160.040 Notice requirements for administrative discretionary permits reviewed by the Community & Economic Development Director.
A. Public notice of the consideration of a proposed lot line adjustment, lot consolidation, lot merger/unmerger, parcel map waiver, and certificate of compliance is not required, except when the property under consideration is in the RC Zone, or has an Average Natural Slope of 20 percent or greater, or a modification, as described in Chapter 18.230, is requested. When required, public notice shall be provided by the Community & Economic Development Director by mailing such notice to the owners of property adjacent to the boundaries of the property under consideration, using for this purpose the last known name and address of such owners as are shown on the latest available equalized assessment roll of the County Assessor. Such notices shall identify the property under consideration and indicate the nature of the proposed application.
B. Public notice of the consideration of a proposed tentative parcel map shall be provided by the Community & Economic Development Director by mailing such notice to the owners of property within 300 feet of the boundaries of the property under consideration, using for this purpose the last known name and address of such owners as are shown on the latest available equalized assessment roll of the County Assessor. Such notices shall identify the property under consideration and indicate the nature of the proposed application.
C. The public notice shall:
1. Be sent no later than 14 days after City acceptance of a complete and accurate application.
2. Invite interested persons to notify the Planning Division in writing of any concerns or comments and/or to request further notification of actions relating to the proposed application during a 15 day comment and review period commencing with the date of the notice.
3. Specify that only those specifically requesting to be further notified of actions relating to the application will be so notified of decisions, appeals, or requests for City Council review.
4. Specify that at the end of a 15 day comment and review period, the Community & Economic Development Director's final report and recommendations will be issued, initiating a ten day appeal period.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 57, 2019; Ord. 7094 §1, 2010; Ord. 6968 §1, 2007)
18.160.050 Requests for notification.
Any person who requests inclusion on a mailing list for notice of hearing for a project or projects pursuant to this Ttitle shall submit such request in writing to the Planning Division. The City may impose a reasonable fee for the purpose of recovering the cost of such notification. (Ord. 6968 §1, 2007)
18.160.060 Failure to receive notice.
Pursuant to California Government Code Section 65093, failure of any person or entity to receive notice required by law of any hearing as required by this Ttitle shall not constitute grounds for any court to invalidate the actions of a designated Approving or Appeal Authority for which the notice was given.
(Ord. 6968 §1, 2007)
18.160.070 Hearing procedure.
A. Hearings and public meetings as provided for in this Cchapter shall be held at the date, time, and place for which notice has been given as required in this Cchapter. The designated approving or appeal authority shall conduct the public hearing and hear testimony.
B. The summary minutes shall be prepared and made part of the permanent file of the case.
C. Any hearing may be continued, and no further public notice shall be required unless the hearing is not continued to a specific date/time, in which instance the hearing shall be re-noticed. (Ord. 6968 §1, 2007)
Chapter 18.170 APPEALS
18.170.010 Purpose.
18.170.020 Appeal applicability and authority.
18.170.030 Filing an appeal.
18.170.040 Notice and schedule of appeal hearings.
18.170.050 Appeal hearing and action.
18.170.010 Purpose.
This Ssection identifies the procedures for filing and processing an appeal of actions of approving authorities, consistent with California Government Code Section 65904. Where the appeal provisions of this Ssection conflict with other provisions of other sections of this the Riverside Municipal Code, the appeal provisions of this Ssection shall apply with regard to subdivision matters. (Ord. 6968 §1, 2007)
18.170.020 Appeal applicability and authority.
A. Any person dissatisfied with an interpretation or action of an approving authority made pursuant to this Ttitle may appeal such action to the designated appeal authority and ultimately to the City Council.
Appeals must be filed in accordance with the procedures in this Ssection. Table 18.140.040 identifies the appeal authority for each of the City's map and permits and actions. Actions by the City Council are not subject to appeal and are final.
B. The approving authority, instead of taking any action, may refer the matter to the appeal authority. For example, the Community & Economic Development Director may refer action on a tentative parcel map to the Planning Commission for action.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 58, 2019; Ord. 6968 §1, 2007)
18.170.030 Filing an appeal.
A. All appeals shall be submitted in writing to the Planning Division and shall identify the action being appealed and specifically state the basis or grounds of the appeal.
B. Appeals shall be filed within ten days following the date the Approving Authority either announces its determination or loses jurisdiction on the matter for which an appeal is made and shall be accompanied by a filing fee as established by City Council resolution.
C. The filing of an appeal shall stay the action being appealed and the issuance of subsequent permit(s), such as grading or building permits. No fee shall be charged for an appeal or referral by the Mayor or City Council or public official acting in an official capacity.
D. An appeal must be filed to exhaust all available administrative remedies. (Ord. 6968 §1, 2007)
18.170.040 Notice and schedule of appeal hearings.
Unless otherwise stated herein or agreed upon by the person filing the appeal and the applicant, appeal hearings and public meetings should be set within 30 days from the date of appeal submittal. Notice of hearing for the appeal or public meeting shall be provided pursuant to noticing requirements of this Article.
(Ord. 6968 §1, 2007)
18.170.050 Appeal hearing and action.
Each appeal shall be considered de novo (new), and the appeal authority may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action. (Ord. 6968 §1, 2007)
Chapter 18.180 EFFECTIVE DATE OF MAP OR PERMIT APPROVAL, TIME LIMITS AND TIME
EXTENSIONS
18.180.010 Purpose.
18.180.020 Effective date of map or permit approval.
18.180.030 Permit time limits.
18.180.040 Voiding of maps or permits.
18.180.050 Map approval and permit time extension.
18.180.060 Exercising maps or permits.
18.180.070 Permit to run with land.
18.180.080 Permit(s) to be maintained on the site during construction.
18.180.010 Purpose.
This Cchapter identifies the effective date of map or permit approvals and provides requirements (including time limits) for map or permit implementation and map or permit extension. (Ord. 6968 §1, 2007)
18.180.020 Effective date of map or permit approval.
A. Tentative tract, vesting or reversion to acreage map. All decisions of the Planning Commission granting or denying a tentative tract, vesting or reversion to acreage map are final and effective immediately unless appealed within the ten day appeal period.
B. Tentative parcel map. All decisions of the Community & Economic Development Director or the Planning Commission acting as the Community & Economic Development Director shall be transmitted by written notice of decision to the City Clerk for transmittal to the City Council. All decisions of the Community & Economic Development Director shall be final and effective ten days following transmittal of the written notice of decision to the City Clerk, unless a member of the City Council has requested the item be reviewed or a written appeal has been filed by the applicant or an interested person within this time. An appeal or request for review of a Community & Economic Development Director decision shall stay the effective date of permit or approval until final action by the City Council.
No building permit or authority to proceed shall be granted until the decision is final and all appeal periods have expired.
C. Lot line adjustments, lot consolidations, lot mergers/unmergers, parcel map waivers and Certificates of Compliance. All decisions of the Community & Economic Development Director shall be final and effective ten days following the notice of decision unless the applicant or any other interested person files a notice of appeal to the City Council within this time. An appeal shall stay the decision of the Community & Economic Development Director until final action by the City Council.
Notwithstanding anything to the contrary herein, there shall be no right to appeal the decision of the Community & Economic Development Director to refer the matter to the Planning Commission. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 59, 2019; Ord. 6968 §1, 2007)
18.180.030 Permit time limits.
Any permit granted pursuant to this Ttitle shall become null and void if not exercised within the time limit specified in the approving document, or within one year if no time has been specified, except that time extensions may be granted pursuant to Section 18.180.050. (Ord. 6968 §1, 2007)
18.180.040 Voiding of maps or permits.
Any map or permit granted pursuant to this Ttitle shall become null and void if the owner or owner's authorized representative of the property for which the map or permit was granted requests, in writing, that the map or permit be voided and the approving or appeal authority having jurisdiction approves the request.
(Ord. 6968 §1, 2007)
18.180.050 Map approval and permit time extension.
A. The period within which the exercise of a map or permit must occur may be extended by the Community & Economic Development Director. An application for extension shall be filed prior to expiration of the permit along with appropriate fees and necessary submittal materials pursuant to Chapter 18.150 General Application Processing Procedures.
B. Tentative maps.
1. Tentative tract, parcel, vesting, and reversion acreage, condominium, and environmental subdivision maps. The Community & Economic Development Director may extend the life of a tentative map beyond the initial 36 month approval by up to six additional years, or as may be further specified in Section 66452.6(e) of the Government Code of the State of California. a. Any application for a one year extension shall be made in writing to the City prior to the expiration of the 36 months allowed. Thereafter, an application for a one year time extension, not to exceed a total of six years beyond the original date of expiration, shall be made in writing to the City prior to the expiration of the previous time extension. The application for a time extension shall be accompanied by a fee as may be prescribed by the City's fee resolution.
2. Lot line adjustments, lot consolidations, lot merger/unmergers, parcel map waivers and Certificates of Compliance. Lot line adjustments, lot consolidations, lot mergers/unmergers, parcel map waivers and Certificates of Compliance may receive a maximum of two, one year extensions. The approval of an extension extends the expiration date for one year from the original permit date.
3. The map or permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the map or permit was initially approved.
4. The extension may be granted only when the designated approving or appeal authority finds that the original map or permit findings can be made and that there are no changing circumstances or that there has been diligent pursuit to exercise the permit that warrants such extension.
C. Granting of stay. The period of time specified in Ssubdivision B, including any extension granted by the Community & Economic Development Director, shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Community & Economic Development Director. After service of the initial petition or complaint in the lawsuit upon the Community & Economic Development Director, the subdivider may apply for a stay following the same procedures in Ssubdivision A. Within 40 days after receiving the application, the Community & Economic Development Director shall either stay the time period for up to five years or deny the requested stay.
[GRAPHIC]
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=947659&datasource=ordbank" web="yes">7459</ulink> § 60, 2019; Ord. 7094 §2, 3, 2010; Ord. 6968 §1, 2007)
18.180.060 Exercising maps or permits.
The exercise of a map or permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such permit(s). Unless otherwise provided by law, such exercise of a permit constitutes the vested right to complete the work authorized by the permit.
A permit may be otherwise exercised by a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. (Ord. 6968 §1, 2007)
18.180.070 Permit to run with land.
Maps and permits and approvals granted pursuant to the provisions of this Ttitle shall be transferable upon a change of ownership of the land provided that the use and conditions of the original map or permit or approval are fully complied with, and the project is not modified or enlarged/expanded.
(Ord. 6968 §1, 2007)
18.180.080 Permit(s) to be maintained on the site during construction.
A copy of all land use and development permits (including all corresponding stamped-approved plans) authorizing construction shall be kept on site at all times during construction. (Ord. 6968 §1, 2007)
ARTICLE V. PERMITS PROVISIONS
Chapter 18.200 - GRADING AND SOIL EROSION
Chapter 18.210 - DEVELOPMENT STANDARDS
Chapter 18.220 - IMPROVEMENTS
Chapter 18.230 - MODIFICATIONS
Chapter 18.240 - FEES
Chapter 18.200 GRADING AND SOIL EROSION
18.200.010 Grading.
18.200.020 Soil erosion control.
18.200.010 Grading.
Every map approved pursuant to this Ttitle shall be comply with the City's excavation and grading regulations as set forth in Titles 16 and 17 of this Code. (Ord. 6968 §1, 2007)
18.200.020 Soil erosion control.
Upon determination and notification by the City Engineer that the land for which a tentative map has been filed is subject to soil erosion by either wind or water runoff, the subdivider shall submit detailed plans and specifications indicating the actions to be taken to prevent such erosion, including the prevention of sedimentation or damage to off-site property. No tentative map shall be approved unless the Planning Commission determines that the subdivider's proposals will prevent such erosion, and the approval of the map shall be conditional thereon.
(Ord. 6968 §1, 2007)
Chapter 18.210 DEVELOPMENT STANDARDS
18.210.010 Applicability.
18.210.020 Dedications.
18.210.030 Streets.
18.210.040 Alleys.
18.210.050 Easements.
18.210.060 Telecommunications.
18.210.070 Blocks.
18.210.080 Lots.
18.210.090 Commercial and industrial areas.
18.210.100 Flood-prone lands and drainage.
18.210.110 Sanitary sewers.
18.210.010 Applicability.
This Cchapter is applicable to all permits governed by this Ttitle. (Ord. 6968 §1, 2007)
18.210.020 Dedications.
A. As a condition of approval, the applicant may be required to dedicate or make an irrevocable offer of dedication of all parcels of land that are needed for streets, pedestrian ways, alleys, including access rights and abutter's rights, drainage, public utility easements and other public or private easements.
B. The applicant may also be required to dedicate such additional land as may be necessary and feasible to provide multi-purpose trails for the use of the public. The applicant may be required to waive direct access rights to any street from the subject property.
C. Every parcel required to be dedicated for public use shall be so dedicated or offered for dedication by separate instrument on a final map or by separate instrument. (Ord. 6968 §1, 2007)
18.210.030 Streets.
Parts "A" through "K" of this Ssection apply to both public and private streets.
A. Alignment and location. In adjoining subdivisions, streets shall be designed to: (1) conform to the alignment of existing adjoining streets; (2) where the adjoining land is not subdivided, streets shall be designed to conform to the projections of existing streets; (3) where physical conditions are conducive and reflect the City's overall grid pattern; (4) allow, as much as possible, for the subdivision of all adjoining unsubdivided land, and the Planning Commission may require that streets or parts of streets be provided to facilitate the subdivision of adjoining property.
B. Rights-of-way and improvements. Except where a modification is expressly authorized in accordance with Chapter 18.230 Modifications, where a special cross section is required to conform with a specific plan or planned street line, or where the proposed street is private, street rights-of-way and the locations of improvements therein shall conform with the standards prescribed in Table 1 below.
Table 1
STREET RIGHT-OF-WAY AND IMPROVEMENTS
Right-ofway 10 Median
1 Pavement
Width 2
Curbs
and
Gutters
Parkway
3 Street Type (ft.) (ft.) (ft.) (ft.)
Arterial street 144 12 56 (two) 7 Yes 10
Arterial street 120 12 44 (two) 8 Yes 10
Arterial street 110 18 34 (two) 9 Yes 12
Arterial street 100 21 34 (two) 9 Yes 10
Arterial street 88 — 64 7 Yes 12
Collector street 80 — 40 Yes 20
Collection street or local street,
multi-family area 66 — 40 Yes 13
Local street, single-family area 66 — 36 Yes 15
Local cul-de-sac street 4 60 — 36 Yes 12
Frontage Road 42 — 32 5 Yes 10
Alley 20 — 20 — —
Half streets 43 6 — 28 Yes 15 6
1. Includes width of curbs on both sides of median strip.
2. Measured from curb face to curb face.
3. Sidewalks shall be required at all locations unless specifically approved to be omitted. Sidewalks generally shall be located adjacent to the property line, except where findings can be made that there are unusual circumstances warranting location of a sidewalk adjacent to the street. All sidewalks shall be in accordance with Standard Drawing No. 325. The remaining parkway area shall be landscaped and irrigated as approved.
4. When approved because of short length, topography or other reasons.
5. Includes two feet of pavement within adjoining arterial right-of-way.
6. Forty-one feet of right-of-way where ultimate curb separation is 40 feet. Remaining parkway width is 13 feet.
7. Provides four travel lanes in each direction (excluding turning lanes, parking lanes and bike lanes).
8. Provides three travel lanes in each direction (excluding turning lanes, parking lanes and bike lanes).
9. Provides two travel lanes in each direction (excluding turning lanes, parking lanes and bike lanes).
10. Additional right-of-way may be required on arterial streets to accommodate reverse frontage configurations, scenic boulevard designations and additional traffic lanes at intersections.
C. Curves and tangents. Street curves and tangents shall be as provided in this Ssubsection, unless otherwise approved by the City Engineer. Curves on major and secondary streets shall have a centerline radius conforming to the specifications of the Public Works Department. Curves on collector streets shall have a centerline radius of not less than 300 feet. Curves on other streets shall have a centerline radius of not less than 200 feet. A tangent conforming with the Public Works Department's specifications shall be required between reverse curves on major, secondary and collector streets.
D. Grades. Grades of streets shall be as provided in this Ssubsection, unless otherwise approved by the City Engineer. Grades of streets shall be not less than four-tenths percent to ensure adequate drainage, and shall not exceed six percent on major, secondary and collector streets. Grades on other streets shall not
exceed 12 percent. All breaks in grade should be joined by vertical curves of adequate length to provide safe sight distances and driving comfort.
E. Intersections. The angle of intersection between public streets, between a public street and an alley, or between a public street and a private street shall be as nearly a right angle as topography and other limiting factors permit.
F. Cul-de-sacs, dead-end streets and adjoining acreage. A cul-de-sac should not serve more than 16 lots, nor should it exceed 600 feet in length measured from the centerline of the intersection street to the center of the turnaround, except that a greater length may be permitted if warranted due to topographic or other specific conditions and if approved by the Public Works and Fire Departments. A turning area with a curbline radius of not less than 36 feet shall be provided at the end of such street. Alternate designs for turning or reversing directions may be permitted if approved by the Public Works Department.
G. Where a street is terminated adjoining property capable of future subdivision, a one-foot-wide nonaccess barrier strip the width of the street right-of-way shall be dedicated to the City and accepted for public use to deny access from the adjoining property to the street. Future acceptance of the barrier strip by the City for street purposes shall be contingent upon the improvement of the strip and the extension of the street into the adjoining property. In addition, a barricade constructed in conformance with the specifications of the Public Works Department and/or a temporary turning area or temporary connection to another street shall be required.
H. Frontage roads are normally discouraged.
I. Limitations. A frontage road, or reverse frontage lots, side-on lots, or other type of limited access design may be required where land adjoins or fronts on a major or secondary street. To accomplish the purposes of this Ssubsection, waivers of vehicular and pedestrian access rights to the major or secondary street may be required. Intersections of a frontage road with the street on which it borders shall be spaced so that minimum disruption of traffic results. At intersections, the planting strip separating the frontage road from the major or secondary street shall have sufficient depth to provide at least 40 feet of stacking space for vehicles entering the intersections between the frontage road and the major or secondary street to the specifications of the Public Works Department.
J. Railroads, canals, and other grade crossings. Where a development borders on or contains a railroad right-of-way, canal, or other grade crossing, a street approximately parallel to such right-of-way at a distance suitable for the appropriate use of the intervening land may be required. Such distance shall be determined with due regard for traffic needs and the requirements of approach grades and future grade separations. Where the design of the development incorporates a street that borders a railroad or canal, the developer shall be required to install full width street improvements.
K. Half streets. Half streets shall not be approved except where essential to the reasonable development of the subdivision in conformity with the requirements of this Ttitle and where the Planning Commission finds it will be practical to require the dedication of the remaining portion of the street when the adjoining property is subdivided.
L. Access streets. A subdivision should be accessible by way of two or more improved streets with a minimum of 28 feet of pavement to the specifications of the Public Works Department.
M. Street names. Streets that are a prolongation or approximate prolongation of existing streets shall be given the same names as the existing streets. No street shall be designated by the same name as any other street even though differentiated by a suffix (Avenue, Boulevard, Way, Place or other term).
N. Private streets. Private streets are generally used in single family residential developments. In addition to Pparagraphs A through K above, private streets shall also comply with the following:
1. General regulations.
a. Private streets may be permitted in new developments where their use is logically consistent with a desire for neighborhood identification and control of access and where special overall design concepts may be involved. The use of private streets shall be subject to review and approval by the approving or appeal authority.
b. All private streets and private drives shall be reviewed by the Public Works Department and the Fire Department for recommendations concerning their design and construction. The installation of street lights which will be maintained by the Public Utilities Department shall be inspected by the Public Utilities Department, with a standard inspection fee required. c. The City shall assume no responsibility for enforcement of traffic control on private streets. d. The use of private streets and/or drives is not intended to be a device for permitting inadequate street design.
2. Private street standards.
a. For private streets, the street widths shall be as prescribed in Table 2 below and Table 1 Street Right-of-Way and Improvements. Private streets shall be treated as public streets for the purposes of Zoning standards (e.g., lot width, lots size, setbacks etc.) Table 2
PRIVATE STREET STANDARDS
Pavement Width 1 (ft.) Parking
Conditions 3
Curbs and
Gutters Parkway 2 (ft.) Curb returns (ft.) 4
20 Off-street Yes Yes 20
28 Parallel parking on one side Yes Yes 20
36 Parallel parking on both sides Yes Yes 20
1. Measured from curb face to curb face. When rolled curb is approved, measurement is from back of curb.
2. Sidewalks shall be required at all locations unless specifically approved to be omitted. Sidewalks generally shall be located adjacent to the property line, except where findings can be made that there are unusual circumstances warranting location of a sidewalk adjacent to the street. All sidewalks shall be in accordance with Standard Drawing No. 325. The remaining parkway area shall be landscaped and irrigated as approved. Utility easements may be required behind curbs to accommodate placement of water meters, electric conduit, etc. (minimum four foot wide). Street trees are required in parkway areas.
3. "NO PARKING" signs shall be posted on each side of a private street where parking is not permitted.
The design and location of said signs shall be approved by the City Traffic Engineer.
4. Minimum curb return radius allowed. Larger radius may be required as deemed appropriate by Public Works.
b. Standard structural street design and construction materials shall be utilized in the construction of private streets in compliance with City Public Works Department specifications.
c. Standard concrete curbs and gutters shall be installed along both sides of the entire length of any private street to the specifications of the Public Works Department. Rolled curbs may be acceptable.
d. No private street or cul-de-sac shall serve more than 16 lots, nor should it exceed 600 feet in length measured from the centerline of the intersection street to the center of the turnaround, except that a greater length may be permitted if required by topographic conditions and if approved by the Public Works and Fire Departments. A turning area with a curbline radius of not less than 36 feet shall be provided at the end of such street. Alternate designs for turning or reversing directions may be permitted if approved by the Public Works Department.
e. Street names shall be established according to current City criteria and shall be approved by the Planning Division.
f. The name of each private street shall be posted at intersections using City street name sign standards or other standard approved by the City Traffic Engineer, with the street name to be followed by the word "PRIVATE" in parentheses.
g. Sidewalks shall be required and should be located adjacent to the property line. h. All private streets shall be equipped with street lights, the type and design of which shall be to the approval of the Public Utilities Department and Planning Division. Street lights shall be installed by the developer.
i. The Public Utilities Department will bill the Homeowners' Association or individual or group which owns the subject property for the electric street lights as specified in Electric Rate Schedule LS-2 (Energy and Maintenance).
j. Street lights meeting the specifications of the Public Utilities Department will be maintained by the Public Utilities Department.
k. The placement of traffic control devices (signs, barricades, markings, etc.) shall be provided to the specifications of the City Traffic Engineer. The design of said markings shall be to the approval of the City Traffic Engineer.
3. Private driveway standards.
a. For private driveways, the minimum widths shall be prescribed in Chapter 19.580 of Title 19 (Zoning).
b. The connection between the private driveways and any street shall be by an approved connection.
c. Private driveways shall be provided within 150 feet of any dwelling unit for accessibility of emergency vehicles.
d. Fences, shrubbery or any other obstruction shall not be permitted in any area that would interfere with accessibility of emergency vehicles, or effective sight distance. e. The maximum length of any dead-end private driveway shall not exceed 250 feet in length unless a hammerhead or cul-de-sac turnaround is provided. f. Private driveways exceeding 150 feet in length may have traffic bumps installed at appropriate intervals. The bumps shall either be painted white in color with a reflective-type paint or the entrance to the driveway shall be posted with the appropriate caution. g. Private driveways shall have no overhead obstruction within 15 feet vertical clearance of the grade of the driveway.
h. Safety lighting may be provided on all private driveways as appropriate. i. A private driveway permit is required for any work within the public right-of-way.
4. Special conditions for inclusion in conditions, covenants and restrictions. a. Each buyer shall sign an acknowledgment that he has read the Constitution and By-Laws of the Homeowners' Association (HOA) and the Conditions, Covenants and Restrictions (CC&Rs) applying to the development, including any clause pertaining to private streets and private drives.
b. The CC&Rs shall be irrevocably written and recorded so that the maintenance and enforcement of the on-street parking prohibition is the responsibility of the HOA for the life of the project.
The CC&Rs shall clearly state that the HOA officers are responsible for the enforcement of the on-street parking prohibition and are personally liable for any penalties, including citations, for the failure to follow through with their responsibilities. c. Mechanical maintenance and "knock-down" repair of fire hydrants and street lights which meet the specifications of the Public Utilities Department along private streets shall be accomplished by either the City Public Utilities Department or applicable serving utility company, at the expense of the HOA.
d. The By-Laws or other appropriate document of the Homeowners' Association shall include the obligations of the Association with respect to maintenance of the private streets. e. The CC&R's shall provide the City with authority to repair and/or maintain the private streets and/or appurtenances in the event the HOA fails to maintain said streets and/or appurtenances in a manner that provides adequate access at all times so that emergency and utility vehicles can service the properties contiguous or adjacent thereto. Provision shall be made in the CC&R's to enable the City to recover costs of work performed by the City in these streets. The CC&R's shall provide that the HOA grants the City the authority to enter and repair and maintain the private street in the event the HOA defaults in its maintenance responsibilities and the preservation of the public health, safety and welfare necessitates City maintenance of the private street. Repair costs incurred by the City shall be shared, pro rata, by all parcels and collected as assessments along with County property taxes. (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 7, 2022; Ord. 7026 § 1, 2009; Ord. 6968 § 1, 2007)
18.210.040 Alleys.
A. Alleys not less than 20 feet in width may be required at the rear of existing or prospective multifamily residential or single family residential planned residential developments, commercial or industrial property.
Where permitted in single-family planned residential developments, alleys shall be not less than 20 feet in width.
B. Rounded corners or a corner cutoff in accordance with the specifications of the Public Works Department may be required at the intersection of two alleys or at the intersection of an alley with any street. Right angle alley turns and the turnaround of a dead-end alley shall conform to the specifications of the Public Works Department.
(Ord. 6968 § 1, 2007)
18.210.050 Easements.
A. Utility easements. Easements for public utilities shall be provided to the specifications of the Public Utilities Department or of the serving utility company. Easements for sewers and drainage shall be provided to the specifications of the Public Works Department. Easements for street trees, sidewalks, and other public uses shall be provided when required.
B. Public access easements to public resources. Easements through a subdivision to provide public access to public waterways, streams, rivers, lakes, reservoirs, and other similar public resources shall be provided to the specifications of the approving agency or City department. Public access through any area designated for habitat preservation shall require consultation with appropriate state and federal agencies. Pedestrian ways, bicycle routes, multi-purpose trails and/or equestrian paths may be considered an acceptable means of public access. If a state or federal agency determines that an access route cannot be established through an identified habitat preservation area, the subdivider shall propose alternate easement design.
(Ord. 6968 § 1, 2007)
18.210.060 Telecommunications.
A. The design of any subdivision, for which a tentative map or a parcel map is required by this Ttitle, is required to provide any and all appropriate cable television and similar or alternative systems an opportunity to construct, install, and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television or similar or alternative telecommunications services to each residential parcel in the subdivision. Appropriate cable television or similar or alternative telecommunications systems, as used in this Ssection, means those franchised to serve the geographical area in which the subdivision is located.
B. In furtherance of Ssubsection A of this Ssection, easements for construction, installation and maintenance of any equipment necessary to extend cable television or similar or alternative telecommunications services to each residence shall be provided in compliance with the specifications of the Public Works Department.
C. This Ssection shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.
(Ord. 6968 § 1, 2007)
18.210.070 Blocks.
A. General. Blocks shall be designed to allow for adequate building sites for the type of use proposed to comply with Zoning Code requirements prescribing lot sizes and dimensions, to allow for convenient pedestrian and vehicular circulation, access, traffic control and safety and limitations created by topography. Block depths generally shall be sufficient to allow for two tiers of lots of the prescribed depth for the proposed use. In order to promote connectivity, walkability, and a sense of neighborhood cohesiveness, blocks should not normally exceed 2,000 feet in length and may be up to 3,500 feet in length where topographic conditions dictate longer block lengths. Along arterial and standard streets, blocks should be designed where possible to minimize the number of interconnecting streets. [GRAPHIC]
18.210.070 Blocks
B. Corners. At street intersections, block corners shall be cut off or rounded at the property line to conform with the specifications of the Public Works Department.
C. Pedestrian ways. Where needed for traffic safety, for access to schools, playgrounds, shopping facilities or for other community facilities, pedestrian ways not less than ten feet in width may be required. The entire width shall be paved with concrete in accordance with the standard specifications for sidewalks of the Public Works Department. Pedestrian ways lined with solid walls on either side are generally discouraged due to security concerns. Pedestrian ways shall be illuminated in accordance with the specifications of the Public Utilities Department and the Planning Division. Metal posts or other facilities designed to inhibit the passage of vehicles through the pedestrian ways shall be installed to the specifications of the Public Works Department and the Planning Division. (Ord. 6968 § 1, 2007)
18.210.080 Lots.
A. Suitability for purpose. The subdivision plan shall result in the creation of lots which can be used or built upon. No subdivision shall create lots for building purposes which are impractical for improvement or use due to steepness of terrain, location of watercourses, size, shape or other physical conditions.
B. Lot size. The minimum area and dimensions of all lots shall conform with the requirements of the Zoning Code, Title 19 of this the Municipal Code.
C. Lot lines. Lot lines shall be located so as to facilitate the best utilization of existing and potential building sites. Normally, the side lines of lots shall be straight and approximately at right angles to the street, or approximately radial if the street is curved.
D. Access to streets. Every lot for building purposes shall have direct vehicular access to a street meeting the minimum requirements of this Ttitle for right-of-way width and improvements. Lots, other than corner lots, normally shall not have access to more than one street. On any lot intended for residential occupancy, it shall be possible to provide safe vehicular access by way of a private driveway with a grade not in excess of 15 percent from the street to a garage, carport or parking site on the lot in a location conforming with the requirements of Titles 17 and 19 of this Code.
E. Corridor access lots. Corridor access lots may be approved only where there is no reasonable alternative available to develop the interior portions of excessively deep parcels or where required by unusual physical constraints, subject to the approval of a modification in accordance with Chapter 18.230. For the purposes of this Cchapter the development standards for corridor access lots shall be as follows:
1. The corridor width shall be a minimum of 20 feet; except for an urban lot split pursuant to California Government Code § 66411.7 shall be as set forth in Chapter 18.085 of this Title;
2. The building pad shall be located behind at least one of the proposed, existing or potential building pads on an adjoining lot to either side;
3. The building line means a line parallel with the street, independent of the corridor or panhandle;
4. The front yard means a yard extending across the full width of the lot as measured from the building line; and
5. The area of the corridor shall not count in computing lot area for purposes of ascertaining compliance with the provisions of Title 19 of this the Code.
6. No modification shall be required for the approval of a corridor access lot created pursuant to § 66411.7 of the California Government Code.
7. The Approving Authority may interpret the standards of the corridor lot. [GRAPHIC]
Corridor Access Lot
F. Property remnants. Remnants of property which do not conform to lot requirements or which are not required for a public or private utility or other public use or approved access purpose should not be created by or included in a subdivision. Remnants may be approved where exceptional circumstances exist.
G. Reverse frontage lots. Reverse frontage residential lots shall typically be required where those lots are adjacent to arterial street as shown on the Master Plan of Roadways in the General Plan, or to overcome specific disadvantages of topography and orientation. Where reverse frontage lots are approved, the right to vehicular and pedestrian ingress and egress over rear or side lot lines may be required to be relinquished.
H. Drainage. All lots shall be adequately drained to the specifications of Title 17 and the City Engineer.
I. Cluster developments. Subdivisions may be arranged in a cluster fashion, in compliance with the planned residential development regulations indicated in Title 19, Section 19.780, Riverside Municipal of this Code.
J. Cul-de-sac lots, and knuckle lots. For purposes of this Cchapter, cul-de-sac lots and street knuckle lots, lot width means the horizontal distance between the side lot lines measured by a straight line drawn at one-third (i.e., 33.3 percent) the minimum required lot depth on each side lot line. At the front property line along a cul-de-sac bulb and street knuckle, there shall be a minimum distance of at least 45 feet.
The Approving Authority may interpret the standards of cul-de-sac lots and street knuckle lots. For more on cul-de-sac streets see Section 18.210.030.
[GRAPHIC]
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 8(Exh. B), 2022; Ord. 7026 § 2 and § 3, 2009; Ord. 6968 § 1, 2007)
18.210.090 Commercial and industrial areas.
A. When property is designated on the General Plan or by Title 19 of this Code for commercial or industrial use, the plan of the subdivision shall be appropriate for such use and shall conform with all requirements of this Ttitle, except that frontage on a public or City approved private street may not be required to allow parcel division of a shopping center.
B. Streets shall have adequate capacity to handle the anticipated traffic that will utilize them. The City Engineer may require a traffic study.
C. Insofar as possible, streets shall be laid out so that there will be direct access to the commercial or industrial area from major streets without utilizing local streets or traversing residential areas.
D. Lot areas and dimensions shall conform with the requirements of Title 19 of this Code and shall be adequate to accommodate the yard spaces, off-street parking spaces and off-street loading spaces required by Title 19 and such additional spaces and other service facilities as are needed for the type of use and development contemplated.
(Ord. 6968 § 1, 2007)
18.210.100 Flood-prone lands and drainage.
A. The subdivision of flood-prone lands, as identified by the City Engineer, shall be prohibited except where:
1. The subdivision is designed in a manner to minimize flood damage to both on-site and off-site structures;
2. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage;
3. Adequate drainage is provided so as to reduce the property's exposure to flood hazards and to prevent the aggravation of flood hazards with respect to adjacent and downstream properties;
4. All new or replacement water supply systems and sanitary sewage systems are designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the system into flood waters, and on-site waste disposal systems are located so as to avoid impairment of them or contamination from them during flooding;
5. No use, including landfill, is permitted unless the subdivider has demonstrated that the proposed use, when in combination with all other existing and anticipated uses, will not increase the water surface elevation of the 100-year flood more than one foot at any point. Plans for drains and drainage structures shall be adequate for local drainage needs and to protect lots and streets within the subdivision from flood hazard, taking into consideration the drainage pattern of adjacent property and treating upstream areas as though fully improved.
B. The design for drainage structures and facilities shall be based on a ten-year flood frequency, except (1) those major channels designated by the Riverside County Flood Control and Water Conservation District for a 100-year flood, and (2) those facilities draining areas containing sump conditions which shall be based on a 50-year flood frequency. All designs shall provide for surface overflow to accommodate a 100-year flood.
C. Plans for drainage and drainage works shall be subject to the approval of the City Engineer. Where necessary, means shall be provided for disposing of surface and storm waters beyond the limits of the subdivision. In the event that the subdivision is traversed by any watercourse, channel, stream or creek, the City, in order to maintain such watercourse, channel, stream or creek open and unobstructed, may require the dedication of rights-of-way or easements for storm drainage purposes conforming with the lines of such watercourses, or may require the dedication of such further and sufficient rights-of-way or easements as may be required for structures or channel changes or both to dispose of surface and storm waters, or may require that such rights-of-way be classified in an appropriate Zoning district.
Such rights-of-way or easements shall be designed to carry the waters of a 100-year flood, without increasing the water surface elevation of that flood more than one foot at any point. (Ord. 6968 § 1, 2007)
18.210.110 Sanitary sewers.
Sanitary sewers shall be required to the specifications of the serving agency for all land divisions. An exemption may be considered by the City Engineer provided all of the following conditions prevail:
A. The subdivision is designated for single-family residential purposes only; B. All developable lots within the subdivision are at least one acre in size; C. A viable point of connection to the sewer system does not exist as determined by the City Engineer; D. The Santa Ana Regional Water Quality Control Board (SARWQCB) has approved septic systems for the site; and
E. The Riverside County Department of Environmental Health has reviewed and accepted the Onsite Wastewater Treatment System Report for Land Divisions pursuant to the applicable policies of the regulating agencies.
(Ord. 7314 § 7, 2016; Ord. 7094 § 4, 2010; Ord. 6968 § 1, 2007) Chapter 18.220 IMPROVEMENTS
18.220.010 Improvements required for final maps.
18.220.020 Improvement agreement and security.
18.220.030 Improvement plans.
18.220.040 Improvement standards.
18.220.050 Supplemental improvements.
18.220.060 Work required.
18.220.070 Arterial street improvements.
18.220.080 Frontage road requirements.
18.220.090 Reverse frontage and side frontage lots.
18.220.100 Inspection of work.
18.220.110 Access for cable television and similar or alternative telecommunications systems.
18.220.120 Preinstalled improvements.
18.220.130 Forfeiture of security.
18.220.140 Release of security.
18.220.010 Improvements required for final maps.
A. Before a final tract, vesting, reversion to acreage or parcel map is approved or complete all required improvements shall either be completed and accepted by the City or subject to a secured agreement as set forth in Section 18.220.020 below.
B. The City will not accept the dedication of any streets, alleys, pedestrian ways, or public places shown on the map unless all the required improvements have been completed and accepted.
C. If improvements are required to protect certain lots from drainage hazards, an agreement may require that those improvements shall be installed prior to those certain lots being sold. The developer shall be required to obtain written approval from the City's Public Works Department prior to the sale of those lots.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.220.020 Improvement agreement and security.
A. In the event an agreement is entered into for completion of improvements, the agreement shall be secured by a good and sufficient improvement security in a form satisfactory to the City Attorney. "Improvement Security," as used in this Cchapter, means one or more of the following:
1. A deposit or deposits made with the City or a responsible escrow agent of money or negotiable bonds of the kind approved for securing deposits of public moneys.
2. A bond or bonds by one or more duly authorized corporate sureties.
3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the installation of the
improvements and/or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.
4. A lien upon the property to be divided recorded with the Riverside County Recorder, if the City finds that it would not be in the public interest to require the installation of the required improvements sooner than two years from the recordation of the final map.
5. Any form of security, such as a deed of trust in favor of the City, executed by all of the owners of the property to be divided and recorded against the property with the Riverside County Recorder.
B. Said improvement security shall be in the amounts and for the following purposes:
1. Faithful performance in the amount of 100 percent of the total estimated cost of the improvements;
2. Fifty percent of the total estimated cost of the improvements, securing payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvements; and
3. At least ten percent of the total 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. (Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.220.030 Improvement plans.
Prior to the commencement of construction or installation of any improvements within any street, alley, pedestrian way, easement, or other public area or right-of-way, the subdivider shall submit a complete set of construction plans to the Public Works Department. After all necessary changes, modifications, and additions ordered by the City Engineer or other applicable departments or agencies have been made on the improvement plans and before the map is given final approval, the subdivider shall file with the Public Works Department and other affected departments or agencies a complete set of reproducible permanent transparencies of the approved plans which shall become the property of the City and other applicable agencies.
(Ord. 6968 §1, 2007)
18.220.040 Improvement standards.
All improvements shall be constructed and installed in accordance with the approved plans. (Ord. 6968 §1, 2007)
18.220.050 Supplemental improvements.
The subdivider may be required to install additional improvements for the benefit of property not within the subdivision. The subdivider may be reimbursed for the costs of the additional improvements, pursuant to the Subdivision Map Act, § 66486.
(Ord. 6968 §1, 2007)
18.220.060 Work required.
The improvements required by this Cchapter shall consist of all of the following work and such other work as may be required as a condition of acceptance of any street, alley, pedestrian way, easement, or other right-of-way:
A. Grading and filling to approved grade, and construction of all necessary grade crossings, culverts, bridges and other related works;
B. Construction and installation of all drains, drainage facilities, channel improvements and other drainage works required to provide adequate drainage for every lot and to protect all lots from flood or overflow by storm waters or floodwaters, in accordance with the approved plans for drains and drainage works;
C. Construction and installation of concrete curbs and gutters on both sides of every street and on the proximate side of each existing or dedicated street bordering the subdivision. If a street is an extension of a turnaround or temporary turnaround, the bulbed portion shall be removed and the required improvements installed;
D. Installation or provision for the installation of all sewer mains, including dry sewers when required by the Public Works Department, and all laterals required to serve each lot. When such facilities are located in a street, laterals shall be laid to the property line and a cleanout placed to serve each lot. All required facilities installed in a street shall be laid before the street is paved, and shall extend at least to the subdivision boundary;
E. Installation of all utilities, utility lines and appurtenances, including water mains, fire hydrants, gas mains, telephone and electric lines, and all laterals and appurtenant equipment required to serve each lot. When such facilities are located in a street, laterals shall be laid to the property line of each lot. All required facilities installed in a street shall be laid before the street is paved, and shall extend at least to the subdivision boundary;
F. Required utility lines, including but not limited to electrical, telephone, cable television, and street light service lines, providing service to all new property developments shall be placed underground. The subdivider is responsible for complying with the requirements of this Ssection, and he shall make the necessary arrangements with the serving utility companies for the installation of such facilities. For the purpose of this Ssubsection, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, ducts, street lighting or signal control cabinets, and other associated equipment in an underground system may be placed above ground.
The Public Utilities General Manager may waive the requirements of this Ssubsection if topographic conditions, soil or any other conditions make such underground installation unreasonable or impractical. A written justification for any such waiver shall be prepared and kept on file.
This subdivision shall not apply to telephone transmission lines or electric transmission lines or other lines which do not provide service to the area being subdivided; G. Relocation or provision for the relocation of any underground or overhead utility, including irrigation lines, the relocation of which is necessitated by development of the subdivision; H. Installation of asphalt concrete pavement, base material, and seal coat in all existing or dedicated streets and alleys or portions thereof;
I. Installation of concrete sidewalks adjacent to the curbline, except where this requirement is specifically waived; installation of concrete driveway approaches; and installation of concrete pavement for pedestrian ways;
J. Planting or providing for the planting of trees of the variety, size and condition prescribed by the Park, Recreation and Community Services Department in accordance with the approved plans and specifications; removing and, where required by the Park, Recreation and Community Services Department, transplanting designated trees that are located in the line of construction of improvements; providing maintenance for all trees and landscaped areas until the same are accepted by the City;
K. Installation or provision for the installation of street lights of approved design and illumination intensity in the locations and manner approved by the Public Utilities General Manager; L. Installation of all required street signs, including street name signs, warning signs, and regulatory signs where required;
M. Construction and installation of street barricades where required; N. Where any boundary line of a subdivision is adjacent to or across a public street, alley or pedestrian way from an open and unfenced canal, storm channel, railroad, quarry, airport, or other hazardous facility, or adjacent to unimproved land capable of division or development, or productive agricultural land, construct a six-foot chain link fence or masonry wall or barrier, separation or the like to the specifications of the Planning and Public Works Departments along such subdivision boundary line, or construct the equivalent length of fence or wall along the nearest right-of-way line of such canal, channel, railroad, airport, or other hazardous facility; O. Construction of such acceleration and deceleration lanes and traffic channelization devices in streets as are deemed necessary by the Public Works Department to control traffic; P. All work and improvements contemplated by and performed under the provisions of this Ttitle shall be accomplished so as to minimize interference with and coordinate with other construction activities or developments of or on behalf of the City and nearby private development. (Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.220.070 Arterial street improvements.
Where the General Plan or any applicable specific plans shows an arterial street located within the boundaries of a subdivision or located immediately adjacent to a boundary or boundaries of a subdivision, the following dedications and improvements shall be required:
A. Where the arterial street is designated to be within the boundaries of the subdivision, the subdivider shall dedicate and grade the entire right-of-way and improvement shall be required as designated by this Ttitle, including a raised median with landscaping consisting of trees, shrubs, ground cover, hardscape and a fully automated irrigation system as approved by the Public Works and Park, Recreation and Community Services Directors.
B. Where the designated arterial street adjoins or is adjacent to a boundary or boundaries of the subdivision, the subdivider shall dedicate and grade one half of said right-of-way from the centerline, and improvements shall be required as designated in this Ttitle for one-half of the street, including one-half of a raised median with landscaping consisting of trees, shrubs, ground cover, hardscape and a fully automated irrigation system as approved by the Public Works and Park, Recreation and Community Services Directors. However, upon approval by the Public Works Department a fee in lieu thereof may be paid by the subdivider to the City, which fee shall be in the amount estimated by the Public Works and Park, Recreation and Community Services Directors to be the cost of one-half of the raised median with landscaping and irrigation system. (Ord. 6968 §1, 2007)
18.220.080 Frontage road requirements.
Where a limited access design is required for a highway and to accomplish this purpose a frontage road is provided, the frontage road and the adjacent highway shall be improved in accordance with the provisions of this Ttitle, with the following additions and modifications:
A. Street lights shall be required on both the highway and the frontage road.
B. Where the highway is already improved and the pavement is not to the required grade and elevation, the subdivider shall remove and install the pavement to the required grade and elevation.
C. Full improvement of the sections connecting the highway and the local streets within the subdivision in accordance with the specifications of the Public Works Department shall be required. These improvements shall include any and all improvements on the highway deemed necessary by the City Engineer in order to provide for adequate entrances to and exits from the subdivision.
D. A planting strip shall be provided between the frontage road and its adjacent highway which shall contain trees, shrubs, ground cover and an automatic irrigation system as approved by the Park, Recreation and Community Services Director.
(Ord. 6968 §1, 2007)
18.220.090 Reverse frontage and side frontage lots.
Where a limited access design is required for an arterial, and to accomplish this purpose reverse or side frontage lots bordering the arterial are provided, said arterial shall be improved in accordance with the provisions of this Ttitle with the following additions and modifications:
A. Full improvement of the sections connecting the arterial and the local streets within the subdivision in accordance with the specifications of the Public Works Department shall be required. These improvements shall include any and all improvements on the arterial deemed necessary by the City Engineer to provide for adequate entrances to and exits from the subdivision.
B. A masonry wall shall be constructed of a design, material, and color approved by the Community & Economic Development Director adjacent to the rear or side property line of the lots backing up to or siding on an arterial street or other location as may be required by the City Engineer.
Such wall shall not be less than six feet in height, unless the regulations in Title 19 of this Code prescribe a different height, and shall be uniform in design, material, and color. Where it is more feasible because of topography to construct the wall at the top of a slope adjacent to the arterial, the area between the street and the wall shall be dedicated or granted by easement to the City for restricted street purposes including landscaping; and the Planning Commission may grant modifications required for the development of any adjacent lot or parcel due to such dedication or grant of easement in accordance with the provisions of this Ttitle. [GRAPHIC]
18.220.090.B
Reverse Frontage Walls
C. Landscaping shall be required in the area between the property line and the curb and in any dedicated area or required landscape easement area between a required masonry wall and fence and the planned street line, and the landscaping shall consist of trees, shrubs, ground cover, and a fully automated irrigation system as approved by the Park, Recreation and Community Services Director; provided, however, a fee in lieu thereof may be paid by the subdivider to the City, which fee shall be in an amount estimated by the Park, Recreation and Community Services Director to be the cost for such improvements.
D. Long term maintenance of landscaping and the reverse frontage wall shall be the responsibility of a Homeowners' Association (HOA) where one exists in the case of a planned residential development.
Where no HOA exists, the developer shall be responsible for providing for the long term maintenance of the landscaping and wall by means acceptable to the City, including payment of an endowment in an amount approved by the City.
(Ord. 6968 §1, 2007)
18.220.100 Inspection of work.
The subdivider shall cause all work under construction to be inspected at such times as are established and required by the City.
(Ord. 6968 §1, 2007)
18.220.110 Access for cable television and similar or alternative telecommunications systems.
A. Any and all appropriate cable television and similar or alternative telecommunications systems shall be provided access to any subdivision for which a tentative map was required by this Ttitle for the purpose of constructing, installing or maintaining equipment consistent with the requirements of the City of Riverside, within public streets, highways, alleys, public utility easements, telecommunications easements and other public easements designated by the City of Riverside as acceptable for cable television and similar or alternative telecommunications systems use, which equipment is necessary to extend the appropriate telecommunications systems to the parcels within the subdivision. "Appropriate cable television and similar or alternative telecommunications systems", as used in this Ssection, means those franchised to serve the geographical area in which the subdivision is located.
B. When the subdivision is being developed, the subdivider or the owner shall provide notice to all appropriate cable television and similar or alternative telecommunications systems regarding the optimum time or times for the access required by Ssubsection A of this Ssection to take place so that all trenching for utilities, sewers, telecommunications systems and the like can be coordinated and shared when feasible. While the subdivision is under construction, the access required by Ssubsection A of this Ssection shall be provided upon terms mutually acceptable to the subdivider or owner and an appropriate telecommunications system. If no mutually acceptable terms can be agreed upon, such appropriate telecommunications system shall have the right to construct, at its sole expense, separate trenches and to place therein all equipment necessary to extend such appropriate telecommunications system to the parcels within the subdivision. When any appropriate telecommunications system installs associated equipment in a separate trench, the trenching activity shall be performed as close in time and physical proximity to the trenching for utility lines, sewers, and any other appropriate telecommunications system equipment as practicable.
(Ord. 6968 §1, 2007)
18.220.120 Preinstalled improvements.
If the subdivider completes all improvements required by this Ttitle prior to approval by the City of the final map or parcel map the subdivider shall be required, in addition to any other requirements of this Ttitle, to provide the City with an improvement security in form acceptable to the City Attorney to guarantee the maintenance of the work required by this Ttitle, until completion of the final map, against any defective work or labor done or defective materials furnished or damage occurring during map construction. The penal sum of this security shall be in the amount of ten percent of the estimated cost of all improvements required by this Ttitle, which cost shall be ascertained by the City Engineer; but in no event shall said penal sum be less than $300.00.
(Ord. 7341 §7, 2016; Ord. 6968 §1, 2007)
18.220.130 Forfeiture of security.
If the subdivider or the surety fails to complete all the required improvements within a time prescribed by the improvement contract with the City or any authorized extension thereof by the City, in addition to any other legal or equitable remedies available, the City Council may order that the remaining improvements be made by or on behalf of the City at the expense of the subdivider and the surety. (Ord. 6968 §1, 2007)
18.220.140 Release of security.
The improvement security may be released in the following manner:
A. Upon completion of all the work, improvements and obligations called for under the subdivider's contract for completion of the improvements, and upon acceptance of all said work and improvements by the Public Works Director or his/her designee, the Public Works Director or his/her designee shall authorize the release of the improvement security given for faithful performance of the contract. The release shall not apply to any required guarantee and warranty period required by Section 18.220.020.B.3. However, the liability of the improvement security given for faithful performance of the contract shall continue for a period of one year following the acceptance of the work and improvements to guarantee the City against any defective work or labor done, or defective materials furnished in the performance of the contract.
B. The improvement security securing the payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials may, six months after the completion and acceptance of the work and improvements, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City; and if there are no actions filed, the Public Works Director or his/her designee will authorize the release in full of the improvement security.
(Ord. 6968 §1, 2007)
Chapter 18.230 MODIFICATIONS
18.230.010 Modifications authorized.
18.230.020 Applications.
18.230.030 Approving/appeal authority.
18.230.010 Modifications authorized.
Modifications from the improvement requirements of this Ttitle may be granted pursuant to the procedures set forth in this Cchapter.
(Ord. 7026 §4, 2009; Ord. 6968 §1, 2007)
18.230.020 Applications.
An application for a modification shall be made by a petition of the subdivider on forms as may be prescribed by the Planning Division. The petition shall set forth the nature and extent of the requested modification, the grounds of the application and the facts relied upon by the petitioner for the request for a modification. The petition shall be filed together with the administrative discretionary or discretionary map or permit.
(Ord. 6968 §1, 2007)
18.230.030 Approving/appeal authority.
The approving or appeal authority shall consider the application for a modification and the drawings and documents filed with an application at the same time as the map or permit is considered. The modification may be granted or may be granted subject to prescribed conditions, provided that the approving or appeal authority shall make the following findings:
A. That the property is of such size or shape, or is affected by such topographic conditions, or that there are such special circumstances or conditions affecting the property that it is impossible, impractical or undesirable for the petitioner to fully conform with the regulations prescribed by this Ttitle, and required conformance would result in undue hardship; B. That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
C. That the modification will not be detrimental to the public health, safety or welfare, or be injurious to other properties in the vicinity;
D. That granting the modification is in accordance with the purposes set forth in this Ttitle; E. That granting the modification is not contrary to the objectives of the zZoning regulations Code set forth in Title 19 of this Code and the General Plan.
(Ord. 6968 §1, 2007)
Chapter 18.240 FEES
18.240.010 Fees required.
18.240.020 Drainage fees.
18.240.030 Other Fees.
18.240.010 Fees required.
Filing fees for filing a tentative tract, vesting or reversion to acreage map, parcel map, final tract, vesting, reversion to acreage or parcel map, appeal, modification, waiver application and certificate of compliance application, and fees for map checking shall be in an amount established by resolution of the City Council and shall be paid at the time the application, petition or map is filed. (Ord. 6968 §1, 2007)
18.240.020 Drainage fees.
A. This Ssection is adopted pursuant to Section 66483, et seq. of the California Government Code which provides for the payment of fees for construction of drainage facilities as a condition to the division of land.
B. Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, adopted by resolution of the City Council, a drainage fee in the amount set forth in the adopted plan shall be paid as a condition of approval of the filing of a final map or parcel map, or as a condition of the waiver of the filing of a parcel map.
C. Each area drainage plan shall be adopted pursuant to the provisions of California Government Code Section 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 shall include a map of the area that shows the boundaries of the drainage area and the location of the required facilities.
D. The area drainage plan shall be determined by resolution of the Riverside County Board of Supervisors and/or the Riverside County Flood Control and Water Conservation District to be in conformity with any applicable County-wide or district general drainage plans.
E. As a condition to adoption of a plan, the City Council shall find and determine that the subdivision and development of property within the planned local drainage area will require construction of the facilities described in the drainage plan and that the drainage fees are fairly apportioned within such area either on the basis of benefits conferred on property proposed for subdivision or on the need for such facilities created by the proposed subdivision and development of other property within such area.
F. The City Council 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 costs of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis.
G. The planned drainage facilities shall be in addition to existing facilities serving the area at the time of the adoption of the area drainage plan.
H. Drainage fees required by this Ssection shall be paid to the City and thereafter transferred into a planned local drainage facilities fund which shall be 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. Moneys in such funds shall be expended solely for the construction, reimbursement for construction, or right-of-way acquisition for drainage facilities within the drainage area for which the fees were collected, or to reimburse the district for the cost of engineering and administrative services to design and construct the facilities and acquire any necessary right-of-way for the facilities.
I. In the discretion of the City Council, dedication 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.
J. Money may be advanced by the Riverside County Flood Control and Water Conservation District to pay the cost of drainage facilities within an adopted drainage area; thereafter, such moneys may be reimbursed from the planned local drainage facilities fund for the local drainage area in which the facilities were constructed.
K. When required for the implementation of an adopted area drainage 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 funds for the construction of facilities within a local drainage area, provided that the sole security for payment of funds or other consideration advanced shall be moneys subsequently accruing to the planned local drainage facilities fund for the drainage area in which the facilities are constructed. Reimbursement shall be for the amount advanced only and shall not include interest or other charges. The agreement shall expire ten years after the date it was entered into, and any subsequent moneys paid into the fund shall accrue to it without obligation to creditors for which the agreements have expired.
L. Drainage fees listed in an adopted plan may be amended by the City Council at any time upon a determination that it is necessary to change the fees in order to correctly reflect the estimated cost of the required facilities.
(Ord. 6968 §1, 2007)
18.240.030 Other Fees.
Other fees may be required pursuant to the City's Fee resolution. Pursuant to California Government Code 66477 and Chapter 16.60 of this the Riverside Municipal Code, the City may, in-lieu of an offer of parkland dedication, impose a fee as a condition of development. The amount of this fee shall be determined by resolution of the City Council.
(Ord. 6968 §1, 2007)
ARTICLE VI. DEFINITIONS15
Chapter 18.260 - DEFINITIONS
Chapter 18.260 DEFINITIONS
18.260.010 Purpose and applicability.
18.260.020 "A" Definitions.
18.260.030 "B" Definitions.
18.260.040 "C" Definitions.
18.260.050 "D" Definitions.
18.260.060 "E" Definitions.
18.260.070 "F" Definitions.
18.260.080 "G" Definitions.
18.260.090 "H" Definitions.
18.260.100 "I" Definitions.
18.260.110 "J" Definitions.
18.260.120 "K" Definitions.
18.260.130 "L" Definitions.
18.260.140 "M" Definitions.
18.260.150 "N" Definitions.
18.260.160 "O" Definitions.
18.260.170 "P" Definitions.
18.260.180 "Q" Definitions.
18.260.190 "R" Definitions.
18.260.200 "S" Definitions.
18.260.210 "T" Definitions.
18.260.220 "U" Definitions.
18.260.230 "V" Definitions.
18.260.240 "W" Definitions.
18.260.250 "X" Definitions.
18.260.260 "Y" Definitions.
18.260.270 "Z" Definitions.
18.260.010 Purpose and applicability.
For the purposes of this Title the Subdivision Code, certain words, phrases and terms used herein shall have the meaning assigned to them by this Article, except that definitions derived from State and Federal regulations that are referenced herein shall have the meaning contained in the referenced regulations.
For general terminology used throughout this Title the Subdivision Code, refer to Section 18.060.030 Rules and Interpretations. For terminology used in this Code the Subdivision Code but not defined in this Ttitle, the definitions used elsewhere in thise Riverside Municipal Code, the Building Code or accepted dictionaries of the English language shall govern.
18.260.020 "A" Definitions.
Advisory agency means the approving and appeal authority charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority to approve, conditionally approve or disapprove maps or permits pursuant to this Ttitle.
Alley means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
Arterial street means a street which, because of its design and location with respect to other streets and other sources of traffic, is used to carry relatively heavy volumes of traffic through the City and between districts of the City, or as an approach to a freeway. See the Master Plan of Roadways for the location of arterial streets in the City.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.030 "B" Definitions.
Block means an area of land within a subdivision entirely bounded by streets, or bounded in part by streets and in part by the exterior boundary of the subdivision. See definition in Title 19. (Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.040 "C" Definitions.
City Engineer is the duly appointed Engineer for the City of Riverside or his/her acting designee.
City Surveyor is the duly appointed Surveyor for the City of Riverside or his/her acting designee.
Collector street means a street for traffic moving between arterial and local streets, generally providing direct access to properties. See definition in the General Plan. See the Master Plan of Roadways for the location of collector streets in the City.
Community & Economic Development Department Director means the duly appointed and acting head of the Community & Economic Development Department - Planning Division.
Community apartment project means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon. (California Civil Code § 1351 (d)). See definition in Title 19.
Condominium map. See "tentative condominium map."
Condominium project means a development consisting of condominium units established in conformance with State law. See definition in Title 19 and the General Plan.
Cul-de-sac means a street having only one outlet for vehicular traffic and ending in a turnaround.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.050 "D" Definitions.
Design means:
A. Street alignments, grades and widths;
B. Drainage and sanitary facilities and utilities, including alignments and grades thereof; C. Location and size of all required easements and rights-of-way; D. Fire roads and firebreaks;
E. Lot size and configuration;
F. Traffic access;
G. Grading;
H. Land to be dedicated for park or recreational purposes; and I. Such other specific requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
Designated remainder means a portion of any unit or units of improved or unimproved land which is not divided for the purpose of sale, lease or financing.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.060 "E" Definitions.
Environmental subdivision. See "tentative environmental subdivision map." (Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.070 "F" Definitions.
Flag lot. See "lot, corridor access."
Freeway means a divided highway for through traffic with full control of access, with grade separations at all intersections and in respect to which the owners of abutting lands have no direct right or easement of access to or from their abutting land. A freeway is not a street for the purposes of this Ttitle. See definition in Title 19.
Frontage road means a street which, for its entire length, borders on another street with which it has a common side line, and to which it is accessory, and which provides access to abutting properties and separation from through traffic. The term also includes service road and border road. (Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.080 "G" Definitions.
General Plan means the General Plan of the City of Riverside, adopted pursuant to the California Government Code Section 65301 et seq. and adopted by the Riverside City Council. See definition in the General Plan.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.090 "H" Definitions.
Highway means a major or arterial street.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.100 "I" Definitions.
Improvement refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of a final or parcel map. "Improvement" also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or any specific plan.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.110 "J" Definitions.
(Ord. 6968 § 1, 2007)
18.260.120 "K" Definitions.
(Ord. 6968 § 1, 2007)
18.260.130 "L" Definitions.
Linkages means open space connection for purposes of habitat connectivity, trail connection or a combination of the two. A linkage that provides habitat connectivity will be a connection between habitat area with adequate size, configuration and vegetation characteristics to generally provide habitat for subject wildlife and plant species. A linkage may include sufficient area to buffer the linkage use from surrounding land uses; linkage buffers may serve as flood overflow areas or other uses compatible with the site specific purpose of the linkage. Dimensions of a linkage will depend on site-specific linkage purposes and available open space. See definition in the General Plan.
Local street means a street providing direct access to properties and designed to discourage through traffic.
Lot means a legally recognized parcel of land abutting on one or more streets.
Lot consolidation means the merger of existing lots or parcels into fewer lots or parcels.
Lot, corridor access means a lot with access to a street by means of a corridor having less than the required lot width. The term also includes flag lot and panhandle lot. For information on the development standards for a corridor access lot see Section 18.210.080.E.
Lot, cul-de-sac means a legally recognized parcel of land substantially abutting the bulb portion of a culde-sac street. The amount of frontage needed at the bulb will be determined by the approving authority.
Lot line adjustment means the modification of a boundary line or lines between two or more existing adjacent lots or parcels where no additional lots or parcels are created.
Lot, reverse frontage means a lot bordering on streets along both its front and rear property lines, also referred to as through lot, backup lot, and double frontage lot.
Lot, side-on means a lot which sides on a highway and fronts on a minor street, cul-de-sac, or other highway.
(Ord. 7341 § 7, 2016; Ord. 7026 § 5, 2009; Ord. 6968 § 1, 2007)
18.260.140 "M" Definitions.
Median means a strip of land within a street right-of-way designed to separate opposing lanes of traffic, which may be designed to be planted with trees or otherwise landscaped, and which may provide stacking space and protection for vehicles about to make left turns. (Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.150 "N" Definitions.
Nonaccess barrier strips means a strip of land generally one foot in width at the terminus of a public street where said street abuts an adjacent undeveloped parcel. Said strip is offered but not accepted for dedication as a public street and therefor prohibits access to the undeveloped parcel until such time as the parcel is developed in accordance with City standards. At that time the City accepts the barrier strip as a public right-of-way thereby granting access to the adjacent parcel.
Not A Part (NAP). See "Designated remainder."
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.160 "O" Definitions.
(Ord. 6968 § 1, 2007)
18.260.170 "P" Definitions.
Panhandle lot. See "Lot, corridor access."
Parcel map. See "Tentative parcel map."
Parkway means the landscaped area lying between the curb of an improved street and the sidewalk when the sidewalk is located at the property line. The area along a curb is generally reserved for parallel parking hence the term parkway.
Pedestrian way or walkway means a public way designed for use by pedestrians which is not intended for use by automotive vehicles of any kind, is not located within a street right-of-way, and whose width is typically between four feet and 20 feet.
Planned street line means the boundary line of a street, determined on the basis of the general plan or a specific plan, and adopted by the City Council to establish the planned maximum width of an existing street or to establish the ultimate right-of-way of a proposed street.
Planting strip means a strip of land within a street right-of-way which separates the roadway from a sidewalk and/or a property line, or a strip of land within a street right-of-way which is designed to separate a frontage road from a highway, and which in either case is to be planted with trees or otherwise landscaped.
Private drive means a secondary source of vehicular access and limited internal circulation contained within a residential project with the intention of providing access to off-street parking areas and various other project facilities and solely under private ownership.
Private street means a primary source of vehicular access and internal circulation contained entirely within in a residential development and solely under private ownership.
Public right-of-way means any place which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, median, highway, alley, lane, mall court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park square, and other similar public way.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.180 "Q" Definitions.
(Ord. 6968 § 1, 2007)
18.260.190 "R" Definitions.
Reversion to acreage map. See "Tentative reversion to acreage map." (Ord. 6968 § 1, 2007)
18.260.200 "S" Definitions.
Safety lighting means the level of light necessary for nighttime safety of outdoor areas.
Sidewalk means a paved way designed for use by pedestrians which is typically located within a street's right-of-way between a landscaped planting strip and an individual property line.
Slope, average natural means the average natural inclination of the ground surface of a lot or parcel expressed as a percent and as measured by the formula indicated in Section 19.100 of Title 19 of this the Zoning Code.
Specific plan means a tool authorized by Government Code §65450, et. seq. For systematic implementation of the General Plan for a defined portion of a community's planning area. A specific plan must specify in detail the land uses, public and private facilities needed to support the land uses, phasing of development and use of natural resources and a program of implementation measures., including financial measures pursuant to Government Code 65451. See definition in Title 19.
Stacking space means a space within the traveled roadway of a street designed to provide a protected rest space for vehicles awaiting a through or turning movement at a street intersection.
Street means a public way or City approved private way designed primarily for vehicular traffic, whether designated as a street, arterial, highway, thoroughfare, road, avenue, boulevard, lane, place, or other designation, but not including an alley.
Street, curve means a street where the deflection in the street direction causes the need for a centerline radius of 20 to 60 degrees for topographical or design needs of the subdivision. Curvilinear streets are not street curves for purposes of this definition.
Street, knuckle means the area where two streets meet in termination and the angle of deflection between the two centerlines of the streets range from 60 to 100 degrees. For reference see City Standard Drawing Number 104.
Stock cooperative means a development in which a corporation hold title to, either in fee simple or for a term of years, improved real property, a majority of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property. The owners' interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of Ssubdivision (f) of Section 25100 of the Corporations Code.
A "stock cooperative" includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 33007.5 of the Health and Safety Code. See definition in Title 19 18. 16 Subdivider means a person, firm, corporation, partnership or association which proposes to divide, divides, or causes to be divided real property into a subdivision for themselves or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." 16 Sec. 18.260.200. "S" Definitions. This title is Title 18, so I assume this internal cross reference was intended to be to Title 19. (FOOTNOTE 326 IN EXHIBIT 2)
Subdivision means the division of any improved or unimproved land, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 412517of the California Civil Code, or a community apartment project, as defined in Section 11004 of the California Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. "Subdivision" shall not include the financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks; mineral, oil or gas leases; or land dedicated for cemetery purposes under the Health and Safety Code of the State. (Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.210 "T" Definitions.
Tentative condominium map means a map of a condominium project, community apartment project or the conversion of five or more existing dwelling units to a stock cooperative.
Tentative environmental subdivision map means a subdivision of land pursuant to this division for biotic and wildlife purposes that meets all of the conditions specified in Sectionsubdivision 18.080.080 Tentative Environmental Subdivision Maps.
Tentative map means tentative tract, parcel, vesting, reversion to acreage, condominium and environmental subdivision maps.
Tentative parcel map means a map made for the purpose of showing the design and improvement of a proposed subdivision pursuant to A.1—5 of 18.080.030 Tentative Tract Maps Required of this Ttitle and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.
Tentative reversion to acreage map means a map of subdivided real property to be reverted to acreage.
Tentative tract map means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property (California Government Code § 66424.5).
Tentative vesting map means a map which meets the requirements of a tentative tract map and §§ 66452 of the California Government Code (California Government Code § 66424.5).
Trails means hiking, biking or equestrian trails, as indicated in the General Plan or a Specific Plan, and as further defined by the City during the development review process. (Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.220 "U" Definitions.
Urban lot split means a subdivision pursuant to Section 66411.7 of the California Government Code." (Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=1169188&datasource=ordbank" web="yes">7591</ulink> § 9, 2022; Ord. 6968 § 1, 2007)
17 Sec. 18.260.200. "S" Definitions--Contd. Civil Code § 1350 was repealed in 2014. See suggested correction. (FOOTNOTE 327 IN EXHIBIT 2)
18.260.230 "V" Definitions.
Vertical subdivision means a subdivision in which the air space above the property is divided for the purpose of sale or for the conveyance of an undivided interest coupled with the right of exclusive occupancy. The term also includes condominium projects as defined in California Civil Code Section 1350 412518, and community apartment projects as defined in California Business and Professions Code Section 11004.
Vesting map. See "Tentative vesting map."
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18.260.240 "W" Definitions.
(Ord. 6968 § 1, 2007)
18.260.250 "X" Definitions.
(Ord. 6968 § 1, 2007)
18.260.260 "Y" Definitions.
(Ord. 6968 § 1, 2007)
18.260.270 "Z" Definitions.
Community & Economic Development Director means the Community & Economic Development Department Director or his or her designee who is authorized to act as the Community & Economic Development Director according to the procedures set forth in the California Government Code and this Ttitle. See definition in Title 19.
(Ord. 7341 § 7, 2016; Ord. 6968 § 1, 2007)
18 Sec. 18.260.230 "V" Definitions. Civil Code § 1350 was repealed in 2014. See suggested correction. (FOOTNOTE 328 IN EXHIBIT 2)
Title 1919
ZONING
ARTICLE I. - ZONING CODE ENACTMENT AND APPLICABILITY
ARTICLE II. - ZONING CODE ADMINISTRATION, INTERPRETATION AND ENFORCEMENT ARTICLE III - NONCONFORMING PROVISIONS – LOTS, STRUCTURES, AND USES
ARTICLE IV - GENERAL ZONING PROVISIONS
ARTICLE V - BASE ZONES AND RELATED USE AND DEVELOPMENT PROVISIONS
ARTICLE VI - OVERLAY ZONES
ARTICLE VII. - SPECIFIC LAND USE PROVISIONS
ARTICLE VII. - SPECIFIC LAND USE PROVISIONS
ARTICLE VIII - SITE PLANNING AND GENERAL DEVELOPMENT PROVISIONS ARTICLE IX. - LAND USE DEVELOPMENT PERMIT REQUIREMENTS/PROCEDURES ARTICLE X: - DEFINITIONS
ARTICLE I. ZONING CODE ENACTMENT AND APPLICABILITY
Chapter 19.010 - ZONING CODE ENACTMENT
Chapter 19.020 - PURPOSE AND SCOPE
Chapter 19.030 - RELATIONSHIP TO OTHER PROVISIONS
Chapter 19.040 - ZONING CODE APPLICABILITY
Chapter 19.010 ZONING CODE ENACTMENT
19.010.010 Title.
19.010.0120 Authority.
19.010.0230 Adoption of TitleCode and map.
19.010.010 Title.20
This Title 19 constitutes, and may be referred to as, the Zoning Code of the City of Riverside, or this title. (Ord. 6966 §1, 2007)
19.010.0120 Authority.21
This Title The Zoning Code is enacted based on the authority vested in the City of Riverside and the State of California, including but not limited to: the State Constitution, Planning and Zoning Law (California 19 Title 19. Zoning. Throughout this chapter, I’ve recommended (without further comment) update of references to this title and reference to this code of ordinances. Using the term “zoning code” can be confusing to the reader in that the title “code” is part of the city “code.” See suggested corrections throughout. (FOOTNOTE 329 IN EXHIBIT 2)
20 Sec. 19.010.010. Title. Short titles are unnecessary after codification and should be stricken as shown. This title should be referred to as Title 19, Zoning, of the city’s code of ordinances. (FOOTNOTE 330 IN EXHIBIT 2) 21 Sec. 19.010.020. Authority. “Zoning Code” should be replaced with “this title” throughout this title as shown.
This footnote is not repeated in this title. (FOOTNOTE 331 IN EXHIBIT 2)
Government Code Section 65000 et seq.), California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), and the California Health and Safety Code. (Ord. 6966 §1, 2007)
19.010.0230 Adoption of TitleCode and map.
This Titlee Zoning Code, the comprehensive land use and zoning regulations of the City, together with the zoning map, are hereby adopted in conformance with current State planning, zoning, and development laws.
(Ord. 6966 §1, 2007)
Chapter 19.020 PURPOSE AND SCOPE
19.020.010 Purpose.
19.020.020 Scope.
19.020.010 Purpose.
The purpose of this Title the Zoning Code is to encourage, classify, designate, regulate, restrict and segregate the highest and best location and use of buildings, structures and land for agriculture, residence, commerce, trade, industry, water conservation or other purposes in appropriate places; to regulate and limit the height, number of stories and size of buildings and other structures hereafter erected or altered; to regulate and determine the size of yards and other open spaces; and, to regulate and limit the density of population and for such purpose to divide the City into zones of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement. Further, such regulations are deemed necessary to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provisions for community utilities and facilities such as transportation, water, sewerage, schools, parks and other public facilities; and, to promote the public health, safety and general welfare, all as part of the General Plan of the City.
(Ord. 6966 §1, 2007)
19.020.020 Scope.
Unless otherwise provided by law, the provisions contained in this Title the Zoning Code shall apply to all real property contained within the corporate limits of the City of Riverside. (Ord. 6966 §1, 2007)
Chapter 19.030 RELATIONSHIP TO OTHER PROVISIONS
19.030.010 Relationship to pPrior TitleCode.
19.030.020 Relationship to the General Plan.
19.030.030 Relationship to the California Environmental Quality Act.
19.030.010 Relationship to prior Title Code.
22 The provisions of this Title the Zoning Code, as it existed prior to the effective date of Ordinance No. 6966, are repealed and superseded in their entirety as provided in said Ordinance No. 6966. No provision of this Ttitle shall validate or legalize any land use or structure established, constructed, or maintained in violation of this Ttitle as it existed prior to its repeal by the Ordinance No. 6966. (Ord. 6966 §1, 2007)
19.030.020 Relationship to the General Plan.
This Titlee Zoning Code is intended to provide the legislative framework to implement the goals and policies of the City of Riverside General Plan.
(Ord. 6966 §1, 2007)
19.030.030 Relationship to the California Environmental Quality Act.23 When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., the application shall be reviewed in accordance with that Act, the provisions of this Ttitle, Public Resources Code Section 21000 et seq., Section 15000 et seq. of Title 14 of the California Code of Regulations (the CEQA Guidelines), and any environmental guidelines or regulations adopted by the City of Riverside. (Ord. 6966 §1, 2007)
Chapter 19.040 ZONING CODE APPLICABILITY
19.040.010 Prior rights and violations.
19.040.020 Public nuisance.
19.040.030 Continuation of an eExisting lLand uUse or sStructure.
19.040.040 Conflicts with other regulations.
19.040.050 Conflicts with oOverlay zZones.
19.040.060 Conflicts with specific plans.
19.040.070 Conflicts with development agreements.
19.040.080 Development applications in process.
19.040.090 Other requirements/permits.
19.040.100 Conflicting pPermits.
19.040.110 Public pProjects.
19.040.120 Severability, partial invalidation of Zoning Code. 22 Sec. 19.030.010. Relationship to prior zoning regulations. References to Ord. 6966 are stricken in that this title is the codification of 6966. (FOOTNOTE 332 IN EXHIBIT 2) 23 Sec. 19.030.030. Relationship to the California Environmental Quality Act. See suggested changes to clarify the state law citations. (FOOTNOTE 333 IN EXHIBIT 2)
19.040.010 Prior rights and violations.
The enactment of this Titlethe Zoning Code shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of this Ttitle.
(Ord. 6966 §1, 2007)
19.040.020 Public nuisance.
Neither the provisions of this Title the Zoning Code nor the approval of any permit authorized by this Title the Zoning Code shall authorize the maintenance of any public nuisance. (Ord. 6966 §1, 2007)
19.040.030 Continuation of an eExisting lLand uUse or sStructure.
It is unlawful and a violation of thise Riverside Municipal Code for anyone to use a parcel or structure in a manner that violates any provision of this Titlethe Zoning Code. However, a land use that was lawfully established before this Ttitle was enacted, or before enactment of any applicable amendment to this Titlethe Zoning Code, may continue. No expansion or modification to a pre-existing legal nonconforming use or structure shall be permitted except as allowed by Chapter 19.080 (Nonconformities) of this Titlee Zoning Code. It is the responsibility of the property owner to provide evidence or information to justify or establish nonconforming rights. Enforcement of this Ssection shall be in accordance with Article III (Nonconforming Provisions) of this Titlee Zoning Code.
(Ord. 6966 §1, 2007)
19.040.040 Conflicts with other regulations.
Where any conflict occurs between the provisions of this Titlethe Zoning Code and the provisions of other titles of this the Riverside Municipal Code or other regulations adopted by the City, the more restrictive provisions shall apply. Nothing contained in this Titlethe Zoning Code shall be deemed to repeal or amend any regulation of the City requiring a permit or license or both, nor shall anything in this Titlethe Zoning Code be deemed to repeal or amend other titles of this the Riverside Municipal Code. (Ord. 6966 §1, 2007)
19.040.050 Conflicts with oOverlay zZones.
In the event of any conflict between the requirements of this Title the Zoning Code and standards in an adopted Overlay Zone or Planned Residential Development, the requirements of the Overlay Zone or applicable Planned Residential Development shall govern. (Ord. 6966 §1, 2007)
19.040.060 Conflicts with specific plans.
In the event of any conflict between the requirements of this Titlethe Zoning Code and standards in an adopted specific plan, the requirements of the Specific Plan shall govern. (Ord. 6966 §1, 2007)
19.040.070 Conflicts with development agreements.
In the event of any conflict between the requirements of this Titlethe Zoning Code and standards in an adopted development agreement, the requirements of the development agreement shall govern. (Ord. 6966 §1, 2007)
19.040.080 Development applications in process.
Following the effective date of this Title the Zoning Code, or any amendment of this Title the Zoning Code, regulations of this Title the Zoning Code are applicable to all applications in process, except for any application deemed to have been previously submitted and complete by the Planning Division, in that case the prior zoning Code regulations, then in effect, shall apply. (Ord. 6966 §1, 2007)
19.040.090 Other requirements/permits.
Nothing in the Zoning Code eliminates the need for obtaining any other permits required by the City, or any permit or approval required by other provisions of this the Riverside Municipal Code or the regulations of any City department, including the successor agency to the Riverside Redevelopment Agency, or any county, regional, State, or Federal agency. (Ord. 6966 §1, 2007)
19.040.100 Conflicting pPermits.
After the effective date of this Titlee Zoning Code, or any amendment hereto, all permits for the use of land shall be issued in compliance with the provisions of this Titlee Zoning Code. Any permit issued after the effective date of this Titlee Zoning Code that conflicts with the provisions of this Titlee Zoning Code shall be deemed invalid.
(Ord. 6966 §1, 2007)
19.040.110 Public pProjects.
Notwithstanding any lawful exemptions to zoning regulations, the provisions of this Ttitle, except for the provisions of Chapter 19.570 (Water Efficient Landscaping and Irrigation), shall not apply to any buildings, improvements, lots or premises, owned, leased operated or controlled by the City or any City Project for public purposes by the City of Riverside.
(Ord. 7061 §1, 2009; Ord. 6966 §1, 2007)
2419.040.120 Severability, partial invalidation of Zoning Code.
If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. the City Council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.
(Ord. 6966 §1, 2007)
ARTICLE II. ZONING CODE ADMINISTRATION, INTERPRETATION AND
ENFORCEMENT
Chapter 19.050 - ADMINISTRATIVE RESPONSIBILITY
Chapter 19.060 - INTERPRETATION OF CODE
Chapter 19.070 - ENFORCEMENT
Chapter 19.050 ADMINISTRATIVE RESPONSIBILITY
19.050.010 Riverside Planning Agency.
19.050.020 Responsibilities of the City Council.
19.050.030 Responsibilities of the Planning Commission.
19.050.040 Responsibilities of the Community & Economic Development Director.
19.050.045 Responsibilities of the Staff Application Review TeamDevelopment Review Committee.
19.050.050 Responsibilities of the Public Works Director.
19.050.060 Responsibilities of the Building Official.
19.050.070 Responsibilities of the Cultural Heritage Board.
19.050.080 Creation of the Planning Commission.
19.050.010 Riverside Planning Agency.
A. California Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The City's Planning Agency is generally the Planning Division. The functions of the Planning Agency, as designated by this Titlethe Zoning Code, may be carried out by any one of the following, as further defined in this Cchapter and Zoning Code. In the absence of an assignment, the City Council shall have the Planning Agency responsibility and authority.
1. City Council
2. Planning Commission
24
3. Community & Economic Development Director
4. Staff Application Review TeamDevelopment Review Committee
5. Public Works Director
6. Building Official
7. Cultural Heritage Board
8. City Manager
Pursuant to Government Code Section 65105, planning agency personnel, in the performance of their functions, may enter upon any land and make examinations and surveys, provided that the entries, examinations, and surveys do not interfere with the use of the land by those persons lawfully entitled to the possession thereof.
(Ord. 7331 §1, 2016; Ord. 7235 §2, 2013; Ord. 6966 §1, 2007)
19.050.020 Responsibilities of the City Council.25
A. The City Council shall have the following responsibilities:
1. Appoint members of the Planning Commission.
2. Hear and act upon appeals of decisions of the Planning Commission, Staff Application Review TeamDevelopment Review Committee or Community & Economic Development Director as applicable, pursuant to Table 19.650.020 - Approving and Appeal Authority in Chapter 19.650 (Approving Authority).
3. Hear and act upon applications as required by Title 18 - Subdivision Code. In the event that applications for other land use permits are requested in conjunction with these entitlements, the City Council shall also be the final decision-making body for the other land use permits.
4. Direct planning-related policy amendments and special studies as necessary or desired.
5. Exercise such other powers and duties as are prescribed by State law or local ordinance.
6. Initiate amendments to this Titlethe Zoning Code.
7. Review and certify environmental documents prepared pursuant to the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., pursuant to the City Council adopted CEQA Resolution and any amendments thereto.
(Ord. 7331 §1, 2016; Ord. 6966 §1, 2007)
19.050.030 Responsibilities of the Planning Commission.26 A. The Planning Commission shall have the power and duties assigned to it pursuant to Article VIII, Section 806 of the City Charter.
B. The Planning Commission shall have the further responsibilities:
25 Sec. 19.050.020. Responsibilities of the city council. Citation is completed as shown. (FOOTNOTE 334 IN EXHIBIT 2)
26 Sec. 19.050.030. Responsibilities of the Planning Commission. Citation is completed as shown. (FOOTNOTE 335 IN EXHIBIT 2)
1. Hear and act on referrals by the Community & Economic Development Director and Staff Application Review TeamDevelopment Review Committee.
2. Hear and act upon applications as indicated in Section 19.650.020 of this Ttitle and Section
18.140.040 of the Subdivision Code (Approving and Appeal Authority Tables).
3. Hear and make recommendations to the City Council on applications or proposals for amendments to this Titlethe Zoning Code.
4. As appropriate, initiate studies of amendments to this Titlethe Zoning Code and General Plan, and make recommendations to the City Council for amendments to this Titlethe Zoning Code and General Plan.
5. Review the capital improvement program of the City and the local public works projects of other local agencies within the corporate boundaries of Riverside for their consistency with the City's General Plan, pursuant to Government Code Sections 65401 et. seq.
6. Exercise all duties previously given to the Board of Administrative Appeals and Zoning Adjustment.
7. Convene as an Accessibility Appeals Board, which Board shall be comprised of the three persons with disabilities and four members of the Planning Commission.
8. Exercise such other powers and duties as are prescribed by State law, local ordinance, or as directed by the City Council.
9. Review and approve environmental documents prepared pursuant to the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., pursuant to the City Council adopted CEQA Resolution and any amendments thereto.
10. Hear and act on Design Review matters pursuant to Chapter 19.710 (Design Review) of this Ttitle. (Ord. 7331 §1, 2016; Ord. 7235 §3, 2013; Ord. 6966 §1, 2007)
19.050.040 Responsibilities of the Community & Economic Development Director.
A. The Community & Economic Development Director or his/her designee shall have the responsibility and authority to administer and enforce this Titlethe Zoning Code as follows:
1. Maintain the chapters of this Titlethe Zoning Code, Zoning Map, and all records of zoning actions and interpretations.
2. Advise the City Council, Planning Commission, Cultural Heritage Board and City Manager on planning matters.
3. Provide administrative services and staff for meetings of the Planning Commission and Cultural Heritage Board.
4. Conduct administrative functions authorized by this Titlethe Zoning Code, including distribution and receipt of permit applications and corresponding fees; application review and public noticing; determination and issuance of administrative permits and approvals as per Table 19.650.020 (Approving and Appeal Authority); and preparation of staff reports with recommendations, proposed findings, and proposed conditions for discretionary and legislative actions by designated planning agencies.
5. Provide information to the public, and facilitate public participation on planning matters, promote an understanding of the General Plan and the regulations relating to it.
6. Exercise such other powers and duties as are prescribed by State law, local ordinance, or as directed by the City Council and/or City Manager.
7. Promote the coordination of local plans and programs with the plans and programs of other public agencies.
8. Conduct administrative functions authorized by Title 17 (Grading), Title 18 (Subdivision) and Title 20 (Cultural Resources).
9. Report on the General Plan consistency of Public Works projects, acquisitions, dispositions, etc. pursuant to Government Code Sections 65401 and 65402.
10. Report on the progress of the implementation of the General Plan on a regular basis. (Ord. 7331 §1, 2016; Ord. 7235 §4, 2013; Ord. 6966 §1, 2007)
19.050.045 Responsibilities of the Staff Application Review TeamDevelopment Review Committee.
The Staff Application Review Team Development Review Committee shall be the pre-designated group of City departments or divisions assembled forinvolved in the process of reviewing projects involving new construction, re-construction and/or other entitlement applications, each of which shall conduct administrative functions authorized by this Titlethe Zoning Code, including application review and issuance of administrative permits and approvals as per Table 19.650.020 (Approving and Appeal Authority), including the preparation of staff reports and recommendations, with proposed findings and proposed conditions for certain discretionary actions. The Staff Application Review Team Development Review Committee will not collectively vote, nor perform any collective function. Each department and division that is participating in the Staff Application Review Team Development Review Committee will retain and exercise its own approval authority in the Staff Application Review Team Development Review Committee process.
(Ord. <ulink class="ordbank" print="yes"
url="http://newords.muniCode.com/readordinance.aspx?ordinanceid=988206&datasource=ordbank" web="yes">7487</ulink> § 1, 11-5-2019; Ord. 7331 §1, 2016)
19.050.050 Responsibilities of the Public Works Director.
The Public Works Director or the authorized designee shall be the City Engineer and shall exercise the powers and duties as provided in this Titlethe Zoning Code, and any other applicable ordinance of the City.
(Ord. 7331 §1, 2016; Ord. 6966 §1, 2007)
19.050.060 Responsibilities of the Building Official.
The Building Official or the authorized designee shall issue building and sign permits in accordance with the provisions of this Titlethe Zoning Code and any other applicable ordinance of the City. (Ord. 7331 §1, 2016; Ord. 6966 §1, 2007)
19.050.070 Responsibilities of the Cultural Heritage Board.
The Cultural Heritage Board shall have the powers and responsibilities established in Title 20 - Cultural Resources of this the Riverside Municipal Code.
(Ord. 7331 §1, 2016; Ord. 6966 §1, 2007)
19.050.080 Creation of the Planning Commission.
Pursuant to Government Code Sections 65101 et seq., Section 806 of the City Charter and Chapter 2.40 of this the Municipal Code, the City Council, as the legislative body of the City of Riverside, creates the Planning Commission as follows:
A. Eligibility for office. A member of the Planning Commission shall be a resident of the City of Riverside. If a member moves his or her residence outside of the City, such member shall automatically be removed from office.
B. Membership and term. The Planning Commission shall consist of nine members appointed for a term of four years. Alternates may also be appointed by the City Council.
C. Vacancies. If a member of the Planning Commission is unable or unwilling to complete his or her term, the City Council shall fill the vacancy by appointing a qualified person to serve the remainder of the term.
D. Removal. Members of the Planning Commission serve at the pleasure of the City Council and may be removed from their position by a vote of a majority of the members of the City Council. No public hearing need be held prior to removal, and no cause for removal need be shown.
E. Meetings. The Planning Commission shall meet at least once each month on a regularly scheduled time and day, and at such other times as the chairperson deems necessary to perform the duties of the Commission.
F. Appointment of Officers. The Planning Commission shall elect a chairperson, vice-chairperson, secretary and sergeant-at-arms from among its members at a Commission meeting in March of every year. The chairperson, vice-chairperson, secretary and sergeant-at-arms shall serve at the pleasure of the Commission.
G. Rules. The Planning Commission shall adopt Rules for the transaction of its business, including rules for the election of officers.
H. Record of proceedings. The Planning Commission shall maintain summary minutes and a taped recording of its proceedings. The taped recording shall be retained as set forth in the City's record retention policy.
I. Administrative support. The Community & Economic Development Director or his/her designee shall be responsible for the administration of this Ssection and shall assist the Planning Commission in performing its functions.
(Ord. 7331 §1, 2016; Ord. 7235 §5, 2013; Ord. 6966 §1, 2007) Chapter 19.060 INTERPRETATION OF CODE
19.060.010 Purpose.
19.060.020 Applicability and authority for interpretations.