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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING VARIOUS SECTIONS OF TITLES 18 – 20 OF THE
RIVERSIDE MUNICIPAL CODE.
The City Council of the City of Riverside does ordain as follows:
Section 1: The title of Article I of Title 18, Subdivisions, of the Riverside Municipal Code is amended as follows:
“ARTICLE I. –ENACTMENT AND APPLICABILITY”
Section 2: The title of Article II of Title 18, Subdivisions, of the Riverside Municipal Code is amended as follows:
“ARTICLE II. – ADMINISTRATION, INTERPRETATION AND ENFORCEMENT” Section 3: The title of Article IV of Title 18, Subdivisions, of the Riverside Municipal Code is amended as follows:
“ARTICLE IV. – FILING AND APPROVAL PROCESS”
Section 4: The title of Article V of Title 18, Subdivisions, of the Riverside Municipal Code is amended as follows:
“ARTICLE V. – PERMITS ”
Section 5: The title of Chapter 18.010 of the Riverside Municipal Code is amended as follows:
“Chapter 18.010 ENACTMENT”
Section 6: Section 18.010.010 of the Riverside Municipal Code is deleted as follows:
“Section 18.010.010 - Title.
This Title 18 constitutes, and may be referred to as, the Subdivision Code of the City of Riverside.” Section 7: Section 18.010.020 of the Riverside Municipal Code is amended as follows:
“Section 18.010.010 Authority.
This Title 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 2 1
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RIVERSIDE, CA 92522
(951) 826-5567
65000 et seq.) and the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.).”
Section 8: Section 18.010.030 of the Riverside Municipal Code is deleted as follows:
“Section 18.010.030 - Adoption of Code.
This Subdivision Code, the comprehensive subdivision regulations of the City, is hereby adopted in conformance with current State planning, zoning, subdivision and related development laws.” Section 9: Section 18.020.010 of the Riverside Municipal Code is amended as follows:
“Section 18.020.010 Purpose.
The purpose of this Title is to regulate and control the design and improvement of subdivisions in order to achieve the following purposes:
. . .”
Section 10: Section 18.020.020 of the Riverside Municipal Code is amended as follows:
“Section 18.020.020 Scope.
Unless otherwise provided by law, the provisions contained in this Title shall apply to all real property contained within the corporate limits of the City of Riverside.” Section 11: Section 18.030.010 of the Riverside Municipal Code is amended as follows:
“Section 18.030.010 Relationship to prior Title.
The provisions of this Title, as it existed prior to the effective date of Ordinance No. 6968, are repealed and superseded as provided in the ordinance enacting this Title. No provision of this Title shall validate or legalize any subdivision established or maintained in violation of this Title as it existed prior to repeal by the ordinance enacting this Title.”
Section 12: Section 18.030.020 of the Riverside Municipal Code is amended as follows:
“Section 18.030.020 Relationship to the zoning regulations .
All maps approved pursuant to the provisions of this Title shall conform with the City's Zoning regulations (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 3 1
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RIVERSIDE, CA 92522
(951) 826-5567
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. (Note: Compliance with this Code 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:
. . .”
Section 13: Section 18.030.030 of the Riverside Municipal Code is amended as follows:
“Section 18.030.030 Relationship to the General Plan, Specific Plan and Street Alignments.
All maps approved pursuant to the provisions of this Title 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.” Section 14: Section 18.030.040 of the Riverside Municipal Code is amended as follows:
“Section 18.030.040 Relationship to the Subdivision May Act.
The provisions of this Title 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 Title shall apply to all subdivisions, subdivision maps and proceedings under this Title.” Section 15: Section 18.030.050 of the Riverside Municipal Code is amended as follows:
“Section 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, 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 4 1
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(951) 826-5567
guidelines/regulations adopted by the City of Riverside Resolution 21106, or any subsequent revision thereto.”
Section 16: The title of Chapter 18.040 of the Riverside Municipal Code is amended as follows:
“Chapter 18.040 APPLICABILITY”
Section 17: Section 18.040.010 of the Riverside Municipal Code is amended as follows:
“Section 18.040.010 Prior rights and violations.
The enactment of this Title 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.” Section 18: Section 18.040.020 of the Riverside Municipal Code is amended as follows:
“Section 18.040.020 Conflicts with other regulations.
Where any conflict occurs between the provisions of this Title and the provisions of other titles of this Code or other regulations adopted by the City, the more restrictive provisions shall apply. Nothing contained in this Title 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 be deemed to repeal or amend other titles of this Code.”
Section 19: The title of Chapter 18.050 of the Riverside Municipal Code is amended as follows:
“Chapter 18.050 ADMINSTRATION”
Section 20: Section 18.050.010 of the Riverside Municipal Code is amended as follows:
“Section 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 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 Title; 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 Title. 5 1
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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 Title.
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 Title.
. . .”
Section 21: Section 18.050.020 of the Riverside Municipal Code is amended as follows:
“Section 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 and any other applicable Codes or ordinances of the City.” Section 22: Section 18.050.030 of the Riverside Municipal Code is amended as follows:
“Section 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 Title and any other applicable Codes or ordinances of the City.
. . .”
Section 23: Section 18.050.040 of the Riverside Municipal Code is amended as follows:
“Section 18.050.040 City Traffic Engineer.
The office of City Traffic Engineer is established under Section 10.08.030 of this Code.” Section 24: Section 18.050.050 of the Riverside Municipal Code is amended as follows:
“Section 18.050.050 Building Official.
The office of Building Official is established under Section 16.08.020 of this Code.” / /
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RIVERSIDE, CA 92522
(951) 826-5567
Section 25: Section 18.050.060 of the Riverside Municipal Code is amended as follows:
“Section 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 Title.” Section 26: Section 18.050.070 of the Riverside Municipal Code is amended as follows:
“Section 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 title and of the Subdivision Map Act, Government Code § 66410 et seq.”
Section 27: The title of Chapter 18.060 of the Riverside Municipal Code is amended as follows:
“Chapter 18.060 INTREPRETATION”
Section 28: Section 18.060.010 of the Riverside Municipal Code is amended as follows:
“Section 18.060.010 Purpose.
The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in the regulations of this Title and to ensure consistent interpretation and application of this Title.” / /
/ /
Section 29: Section 18.060.020 of the Riverside Municipal Code is amended as follows:
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RIVERSIDE, CA 92522
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“Section 18.060.020 Applicability and authority for interpretations.
If ambiguity arises concerning the meaning or applicability of any provision of this Title, 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.” Section 30: Section 18.060.030 of the Riverside Municipal Code is amended as follows:
“Section 18.060.030 Rules and interpretations.
A. Number of Days. Whenever the number of days is specified in this Title, or in any permit, condition of approval, or notice issued or given as provided in this Title, 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.
B. Minimum Requirements. In interpreting and applying the provisions of this Title, 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 Title imposes a greater restriction upon the use of buildings or land or requires larger open spaces than are imposed or required by this Title or other Titles, rules, regulations or by easements, covenants or agreements, the provisions of this Title shall control.
C. Intent. Whenever there is any question regarding the interpretation of the provisions of this Title or their application to any specific case or situation, the Community & Economic Development Director shall interpret the intent of this Title. The Community & Economic Development Director shall have the authority to forward to the Planning Commission any question regarding interpretation.” Section 31: Section 18.060.040 of the Riverside Municipal Code is amended as follows:
“Section 18.060.040 Appeals and interpretations.
A. Once the Community & Economic Development Director has identified the ambiguity and considered relevant information, an official interpretation of this Title 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 Chapter shall be clarified by amendment as soon as is practical.” 8 1
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Section 32: Section 18.070.010 of the Riverside Municipal Code is amended as follows:
“Section 18.070.010 Enforcement authority.
It shall be the duty of the City and all officers of the City to enforce this Title. Any condition imposed as part of an approved subdivision case shall also be enforceable by the appropriate City officials.” Section 33: Section 18.070.020 of the Riverside Municipal Code is amended as follows:
“Section 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 title or the Subdivision Map Act, Government Code § 66410 et seq., until said final map or parcel map in full compliance with this Title and the Subdivision Map Act has been filed for record with the Riverside County Recorder.” / /
Section 34: Section 18.070.030 of the Riverside Municipal Code is amended as follows:
“Section 18.070.030 Penalties.
Each violation of this Title 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 title and the Subdivision Map Act, Government Code § 66410 et seq.” Section 35: Section 18.070.040 of the Riverside Municipal Code is amended as follows:
“Section 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 Title 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 9 1
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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.” Section 36: Section 18.070.050A of the Riverside Municipal Code is amended as follows:
“Section 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 Title 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.”
Section 37: Section 18.080.010. of the Riverside Municipal Code is amended as follows:
“Section 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 Title and other applicable Codes, and possible improvements in the design of the subdivision.” Section 38: Section 18.080.020. of the Riverside Municipal Code is amended as follows:
“Section 18.080.020 Requirements for filing.
For information on filing a map see Article 4: Requirements for Filing and Approval in this Title.” Section 39: Section 18.080.030. of the Riverside Municipal Code is amended as follows:
“Section 18.080.030 Tentative tract maps required.
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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 Title.” Section 40: Section 18.080.040. of the Riverside Municipal Code is amended as follows:
“Section 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;
. . .
5. Or the land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 18.080.080 Environmental Subdivision Maps. . . .”
Section 41: Section 18.080.050. of the Riverside Municipal Code is amended as follows:
“Section 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 Title, requires the filing of a tentative tract map or tentative parcel map, in accordance with the following:
. . .
C. Notwithstanding Subdivision 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 Subdivision B, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:
. . .
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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:
. . .
2. The initial time period set forth in Subsection 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 Subsection 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 Subsection 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 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 Code to eliminate the inconsistency. If the change in Title 19 of this Code is obtained, the approved or conditionally approved tentative vesting map shall, notwithstanding Subsection C., confer the vested right to proceed with the development in substantial compliance with the change in Title 19 of this Code and the map, as approved. The rights conferred by this Section shall be for the time periods set forth in Subsection 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 Subsections 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.” Section 42: Section 18.080.070. of the Riverside Municipal Code is amended as follows:
“Section 18.080.070 Tentative condominium maps.
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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.”
Section 43: Section 18.080.075. of the Riverside Municipal Code is amended as follows:
“Section 18.080.075 Tentative condominium conversion maps.
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. 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 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 Subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail. . . .
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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 Subdivision 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. . . .
5. This Section 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 Title, 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 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).” Section 44: Section 18.080.080. of the Riverside Municipal Code is amended as follows:
“Section 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:
. . .
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. 14 1
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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 Section and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, of the land. each of the following:
. . .”
Section 45: Section 18.080.090. of the Riverside Municipal Code is amended as follows:
“Section 18.080.090 Tentative maps not required.
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. . . .
E. Leases of agricultural land for agricultural purposes. As used in this Subdivision, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. . . .
H. The construction, financing or leasing of dwelling units pursuant to Government Code Section 65852.1 or accessory dwelling units pursuant to Government Code § 66314 et seq., but this Section 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.
. . .
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 15 1
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map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement or a license. . . .”
Section 46: Section 18.080.120. of the Riverside Municipal Code is amended as follows:
“Section 18.080.120 Tentative map revisions.
Any revision of a tentative map or portion thereof shall comply with all requirements of this Title, 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.”
Section 47: Section 18.080.150A of the Riverside Municipal Code is amended as follows:
“Section 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 Chapter, 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.”
Section 48: Section 18.080.160 of the Riverside Municipal Code is amended as follows:
“Section 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. Before a map may thereafter be recorded, a new tentative map shall be processed in accordance with the provisions of this chapter.”
Section 49: Section 18.080.170 of the Riverside Municipal Code is amended as follows:
“Section 18.080.170 Time extensions.
Extensions of time may be granted in accordance with Section 18.180.030 Permit Time Limits of this Title.”
Section 50: Section 18.085.010 of the Riverside Municipal Code is amended as follows:
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“Section 18.085.010 Applicability.
The provisions of this Chapter are applicable to all parcels created pursuant to California Government Code Section 66411.7, otherwise known as Senate Bill 9.” Section 51: Section 18.085.060 of the Riverside Municipal Code is amended as follows:
“Section 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 Code. . . .
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 Subparagraph (C) of Paragraph (11) of Subdivision (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 Chapter 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 Chapter restricting rental or lease of any unit on the property for a term longer than 30 days. . . .
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 Code.”
Section 52: Section 18.085.070 of the Riverside Municipal Code is deleted as follows:
“Section 18.085.070 Severability.
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 17 1
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without the invalid provision or application and to this end the provisions of this ordinance and chapter are declared to be severable.”
Section 53: Section 18.090.010 of the Riverside Municipal Code is amended as follows:
“Section 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 Chapter.” / /
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Section 54: Section 18.090.020 of the Riverside Municipal Code is amended as follows:
“Section 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 Chapter 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.”
Section 55: Section 18.090.060B of the Riverside Municipal Code is amended as follows:
“Section 18.090.060 Procedure.
B. City Engineer and City Surveyor action. The City Engineer and City Surveyor shall, within 20 working days 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 Title, 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 18 1
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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 Title 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.” Section 56: Section 18.100.010 of the Riverside Municipal Code is amended as follows:
“Section 18.100.010 Applicability.
The provisions of this Chapter 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.”
Section 57: Section 18.100.030 of the Riverside Municipal Code is amended as follows:
“Section 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 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.
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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.
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.
D. A lot unmerger is the ability to unmerge lots previously merged. All procedures and processes associated with the unmerging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act, Government Code § 66410 et seq.”
Section 58: Section 18.100.060 of the Riverside Municipal Code is amended as follows:
“Section 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 Chapter.”
Section 59: Section 18.100.070 of the Riverside Municipal Code is amended as follows:
“Section 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 Title.”
Section 60: Section 18.110.010 of the Riverside Municipal Code is amended as follows:
“Section 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. 20 1
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. . .”
Section 61: Section 18.110.050 of the Riverside Municipal Code is amended as follows:
“Section 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 Chapter.” Section 62: Section 18.110.060 of the Riverside Municipal Code is amended as follows:
“Section 18.110.060 Time extension.
Extensions of time may be granted in accordance with Section 18.180.130 Permit Time Limits of this Title.”
Section 63: Section 18.120.010 of the Riverside Municipal Code is amended as follows:
“Section 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 Title. 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 Title. 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 Title.
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 Title, and conditions are imposed. . . .”
Section 64: Section 18.120.020 of the Riverside Municipal Code is amended as follows:
“Section 18.120.020 Determination of compliance by the City Surveyor. 21 1
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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 Title which were applicable at the time the property was divided. The applicant shall be notified in writing of such determination.”
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Section 65: Section 18.120.030A of the Riverside Municipal Code is amended as follows:
“Section 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 Title 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.”
Section 66: Section 18.120.040 of the Riverside Municipal Code is amended as follows:
“Section 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 Title 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 22 1
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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 Title, 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 Title, and 23 1
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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. . . .”
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Section 67: Section 18.120.050E of the Riverside Municipal Code is amended as follows:
“Section 18.120.050 Required information on certificates.
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 of this 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”
Section 68: Section 18.130.020 of the Riverside Municipal Code is amended as follows:
“Section 18.130.020 Maps, permits and actions covered by this Title. . . .
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 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.
. . .”
Section 69: Section 18.140.010 of the Riverside Municipal Code is amended as follows:
“Section 18.140.010 Purpose.
This Chapter identifies the designated approving authority for the review of maps, permits and actions required by this Title.”
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Section 70: Section 18.140.020A of the Riverside Municipal Code is amended as follows:
“Section 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 Title. 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 Title.”
Section 71: Section 18.140.040 of the Riverside Municipal Code is amended as follows:
“Section 18.140.040 Approving and appeal authority table. . . .
(1) Decisions of the City Council are final and cannot be appealed. . . .
(4) See Title 19 (Zoning) of this Code, Section 19.650.020.C.2 - Designated Approving Authority . . .
(6) As set forth in this Title, either the Community & Economic Development Director or the City Surveyor shall be the approving authority for the action listed. . . .”
Section 72: Section 18.150.010 of the Riverside Municipal Code is amended as follows:
“Section 18.150.010 Purpose.
This Chapter establishes standard procedures for maps, permits and actions, both administrative and those requiring a public hearing.”
Section 73: Section 18.150.015 of the Riverside Municipal Code is amended as follows:
“Section 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 Title, for any project authorized under this Title.”
Section 74: Section 18.150.020 of the Riverside Municipal Code is amended as follows:
“Section 18.150.020 Application submittal.
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All applications for maps and permits pertaining to this Title 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.”
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Section 75: Section 18.150.030 of the Riverside Municipal Code is amended as follows:
“Section 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 Title.
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 Title. .” Section 76: Section 18.150.040 of the Riverside Municipal Code is amended as follows:
“Section 18.150.040 Initial application completeness review.
All applications filed with the Planning Division in compliance with this Title 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 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.
. . .
E. Nothing in this chapter precludes the applicant and the City from mutually agreeing to an extension of any time limit provided by this Chapter.”
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Section 77: Section 18.150.050 of the Riverside Municipal Code is amended as follows:
“Section 18.150.050 Submittal requirements.
A. General requirements.
1. Every application for a map or permit pursuant to this Title 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. . . .
B. Additional requirements for tentative tract, parcel, vesting, reversion to acreage, condominium and environmental subdivision maps.
. . .
2. 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;
. . .
(6) Building, landscaping, irrigation and sign plans when required for the project by Title 19 of this Code or application for development plan or plot plan approval when required by Title 19 of the Riverside Municipal Code;
. . .
(9) An acoustical study approved by the Building Official for properties requiring such studies by Title 16 of this Code;
. . .
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:
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a. An approved tentative map meeting the requirements of this Title for a tentative map and conforming to the approved configuration and revisions as stipulated by the approving or appeal authority;
. . .
C. Final tract, parcel, vesting, reversion to acreage, condominium and environmental subdivision maps.
1. General requirements. The final map shall:
. . .
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 Title, all other applicable Codes, Specific Plans, General Plan and planned street lines that are in effect as of the filing date; . . .
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;
. . .”
Section 78: Section 18.150.070 of the Riverside Municipal Code is amended as follows:
“Section 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.
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Pursuant to Section 66451.2, fees may be collected from the subdivider for expenses incurred under this Section.
1. Indemnification.
. . .
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 Section 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 Section, the City shall retain the right to approve:
. . .
B. Filing of lot line adjustments, consolidations and merger/unmergers. 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, zoning, and building regulations, 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. . . .
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 Title. . . .”
Section 79: Section 18.150.080 of the Riverside Municipal Code is amended as follows:
“Section 18.150.080 Subdivision Committee.
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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. 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 Title and other applicable Codes, and conformity of the proposed uses with General Plan and city zoning regulations in Title 19 of this 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.
Copies of the report may be transmitted to other public or private agencies affected by the proposed subdivision.”
Section 80: Section 18.150.100 of the Riverside Municipal Code is amended as follows:
“Section 18.150.100 Community & Economic Development Director review. 30 1
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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.
. . .
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 Government Code § 65451.
. . .
(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 Subsection 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:
. . .
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 19.720 of this Code. . . .
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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 Code. . . .
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 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.
. . .
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 Title 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 Title 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 Title 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.
. . .
D. Certificate of Compliance.
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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 Chapter, if it finds that the property was divided in violation of the Subdivision Map Act, Government Code § 66410 et seq., or this Title 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 Subsection 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. . . .
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 Title 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 Subsection 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.” 33 1
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Section 81: Section 18.150.110 of the Riverside Municipal Code is amended as follows:
“Section 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:
. . .
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 Title unless in conjunction therewith modifications are approved pursuant to Chapter 18.230 Modifications. . . .
B. Tentative tract, vesting and reversion to acreage maps. 34 1
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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 Title, Title 19, and other applicable provisions of this Code.
2. The Planning Commission action shall be based on conformity of the tentative tract or tentative vesting map with this Title, 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 Government Code § 65451;
. . .
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 Subsection 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.
. . .”
Section 82: Section 18.150.130A of the Riverside Municipal Code is amended as follows:
“Section 18.150.130 Notice of decision.
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A. A notice of decision shall be required for maps and permits in accordance with the provisions of this Section.”
Section 83: Section 18.160.010 of the Riverside Municipal Code is amended as follows:
“Section 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 Title.
B. Public hearings shall be required for tentative tract, vesting, reversion to acreage, condominium and environmental subdivision maps identified in this Title. The hearing(s) shall be held before the designated approving or appeal authority pursuant to Section 18.050.010 Approving and Appeal Authority.”
Section 84: Section 18.160.020 of the Riverside Municipal Code is amended as follows:
“Section 18.160.020 Notice of hearing for discretionary permits reviewed by planning commission.
When a provision of this Title requires notice of a public hearing to be given, notice shall be given per Section 19.670 of this Code.”
Section 85: Section 18.160.050 of the Riverside Municipal Code is amended as follows:
“Section 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 Title 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.” Section 86: Section 18.160.060 of the Riverside Municipal Code is amended as follows:
“Section 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 Title shall not constitute grounds for any court to invalidate the actions of a designated Approving or Appeal Authority for which the notice was given.”
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Section 87: Section 18.160.070A of the Riverside Municipal Code is amended as follows:
“Section 18.160.070 Hearing procedure.
A. Hearings and public meetings as provided for in this Chapter shall be held at the date, time, and place for which notice has been given as required in this Chapter. The designated approving or appeal authority shall conduct the public hearing and hear testimony.” Section 88: Section 18.170.010 of the Riverside Municipal Code is amended as follows:
“Section 18.170.010 Purpose.
This Section 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 Section conflict with other provisions of other sections of this Code, the appeal provisions of this Section shall apply with regard to subdivision matters.” Section 89: Section 18.170.020A of the Riverside Municipal Code is amended as follows:
“Section 18.170.020 Appeal applicability and authority.
A. Any person dissatisfied with an interpretation or action of an approving authority made pursuant to this Title 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 Section. 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.”
Section 90: Section 18.180.010 of the Riverside Municipal Code is amended as follows:
“Section 18.180.010 Purpose.
This Chapter 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.” Section 91: Section 18.180.030 of the Riverside Municipal Code is amended as follows:
“Section 18.180.030 Permit time limits.
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Any permit granted pursuant to this Title 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.” / /
Section 92: Section 18.180.040 of the Riverside Municipal Code is amended as follows:
“Section 18.180.040 Voiding of maps or permits.
Any map or permit granted pursuant to this Title 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.”
Section 93: Section 18.180.050C of the Riverside Municipal Code is amended as follows:
“Section 18.180.050 Map approval and permit time extension.
C. Granting of stay. The period of time specified in Subdivision 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 Subdivision 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.”
Section 94: Section 18.180.070 of the Riverside Municipal Code is amended as follows:
“Section 18.180.070 Permit to run with land.
Maps and permits and approvals granted pursuant to the provisions of this Title 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.” Section 95: Section 18.200.010 of the Riverside Municipal Code is amended as follows:
“Section 18.200.010 Grading.
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Every map approved pursuant to this Title shall be comply with the City's excavation and grading regulations as set forth in Titles 16 and 17 of this Code.” Section 96: Section 18.210.010 of the Riverside Municipal Code is amended as follows:
“Section 18.210.010 Applicability.
This chapter is applicable to all permits governed by this Title.” Section 97: Section 18.210.030 of the Riverside Municipal Code is amended as follows:
“Section 18.210.030 Streets.
Parts "A" through "K" of this Section apply to both public and private streets. . . .
C. Curves and tangents. Street curves and tangents shall be as provided in this Subsection, 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 Subsection, 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.
. . .
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 Subsection, 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 39 1
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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. . . .
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 Title 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.
. . .
N. Private streets. Private streets are generally used in single family residential developments. In addition to Paragraphs A through K above, private streets shall also comply with the following:
. . .”
Section 98: Section 18.210.060 of the Riverside Municipal Code is amended as follows:
“Section 18.210.060 Telecommunications.
A. The design of any subdivision, for which a tentative map or a parcel map is required by this Title, 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 Section, means those franchised to serve the geographical area in which the subdivision is located.
B. In furtherance of Subsection A of this Section, 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 Section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.”
Section 99: Section 18.210.080 of the Riverside Municipal Code is amended as follows:
“Section 18.210.080 Lots.
. . .
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B. Lot size. The minimum area and dimensions of all lots shall conform with the requirements of Title 19 of this Code.
. . .
D. Access to streets. Every lot for building purposes shall have direct vehicular access to a street meeting the minimum requirements of this Title 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 Chapter 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; . . .
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 Code.
I. Cluster developments. Subdivisions may be arranged in a cluster fashion, in compliance with the planned residential development regulations indicated in Section 19.780 of this Code.
J. Cul-de-sac lots, and knuckle lots. For purposes of this Chapter, 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. . . .”
Section 100: Section 18.220.020A of the Riverside Municipal Code is amended as follows:
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“Section 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 Chapter, means one or more of the following:” Section 101: Section 18.220.050 of the Riverside Municipal Code is amended as follows:
“Section 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.” Section 102: Section 18.220.060 of the Riverside Municipal Code is amended as follows:
“Section 18.220.060 Work required.
The improvements required by this Chapter 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:
. . .
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 Section, and he shall make the necessary arrangements with the serving utility companies for the installation of such facilities.
For the purpose of this Subsection, 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 Subsection 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; . . .
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P. All work and improvements contemplated by and performed under the provisions of this Title 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.” / /
Section 103: Section 18.220.070 of the Riverside Municipal Code is amended as follows:
“Section 18.220.070 Arterial street improvements.
. . .
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 Title, 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 Title for one-half of the street, including onehalf 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.
Section 104: Section 18.220.080 of the Riverside Municipal Code is amended as follows:
“Section 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 Title, with the following additions and modifications:
. . .”
Section 105: Section 18.220.090 of the Riverside Municipal Code is amended as follows:
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“Section 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 Title with the following additions and modifications:
. . .
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 Title.
. . .”
Section 106: Section 18.220.110 of the Riverside Municipal Code is amended as follows:
“Section 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 Title 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 Section, means those franchised to serve the geographical area in which the subdivision is located. 44 1
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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 Subsection A of this Section 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 Subsection A of this Section 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.”
Section 107: Section 18.220.120 of the Riverside Municipal Code is amended as follows:
“Section 18.220.120 Preinstalled improvements.
If the subdivider completes all improvements required by this Title 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 Title, 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 Title, 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 Title, which cost shall be ascertained by the City Engineer; but in no event shall said penal sum be less than $300.00.” Section 108: Section 18.230.010 of the Riverside Municipal Code is amended as follows:
“Section 18.230.010 Modification authorized.
Modifications from the improvement requirements of this Title may be granted pursuant to the procedures set forth in this Chapter.”
Section 109: Section 18.230.030 of the Riverside Municipal Code is amended as follows:
“Section 18.230.030 Approving/appeal authority.
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. . .
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 Title, and required conformance would result in undue hardship; . . .
D. That granting the modification is in accordance with the purposes set forth in this Title; E. That granting the modification is not contrary to the objectives of the zoning regulations set forth in Title 19 of this Code and the General Plan.”
Section 110: Section 18.240.020 of the Riverside Municipal Code is amended as follows:
“Section 18.240.020 Drainage fees.
A. This Section 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.
. . .
H. Drainage fees required by this Section 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.
. . .”
Section 111: Section 18.240.030 of the Riverside Municipal Code is amended as follows:
“Section 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 Code, the City may, in-lieu of an offer of parkland dedication, 46 1
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impose a fee as a condition of development. The amount of this fee shall be determined by resolution of the City Council.”
Section 112: Section 18.260.010 of the Riverside Municipal Code is amended as follows:
“Section 18.260.010 Purpose and applicability.
For the purposes of this Title, 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, refer to Section 18.06.030 Rules and Interpretations. For terminology used in this Title but not defined in this title, the definitions used elsewhere in this Code, the Building Code or accepted dictionaries of the English language shall govern.”
Section 113: Section 18.260.020 of the Riverside Municipal Code is amended as follows:
“Section 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 Title. . . .”
Section 114: Section 18.260.040 of the Riverside Municipal Code is amended as follows:
“Section 18.260.040 “C” Definitions.
City Engineer is the duly appointed Engineer 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 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 title. See definition in Title 19.
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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. See definition in Title 19. . . .”
Section 115: Section 18.260.070 of the Riverside Municipal Code is amended as follows:
“Section 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 Title. See definition in Title 19.
. . .”
Section 116: Section 18.260.200 of the Riverside Municipal Code is amended as follows:
“Section 18.260.200 “S” Definitions.
Safety lighting means the level of light necessary for nighttime safety of outdoor areas. . . .
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 Code.
. . .
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 Subdivision (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. . . .
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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 4125 of 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.” Section 117: Section 18.260.210 of the Riverside Municipal Code is amended as follows:
“Section 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 Section 18.080.080 Tentative 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 Title and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.
. . .”
Section 118: Section 18.260.230 of the Riverside Municipal Code is amended as follows:
“Section 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 49 1
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4125, and community apartment projects as defined in California Business and Professions Code Section 11004.
. . .”
Section 119: Section 18.260.270 of the Riverside Municipal Code is amended as follows:
“Section 18.260.270 “Z” Definitions.
Section 120: Section 19.010.010 of the Riverside Municipal Code is deleted as follows:
“Section 19.010.010 - Title.
This Title 19 constitutes, and may be referred to as, the Zoning Code of the City of Riverside, or this title.”
Section 121: Section 19.010.020 of the Riverside Municipal Code is amended as follows:
“Section 19.010.010 Authority.
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 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.” Section 122: Section 19.010.030 of the Riverside Municipal Code is amended as follows:
“Section 19.010.020 Adoption of code and map.
The 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.”
Section 123: Section 19.030.010 of the Riverside Municipal Code is amended as follows:
“Section 19.030.010 Relationship to Prior Title.
The provisions of 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 Title shall validate or legalize any land use or structure established, constructed, or maintained in violation of this Title as it existed prior to its repeal.” / /
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Section 124: Section 19.030.030 of the Riverside Municipal Code is amended as follows:
“Section 19.030.030 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 that Act, the provisions of this Title, 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.”
Section 125: Section 19.040.090 of the Riverside Municipal Code is amended as follows:
“Section 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 Code or the regulations of any City department, including Successor Agency to the Riverside Redevelopment Agency of the City, or any county, regional, State, or Federal agency.”
Section 126: Section 19.040.120 of the Riverside Municipal Code is deleted as follows:
“Section 19.040.120 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.”
Section 127: Section 19.050.010 of the Riverside Municipal Code is amended as follows:
“Section 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 the Zoning Code, may be carried out by any one of the following, as further defined in this chapter and Zoning Code. In the absence of an assignment, the City Council shall have the Planning Agency responsibility and authority.
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1. City Council
. . .
4. Staff Application Review Team
. . .”
Section 128: Section 19.050.020 of the Riverside Municipal Code is amended as follows:
“Section 19.050.020 – Responsibilities of the City Council.
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 Team or Community & Economic Development Director as applicable, pursuant to Table
19.650.020 - Approving and Appeal Authority in Chapter 19.650 (Approving Authority). . . .
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.” Section 129: Section 19.050.030 of the Riverside Municipal Code is amended as follows:
“Section 19.050.030 Responsibilities of the Planning Commission. . . .
B. The Planning Commission shall have the further responsibilities:
1. Hear and act on referrals by the Community & Economic Development Director and Staff Application Review Team.
. . .
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. . . .”
/ /
Section 130: Section 19.050.045 of the Riverside Municipal Code is amended as follows:
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“Section 19.050.045 Responsibilities of the Staff Application Review Team.
The Staff Application Review Team shall be the group of City departments or divisions assembled for the process of reviewing projects involving new construction, re-construction and/or other entitlement applications, each of which shall conduct administrative functions authorized by the 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 will not collectively vote, nor perform any collective function.
Each department and division that is participating in the Staff Application Review Team will retain and exercise its own approval authority in the Staff Application Review Team process.” Section 131: Section 19.060.030 of the Riverside Municipal Code is amended as follows:
“Section 19.060.030 Rules and interpretations.
A. Number of days. Whenever the number of days is specified in the Zoning Code, or in any permit, condition of approval, or notice issued or given as provided in the Zoning Code, 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.
B. Minimum requirements. In interpreting and applying the provisions of the Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the Zoning Code imposes a greater restriction upon the use of buildings or land or requires larger open spaces than are imposed or required by this Code or other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of the Zoning Code shall control.
C. Intent. Whenever there is any question regarding the interpretation of the provisions of the Zoning Code or their application to any specific case or situation, the Community & Economic Development Department Director or his/her designee, shall interpret the intent of the Zoning Code. The Community & Economic Development Director or his/her designee shall have the authority to forward to the Planning Commission any question regarding interpretation.
D. Boundary interpretations. Where uncertainty exists as to the boundary of any zone shown on the Official Zoning Map, the following rules shall apply:
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. . .”
Section 132: The title of Article III of Title 19, Nonconforming Provisions, of the Riverside Municipal Code is amended as follows:
“ARTICLE III. – NONCONFORMING LOTS, STRUCTURES, AND USES ” Section 133: The title of Division I of Chapter 19.080, General Nonconforming Provisions Lots, Structures and Uses, of the Riverside Municipal Code is amended as follows:
“DIVISION I – GENERAL NONCONFORNING LOTS, STRUCTURES AND USES” / /
Section 134: Section 19.170.040 of the Riverside Municipal Code is amended as follows:
“Section 19.170.040 Permitted Uses.
The following table establishes the permitted land uses and uses permitted subject to the approval of a minor conditional use permit (Chapter 19.730 - Minor Conditional Use Permit) in the ID Overlay Zone Sub-Districts. Table 19.240.040 also identifies those uses that are specifically prohibited. Uses not listed in the table are prohibited unless the Community & Economic Development Department Director, or his/her designee, pursuant to Chapter 19.060 (Interpretation of Code), determines that the use is similar and no more detrimental than a listed permitted or conditional use. Any use which is prohibited by state and/or federal law is also strictly prohibited.” Section 135: Section 19.255.030 of the Riverside Municipal Code is amended as follows:
“Section 19.255.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to assemblies of people—non-entertainment uses unless otherwise specified here.
A. General requirements.
1. Parking.
a. Parking shall be provided in accordance with Chapter 19.580 (Parking and Loading). In determining the adequacy of parking to serve an assemblies of people—non-entertainment use, the Staff Application Review Team or Planning Commission, as applicable, shall take into account such factors as off-peak hours of operation of the use relative to other uses within the complex. The Staff Application Review Team or Planning Commission, as applicable, may impose such conditions as 54 1
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necessary on the operating hours and characteristics of the operations to provide for adequate parking at all times.
. . .”
Section 136: Section 19.290.030 of the Riverside Municipal Code is amended as follows:
“Section 19.290.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to day care centers unless otherwise specified here.
A. Site location standards.
. . .
B. Operation and development standards.
1. The applicant has or will obtain all licenses and permits required by State law for operation of the facility. The applicant shall keep all State licenses or permits valid and current. . . .
6. Any additional conditions regarding safety and access deemed necessary or desirable by the Staff Application Review Team.”
Section 137: Section 19.310.030 of the Riverside Municipal Code is amended as follows:
“Section 19.310.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to florist shops, unless otherwise specified here.
A. Site location, operation and development standards.
1. The hours of operation shall be determined by the Community & Economic Development Director, their designee or the Staff Application Review Team, as applicable, in consideration of the prevailing hours of businesses in the area and the type of surrounding uses. . . .”
Section 138: Section 19.342.070 of the Riverside Municipal Code is deleted as follows:
“Section 19.342.070 Severability.
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 55 1
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implemented without the invalid provision or application and to this end the provisions of this ordinance and chapter are declared to be severable.”
Section 139: Section 19.375.030 of the Riverside Municipal Code is amended as follows:
“Section 19.375.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all recycling collection and processing centers unless otherwise specified here.
A. Any portion of the site not within a completely enclosed building shall be surrounded by a solid masonry wall not less than six feet in height and all materials shall be stored below the level of the wall.
. . .
/ /
E. The site shall be fully landscaped on the interior and additional perimeter landscape screening may be required by the Staff Application Review Team to adequately screen the operation. . . .”
Section 140: Section 19.400.060 of the Riverside Municipal Code is deleted as follows:
“Section 19.400.060 Reserved.”
Section 141: Section 19.400.070 of the Riverside Municipal Code is amended as follows:
“Section 19.400.060 Change in operating conditions.”
Section 142: Section 19.400.080 of the Riverside Municipal Code is amended as follows:
“Section 19.400.070 Abandonment of use.”
Section 143: Section 19.400.081 of the Riverside Municipal Code is amended as follows:
“Section 19.400.071 Modifications.”
Section 144: Chapter 19.405 of the Riverside Municipal Code is deleted as follows:
“Chapter 19.405 Reserved.”
Section 145: Section 19.442.010 of the Riverside Municipal Code is amended as follows:
“Section 19.442.010 Purpose.
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The State of California has identified accessory dwelling units (ADU) and junior accessory dwelling units (JADU) as valuable forms of housing. Movable accessory dwelling units (MADUs) are also recognized throughout the State as a potential option to provide needed housing. The City recognizes the importance of providing housing and balancing that with an attractive living environment for all residents. The availability of ADUs, MADUs and JADUs contributes to local housing and the community's housing stock while providing residential uses consistent with the General Plan and Zoning Code. The purpose of this Chapter is to ensure compliance with California Government Code Sections 66323 and 66336 and minimize impacts to surrounding uses and properties.” / /
/ /
Section 146: Section 19.442.030 of the Riverside Municipal Code is amended as follows:
“Section 19.442.030 Requirements.
An application for an ADU, MADU or JADU shall demonstrate compliance with all the standards and limitations set forth in this section, to the satisfaction of the Community & Economic Development Director or his/her designee.
A. General.
1. ADUs and JADUs shall comply with State and local building code requirements for dwellings.
. . .
3. ADUs and JADUs in an historic district shall comply with California Government Codes Section66323 and 66336, and Title 20 of the Riverside Municipal Code. . . .
E. Number of Units.
1. Single-family.
. . .
b. The number of dwellings permitted on a lot developed pursuant to California Government Code §§ 65852.21 and 66411.7, including ADUs, JADUs and MADUs, shall be as set forth in Chapter 19.443 (Two-Unit Developments).
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. . .”
Section 147: Section 19.443.010 of the Riverside Municipal Code is amended as follows:
“Section 19.443.010 Purpose.
The purpose of this Chapter is to establish standards for Two-Unit Developments to ensure compliance with California Government Code Sections 65852.21 and 66411.7, otherwise known as Senate Bill 9, while minimizing impacts to surrounding uses and properties.” Section 148: Section 19.443.100 of the Riverside Municipal Code is deleted as follows:
“Section 19.443.100 Severability.
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.”
Section 149: Section 19.455.030 of the Riverside Municipal Code is amended as follows:
“Section 19.455.030 Site location, operation and development standards.
The standards set forth in Article V, Base Zones and Related Use and Development Provisions, shall apply to all domestic and non-domestic animal keeping unless otherwise specified here.
A. Domestic animal keeping.
. . .
C. Non-domestic animal keeping in the RR Zone.
1. The non-commercial keeping of poultry, rabbits, crowing fowl and crowing rooster are subject to the following:
. . .
4. Bees. The keeping of bees is permitted, provided that all other conditions of this Zoning Code and Chapter 8.20 of Title 8 are met.
. . .
D. Non-domestic animal keeping in the RA-5 Zone.
1. Poultry, rabbits, crowing fowl and crowing roosters. . . .
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4. Bees. The keeping of bees is permitted, provided that all other conditions of this Zoning Code and Chapter 8.20 of Title 8 are met.
. . .
E. Non-domestic animal keeping in the RC Zone.
1. Poultry, rabbits, crowing fowl and crowing roosters. . . .
3. Bees. The keeping of bees is permitted, provided that all other conditions of this Zoning Code and Chapter 8.20 of Title 8 are met.
. . .”
/ /
Section 150: Chapter 19.470 of the Riverside Municipal Code is deleted as follows:
“Chapter 19.470 Reserved.”
Section 151: Section 19.475.030 of the Riverside Municipal Code is amended as follows:
“Section 19.475.030 Traffic Study.
A traffic study addressing both on-site and off-site traffic and circulation impacts may be required as part of the permit application, at the discretion of the Staff Application Review Team.” Section 152: Section 19.490.010 of the Riverside Municipal Code is amended as follows:
“Section 19.490.010 Purpose.
The purpose of regulating mining/mineral extraction uses is to ensure compatibility of such uses with surrounding uses and properties and compliance with the provisions of the State Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq.” Section 153: Section 19.490.020 of the Riverside Municipal Code is amended as follows:
“Section 19.490.020 Applicability and permit requirements.
Mining/mineral extraction uses are permitted as forth in Article V, Base Zones and Related Use and Development Provisions subject to the provisions contained in the State Surface Mining and Reclamation Act of 1975 and the Public Resources Code, Public Resources Code § 2710 et seq.” Section 154: Section 19.530.040 of the Riverside Municipal Code is amended as follows:
“Section 19.530.040 Permit review time periods.”
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Section 155: Section 19.554.020(C) of the Riverside Municipal Code is amended as follows:
“Section 19.554.020 Design and development standards.
C. All trash/recyclable materials collection enclosure areas shall be easily accessible to residents and tenants, including easy pedestrian access for the disposal of materials and collection by refuse vehicles. Where a bin or bins serves a residential development with five or more units, the enclosure shall be designed to allow for gateless pedestrian access, unless through review of the site plan by the Staff Application Review Team, it is determined that such access cannot physically be provided.” / /
Section 156: Section 19.580.060 of the Riverside Municipal Code is amended as follows:
“Section 19.580.060 Parking requirements.
A. Minimum parking requirements.
. . .
C. Mixed-use development and parking credits.
. . .
2. The Community & Economic Development Director or his/her designee may grant a mixed-use parking credit to reduce the total number of required spaces by up to 15 percent, provided the following:
a. The development is located within a Transit Priority Area as defined by Public Resources Code § 21099; or
. . .”
Section 157: Section 19.580.070 of the Riverside Municipal Code is amended as follows:
“Section 19.580.070 Off-street parking location and type requirements.
A. Single family dwellings.
. . .
B. Multiple family dwellings.
1. Required number and type of spaces.
. . .
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c. Distribution of covered parking: Garages and carports shall be distributed evenly throughout the project. Landscaped planters shall be required between garage structures as determined by the Staff Application Review Team. Required covered parking (garages and/or carports) shall not be used for household storage.
. . .”
Section 158: Section 19.580.080(I) of the Riverside Municipal Code is amended as follows:
“Section 19.580.080 Design standards.
I. Curbing and bumper or wheel stops. Bumper stops not less than two feet in height or wheel stops not less than six inches in height shall be erected adjacent to any building or structure, wall, fence, property line, or walkway to protect other property. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide. Alternative barrier design to protect landscaped areas from damage by vehicles may be approved by the Staff Application Review Team.”
Section 159: Section 19.620.070 of the Riverside Municipal Code is amended as follows:
“Section 19.620.070 General provisions for all sign types.
The following regulations apply to all signs in any zone:
A. Signs must comply with this Code. In all zones, only such signs as are specifically permitted in this chapter may be placed, erected, maintained, displayed or used, and the placement, erection, maintenance, display or use of signs shall be subject to all restrictions, limitations and regulations contained in this chapter. The placement, erection, maintenance, display or use of all other signs is prohibited.
. . .
O. Riverside Municipal Airport. Except for signs oriented so as to be primarily viewed from any public street other than Airport Drive, signs within Riverside Municipal Airport and which serve lessees of the Riverside Municipal Airport shall be governed by the Riverside Municipal Airport Sign Criteria adopted by resolution of the City Council and shall not be restricted by this chapter except for those provisions regarding maintenance and safety. Signs at the Municipal Airport are also subject to permits under the City Building Code.
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P. Calculation of sign area. The area of an individual sign, as defined in Section 19.620.150 of this Chapter, shall be calculated according to the following provisions. Sign area does not include supporting structures such as sign bases and columns provided that they contain no lettering or graphics except for addresses or required tags. The calculation of sign area for various types of signs is illustrated in Figures 19.620.070.-P1, 2, and 3.
. . .
Figure 19.620.070.P-1: Measuring Area of Single-Faced Signs . . .
Figure 19.620.070.P-2: Measuring Area of Double-Faced Signs . . .
Figure 19.620.070.P-3: Measuring Area of Three-Dimensional Signs” Section 160: Section 19.620.150 of the Riverside Municipal Code is amended as follows:
“Section 19.620.150 Definitions.
The following words and phrases shall have the following meanings when used in this chapter. In the event of a conflict between the definitions in this section and in Article X, Definitions, of the Zoning Ordinance, the terms in this section shall apply. . . .
. . .
Commercial complex has the meaning provided in Section 19.910 of the Zoning Ordinance. . . .”
Section 161: Section 19.620.150 of the Riverside Municipal Code is deleted as follows:
“Section 19.623.050 Severance.
If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the City Council affirmatively declares that it would have approved and adopted the Chapter even without any portion which may be held invalid or unenforceable.”
Section 162: Section 19.640.040 of the Riverside Municipal Code is amended as follows:
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“Section 19.640.040 Discretionary permits and actions.
. . .
B. Administrative discretionary permits and actions not requiring a public hearing. The Community & Economic Development Director or the Staff Application Review Team have primary administrative authority over certain activities that require the determination of compliance with applicable zoning provisions and the application of judgment to a given set of facts. The following lists the various administrative permits and references Chapters of the Zoning Code for the respective actions:
1. Community & Economic Development Director:
. . .
2. Staff Application Review Team:
. . .”
Section 163: Section 19.650.020 of the Riverside Municipal Code is amended as follows:
“Section 19.650.020 Designated approving authority.
. . .
C. Approval authority on referral.
1. Referral by the Community & Economic Development Department Director, or his/her designee, or the Staff Application Review Team.
a. The Community & Economic Development Department Director, or his/her designee, or the Staff Application Review Team, instead of taking any action, may refer the matter to the Planning Commission.
. . .
3. Staff Application Review Team decisions.
a. All decisions of the Staff Application Review Team shall be transmitted to the City Council. . . .
c. If not referred by the Mayor or any member of the City Council, or otherwise appealed, within ten days of transmittal, the action of the Staff Application Review Team is final. 63 1
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. . .”
Section 164: Table 19.650.020 of the Riverside Municipal Code entitled “Approving and Appeal Authority” is amended as shown in Exhibit “A” attached hereto and incorporated herein.
Section 165: Section 19.660.040(E) of the Riverside Municipal Code is amended as follows:
“Section 19.660.040 Submittal requirements.
E. Indemnification.
1. 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:
a. Any such approval of the City: and/or
b. An action taken to provide environmental clearance under the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq., by its advisory agencies, appeal boards or City Council.”
Section 166: Section 19.660.050 of the Riverside Municipal Code is amended as follows:
“Section 19.660.050 Initial application completeness review.
All applications filed with the Planning Division in compliance with the Zoning Code shall be initially reviewed for application completeness as follows:
A. Complete applications.
1. Within 30 calendar days of application submittal, the Community & Economic Development Department Director, or his/her designee, or Staff Application Review Team, as applicable, shall determine whether or not the application is complete. . . .
B. Incomplete applications.
1. Within 30 calendar days of application re-submittal, the Community & Economic Development Department Director, or his/her designee, or the Staff Application Review Team, as applicable, shall determine whether or not the application is complete. 64 1
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. . .
3. The applicant may appeal the determination in accordance with Chapter 19.680 (Appeals) and the Permit Streamlining Act (California Government Code Section 65920). . . .
D. Mutual agreement to extension of time. Nothing in this section precludes the applicant and the City from mutually agreeing to an extension of any time limit provided by this section.” Section 167: Section 19.660.070(B) of the Riverside Municipal Code is amended as follows:
“Section 19.660.070 Notice of decision.
B. Within seven days from the final action on an application, the Community & Economic Development Department Director, or his/her designee, or the Staff Application Review Team, as applicable, 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 or Appeal Authority, including the date of action, applicable conditions and appeal period.”
Section 168: Section 19.670.020 of the Riverside Municipal Code is amended as follows:
“Section 19.670.020 Notice requirements for administrative discretionary permits with no public hearing.
A. Minor Conditional Use Permit, Administrative Planned Residential Development Permit, and Variance.
. . .
4. The public notice shall:
a. Be sent no later than 14 days after acceptance of a complete and accurate application; . . .
d. Specify that, at the end of the 15-day comment and review period, the Community & Economic Development Department Director's or Staff Application Review Team’s final report and recommendations will be issued, initiating a ten-day appeal period during which time any interested person may appeal to the decision the appropriate Appeal Authority. . . .”
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Section 169: Section 19.670.070(B) of the Riverside Municipal Code is amended as follows:
“Section 19.670.070 Requests for notification.
B. The City may impose a reasonable fee for the purpose of recovering the cost of such notification.” Section 170: Section 19.670.130 of the Riverside Municipal Code is amended as follows:
“Section 19.670.130 On-site notification signage for projects in the Industrial Zones.
Notice of filing for new development projects within the Business Manufacturing Park (BMP) & General Industrial (I) Zone shall also be made by posting of physical signage on the site by the applicant when a Minor Conditional Use Permit or Conditional Use Permit is being considered. . . .
3. Sign criteria/maintenance: Posting of required on-site notification signage shall comply with the following:
a. Sign size and specifications.
i. Sign(s) shall be four feet high by eight feet wide.
. . .
iv. Signs shall contain the following information:
1. City of Riverside Logo;
. . .
5. Project location including Assessors Parcel Number(s) (APNs); . . .”
Section 171: Section 19.690.020(A) of the Riverside Municipal Code is amended as follows:
“Section 19.690.020 Effective date of permits and actions.
A. Community & Economic Development Department Director, or his/her designee, Staff Application Review Team or Planning Commission Decisions on Discretionary Permits and Actions. All decisions of the Community & Economic Development Department Director, or his/her designee, Staff Application Review Team or Planning Commission acting as a final Approving Authority under Table 19.650.020 (Approving and Appeal Authority), shall be effective the first 66 1
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regular business day after the end of the ten day appeal period. Filing of an appeal stays the effective date pending action on the appeal.”
Section 172: Section 19.710.035 of the Riverside Municipal Code is amended as follows:
“Section 19.710.035 Review responsibilities of Planning Commission or Staff Application Review Team and Community & Economic Development Department Director.
A. The Staff Application Review Team or Community and Economic Department Director or his/her designee, as applicable, may approve in full or in part, conditionally approve in full or in part, modify or deny:
. . .
C. The Community & Economic Development Department Director or Staff Application Review Team, as applicable, may refer any Design Review application to the Planning Commission.” Section 173: Section 19.710.070 of the Riverside Municipal Code is amended as follows:
“Section 19.710.070 Appeals.
A. Appeals.
1. Appeal of the Community & Economic Development Department Director or Staff Application Review Team Decision: Any person aggrieved or affected by a decision of the Community & Economic Development Department Director, or their designee or the Staff Application Review Team, as applicable, in granting or denying a design review application may appeal to the Planning Commission at any time within ten calendar days after the date upon which the Community & Economic Development Department Director, or their designee or the Staff Application Review Team, as applicable, makes a decision. An appeal to the Planning Commission shall be taken by filing a letter of appeal, and the appropriate fee with the Planning Division. Such letter shall set forth the grounds upon which the appeal is based. Upon such appeal the matter shall be placed on the next available agenda meeting of the Planning Commission. The Planning Commission decision is final unless appealed to the City Council. . . .”
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Section 174: Section 19.730.030 of the Riverside Municipal Code is amended as follows:
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“Section 19.730.030 Applicability and permit requirements. . . .
B. The Staff Application Review Team may grant an amendment to a previously approved conditional use permit by approval of a MCUP for the following types of additions and expansions:
. . .
C. The cumulative total of all additions and expansions grantable by the Staff Application Review Team under Section 19.730.030 B. may not exceed the figures listed in this Section over the life of the minor conditional use permit. Any cumulative addition or expansion that causes any of these figures to be exceeded must be filed as a revised conditional use permit, requiring a new public hearing.”
Section 175: Section 19.730.040 of the Riverside Municipal Code is amended as follows:
“Section 19.730.040 Required findings.
The Staff Application Review Team may grant a minor conditional use permit, in whole or in part, and including appropriate conditions of approval if, from the facts available in the application and determined by investigation, all of the following written findings can be made:
. . .”
Section 176: Section 19.730.050 of the Riverside Municipal Code is amended as follows:
“Section 19.730.050 Conditions of approval/guarantees.
. . .
B. The conditions attached to minor conditional use permits may include such provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements, site design, operation characteristic, land use compatibility, general character, appearance, environmental impact, time limits for commencing the construction or use authorized, revocation dates, and other conditions the Staff Application Review Team may deem appropriate and necessary to carry out the purposes of the Zoning Code and Chapter.
C. The Staff Application Review Team may require bonds or other forms of guarantees for the minor conditional use permit to ensure compliance with this chapter and other applicable provisions of the Zoning Code, and to prevent adverse or detrimental impact to the surrounding neighborhood. . . .”
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Section 177: Section 19.730.060 of the Riverside Municipal Code is amended as follows:
“Section 19.730.060 Minor modifications to approved minor conditional use permits.
Minor modifications to approved minor conditional use permits pursuant to Section 19.730.030 may be approved by the Staff Application Review Team.”
Section 178: Section 19.730.110 of the Riverside Municipal Code is amended as follows:
“Section 19.730.110 Voiding of minor condition use permits.
A. Any minor conditional use permit granted by the Staff Application Review Team or by the Planning Commission or City Council on appeal shall become null and void if:
. . .
B. Conditions of a minor conditional use permit related to Assemblies of People - Entertainment that is granted by the Staff Application Review Team, the Planning Commission, or City Council may be voided by the Director of Community & Economic Development Department, or his or her designee, if an Entertainment Permit, as defined in Title 5, is issued.” Section 179: Section 19.760.060 of the Riverside Municipal Code is amended as follows:
“Section 19.760.060 Minor modifications to approved conditional use permits.
Minor modifications to approved conditional use permits pursuant to Section 19.730.030 may be approved by the Staff Application Review Team.”
Section 180: Section 19.790.030A of the Riverside Municipal Code is amended as follows:
“Section 19.790.030 Applicability and permit requirements.
A. Condominium Conversion Permit required. No subdivision map shall be approved for the purpose of a conversion to a common interest development, as defined by Section 4100 of the California Civil Code and Section Article X (Definitions), unless a condominium conversion permit is processed pursuant to this chapter and granted prior to or concurrently with such approval. No dwelling unit or mobile home space shall be the subject of a condominium conversion unless a condominium conversion permit is granted prior to such conversion.” Section 181: Section 19.790.040 of the Riverside Municipal Code is amended as follows:
“Section 19.790.040 Definitions.
For the purposes of this chapter the following terms have the meanings as defined in Section 4100 of the California Civil Code and are as follows:
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. . .
E. Declaration means the document, however denominated, that contains the information required by Section 4200 (Ca. Civil Code).
. . .
H. Planned development means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:
. . .
2. A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment that may become a lien upon the separate interests in accordance with Section 5740 or 4040 (Cal. Civil Code).”
Section 182: Section 19.800.030 of the Riverside Municipal Code is deleted as follows:
“Section 19.800.030 Reserved.”
Section 183: Section 19.840.010 of the Riverside Municipal Code is amended as follows:
“Section 19.840.010 Purpose.
California Government Code Section 56000 et.seq. authorizes the expansion of the boundaries of local agencies (such as the City of Riverside) to promote orderly development. This Section establishes local procedures to implement the relevant sections of the Government Code.” Section 184: Section 19.850.030 of the Riverside Municipal Code is amended as follows:
“Section 19.850.030 Procedure.
. . .
C. Notice of decision. Within 45 days after acceptance of a complete application by the Planning Division for administrative review by the Staff Application Review Team or, if referred to the Planning Commission, within ten days after the Planning Commission's decision, the Planning Division shall provide the applicant with written notification of the decision regarding the request, including any reasonable conditions.
D. Appeals. Any person aggrieved or affected by a decision of the Planning Commission or Staff Application Review Team in granting or denying a request for reasonable accommodations may 70 1
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appeal the decision to the City Council pursuant to the procedures contained in Chapter
19.680 (Appeals).”
Section 185: Section 19.850.040 of the Riverside Municipal Code is amended as follows:
“Section 19.850.040 Approval/referral.
The request for reasonable accommodation will be considered by the Staff Application Review Team who may deny, approve, or conditionally approve the request. The Staff Application Review Team may also refer the request, if it is determined to be significantly controversial, to the Planning Commission. The request shall be placed on the next regularly scheduled meeting agenda.” Section 186: Chapter 19.860 of the Riverside Municipal Code is deleted as follows:
“Chapter 19.860 Reserved.
Section 187: Section 19.910.040 of the Riverside Municipal Code is amended as follows:
“Section 19.910.040 “C” Definitions.
California beverage container recycling center. See "recycling center, California beverage container."
. . .
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. . . .”
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Section 188: Section 19.910.050 of the Riverside Municipal Code is amended as follows:
“Section 19.910.050 “D” Definitions.
Day care center - child means a child day care facility other than a family day care home, including infant centers, extended day care facilities and school-age child care centers. . . .
. . .”Section 189: Section 19.910.200 of the Riverside Municipal Code is amended as follows:
“Section 19.910.200 “S” Definitions.
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Saloon. See "bar."
. . .
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. . . .
Stable, public means a stable other than a private stable.
Staff Application Review Team ("START") means the group of City departments or divisions assembled for 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 Title. The START includes any three or more of the following Divisions and Departments: Planning, Building and Safety, Public Works, Public Utilities, Parks and Recreation, Police and Fire. The START process shall be chaired by the Planning Division.
Statuary means a three-dimensional representation of a person, animal or object produced by sculpturing, modeling, casting or other means.
. . .
A "stock cooperative" includes a limited equity housing cooperative that is a stock cooperative that meets the criteria of Civil Code § 817.
. . .
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 4125 of 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 72 1
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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. . . .”
Section 190: Section 20.05.010 of the Riverside Municipal Code is amended as follows:
“Section 20.05.010 Purpose.
The purpose of this Title is to promote the public health, safety and general welfare by providing for the identification, protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, objects, features, sites, places, areas, districts, neighborhoods, streets, works of art, natural features and significant permanent landscaping having special historical, archaeological, cultural, architectural, community, aesthetic or artistic value in the City for the following reasons:
A. To safeguard the City's heritage as embodied and reflected in such resources; . . .
L. To work in concert with the City's zoning regulations. . . .”
Section 191: Section 20.10.010 of the Riverside Municipal Code is amended as follows:
“Section 20.10.010 Board created – Membership.
Pursuant to the provisions of Article VIII of the City Charter, a Cultural Heritage Board has been created by the City Council. The Board shall be composed of nine members appointed by the Mayor and the City Council. Board members shall have the duties and functions set forth in this Chapter. . . .”
Section 192: Section 20.10.020 of the Riverside Municipal Code is amended as follows:
“Section 20.10.020 Powers and duties of Board.
A. The Cultural Heritage Board shall:
. . .
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3. Have discretionary authority to review and approve applications and actions to alter, relocate or demolish cultural resources pursuant to the provisions of this Title; . . .”
Section 193: Section 20.10.030 of the Riverside Municipal Code is amended as follows:
“Section 20.10.030 Historic Preservation Officer.
The Historic Preservation Officer or Qualified Designee, in concert with or at the direction of the Community and Economic Development Director, shall:
A. Provide professional support to the Board.
. . .
J. Determine when Cultural Resource reports for specific projects are required for this Title and/or CEQA.”
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Section 194: Section 20.15.020 of the Riverside Municipal Code is amended as follows:
“Section 20.15.020 California Environmental Quality Act (CEQA) Approval.
A. Environmental Impact Report (EIR) Required for CEQA Approval. . . .
B. Environmental Impact Report (EIR) Not Required for CEQA Approval. . . .”
Section 195: Section 20.15.030 of the Riverside Municipal Code is amended as follows:
“Section 20.15.030 Public hearing and notice.
A. All designations, modifications of designations, and/or dedesignations require a public hearing ("Hearing").
. . .
D. Notice of hearing.
1. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to:
. . .
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3. Neither failure to send any notice by mail to any property owner whose address is not a matter of public record, nor the non-receipt of any notice mailed pursuant to this Chapter, shall invalidate that Hearing or any part of the proposed designation.” Section 196: Section 20.15.040A of the Riverside Municipal Code is amended as follows:
“Section 20.15.040 Meeting and notice for Certificates of Appropriateness by Board.
A. No public hearings are required for Certificates of Appropriateness by Board. The application shall be set as a discussion calendar item for the Board meeting.” Section 197: Section 20.15.050A of the Riverside Municipal Code is amended as follows:
“Section 20.15.050 Meeting and notice for Administrative Certificates of Appropriateness.
A. No public hearings are required for Administrative Certificates of Appropriateness. The application shall be considered by the Historic Preservation Officer or Qualified Designee administratively.”
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Section 198: Section 20.15.060A of the Riverside Municipal Code is amended as follows:
“Section 20.15.060 Meeting and notice for Mills Act applications.
A. No public hearing is required for Mills Act applications.” Section 199: Section 20.15.080A of the Riverside Municipal Code is amended as follows:
“Section 20.15.080 Meeting and notice for Cultural Resource Surveys.
A. No public hearing is required for Cultural Resource Surveys.” Section 200: Section 20.15.130 of the Riverside Municipal Code is amended as follows:
“Section 20.15.130 Approvals to run with land.
Certificates of Appropriateness and other approvals under this Title are transferred upon a change of ownership of the site, business, service, use or structures, provided that the conditions of the original Certificate or approval are fully complied with, and the project is not modified.” Section 201: Section 20.15.140 of the Riverside Municipal Code is amended as follows:
“Section 20.15.140 Approval(s) on site during construction. 75 1
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A copy of all Certificates of Appropriateness or any other approval under this Title shall be kept on site at all times during construction and made available upon request by an official of the City.” Section 202: Section 20.20.080 of the Riverside Municipal Code is amended as follows:
“Section 20.20.080 Overlay Zone.
A. Pursuant to Title 19 of this Code, upon any designation, the Cultural Resources Overlay Zone applies to the subject property or parcel.
B. Upon adoption of a historic district resolution by the City Council, the Planning Division shall initiate a rezoning case to apply the CR-Cultural Resources Overlay Zone to the properties within the district. This process shall follow the requirements outlined in Title 19 of this Code.” Section 203: Section 20.20.100 of the Riverside Municipal Code is amended as follows:
“Section 20.20.100 Dedesignation.
The procedure to modify or repeal the designation of designated Landmarks, Structures or Resources of Merit, Historic Districts, and modify or repeal the designation of Neighborhood Conservation Areas is the same procedure used to designate those resources, as set forth in this Chapter.” / /
Section 204: Section 20.20.110 of the Riverside Municipal Code is amended as follows:
“Section 20.20.110 Appeal.
For appeals of a Board recommendation on any designation, modification, or dedesignation under this Chapter, see Section 20.15.090(B). City Council actions are final and non-appealable.” Section 205: Section 20.20.120 of the Riverside Municipal Code is deleted as follows:
“Section 20.20.120 Reserved.
Editor's note— Ord. No. 7684, § 3, adopted September 17, 2024, repealed § 20.20.120. Former §
20.20.120 pertained to designation process in flow chart form and derived from Ord. 7108, § 1, adopted 2010 and Ord. 7248, § 2, adopted 2014.”
Section 206: Section 20.21.040 of the Riverside Municipal Code is amended as follows:
“Section 20.21.040 Board recommendation.
At a public hearing the Board shall make written a recommendation based upon the applicable criteria from Chapter 20.50 of this Title. The Board shall forward its recommendation to the City Council.” 76 1
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Section 207: Section 20.21.050 of the Riverside Municipal Code is amended as follows:
“Section 20.21.050 City Council; resolution.
Based upon the facts before it and the criteria in Chapter 20.50 of this Title, the City Council may accept, modify, or reject the Board's recommendation. The City Council, in its discretion, based upon the facts and findings before it, shall recognize, derecognize, or modify the recognition of a Point of Cultural Interest, by a numbered resolution setting forth the relevant facts, criteria and findings supporting its actions.”
Section 208: Section 20.21.080 of the Riverside Municipal Code is amended as follows:
“Section 20.21.080 Derecognition.
The procedure to modify or repeal the recognition of a point of cultural Interest is the same procedure used to recognize those resources, as set forth in this Chapter.” Section 209: Section 20.21.090 of the Riverside Municipal Code is amended as follows:
“Section 20.21.090 Appeal.
For appeals of a Board recommendation on any recognition, modification, or derecognition of a point of cultural interest under this Chapter, see Section 20.15.090(B). City Council actions are final and non-appealable.”
Section 210: Section 20.25.010 of the Riverside Municipal Code is amended as follows:
“Section 20.25.010 Certificates of Appropriateness, Required. . . .
D. For the demolition of structures not previously identified as Cultural Resources, the Community & Economic Development Director and Historic Preservation Officer may require a Cultural Resources Report be prepared pursuant to Section 20.26.010 of this Title for the demolition of structures not previously identified as Eligible Cultural Resources, but may meet designation criteria, to determine if the structure is eligible for designation. If the subject property is found eligible for designation, a Certificate of Appropriateness and associated CEQA review is required pursuant to this Chapter. . . .”
Section 211: Section 20.25.020 of the Riverside Municipal Code is amended as follows:
“Section 20.25.020 Application.
A. Submittal requirements.
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. . .
C. Relationship to other Discretionary Approvals: If a project requires other Entitlements under Title 19 in addition to a Board Certificate of Appropriateness, the Cultural Heritage Board meeting shall occur prior to the meeting for associated entitlements.” Section 212: Section 20.25.030 of the Riverside Municipal Code is amended as follows:
“Section 20.25.030 Administrative Certificates of Appropriateness.
The Historic Preservation Officer or Qualified Designee may administratively approve, approve with conditions, refer to the Board, or deny a Certificate of Appropriateness as follows:
A. For any cultural resources, including landmarks (designated and eligible):
. . .
B. For any cultural resources, excluding landmarks:
. . .
3. Demolition of a, or the replacement of a previously existing, one-story, detached garage and construction of a new one-story, detached garage that is architecturally compatible with the existing residence and character-defining features of the existing neighborhood and the area devoted to parking does not exceed 400 square feet, or the minimum size for a two-car garage as required by the City zoning regulations, whichever is greater. Maximum size of the structure shall not exceed City zoning requirements.
. . .”
Section 213: Section 20.25.060 of the Riverside Municipal Code is amended as follows:
“Section 20.25.060 Appeals.
Section 20.15.090 shall apply for appeals of any approval, conditional approval or denial of a Certificate of Appropriateness under this Chapter.”
Section 214: Section 20.25.080 of the Riverside Municipal Code is deleted as follows:
“Section 20.25.080 Reserved.
Editor's note— Ord. No. 7684, § 6, adopted September 17, 2024, repealed § 20.25.080. Former §
20.25.080 pertained to certificate of appropriateness process in flow chart form and derived from Ord. 6263, § 1(part), adopted 1996; Ord. 7108, § 1, adopted 2010 and Ord. 7248, § 3, adopted 2014.” Section 215: Section 20.30.010 of the Riverside Municipal Code is amended as follows:
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“Section 20.30.010 Preservation incentives.
The City Council may establish preservation incentives to encourage owners to designate, maintain, preserve, rehabilitate, and improve cultural resources. Only properties designated as cultural resources pursuant to the provisions of this Title shall be eligible to apply for preservation incentives.” Section 216: Section 20.30.020 of the Riverside Municipal Code is amended as follows:
“Section 20.30.020 Mills Act Program.
Pursuant to Government Code Section 50280 et seq. ("the Mills Act"), the City Council has established, by Resolution 20825 (as amended) a Mills Act Program providing for contractual agreement with an owner of a historic property as designated by the City Council or listed on any official federal, state, or county register for the purpose of preservation, rehabilitation, and maintenance of a designated historic resource. A Mills Act Agreement allows an owner to receive a reduction in property taxes in exchange for the property owner's commitment to specific repair, restoration and/or rehabilitation improvements and satisfactory maintenance of the Historic Property.
A Mills Act Agreement is for a minimum period of ten years, renewed annually, unless a notice of non-renewal or cancellation is filed. Mills Act applications will be accepted between January 1 and May 31 of the calendar year. A Mills Act application will be acted upon by the City Council before the end of the calendar year during which it was submitted.” Section 217: Section 20.35.010 of the Riverside Municipal Code is amended as follows:
“Section 20.35.010 Duty to maintain.
Every person in possession or control, and the owner, of a Cultural Resource or a building, structure, object or site within a Historic District or Neighborhood Conservation Area shall maintain and keep in good repair the exterior of that resource, and all interior portions necessary to prevent loss or deterioration of any cultural or structural integrity. "Good repair" means that level of maintenance and repair which clearly furthers the continued viability of a resource and/or premises for lawful reasonable uses and prevents loss or deterioration of the resource and/or premises. Such maintenance shall be in compliance with all applicable codes, laws and regulations governing the maintenance of property. In addition to any other remedies available to the City, this Section shall also be enforceable by the Code Enforcement Division of the Community and Economic Development Department to the full extent permissible by law.
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. . .”
Section 218: Section 20.35.020 of the Riverside Municipal Code is amended as follows:
“Section 20.35.020 Relationship to other provisions.
Any duties or obligations set forth in this Title are in addition to those set forth in Title 6 of this Code, including Chapter 6.11 ("Maintenance and Rehabilitation of Vacant and Neglected Buildings"), 6.14 ("Property Maintenance"), and 6.15 ("Abatement of Public Nuisances"). If there is any conflict between this Title and any other provision of this Code, except as provided herein, Title 20 shall prevail.”
Section 219: Section 20.40.010 of the Riverside Municipal Code is amended as follows:
“Section 20.40.010 Violations.
No person shall alter or demolish a Cultural Resource or a building, structure, object or site within a Historic District or Neighborhood Conservation Area in violation of this Title, either actively or passively, including through neglect.”
/ /
Section 220: Section 20.40.020 of the Riverside Municipal Code is amended as follows:
“Section 20.40.020 Criminal penalties.
Any person who violates a requirement of this Title or fails to obey an order issued by the City, including the Historic Preservation Officer or Qualified Designee and the Board, and/or or comply with a condition of approval of any certificate or permit issued under this Title, shall be guilty of a misdemeanor.”
Section 221: Section 20.40.030 of the Riverside Municipal Code is amended as follows:
“Section 20.40.030 Nuisance.
Any alteration or demolition of a cultural resource in violation of this Title is declared to be a nuisance.”
Section 222: Section 20.40.040 of the Riverside Municipal Code is amended as follows:
“Section 20.40.040 Stop work orders.
The Community & Economic Development Director or designee has the authority to issue a stop work order for any violation or threatened violation of this Title. A stop work order shall be written in the 80 1
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format deemed appropriate by the issuer. The stop work order shall remain in effect until written notice of rescission by the Community & Economic Development Director or designee, or until City Council action to remove or modify the order, in addition to any other enforcement under any other provision of the Municipal Code or law.”
Section 223: Section 20.40.050 of the Riverside Municipal Code is amended as follows:
“Section 20.40.050 Remedies.
A. Remedies shall apply to any violation of this Chapter. All remedies shall be cumulative to each other and not exclusive.
B. Remedies are at the sole discretion of the City and may include one or more of the following:
. . .
3. Restoration.
a. A violation may be abated by restoring or reconstructing the Cultural Resource to its original condition prior to the violation.
. . .
d. The City may place a lien on the property as provided for in Chapter 6.15 of this Code. . . .”
Section 224: Section 20.40.070 of the Riverside Municipal Code is amended as follows:
“Section 20.40.070 Legal actions.
The City Attorney may maintain an action for injunctive relief to restrain a violation, or seek restoration and/or penalties. The City Attorney may also pursue any other action or remedy authorized under this Code, state statutes and/or in equity for any violation of this Title. Civil remedies shall be in addition to any criminal prosecution and penalty, or any other remedy provided by law.” Section 225: The title of Chapter 20.45of the Riverside Municipal Code is amended as follows:
“Chapter 20.45 AMENDMENT”
Section 226: Section 20.45.010 of the Riverside Municipal Code is amended as follows:
“Section 20.45.010 Amendment.
Amendments to this Title may be initiated in any one of the following manners:
A. Upon minute action of the City Council.
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D. Upon application by a property owner or owners of any parcel subject to this Title and subject to payment of a fee.”
Section 227: Section 20.45.020 of the Riverside Municipal Code is amended as follows:
“Section 20.45.020 Procedures.
A. Recommendation and approval. Any proposed amendment to this Title must first be sent to the Board for review and recommendation. The Board shall recommend that the City Council amend, not amend, or amend the proposal as modified by the Board. The City Council is the final approving authority.
. . .
C. Adoption. Amendments of this Title shall be adopted by ordinance of the City Council, which constitutes final action.
. . .”
Section 228: Section 20.45.030 of the Riverside Municipal Code is deleted as follows:
“Section 20.45.030 Severability.
If any section, sentence, clause, or phrase of this title is for any reason held to be invalid by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The City Council declares that it would have passed this ordinance and adopted this title, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.” Section 229: Section 20.50.010 of the Riverside Municipal Code is amended as follows:
“Section 20.50.010 Definitions.
For the purposes of this Title, these terms are defined as follows:
Alteration means any change, modification, or demolition, through public or private action, to the character-defining or significant physical features of properties affected by this Title. Such changes may be: changes to, or modifications of, structural or architectural details or visual characteristics; grading; surface paving; the addition of new structures; the cutting or removal of designated trees, landscapes or other natural features; the disturbance of archaeological sites or areas; or the placement or removal of any significant objects such as signs, plaques, light fixtures, street furniture, walls, 82 1
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fences, steps, plantings, or landscape accessories affecting the significant visual and/or historical qualities of the Cultural Resource.
. . .
Cultural resource means improvements, natural features, sites, cultural landscapes, or other objects, which may reasonably be of scientific, aesthetic, educational, cultural, architectural, social, political, military, historical or archaeological significance. This includes designated cultural resources, eligible cultural resources, and contributing features to Historic Districts and Neighborhood Conservation Areas. A "Point of Cultural Interest" as recognized under this Title is expressly not under this definition. Cultural resource has the same meaning as historic resource pursuant to the California Government Code.
Cultural Resources Overlay Zone means a Title 19 zoning category applied to a property identified as a Designated Cultural Resource.
. . .
Historic Preservation Officer is the person selected by the Community Development Director for the City of Riverside and appointed by the City Manager to administer the cultural resources program, including professional support to the Board, management of both the Board's Certificate of Appropriateness process, and execution of the Administrative Certificate of Appropriateness process.
The Historic Preservation Officer shall meet the requirements of the Department of the Interior, National Park Service as set forth in Appendix A to Title 36, Part 61 (Professional Qualification Standards).
. . .
Landmark means:
. . .
B. Meets one or more of the following criteria:
1. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history; . . .
8. Has yielded or may be likely to yield, information important in history or prehistory. 83 1
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An improvement or natural feature meeting one or more of the above criteria, yet not having the high degree of integrity to qualify as a landmark, may qualify as a structure or resource of merit (see Subsection "Secretary of Interior's Standards for the Treatment of Historic Properties," below). . . .
Neighborhood conservation area means an area that:
. . .
Designation of Neighborhood Conservation Areas is no longer allowed. Those designated prior to May 2006 shall remain in effect and subject to this Title, and may be modified or dedesignated.Noncontributing feature of a Historic District, Neighborhood Conservation Area, or individually significant property means a site, improvement, or natural feature within a Historic District or Neighborhood Conservation Area that does not provide appropriate historic context, historic architecture, historic association or historic value, or is not capable of yielding important information about the period, because that element:
. . .
C. Does not independently meet the designation criteria as defined in this Title.
Non-contributor to either a Historic District or a Neighborhood Conservation Area means a building structure within a Historic District or Neighborhood Conservation Area that does not provides appropriate historic context, historic architecture, historic association or historic value, or is not capable of yielding important information about the period, because that building structure:
. . .
C. Does not independently meet the designation criteria as defined in this Title. . . .
Point of cultural interest means
. . .
D. Relationship with other laws. Points of cultural interest are specifically and expressly intended to not have any significance under the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.) or the State CEQA Guidelines (14 Cal. Code Regs.
Section 15000 et seq.), the National Environmental Protection Act, or any other environmental law, statute, or regulation.
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Section 230: Section 20.50.020 of the Riverside Municipal Code is amended as follows:
“Section 20.50.020 Interpretation.
The Historic Preservation Officer or Qualified Designee has the discretion to interpret the above terms, in addition to any other term in applying this Title. In applying this Title, the Historic Preservation Officer or Qualified Designee may, in its discretion, request from the Board a definition, interpretation, or an opinion regarding any defined term, or any other term.” Section 231: The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant impact on the environment.
Section 232: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This ordinance shall become effective on the 30th day after the date of its adoption.
ADOPTED by the City Council this _________ day of _____________, 2026. ___________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a meeting of the City Council on the _______ day of _______________, 2026, by the following vote, to wit:
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Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2026. _________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
314338 09/03/26