City of Moreno Valley, CA LAND DIVISIONS

This chapter is adopted pursuant to the provisions of the Subdivision Map Act.

All land divisions in the city of Moreno Valley as hereinafter defined are subject to all of the applicable provisions of the Subdivision Map Act and this chapter.

(Ord. 359, 1992; Ord. 386 § 1.18, 1993)

§ 9.14.020 Standards of land division.

Conformance.

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

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

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

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

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

General Street Design.

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

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

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

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

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

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

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

A frontage road or service road; or

A street separated by a tier of lots.

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

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

10.

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

11.

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

12.

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

Private Streets.

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

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

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

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

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

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

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

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

Street Grade.

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

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

Street Alignment.

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

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

Curb Returns.

A minimum curb return radius of 25 feet shall be provided at intersecting streets designated as collector or local streets;

A minimum curb return radius of 35 feet shall be provided when one or both of the intersecting streets is designated as a minor arterial street or greater;

In hillside areas, the curb return radius may be modified if required because of the topography.

Corner cutbacks shall be established as provided in city standards.

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

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

Alleys.

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

Alley intersections shall have minimum corner cutbacks of 25 feet.

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

Lots.

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

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

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

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

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

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

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

Exclusions.

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

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

Required Access.

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

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

If a parcel map creates four or less parcels and public access over intervening lands cannot be offered for dedication, an appurtenant private easement for ingress, egress, roadway and public utility purposes may be approved, provided:

The land to be divided is not zoned for commercial, industrial or multiple-residential use;

ii.

No parcel under one acre in size is created unless only one additional parcel is being created;

iii.

If no improvements are required, the private easement is no less than 24 feet in width, and is duly recorded, is perpetual in duration, and is not subject to liens and encumbrances which might impair or defeat its purpose. If improvements are required, a minimum of 40 feet is required; and

iv.

The access easement owned by the land divider is not an exclusive easement or specifically written to prohibit further division of the land.

If a subdivision map has been previously recorded that permitted private streets without the requirement of offering the streets for dedication, a private road easement may be approved, provided such easement grants the new lots unrestricted access rights to the existing private streets.

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

Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities.

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

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

(Ord. 359, 1992; Ord. 386 §§ 1.19, 1.20, 1.21, 1.22, 1993; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005; Ord. 808 § 2.6, 2010)

§ 9.14.030 Tentative maps—General.

Tract Numbers.

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

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

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

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

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

Preliminary Corner Stakes. At the request of staff, the land divider may be required to place a conspicuous stake identified with a number or corner description and flag at each approximate corner of the property to be divided. The stake shall extend at least three feet above ground and be identified with a number and owner description.

Application.

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

The application shall be for the purpose of:

Providing and clarifying the information required to be shown on, or to accompany, the tentative map;

Determining whether the land division conforms to all the requirements of this title and other city ordinances; and

Expediting the processing of the tentative map.

Division of Land.

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

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

(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)

§ 9.14.040 Tentative maps—Information required.

Tentative Subdivision Maps.

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

Tract number, title of map, assessor's parcel number and legal description of property, not including tract name;

Name, address and telephone number of owner and land divider, and name, address and telephone number of person preparing map;

Ownership information on additional property owned adjacent or contiguous to the land to be subdivided;

Approximate total acreage of property and lot size, net and gross for a typical lot and for each irregular lot, overall dimensions, north arrow, scale and date;

Subdivision boundary line and detailed vicinity map showing relationship to surrounding community;

Names, location, right-of-way widths, and improvements of adjacent streets, alleys, rail-roads, transmission lines, pipelines, sewers and existing structures, both above and below ground;

Names, locations, widths of right-of-way for proposed streets, alleys and easements, and the approximate grades of proposed and existing streets and approximate street centerline radii of curves;

Streets, alleys and right-of-way providing legal access to the property;

If private streets are proposed, they shall be so noted on the tentative map;

Names of utility purveyors, locations and widths of existing and proposed public utility easements:

When specific areas for subsurface disposal are required, those areas shall be delineated, and

ii.

Any known existing wells on the property or within 200 feet of the subdivision boundary shall be indicated on the tentative map;

Water courses, channels, existing culverts and drain pipes, including existing and proposed facilities for control of stormwaters;

Land areas subject to overflow, inundation or flood hazard;

Any land or right-of-way to be dedicated for public use;

Identify common areas and open spaces;

Proposed lot lines and approximate dimensions;

Adjoining property and lot lines;

Maximum contour interval shall be as required by the city engineer. The contour lines shall extend 300 feet beyond the exterior boundaries of the property when adjacent property is unimproved or vacant unless otherwise determined by the city engineer. Copies of the U.S.G.S. topographic maps are acceptable when approved by the city engineer. County flood control and county road department base maps may be acceptable;

Site Grading.

Whenever any area of the proposed subdivision has a gradient of five percent or more, as measured between natural contours, the following information shall be shown on, or accompany, the tentative map:

(A)

The proposed cuts and fills in the subdivision:

(1)

All cut and fill slopes or combination thereof shall be made no steeper than 2:1 (two horizontal to one vertical), and their height shall be no greater than 10 feet. Exceptions to these standards may be permitted as follows:

(i)

Cut Slopes. Slope ratios steeper than 2:1 and slope heights in excess of 10 feet vertically shall be considered if they are recommended to be safe in a slope feasibility report written by either a registered geotechnical engineer or a registered engineering geologist. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading;

(ii)

Fill Slopes. Fill slopes with heights in excess of 10 feet vertically (on a slope of 2:1) may be allowed if they are recommended to be safe in a slope stability report written by a registered geotechnical engineer. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading;

(iii)

Based on the slope stability report, fill slopes greater than 10 feet may need to be constructed at a more gentle slope ratio (e.g., 3:1 or 4:1), in order to achieve stability.

(2)

Cuts and fills in areas of subsurface sewage disposal shall be in accordance with the sewage disposal feasibility report recommendations.

(B)

The elevations of all individual building pads in the subdivision;

(C)

The elevations at the perimeter of the subdivision;

(D)

The relationship to adjoining land and development.

ii.

Where grading will tie into adjacent natural terrain, final manufactured slopes shall be blended into the existing terrain.

Existing use and zoning of property immediately surrounding tract;

Existing zoning and proposed land use of property within the proposed tract (single-family, multiple-family, commercial, industrial); and

A list of the names and addresses of the owners of real property located within 600 feet of the exterior boundaries of the property to be considered, as shown on the latest equalized assessment roll, and any update issued by the county assessor.

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

Proposed method of control of stormwater, including data as to amount of runoff, and the approximate grade and dimensions of the proposed facilities;

A written statement (Land Division Form SAN 53) from the health officer stating that a water purveyor under permit has agreed in writing to serve all lots in the land division; and

A written statement (Land Division Form SAN 53) from the health officer stating the type of sewage disposal that will be permitted. To aid in this determination a sewer feasibility letter or a sewage disposal feasibility report and regional water quality control board clearance or other pertinent information shall be required.

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

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

Tentative Parcel Maps.

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

Parcel map identification number, assessor's parcel number, title of map, and legal description of property but not including tract name;

Name and address of owner and land divider and name and address of person preparing map;

Approximate total acreage of property and lot size net and gross for a typical lot and for each irregular lot, overall dimensions, north arrow, scale and date;

Land division boundary line and vicinity map showing relationship to surrounding community;

Assessor's map book and page numbers of adjoining land divisions;

Names, locations, right-of-way, width and improvements of existing adjacent streets, alleys, railroads and existing structures, both above and below ground;

Names, location, widths of rights-of-way or proposed streets, alleys and easements, and the approximate grades of proposed streets and approximate street centerline radii of curves;

Streets, alleys and right-of-way providing legal access to the property;

If private streets are proposed, it shall be so noted on the tentative map;

Names of utility purveyors, location and width of existing and proposed known public utility easements:

When specific areas for subsurface sewage disposal systems are required, the location and width of the disposal areas is required,

ii.

Any known existing wells on the property or within 200 feet of the subdivision boundary shall be indicated on the tentative map;

Water courses, channels, existing culverts and drain pipes, including existing and proposed facilities for control of stormwaters;

Land areas subject to overflow, inundation or flood hazard;

Any land or right-of-way to be dedicated for public use and right-of-way for railroads and other uses;

Identify common areas and open spaces;

Proposed lot lines and approximate dimension;

Adjoining property and lot lines;

Maximum contour interval shall be as required by the city engineer. The contour lines shall extend 300 feet beyond the exterior boundaries of the property when adjacent property is unimproved or vacant unless otherwise determined by the city engineer. Copies of U.S.G.S. topographic maps are acceptable only when other information is not available. County flood control and county road department base maps may be acceptable;

Existing use and zoning of property immediately surrounding tentative map;

Existing zoning and proposed land use of property within the parcel map (single-family, multifamily, commercial or industrial);

A statement as to whether the tentative map includes the entire contiguous ownership of the land divider or only a portion thereof;

A list of the names and addresses of the owners of real property located within 300 feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll, and any update issued by the county assessor; and

Site Grading.

(A)

The proposed cuts and fills in the subdivision:

(1)

All cut and fill slopes or combinations thereof shall be made no steeper than 2:1 (two horizontal to one vertical), and their height shall be no greater than 10 feet. Exceptions to these standards may be permitted as follows:

(i)

Cut Slopes. Slope ratios steeper than 2:1 and slope heights in excess of 10 feet vertically shall be considered if they are recommended to be safe in a slope stability report written by either a registered geotechnical engineer or a registered engineering geologist. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.

(ii)

(iii)

Based on the slope stability report, fill slopes greater than 10 feet may need to be constructed at a more gentle slope ratio (e.g., 3:1 or 4:1), in order to achieve stability.

(2)

Cuts and fills in areas of subsurface sewage disposal shall be in accordance with the sewage disposal feasibility report recommendations;

(B)

The elevations of all individual building pads in the subdivision;

(C)

The elevations at the perimeter of the subdivision;

(D)

The relationship to adjoining land and development.

ii.

Where grading will tie into adjacent natural terrain, final manufactured slopes shall be blended into the existing terrain.

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

Proposed method of control of stormwater, including data as to amount of runoff, and the approximate grade and dimensions of the proposed facilities;

A written statement (Form SAN 53) from the health officer, stating the type of sewage disposal and water supply that will be permitted shall be submitted for all commercial and industrial parcel maps.

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

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

(Ord. 959 § 3.4, 2019)

§ 9.14.050 Processing of tentative maps.

Filing of Tentative Map.

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

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

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

Fee for Flood Protection Study.

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

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

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

Map Distribution. Upon the submittal of the tentative map to the community development department, one copy thereof shall be forwarded to each member of the appropriate advisory agency and to each of the following:

City engineer/public works department;

Fire department;

School district(s);

California Department of Transportation (if applicable);

Flood control district (if applicable);

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

Riverside County health department;

Police department;

Parks and recreation department;

10.

Any other public agency, as appropriate.

Review by Project Review Committee.

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

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

Consideration by the Advisory Agency.

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

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

Consideration of Tentative Maps by the City Council. The decision of the planning commission is final 11 days after the planning commission decision is required unless:

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

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

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

Appeal of Actions of Advisory Agency.

Appeal of Action of the Planning Commission.

The land divider or any interested party may appeal the decision of the planning commission on a tentative subdivision or parcel map to the city council. Any such appeal shall be filed with the city clerk within 10 days after the decision of the planning commission. The appeal shall be filed in writing, stating the basis for the appeal, and shall be accompanied by the applicable fee, as required by the city.

Upon filing of the appeal, the city clerk shall set the matter for a public hearing on a date within 30 days after the date of the filing of the appeal and shall give notice of the public hearing, as required by law. Upon conclusion of the hearing, the city council shall render its decision on the appeal within seven days, declaring its findings therefor, and it may sustain, modify, reject or overrule any actions or rulings of the planning commission.

Appeal of Action of the Community Development Director.

The land divider or any interested party may appeal the decision of the community development director to the planning commission. Any such appeal shall be filed with the community development director within 10 days after the decision. The appeal shall be filed in writing, stating the basis for the appeal, and shall be accompanied by the applicable fee, as required by the city.

Upon filing of the appeal, the community development director shall set the matter for a public hearing on a date within 30 days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner, as required by law. Upon conclusion of the hearing, the planning commission shall render its decision on the appeal within seven days.

Extension of Time for Processing. All time limits specified in this title for reporting and acting on tentative maps may be extended by the mutual consent of the land divider and the advisory agency or city council, but in no event may the extensions exceed the maximum applicable period permitted by state law.

Failure to Receive Notice. Failure to receive notice of a hearing shall not invalidate the action taken by the advisory agency, or the city council.

Waiver of Final Parcel Map. Upon request of the land divider, the city engineer may waive the requirement that a final parcel map be prepared if the city engineer finds that the proposed land division complies with the requirements as to:

Area;

Improvement and design;

Flood water drainage control;

Appropriate improved public roads;

Sanitary disposal facilities;

Water supply availability;

Environmental protection;

Adequate existing survey control; and

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

(Ord. 359, 1992; Ord. 386 §§ 1.25, 1.26, 1993; Ord. 449 §§ 1.3, 1.4, 1995; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005; Ord. 698 § 3.1(e), 2005; Ord. 984 § 3, 2022)

§ 9.14.060 Processing of vesting tentative maps.

Introduction.

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

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

General Provisions.

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

Application.

This section shall apply both to residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions hereof.

If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

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

At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

At the time a vesting tentative map is filed, a subdivider shall also supply the following information unless waived by the community development department or city engineer, as appropriate:

Height, size, location and uses of all existing and proposed buildings;

ii.

Existing and proposed sewer, water, storm drain and road details;

iii.

Detailed grading plans, including soils information;

iv.

Flood control information, or engineer's drainage study, as required and approved by the city's public works director;

Plans to include roofs, materials, fences and walls, elevations, landscaping, signs and such other improvements as may be required for architectural or design review by city ordinances or regulations;

vi.

A traffic study approved by the city engineer, unless waived by the city engineer;

vii.

Archeological, geological, seismic and soils studies as found to be necessary by the city's community development department;

viii.

An acoustical study approved by the community development director for properties requiring such study by city ordinance, regulations or policies;

ix.

An application for rezoning the property if the proposed use or density is not permitted in the current zone; and

Such other information as may be requested by the community development department or city engineer to permit a complete analysis and appraisal of the project.

The provisions of subsection (B)(3)(b) of this section shall be applied in a manner consistent with the provisions of Section 66498.8(d) of the vesting tentative map statute.

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

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

Vesting on Approval of Vesting Tentative Map.

Subject to the provisions of the vesting tentative map statute, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances and policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

Notwithstanding subsection (B)(6)(a) of this section, any fees required to be paid after the tentative map is approved, such as park fees, school fees, drainage, improvement or other development impact fees, and the like, and landscape and maintenance requirements, shall be paid in the amount required or otherwise complied with at the time each is required to be paid or performed.

Notwithstanding subsection (B)(6)(a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

ii.

The condition or denial is required in order to comply with state or federal law.

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map, as provided in this title. If the final map is recorded, these rights shall last for the following periods of time:

An initial time period of 12 months beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded;

ii.

The initial time period set forth in subsection (B)(6)(d) of this section shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is filed;

iii.

A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period set forth in subsection (B)(6)(d)(i) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council by depositing a written notice of appeal with the city clerk within 15 days;

iv.

If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (B)(6)(d) of this section, the rights conferred by the vesting tentative map statute shall continue until the expiration of that permit, or any extension of that permit granted by the city.

Development Inconsistent with Zoning—Conditional Approval.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the 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 designee, obtaining the necessary change in the zoning to eliminate the inconsistency. If the change in the zoning is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection (B)(6) of this section, confer the vested right to proceed with the development in substantial compliance with the change in the zoning and the map, as approved.

The rights conferred by this section shall be for the time periods set forth in subsection (B)(6) of this section.

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

(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)

§ 9.14.065 Finance and conveyance maps.

Purpose and Intent.

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

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

The site to be subdivided by the map is already developed, and the proposed map will not create legal building sites upon which new development may occur; or

A future map for development purposes must be processed and recorded in order for any development on the site to occur, and this fact is clearly stated on the face of the map; or

An approved conditional use permit, master plan, or master plot plan is approved for the site, has not expired, and all conditions of approval, expected exactions, and mitigation measures associated with the underlying approval(s) shall be implemented as previously prescribed, or as properly modified, for any development on the property to occur.

Definition. As follows is the city's definition of a "finance and conveyance map": it's a map used to parcelize undivided undeveloped land, existing parcel maps, and/or existing tract maps for non-buildable reasons.

Filing Instructions. Finance and/or conveyance maps are filed with the Community Development Department, 14177 Frederick Street, Moreno Valley, California, 92552. Application forms are available at the community development department or may be obtained on-line at www.moval.org, or by contacting the planning division at (951) 413-3206.

Submittal Requirements. The form, content and supplementary information that must accompany a finance and conveyance map shall conform to the submittal requirements for tentative maps set forth in Section 9.14.040 of this code except as hereafter provided.

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

Internal streets and access ways within the boundary of the map (with concurrence of the city engineer);

Dimensions and location of sidewalks and common areas;

Soils and geology report;

Regional housing needs statement; and/or

Other submittal requirements set forth in Chapter 9.14, Land Divisions, or the Subdivision Map Act, provided, the city engineer determines in advance, that the proposed map continues to comply with the spirit and intent of the Subdivision Map Act, the subdivision ordinance, and these subdivision regulations.

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

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

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

Review Procedure. Except as otherwise noted herein, finance maps shall be processed in the same manner and shall be subject to the same requirements as specified for tentative maps in Section 9.14.050 of the municipal code. The community development department will distribute copies of the financing map to the appropriate reviewing bodies to determine whether the map conforms to the requirements of this chapter, and the Subdivision Map Act. These reviewing bodies are set forth in Section 9.14.050(C) of this chapter.

Approval Process.

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

The parcel (or parcels) of land covered by the map meet the minimum size requirements to ensure that future development can meet all applicable site development standards imposed by Title 9 of the municipal code.

The parcel (or parcels) of land have access from a public road, or access is both feasible and required by a condition of approval for the proposed map.

The parcel lines do not conflict with any public easements.

There are not physical constraints or other issues which may affect the feasibility of future development on the site (e.g., vehicular access, utility service extensions). If necessary in order to adequately evaluate the map, additional technical studies (e.g., access study) should be required prior to finding the application complete.

The map provides sufficient information on future uses and feasibility of future uses to ensure consistency with the general plan and zoning designations for the site.

The site is suitable for the future permitted or proposed uses.

The map provides sufficient information on the subdivision design and future improvements to evaluate its potential impact on the environment in compliance with the California Environmental Quality Act.

There is sufficient information on the subdivision design and future improvements to enable the city to determine whether the map complies with applicable water quality standards, particularly with respect to future discharge of waste into the sewer system.

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

That the proposed map is consistent with applicable general and specific plans and the zoning ordinance.

That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

That the site is physically suitable for the type of development.

That the site is physically suitable for the proposed density of development.

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

That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

That the requirements of the California Environmental Quality Act have been satisfied.

Mandatory Conditions of Approval. In addition to the standard subdivision conditions of approval applied to all maps for development purposes, the following shall apply to all financing maps:

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

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

(Ord. 894 § 5, 2015; Ord. 994 § 11, 2023)

§ 9.14.070 Denial of tentative land division maps.

Findings. A tentative map shall be denied if any of the following findings are made:

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

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

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

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

That the design of the proposed land division or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat,

This finding shall not be construed to prohibit approval of a map for which an Environmental Impact Report was prepared and a finding is made pursuant to Section 21081(c) of the California Public Resources Code;

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

That the design of the land division 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,

With respect to this finding, a land division may be approved if it is found that alternative easements for access or for use will be provided and that they be substantially equivalent to ones previously acquired by the public. This subsection (A)(7) of this section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction;

Denial of Map Under the Williamson Act.

A tentative map or a parcel map for which a tentative map was not required shall be denied if it is found that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use,

Land shall be presumed to be in parcels too small to sustain their agricultural use if the land is:

Less than 10 acres in size in the case of prime agricultural land,

ii.

Less than 40 acres in size in the case of land which is not prime agricultural land. The city council may approve a subdivision with parcels smaller than those specified in this section if the city council finds that the parcels can nevertheless sustain their agricultural use, or are subject to a written agreement for joint management pursuant to Section 51230.1 of the Government Code, provided that the parcels which are jointly managed total at least 10 acres in size in the case of land which is prime agricultural land or 40 acres in size in the case of land which is not prime agricultural land, or

iii.

This section shall not be construed as limiting the power of the city council to establish minimum parcel sizes larger than those specified herein,

This section shall not apply to land which is subject to a contract when any of the following has occurred:

The local agency formation commission (LAFCO) has approved the annexation of the land to a city and the city will not succeed to the contract, as provided in Government Code Sections 51243 and 51243.5,

ii.

Written notice of nonrenewal of the contract has been served, as provided in Government Code Section 51245, or

iii.

The city council has granted tentative approval for cancellation of the contract as provided in Government Code Section 51282;

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

Additional Findings. Prior to approving a tentative map, the following additional findings shall be made:

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

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

Land Projects. A tentative land division map for any land project, as defined in the Business and Professions Code Section 11000.5, shall not be approved unless:

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

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

(Ord. 359, 1992; Ord. 386 §§ 1.27, 1.28, 1.29, 1993)

§ 9.14.080 General regulations.

Revised Tentative Maps.

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

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

Division into Phases.

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

The subdivider, at the time the tentative map is filed, informs the city of his intent to file multiple final maps on such tentative map; or

After filing of the tentative map, the city and subdivider concur in the filing of multiple final maps.

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

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

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

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

Expiration of Approved Tentative Maps and Vesting Tentative Maps: Extension of Time.

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

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

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

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

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

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

The period of time specified in subsections (C)(1) and (C)(2) of this section 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 planning commission pursuant to this subsection. After service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the community development department for a stay pursuant to this section.

Applications for a stay shall be made to the community development director on the forms provided by the community development department and shall be accompanied by the filing fee set by the city council and shall include such information and documents as may be required by the community development director.

The community development director shall forward to the planning commission a recommendation for approval or denial of the request for a stay. The planning commission shall act on the requested stay within 40 days after the application is received by the community development director. The decision of the planning commission shall be forwarded to the city clerk. The decision of the planning commission shall be final unless the decision is appealed to the city council or the city council or any councilmember elects to hear the matter after the notice of decision appears on the agenda. Any appeal must be filed with the city clerk accompanied by the fee set by the city council within 10 days of the date the notice of decision appears on the city council agenda.

(Ord. 359, 1992; Ord. 386 § 1.30, 1993; Ord. 402 § 1.7, 1993; Ord. 475 § 1.4, 1995; Ord. 488 § 1.3, 1996; Ord. 694 § 1.1, 2005)

§ 9.14.090 Final land division maps.

General. After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the current city standards and the approved or conditionally approved tentative map.

Subdivision Boundary Plat Requirements.

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

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

A boundary survey of the land division, including all courses and distances necessary to compute a closure;

Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines of record.

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

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

Preliminary Filing of Final Subdivision Map.

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

The final map shall be accompanied by the following:

Map checking fee, as set by the city council;

Any additional data, as determined by the city engineer.

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

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

A copy of the approved conditions, covenants and restrictions (CC&Rs) that are to be recorded with the final map;

Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final land division map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title;

All requests for waivers of signatures as provided in the Subdivision Map Act;

Utility Plans.

An original and three positive prints of each map showing the proposed water distribution and sewage collection systems, signed by a registered civil engineer and the water and sewer purveyors. Each system shall comply with all applicable state and county and city regulations. The city fire prevention officer shall also sign the water plans when conditions include fire protection, and

ii.

Letters from other utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the public utility purveyors as to location of their facilities and construction thereof.

Preliminary Filing of Final Parcel Map. After a tentative parcel map is approved, the land divider may cause a final parcel map to be prepared and submitted to the city engineer. The land divider shall submit the following:

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

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

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

Data Required—Final Land Division Maps.

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

Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the city engineer and authorized by the county recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch;

Each map, including each sheet of a multisheet map shall bear the number as assigned by the Riverside County road department or other proper official which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. Reference shall be spelled out and worded identically with original records, with complete reference to proper book and page of record;

All sheets shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data;

A location map shall be placed on the final map which indicates the location of the proposed land division and its relationship to existing streets and highways;

The certificates and acknowledgements, required by the Subdivision Map Act and this title, shall appear on the first sheet only. "Certificates" shall include the following:

Owner's certificate,

ii.

Trustee's certificate,

iii.

Recorder's certificate,

iv.

Surveyor's/engineer's certificate,

City engineer's certificate,

vi.

City clerk's certificate,

vii.

Tax collector's certificate,

viii.

Tax bond certificate (as appropriate).

The first sheet shall also include: (1) signature omissions (relating to oil, gas or mineral rights) and (2) notice of election by land divider to defer payment of drainage fees. If needed, the second map sheet may be used for notary acknowledgements. In no case shall the certificates noted above be placed on the second sheet of a multisheet map;

The recorder's certificate shall be placed in the upper right-hand corner of the map or in the upper right-hand corner of the first sheet only of multisheet maps;

The surveyor's or engineer's certificate shall state that the survey was made by him or her or under his or her direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with;

The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer's scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of a unitized subdivision. Such boundary shall also reflect the original boundary as shown on the tentative map of the subdivision;

A land division name shall not be shown on the map;

The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated;

A statement labeled surveyor's notes or engineer's notes shall be shown on the first map sheet after the signature sheet of a multisheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, with reference to city standards; and a key to the symbols and abbreviations and such other information required by the city engineer;

Lots shall be numbered consecutively, commencing with the number "1," with no omissions or duplications. Each lot shall be shown in its entirety on one sheet. Lots used for streets, alleys or barrier strips shall be lettered. Easements shall be clearly identified; and

Where a part-width street is shown on a map, the centerline of the improvements shall be monumented and shown correctly, as related to the full future width of the street.

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

Dates of survey and the name and registration number of the person authorized to practice land surveying by the state of California and who is responsible for the preparation of the map;

Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the location of alleys. Proposed public area and easements shall also be identified;

Gross area of land division, and the net acreage, computed to the nearest 0.01 acres, on all lots containing one acre or more. Lot lines shall be shown by solid lines;

Centerlines of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map;

Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the city engineer;

Sufficient primary survey control points;

Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map;

Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included in the owner's certificate of dedication. Easements shall be shown on the map by broken lines;

Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers; untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey;

No setback lines shall appear on the final map;

New street names shown on a land division map must be approved by the city engineer;

When an environmental constraint sheet is required, a note shall be placed below the surveyor's notes on the final map in one-fourth inch high bold block letters, stating:

ENVIRONMENTAL CONSTRAINT NOTE: Environmental constraint sheet affecting this map is on file in the Office of the City Engineer. This affects Lot Nos. __________ or Parcel No._____.

and

The basis of bearings must be between two found monuments of one record map survey plat or right-of-way map on file and approved by the county surveyor or the city engineer. Replacement monuments may be used if the position of the original monuments have been preserved by crossties or swing ties acceptable to the city engineer. The bearing and distance of the reference line shall be shown on the map and if the distance is also of record it shall be so stated. If a basis of bearing is not available from a record map then a basis will be, as determined by the city engineer.

Parcel Maps Compiled from Recorded Data. A parcel map of four or less parcels may be compiled from recorded or filed data, if such data is acceptable to the city engineer.

Filing of Final Land Division Maps.

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

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

Action by the City Engineer.

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

He or she has examined the map;

The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof;

All provisions of the Subdivision Map Act and all city ordinances applicable at the time of approval of the tentative map have been complied with;

He or she is satisfied that the map is technically correct; and

In the certificate, the city engineer shall state the date of approval of the tentative map and the date of expiration.

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

Action by the City Council. The city council, upon filing of a Schedule "A," "B," "C," or "D" map, shall at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or if it does not so conform, disapprove the map; provided, however, that the final map shall not be disapproved due to technical or inadvertent errors which in the opinion of the city engineer do not materially affect the validity of the map.

Surveys and Monuments.

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

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

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

Delivery of Final Map to the Recorder.

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

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

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

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

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

Waived Maps.

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

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

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

Certificate of Correction of Final Maps. After a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by a certificate of correction.

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

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

To show any course or distance that was omitted therefrom;

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

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

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

To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

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

The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall show in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

Recordation of Certificate of Correction. Once the certificate of correction has been certified by the city engineer, the certificate of correction shall be filed in the office of the county recorder in which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate tract designation shown on the amended map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to give notice of all such corrections in the same manner as though set forth upon the original map.

Amendment of Final Maps.

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

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

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

There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary;

The modifications do not impose any additional burden on the present fee owner of the property;

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

The city engineer finds that the map, as modified, conforms to the provisions of Section 9.14.080 of this chapter.

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

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

(Ord. 359, 1992; Ord. 386 §§ 1.31, 1.32, 1993; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005; Ord. 994 § 12, 2023)

§ 9.14.100 Land division dedications, improvements, fees and reservations.

Dedications.

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

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

Land Division Improvements.

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

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

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

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

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

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

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

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

Improvements Plans Required.

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

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

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

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

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

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

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

Exemptions:

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

If there is insufficient real property to construct full-width improvements and the project developer cannot acquire the requisite real property from the applicable property owner(s) after making a good faith effort, and if the project involves a subdivision, then the city will either obtain said property or this requirement shall be waived by the city engineer pursuant to the provisions of the Subdivision Map Act.

If there is insufficient real property to construct full-width improvement and the project developer cannot acquire the requisite real property from the applicable property owner(s) after making a good faith effort, and if the project does not involve a subdivision, then the city engineer may waive the full-width improvement requirement.

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

Schedule "A" Subdivision. Any division of land into five or more parcels, where any parcel is less than 18,000 square feet in net area, shall be defined as a Schedule "A" subdivision. The minimum improvements for a Schedule "A" subdivision shall be as follows:

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

Divided Major Arterial. One hundred ten feet in width, designed and constructed in conformance with city standards;

Modified Divided Major Arterial. One hundred two feet in width, designed and constructed in conformance with city standards;

Divided Arterial. Eighty-six feet in width, designed and constructed in conformance with city standards;

Arterial. Seventy-six feet in width, designed and constructed in conformance with city standards;

Minor Arterial. Sixty-four feet in width, designed and constructed in conformance with city standards;

Industrial Collector. Fifty-six feet in width, designed and constructed in conformance with city standards;

Collector Streets. Forty-four feet in width, designed and constructed in conformance with city standards;

General Local Streets. Forty feet in width, designed and constructed in conformance with city standards;

Short Local or Circulatory Interior Street. Thirty-six feet in width, designed and constructed in conformance with city standards;

Restricted Local or Noncirculatory Interior Streets. Thirty-two feet in width, designed and constructed in conformance with city standards;

Access Road. Thirty-two feet in width, designed and constructed in conformance with city standards;

Frontage roads designed and constructed in conformance with city standards;

Cul-de-sac streets shall be designed and constructed in conformance with city standards;

Alleys. Twenty feet in width, designed and constructed in conformance with city standards;

If exempted from full street improvements: Part-width streets shall be one-half of the required improvements plus an additional 12 feet, but not less than 28 feet, designed and constructed in conformance with city standards;

Street Name Signs. Type and placement shall conform with city standards;

Barricades shall be placed at the end of dead-end streets in accordance with city standards;

Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with city standards.

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

Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards); and

Piped water systems.

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

Type of fire hydrant and connection as approved by the agency providing fire protection;

The water system shall be capable of providing a fire flow of 1,500 GPM for two hours duration at a minimum of 20 PSI operating pressure from each fire hydrant;

The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site; and

In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in applicable city ordinance or ordinances.

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

Sewage disposal shall be provided by connection to an existing collection system capable of accepting waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements;

Improvement plans for sewage collection systems shall be reviewed as required by this chapter; and

Dry sewer may be required as set forth in Section 9.14.120 when subsurface sewage disposal is approved.

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

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

Schedule "B" Subdivision. Any division of land into five or more parcels, where any parcel is not less than 18,000 square feet in net area up to two acres in gross area, shall be defined as a Schedule "B" subdivision. The minimum improvements for a Schedule "B" subdivision shall be as follows: