HomeMy WebLinkAbout99-23 CC OrdinanceORDINANCE NO. 99-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REPEALING, IN ITS ENTIRETY TITLE 16 OF THE
TEMECULA MUNICIPAL CODE TITLED SUBDIVISIONS,
REPEALING ORDINANCE NO. 94-08, ORDINANCE NO. 92-14
AND SECTION NO. 32 OF ORDINANCE NO. 90-04, AND
ADOPTING NEW TITLE 16, TITLED "SUBDIVISIONS" FOR
INCLUSION INTO THE TEMECULA MUNICIPAL CODE.
WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the
General Plan; and
WHEREAS, on December 12, 1989, the City of Temecula City Council incorporated by
reference the County of Riverside Subdivision Ordinance 460 and utilized the same to regulate
subdivisions within the City; and
WHEREAS, the City has identified a need to repeal Title 16 of the Temecula Municipal
Code, Ordinance Numbers 94-08, 94-14, and Section Number 32 of Ordinance 90-04 in its
entirety and adopt a new subdivision ordinance; and
WHEREAS, notice of the proposed Ordinance was posted at City Hall, the County
Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of
Commerce; and,
WHEREAS, the Planning Commission held duly noticed public hearings on May 19,
1999, June 16, 1999 and July 7, 1999 and recommended after revisions, that the City Council
approve the attached Subdivision Ordinance; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law
and local ordinances; and,
WHEREAS, the City Council has held a duly noticed public hearing on August 10, 1999
to consider the proposed Subdivision Ordinance with all legal preconditions to such action.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Subdivision Ordinance The City Council hereby adopts the Subdivision
Ordinance for the City of Temecula as set forth in Attachment No.l, which is hereby
incorporated by reference.
Section 2. Repeal of existing ordinances. Upon the effective date of this Ordinance,
Title 16 of the Temecula Municipal Code, Temecula Ordinance No. 94-04, Ordinance No. 92-14
and Section No 32 of Ordinance No 90-04 as adopted by the City are repealed and without
further force of effect.
Section 3. Environmental Review. The City Council, based upon the information
contained in the Initial Environmental Study, adopts the Negative Declaration of environmental
impact under the provisions of the California Environmental Quality Act, specifically finds that
the approval of this ordinance will have a di minimis impact on fish and wildlife resources. The
R:Ords\99-23 I
City Council specifically finds that in considering the record as a whole, the project involves no
potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in
Section 711.2 of the Fish and Game Code. This is based on the fact that the project is an
ordinance to the Temecula Municipal Code and does not involve any disturbance of the land.
The City Council further finds that the City of Temecula is the project proponent and the site is
located Citywide, Temecula, California. Furthermore, the City Council finds that an initial study
has been prepared by the City Staff and considered by the City Council which has been the
basis to evaluate the potential for adverse impact on the environment and forms the basis for
the City Council's determination, including the information contained in the public hearing
records, on which a Negative Declaration of environmental impact was issued and this di
minimis finding is made. In addition, the City Council finds that there is no evidence before the
City that the proposed project will have any potential for an adverse effect on wildlife resources,
or the habitat on which the wildlife depends. Finally, the City Council finds that the City has, on
the basis of substantial evidence, rebutted the presumption of adverse effect contained in 14
California Code of Regulations 753.5(d).
Section 4. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 5. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a summary, conformin9 to the requirements of California
Government Code 36933, to be posted and published as required by law.
Section 6. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 7. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, a summary as authorized under California Government Code
36933 (c) shall be published in a newspaper published and circulated in said City.
Section 8. PASSED, APPROVED AND ADOPTED th
ATTEST:
/
Susan W. Jone , CMCV~AE
~rk
[SEAL]
li
day of August, 1999.
Steven J. Ford
Mayor
R:Ords~99-23 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 99-23 was dully introduced and placed upon its first reading at a
regular meeting of the City Council on the 10th day of August, 1999 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 24t"
day of August, 1999, by the following vote:
AYES: 5
COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone, Ford
*Mayor Ford abstained only with regard to
Section 16.09.20
NOES: 0
COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
Susan Jones, CMCV~,AE
City Clerk
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16.01 GENERAL PROVISIONS .............................................................................................................5
16.01.020 Authority ...................................................................................................................................5
16.01.040 Purpose ....................................................................................................................................5
16. 01.060 Scope/Applicability ...................................................................................................................5
16.01.080 Exceptions ...............................................................................................................................5
16.01.1 O0 Review and Approval Authority or Advisory Agencies .............................................................
16.01.120 Fees and Deposits ...................................................................................................................7
16.01.140 Grading and Erosion Control ...................................................................................................7
16.03 STREET AND LOT LAYOUT REQUIREMENTS ............................................................................. 7
16. 03.020 Streets and Highways ..............................................................................................................7
16.03.040 Lots ..........................................................................................................................................9
16.03.060 Access to Lots .......................................................................................................................10
16.06 STANDARDS OF LAND DIVISION ............................................................................................... 11
16. 06. 020 Standards of Land Division ....................................................................................................11
16.09 GENERAL TENTATIVE MAP PROCEDURES .............................................................................. 11
16.09.020 General ..................................................................................................................................11
16. 09.040 Tentative Map Form and Content ..........................................................................................11
16. 09. 060 Compliance with the General Plan and Development Code .................................................. 12
16. 09. 080 Determination of Application Completeness ................................................. ~ ........................f 2
16.09. 100 Tentative Map Review and Distribution Procedures ..............................................................
~6.09. 120 Time Frames for Action on Tentative Maps ........................................................................... 13
16.09. ~40 Findings of Approval of Tentative Maps ................................................................................13
16.09. 160 Appeals ..................................................................................................................................~4
16.09. ~80 Expiration of a Tentative Map ................................................................................................14
16.09.200 Extensions of Time for Tentative Maps ................................................................................. 15
16. 09.220 Modifications of Tentative Maps ............................................................................................15
16.09.240 Effect of Annexation on Tentative and Final Tract Maps .......................................................
16.12 TENTATIVE TRACT MAP PROCEDURES FOR FIVE (5) OR MORE LOTS ............................... 16
16. 12.020 General ..................................................................................................................................
16. 12.040 Approval or Disapproval of Tentative Maps .................................................. : ........................
16. 12.060 Revised Tentative Maps ........................................................................................................~ 7
16.15 TENTATIVE PARCEL MAP PROCEDURES FOR FOUR (4) OR FEWER PARCELS ................. 17
16. 15.020 General ..................................................................................................................................17
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16. 15.040 Approval or Disapproval of Tentative Parcel Maps ................................................................ 17
16. 15.080 Revised Tentative Parcel Maps .............................................................................................~ 8
~ 6. 15. 1 O0 Waivers of Final Parcel Map ..................................................................................................18
16.18 VESTING TENTATIVE MAPS ........................................................................................................19
16. 18. 020 Purpose ..................................................................................................................................~ 9
16. 18.040 Applicability ............................................................................................................................19
16. ~ 8. 060 Filing and Processing of Vesting Tentative Maps .................................................................. ~ g
16, 18. 080 Application Materials ..............................................................................................................19
~ 6. 18. 100 Development Rights ...............................................................................................................
16. ~ 8. ~ 20 Mandatory Findings for Approval ...........................................................................................20
16. 18. 140 Term of Vesting Tentative Map ..............................................................................................20
16. 18. 160 Modifications to Vesting Tentative Maps ............................................................................... 2
16.21 COMMON INTEREST DEVELOPMENT CONVERSIONS ............................................................ 21
~ 6. 21.020 Applicability ............................................................................................................................
16.2 ~.040 Development Review Required .............................................................................................
16.2 ~. 060 Application Requirements ......................................................................................................22
16.2 ~. 080 Physical Standards for Condominium Conversions ...............................................................
16.21.100 Tenant Provisions ..................................................................................................................26
16.21. ~20 Notice to New Tenants ..........................................................................................................26
27
~ 6.21. ~ 40 Findings .................................................................................................................................
16.24 FINAL TRACT MAPS AND FINAL PARCEL MAPS ..................................................................... 28
~6.24.020 General ..................................................................................................................................28
16. 24.040 Accompanying Data and Additional Information .................................................................... 28
~6.24.060 Submittal to and Review by the Director of Public Works ...................................................... 28
16.24.080 Complete and Timely Final Tract Map Filing with the Director of Public Wo~:ks .................... 28
~6.24. ~00 Final Tract Map Approval by the City Council ........................................................................ 29
~6,24. ~ 20 Limitation on Map Denial by the City Council ........................................................................ 30
16.24. ~40 Filing with the Office of the County Recorder ........................................................................ 30
16. 24. ~ 60 Waiver of Final Parcel Maps by Director of Public Works ..................................................... 30
16.24, 180 Certificate of Correction .........................................................................................................
~6.24.200 Form and Content of Amendment .......................................................................................... 31
16.24.220 Submittal and Approval by Director of Public Works ............................................................. 31
16.24.240 Filing with the County Recorder .............................................................................................32
16.27 ADDITIONAL TENTATIVE MAP, FINAL MAP, AND PARCEL MAP REQUIREMENTS ............. 32
16.27.020 Survey and Monuments Required .........................................................................................32
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16.27.040 Energy Conservation .............................................................................................................32
16.27.060 Geotechnical, Geologic, and Soils Reports ........................................................................... 32
16. 27. 080 Flood Management ................................................................................................................33
16.27. 100 Environmental Constraints Sheet Required .................................................. :. .......................33
16.30 IMPROVEMENTS ...........................................................................................................................34
16. 30.020 General ..................................................................................................................................34
16.30. 040 Improvements Required ........................................................................................................34
16. 30. 060 Deferred Improvements .........................................................................................................34
16. 30.080 Design of Improvement Plans and Standards ....................................................................... 35
16.30. 1 O0 Subdivision Improvement Agreements and Improvement Security ....................................... 36
16. 30. 120 Completion of Improvements .................................................................................................38
16.30. 140 Dedications ............................................................................................................................38
16.33 PARK DEDICATION REQUIREMENTS ........................................................................................ 39
16. 33. 020 Purpose ..................................................................................................................................39
16. 33. 040 Applicability ............................................................................................................................39
16.33.060 General Standard. ..................................................................................................................39
16.33.080 General Dedication Requirements .........................................................................................39
16.33. 100 Determination of Land or Fee ................................................................................................40
16.33. 120 Formula for Dedication of Land ..............................................................................................41
16.33. 140 Criteria for Requiring Payment of In-Lieu Fees ..................................................................... 42
16.33. 160 Credit for Private Parks and Recreation Areas ...................................................................... 43
16.33. 180 Exemptions ............................................................................................................................43
16.36 LOT LINE ADJUSTMENT ..............................................................................................................44
16.36. 020 Purpose ..................................................................................................................................44
16. 36.040 Applicability ............................................................................................................................44
16. 36. 060 Filing of Lot Line Adjustments .......................................................................: ........................44
16. 36. 080 Processing Procedures ..........................................................................................................44
16.36. 100 Evaluation Criteria ..................................................................................................................45
16.36. 120 Conditions of Approval ...........................................................................................................45
16.36. 140 Prohibited Conditions .............................................................................................................45
16.36.160 Fees .......................................................................................................................................45
16.36. 180 Appeals ..................................................................................................................................45
16.39 MERGER OF CONTIGUOUS PARCELS ...................................................................................... 46
16.39.020 Purpose ..................................................................................................................................46
16.39.040 When Parcels May Be Merged ..............................................................................................46
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16. 39. 060 Merger Requirements ............................................................................................................46
16. 39.080 City Initiated Merger ...............................................................................................................47
16. 39.1 O0 Property Owner Requested Merger ....................................................................................... 48
16.39.120 Effective Date of Merger ........................................................................................................49
16.39. 140 Appeal of Merger ...................................................................................................................49
16.42 REVERSION TO ACREAGE ..........................................................................................................49
16.42.020 General ..................................................................................................................................49
16.42.040 Initiation of Proceedings .........................................................................................................49
I6.42.060 Filing of Reversion to Acreage ...............................................................................................49
16.42.080 Submittal of Petition to Director .............................................................................................50
16.42. 100 City Council Approval ............................................................................................................50
16.42. 120 Filing With The County Recorder ...........................................................................................51
16.45 CERTIFICATE OF LAND DIVISION COMPLIANCE ..................................................................... 51
16.45.020 Purpose ..................................................................................................................................51
16. 45.040 Applicability ............................................................................................................................51
16.45.060 Filing Procedures ...................................................................................................................51
16.45.080 Review and Processing Procedures ...................................................................................... 51
16.51 TRADITIONAL NEIGHBORHOOD DEVELOPMENT-SUBDIVISION STANDARDS ................... 52
16.51.020 Purpose ..................................................................................................................................52
16.51.040 Street and Lot Layout Requirements ..................................................................................... 52
16. 51.060 Street Right-oF Way Standards ..............................................................................................54
16.54 DEFINITIONS OF TERMS .............................................................................................................55
16.57 ENFORCEMENT ............................................................................................................................56
16. 57. 020 Prohibition ..............................................................................................................................56
16.57.040 Remedies ...............................................................................................................................57
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16.01 GENERAL PROVISIONS
16.01.020 Authority
This Title is adopted pursuant to Article XI, Section 7 of the California Constitution to supplement
and implement the California Subdivision Map Act, Section 66410 et seq. of the Government Code,
and may be cited as the Subdivision Ordinance of the City of Temecula.
16.01.040 Purpose
The purpose of this Title is to provide the City with legal authority for the review of the design and
improvement of subdivisions and the processing of any proposed subdivision, reconfiguration
and/or consolidation of land within the City of Temecula to the extent authorized by the California
Subdivision Map Act.
16.01.060 S cope/Appficability
This Title shall apply to any division of land within the City of Temecula and shall control the
preparation, processing and approval of all tentative maps, final tract maps, final parcel maps, lot
line adjustments, parcel mergers, reversions to acreage and waivers and all other actions regulated
hereby. Any other matter not regulated by this Title shall be regulated by the California Subdivision
Map Act.
16.01.080 Exceptions
This title shall not apply to:
The financing or leasing of apartments, offices, stores or similar space within apartment
buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;
B. Mineral, oil or gas leases;
C. Land dedicated to cemetery purposes under the California Health and Safety Code;
Lot line adjustments between two or more existing adjacent parcels, where the land taken
from one parcel is added to an adjacent parcel, and where no new parcels are created and
no existing parcels are deleted, provided that subject to the provisions of Section 66412(d)
of the Subdivision Map Act, the lot line adjustment is approved pursuant to Chapter 16.12
of this Title;
Any separate assessment under Section 2188.7 of the California Revenue and Taxation
Code;
The financing or leasing or any parcel of land, or any portion thereof, in conjunction with the
construction of commercial or industrial buildings on a single parcel, unless the project is
not subject review under other City ordinances regulating design and improvement;
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The financing or leasing of existing separate commercial or industrial buildings on a single
parcel;
The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or
second units pursuant to Section 65852.2 of the California Government Code; but this Title
shall apply to the sale or transfer, but not the leasing of those units;
Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber,
or the grazing or pasturing of livestock;
Subdivisions of four parcels or less for construction of removable commercial buildings
having a floor area of less than 100 square feet.
16.01. fO0 Review and Approval Authority or Advisory Agencies
The authority for review and approval of subdivisions and related land actions is as follows:
TYPE OF ACTION
Tentative Maps
Vesting Tentative Maps
Tentative Parcel Maps
Tentative Map Extensions
Final Parcel Maps
Waivers of Parcel Maps
Reversion to acreage
Lot and Parcel Mergers
Table 16.01.100
REVIEW AUTHORITY
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
City Staff
Other Responsible Agencies
APPROVAL AUTHORITY
Planning Commission
Planning Commission
Director Hearing
Director Hearing
City Council
Director Hearing
City Council
Community Development
Director
Planning Commission (City
initiated)
Lot Line Adjustments
City Staff
Other Responsible Agencies
Community Development
Director
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16.01.120 Fees and Deposits
All applicants submitting maps as required by this Title shall pay all fees and/or deposits as
provided by this Title and by City Council resolution establishing applicable fees and deposits.
16.01.140 Grading and Erosion Control
All divisions of land pursuant to this Title shall conform to those grading and erosion control
standards set forth in Appendix Chapter 33 of the 1998 edition of the California Building Code.
16.03 STREET AND LOT LAYOUT REQUIREMENTS
16.03.020 Streets and High ways
The widths, alignments and geometric designs of streets and highways shall conform to the
city standards and to the following requirements:
3.
4.
5.
All streets, as far as practicable, shall relate to the alignment of the existing adjacent
streets or their proper projection in the general conformity with the General Plan for
the city.
The proposed street plan shall give consideration to the future division of adjoining
and undivided property.
All streets shall be designed to serve the proposed use of the abutting land.
On part-width boundary streets the required right-of-way shall not be less than thirty
feet.
Additional right-of-way or easements shall be provided where necessary to
accommodate roadway slopes and drainage facilities.
B. Special Street design:
Design of streets shall make provisions for railroads, parkways, grade separations,
prevailing geological conditions, local drainage facilities, hillside property and
equestrian trails.
For lots in the L-2, LM, M, H, PD-x and SP-x Zoning Districts, The maximum cul-de-
sac length shall be 600 feet. For lots in all other zones, a cul-de-sac length up to
1320 feet may be approved.
A dead-end street shall not exceed six hundred feet in length and shall only be
permitted as an interim condition to facilitate the phasing of a tract map or parcel
map. The Fire Marshall shall review and comment on all requests for dead end
streets
The Planning Commission may require greater street widths and improvements on
streets serving multi-family residential, commercial or industrial divisions of land.
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Where a proposed subdivision abuts or contains an existing or proposed urban
arterial highway or freeway, the Planning Commission may require frontage streets
or reverse frontage with non-access easements along the arterial highway or
freeway or such other treatment as may be justified for the protection of residential
properties from the nuisance and hazard of high volume traffic, and to preserve the
function of the arterial highway or freeway.
Private streets may be used for only those streets serving property within the subdivision
and which access by the public is controlled by the subdivision design by either posting or
gating. Private streets may be used with the approval and consent of the Planning
Commission when the Planning Commission finds that:
There is adequate provision for their construction and continued 'maintenance.
The welfare of the occupants of the development will be adequately served.
The public welfare will not be impaired.
The grades of highways, streets and alleys shall not be less than five-tenths percent and
not greater than fifteen percent. The desirable grades are between five-tenths percent and
six percent. Grades of less than five-tenths percent and greater than fifteen percent may
be approved only when conclusive evidence shows that a lesser or steeper grade
respectively is impractical. The high cost of excavating and/or importing borrow fill material,
making the development of a particular parcel of ground uneconomical shall not be
considered as conclusive evidence nor valid justification for a departure from the
established minimum or maximum grade.
Street alignment:
Curves in streets shall have as large a centerline radius as practical with a minimum
length of curve of one hundred fifty feet. The desirable minimum-centerline radius
for residential streets is five hundred feet. The minimum centerline radius for
residential streets within comparatively level terrain shall be three hundred feet and
within steep hillside terrain shall be one hundred fifty feet.
The minimum centerline radius for other types of streets shall be compatible with
the street classification and anticipated usage.
Intersections:
All street intersections shall be as near right angles as possible, plus or minus five
degrees, unless otherwise approved by the City Engineer.
Street-to-street centerline offsets of less than two hundred fifty feet shall not be
permitted, except in special design cases offsets of less than five feet may be used
if approved by the city engineer.
A minimum curb return radius of twenty-five feet shall be provided at intersecting
streets designated as collector roads or a lessor standard. A minimum curb return
radius of thirty-five feet shall be provided when one or both of the intersecting
streets is designated as a secondary highway or greater.
The property line return radius shall be so set as to maintain a uniform parkway
width or provide a uniform transition into the intersecting parkway. The property line
radius shall be designed so as not to reduce the parkway width below the city
standard.
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Alleys
1.
Frontage road connections providing access to a major or arterial highway shall
incorporate a bulb or knuckle connection in conformance to city standards.
Median openings or crossovers between opposing lanes of a divided highway or
street shall be located only at approved intersections at intervals of not less than
five hundred feet.
Alleys shall be required in the rear of all lots used or intended to be used for
business, commercial or industrial uses, unless adequate off-street parking areas
and service loading and unloading areas to serve such properties are securely
reserved for such use and are shown upon the map and approved by the city in the
manner provided by this Title.
Alleys shall be required in the rear of all lots fronting directly on a street designated
as a secondary highway or greater unless determined through site plan review
procedure that the requirement for alleys does not exist.
The minimum paved width for alleys shall be twenty-five feet except for residential
applications where the minimum paved width shall be twenty feet.
A minimum curb return radius of five feet shall be provided at the alley and
intersecting street.
Where practicable shall be" L "shaped or slightly turned to eliminate through traffic.
Where a dead-end alley is designed, an adequate turning area shall be provided to
accommodate a truck having a thirty-five foot turning radius. It shall be such that
the truck is able to turn around with only one backing movement. This turn-a-round
shall be eliminated only under the circumstances of a previously adopted specific
plan of record providing for the alley extension.
16.03.040 Lots
All lots created in a division of land shall conform to the minimum reqbirements of the
Development Code and the General Plan as adopted by the city for the particular Zoning
District, use and classification in which the development is being constructed.
B. Lot sizes:
All lots shall meet the area, frontage, width, depth and building setback
requirements of the Zoning District within which the lots are located; provided,
however, that in its consideration of any land division, the Planning Commission or
the City Council may determine that a greater than minimum lot size is necessary:
a. For the proper protection of the public health, safety and general welfare.
b. To be consistent with the general pattern established in the vicinity.
c. To maintain the value of property in the vicinity; or
d. To provide sufficient pad area for buildings and usable open space.
When lots or parcels twice or more the required area or width are shown on a
division of land, the Planning Commission may require such lots or parcels to be so
established as to make practical a further division into allowable building sites,
without injury to adjoining property
Lot sizes and arrangement shall be compatible with lots in the surrounding area,
subject to the preceding two provisions.
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C. Side lot lines:
Sidelines of lots shall be at approximately right angles to the street lines, except
where terrain or street design makes such lot lines impractical.
Side and rear lot lines shall be located along the top of slopes instead of at the toe
or at intermediate locations.
Lot frontage:
All lots shall have frontage upon a public or private street, which shall be open to
and usable by vehicular traffic. The width of such streets shall be determined in
accordance with this Title and the Development Code.
Double frontage lots shall be avoided, except where essential to provide separation
of residential development from traffic arteries, or where required by unusual or
excessive topographic conditions. When double frontage lots are permitted, access
rights shall be dedicated to the city along the street designated' by the Planning
Commission.
Wherever practicable, subdivisions of property abutting rights-of-way for freeways,
expressways, railroads, transmission lines and flood control channels shall be so designed
as to create lots which back up to the rights-of-way.
No lot shall be divided by a city, county, school distdct or other taxing agency boundary line.
Blocks:
Blocks shall not be less than two hundred fifty feet in length.
Blocks shall not be over two thousand seven hundred feet in length, except along
major highways, or where topographical conditions or previous highway or street
layouts require a different length.
16.03.060 Access to Lots
Any land division shall provide vehicular access to all homes within a land division for
purposes of police and fire protection. The layout of the tract shall be such that blocks of
thirty-five (35) or more homes shall have access by two or more streets. Tract street layout
showing only one street for vehicular ingress or egress to a large group of homes shall be
cause for disapproval.
Be
Access for lots not fronting on a public street (Flag Lots). When a land division is proposed
to create any lot(s) other than one(s) fronting directly on a public street or highway, access
shall be provided of a width not less than as specified below as being minimum width
necessary to serve the maximum number of lots.
1. Minimum Access Width Per Potential Number of Lots:
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Maximum Number of
Potential Lots
One
Two to Four
Table 19.060
Minimum Access Width
(Feet)
Subject to the provisions of Table
17.06.040 of the Development Code
40
Maximum Ultimate Access
Length (Feet)
150
150
16.06
2. Required Improvement of Access:
Access Surfacing. Prior to final inspection for occupancy of any building or
structure relocated, erected or constructed on any lot not fronting directly on
a public street or highway, the full length of any required access shall be
improved with concrete or asphaltic concrete surfacing, in accordance with
city engineering standards and requirements, for a width as provided herein:
(ii).
For access widths of twenty to twenty-nine feet; a surfaced width of
not less than eighteen feet.
For access widths of forty feet or more; a surfaced width of not less
than twenty-four feet.
STANDARDS OF LAND DIVISION
16.06.020 Standards of Land Division
No land shall be divided or developed for any purpose which is not in conformity with this Title and
with the General Plan, any applicable specific plan, the Development Code, or regulatory ordinance
of the City.
16.09 GENERAL TENTATIVE MAP PROCEDURES
16.09.020 General
The procedures set forth in this Chapter shall be applicable to Tentative Tract Maps and Tentative
Parcel Maps.
16.09.040 Tentative Map Form and Content
Before any tentative map, or request for extension of time of a tentative map, is accepted for filing,
the subdivider shall file with the Director a completed application form, pay all applicable fees, and
submit the required number of copies of the tentative map and all supporting materials and
documents required on the City's official application form. The Director may, from time to time,
amend the official application form and the map submittal requirements. Tentatiye maps shall be
prepared in a size, form, and manner acceptable to the Director and shall be prepared by a
registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly
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drawn on one (1) sheet and shall contain all information required by the official ,application form.
The Director may waive or modify any of the above tentative map submittal requirements through
the design review process if the type of subdivision does not need to comply with these
requirements.
The tentative map shall clearly identify all proposed TCSD slope maintenance areas by separate
lot number. The square footage of all proposed TCSD lots shall be indexed on the tentative map.
The Director may require other drawings, data, reports, or information deemed necessary to
accomplish the purposes of the Subdivision Map Act, the California Environmental Quality Act and
this Title.
A conceptual landscape master plan (CLMP) shall be prepared which delineates proposed
landscape Improvements to include parks, paseos, trails, open space, parkways, medians,
common areas and slopes. CLMP to be prepared at a scale suitable to show in detail all proposed
improvements in conceptual form. Sections should be provided as needed to provide additional
detail.
Vesting tentative maps shall conform to Chapter 16.18 of this Title.
16.09.060 Compliance with the General Plan and Development Code
All divisions of land pursuant to this Title shall conform to those development standards set forth
in the Development Code for the Zoning District in which the property to be divided is located at
the time the application for the tentative map is deemed complete. In accordance with Section
16.06.020, all divisions of land pursuant to this Title shall also conform with the General Plan
including all maps, goals, objectives, policies and implementation measures, in effect at the time
the tentative map is approved.
16.09.080 Determination of Application Completeness
The Director shall notify the applicant of its determination of completeness of the subdivision
application, as required by Government Code Section 65943. The applicant shall have the right
to appeal a decision that an application is incomplete to the Planning Commission, pursuant to
Government Code Section 65943(c), through the appeal process set forth in Section 17.03.090 of
the Development Code. The subdivide shall supply the requested plans and/or information within
sixty (60) calendar days of the notice of incomplete filing, or the application will be forwarded to the
Planning Commission with a recommendation of denial.
16.09. 100 Tentative Map Review and Distribution Procedures
The review and distribution procedures for Tentative map applications filed with the Director shall
be as follows:
A,
Environmental review - After an application has been determined to be complete an initial
study of the project's potential environmental impacts shall be completed. During the
review period, the City shall determine the appropriate type of environm.ental review.
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The Director may request the preparation of additional studies to respond to issues raised
during the review of the tentative map and preparation of the initial study. Once required
studies have been completed and/or the Director has determined the appropriate
environmental action, the Director shall prepare and distribute the proper environmental
notice.
Distribution of maps and receipt of comments - Within five business (5) days after an
application has been determined to be complete, the Director shall send notice of
determination to affected school districts pursuant to Government Code Section 66455.7.
The Director may, if applicable, distribute copies of the proposed tentative subdivision map
to other affected or advisory agencies
Public hearing and notification - Public hearing notification shall take place in the manner
set forth in Government Code Sections 65090 and 65091 and Section 17.03.040 of the
Development Code.
16.09.
120 Time Frames for Action on Tentative Maps
The approving authority shall hold a public hearing on the map, and upon making all
findings required in Section 16.09.020, shall approve, or conditionally approve the tentative
map, or if such findings are not made, shall deny the tentative map, within the time frames
established by Public Resources Code Section 21151.5, and Government Code Section
66452.
The time frames noted above may be extended as provided by prevailing statutory law or
court decisions.
In the event that action on a tentative map application is not taken in a timely manner and
the application is deemed approved by operation of law, pursuant to Government Code
Section 66452.4 then the standard conditions of approval prepared by the City, that are in
effect at the time the application was deemed complete shall automatically be applied to
the tentative map.
16.09. 140 Findings of Approval of Tentative Maps
Any tentative map shall be approved if all the following findings are made:
The proposed subdivision and the design and improvements of the subdivision is consistent
with the Development Code, General Plan, any applicable specific plan and the City of
Temecula Municipal Code;
The tentative map does not propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965, or the land is subject to a
Land Conservation Act contract but the resulting parcels following division of the land will
not be too small to sustain their agricultural use;
C. The site is physically suitable for the type and proposed density of development proposed
by the tentative map;
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The design of the subdivision and the proposed improvements, with conditions of approval,
are either:
Not likely to cause significant environmental damage or substantia. lly and avoidably
injure fish or wildlife or their habitat; or
An environmental impact report has been prepared and a finding has been made,
pursuant to Public Resources Code Section 21081(a) (3), finding that specific
economic, social, or other considerations make infeasible mitigation measures or
project alternatives identified in the environmental impact report;
The design of the subdivision and the type of improvements are not likely to cause serious
public health problems;
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible;
The design of the subdivision and 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, or the design of the alternate easements which are substantially equivalent to
those previously acquired by the public will be provided.
The subdivision is consistent with the City's parkland dedication requirements (Quimby).
16.09.160 Appeals
A. A subdivider or any other interested party may appeal a decision of the Director or the
Planning Commission by using the procedures set forth in Section 17.03.090 of the
Temecula Municipal Code.
16.09.180 Expiration of a Tentative Map
An approved or conditionally approved tentative map shall expire thirty-six (36) months after its
approval. The expiration of an approved or conditionally approved map shall terminate all
proceedings and no final tract map of all or any portion of the real property insluded within the
tentative map shall be filed without first processing a new tentative map.
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16.09.200 Extensions of Time for Tentative Maps
Not withstanding Section 16.09.180, the initial three-year term of tentative maps may be extended
as follows:
Request by the subdivider. Not less than sixty (60) calendar days befor~ the expiration of
the tentative map, the subdivider may apply for an extension of time not to exceed twelve
months. The subdivider shall file with the Director a competed application form, pay all
applicable fees, and submit the required number of copies of the tentative map and all
supporting materials and documents required on the City' s official application form,
including but not limited to, environmental analysis pursuant to CEQA.
The approval authority may additionally approve a maximum of five (5) one-year time
extensions, each extension not to exceed 12 months, and may impose additional conditions
of approval to maintain the public health safety and welfare and/or to comply with current
City standards and ordinances, state or federal requirements to the extent allowed by law.
If, as pan of the request for extension of the term of a tentative map, the subdivider
requests changes or amendments to the tentative map the conditions of approval for that
map, the City may impose other conditions or amendments to the tentative map or the
conditions of approval including the then-current standards and requirements for approval
of tentative maps.
If a subdivider is required to expend the amount specified in Section 66452.6 of the
Government Code to construct, improve, or finance the construction or improvement of
public improvements outside the property boundaries of the tentative map, excluding
improvements of public rights of way which abut the boundary of the property to be
subdivided and which are reasonable related to the development of that property, each
filing of a final tract map authorized by Section 66456.1 of the Government Code shall
extend the expiration of the approved or conditionally tentative map by 36 months from the
date of its expiration or the date of a previously-filed final tract map, whichever is later. The
extensions shall not extend the term of the tentative map more than 10 years from its date
of original approval.
16.09.220 Modifications of Tentative Maps
Tentative maps and/or their conditions of approval may be amended up.on application by
the Subdivider or, with consent of the Subdivider, by action initiated by the Director or the
Director of Public Works, pursuant to this Section. The applicant shall file a letter with the
Director or the Director of Public Works requesting that a determination be made regarding
the project. The City shall respond within 30 days with its decision.
Minor modifications may be processed administratively without notice or public hearing,
provided that the proposed changes are consistent with the intent of the original map
approval, do not affect off-site properties, and there are no resulting violations of this Title
or the Development Code. The following modifications am considered minor:
1. Modifications to less than ten percent (10%) of the total number of lots in the
subdivision, provided that there is no increase or decrease in the total number of
lots within the subdivision.
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2. Modifications to the horizontal alignment of ten feet (10') or less, or vertical
alignment of five feet (5') or less, of any cul-de-sac, local or collector roadway when
such modification does not affect off-site property.
3. Any other changes, which in the opinion of the Director and/or Director of Public
Works do not involve substantial changes to the map or the conditions of approval,
which do not affect off-site property.
Any other amendment or modification of an approved or conditionally ap~roved map shall
be processed as a Revised Map, following procedures set forth in this Chapter for tentative
map approval, except that such modification approval shall not alter the original expiration
date of the tentative map.
16.09.240 Effect of Annexation on Tentative and Final Tract Maps
When any area in a subdivision as to which a final tract map has been finally approved by
the Riverside County Board of Supervisors is annexed to the city, the final tract map and
agreements relating to the subdivision shall continue to govern the subdivision.
When any area in a subdivision or proposed subdivision as to which a tentative tract or
parcel map or vesting tentative map has been filed but a final tract or parcel map or vesting
tentative map has not been finally approved, or as to which a parcel map is required by this
Title but the final act required to make the parcel map effective has not been taken, is
annexed to the City, the subdivider of the tentative tract or parcel map or'vesting tentative
tract map shall process all necessary applications and revise any portion of the map which
is not in conformance with the City standards which were in effect as of the effective date
of the annexation within twenty-four (24) months of the effective date of the annexation,
prior to expiration of the tentative map, or prior to complete and timely filing of a final tract
map, whichever occurs first. The City may request the subdivider attend a pre-application
conference, to determine the extent of any required modifications. Any tentative map which
is not brought into conformance with the City's policies, rules, and regulations which were
in effect as of the effective date of the annexation in accordance with the time frame
specified above, will be considered expired, and no final tract map shall be processed by
the City.
16.12 TENTATIVE TRACT MAP PROCEDURES FOR FIVE (5) OR MORE LOTS
16. 12,020 General
The procedures set forth in this Chapter shall be applicable to tentative maps with five (5) or more
residential lots, in accordance with Chapter 16.09.
16. 12.040 Approval or Disapproval of Tentative Maps
The Planning Commission may approve or conditionally approve any tentative tract map
if it can make the findings listed in Section 16.09.140. The Planning Commission may
prohibit or limit filing of multiple final or parcel maps or place reasonable conditions on filing
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of multiple final or parcel maps. In making its findings in support of the approval or
disapproval, the Planning Commission shall apply all City standards in effect at the time the
application was deemed complete; provided however, that such other City standards which
may be applicable under the provisions of Government Code Section 66474.2(b) and (c)
shall also be applied.
The tentative maps may be denied by the Planning Commission on any of the grounds
provided by the Subdivision Map Act and this Title. The Planning Commission shall deny
the tentative map if it cannot make all of the findings listed in Section 16:09.140.
Any action taken by the Planning Commission on an application for a Tentative Map may
be appealed to the City Council, pursuant to section 17.03.090 of the Development Code.
16.12.060 Revised Tentative Maps
Any revised tentative map or portion thereof shall comply with the requirements in effect at the time
such revised map is considered by the Planning Commission. Such revised tentative map or
portion thereof shall show all the information and requirements of this Title with respect to any
changes that may have been made on the map. The approval or conditional approval by the
Planning Commission of any revised tentative map shall not be construed as extending the time
within which the final tract map shall be filed unless such time extension is specifically granted by
the Planning Commission.
16.15 TENTATIVE PARCEL MAP PROCEDURES FOR FOUR (4) OR FEWER PARCELS
16. 15.020 General
A tentative parcel map shall be required for Subdivisions creating four (4) or fewer parcels and
for commercial or industrial Subdivisions described in Government Code Section 66426. The
procedures set forth in Chapter 16.04 of this Title shall be applicable to tentative parcel maps.
16.15. 040 Approval or Disapproval of Ten ta tive Parcel Maps
The Director may approve or conditionally approve any tentative map if the findings listed
in Section 16.09.140 can be made. The Director may prohibit or limit filing of multiple final
or parcel maps or place reasonable conditions on filing of multiple final or parcel maps. In
making its findings in support of the approval or disapproval, the Director shall apply all City
standards in effect at the time the application was deemed complete; provided however,
that such other City standards which may be applicable under the provisions of Government
Code Section 66474.2(b) and (c) shall also be applied.
The tentative maps may be denied by the Director on any of the grounds provided by the
Subdivision Map Act and this Title. The Director shall deny approval of the tentative map
if it cannot make all of the findings listed in Section 16.09.140.
Any action taken by the Director on an application for a Tentative Map may be appealed
to the Planning Commission, pursuant to section 17.03.090 of the Development Code.
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16. 15.080 Revised Tentative Parcel Maps
Any revised tentative Parcel map or portion thereof shall comply with the requirements in effect at
the time such revised map is considered by the Director. Such revised tentative parcel map or
portion thereof shall show all the information and requirements of this Title with respect to any
changes that may have been made on the map. The approval or conditional approval by the
Director of any revised tentative map shall not be construed as extending the time within which the
final tract map shall be filed unless such time extension is specifically granted by the Planning
Commission.
16. 15. fO0 Waivers of Final Parcel Map
A,
The requirements for a final parcel map may be waived by the Approval Authority for the
following divisions of land upon making the findings set forth in subsection C of this Section:
Division of real property or interests therein created by probate, eminent domain
procedures, partition, or other civil judgments or decreases.
Division of property which has been merged pursuant to this Title, the Subdivision
Map Act or any prior ordinance of the City; or
Any other division of property which would otherwise require a parcel map.
In order for the requirement for a parcel map to be waived, a written request for such a
waiver must be submitted to the Director as part of the tentative parcel map application.
No waiver to the requirement for processing a parcel map shall be app.roved unless the
Advisory Agency finds that all of the following criteria are satisfied:
3.
4.
5.
6.
9.
10.
11.
That all parcels created front on existing maintained public roads, improved in
accordance with current City standards.
That all parcels created are serviced by sanitary sewer facilities, in accordance with
current City standards.
That adequate water supply is available to all parcels.
That the proposed land division will not have an adverse impact on the environment
or on surrounding properties.
That the proposed land division will not have an adverse impact on existing drainage
facilities.
That all lots created by the proposed subdivision, and any remainder parcels,
comply with all requirements of the Subdivision Map Act, the Development Code the
Municipal Code and this Title.
That no dedications, easements, restrictions, or fee title in off-site property interest
are being granted to the City of Temecula or any public agency as a function of the
subdivision.
That no agreements involving the City, or any maintenance entities are required as
part of the conditions of approval of the subdivision.
That no mitigation measures are required as part of the conditions of approval of the
subdivision.
That four (4) or fewer residential lots or land divisions created pursuant to Section
66426, (a), (b), (c), and (d) of the Government Code are created by the subdivision,
That no public improvements are required as part of the subdivision.
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A waiver by the Advisory Agency may be conditioned to provide for payment by the
subdivider of applicable fees.
The parcel map waiver request shall be approved, conditionally approved or denied within
the time frames set forth in Section 16.04.060.
Upon the Approval Authority's approval of a waiver of the parcel map pursuant to this
Section, the Director of Public Works shall file with the Office of the County Recorder a
Certificate of Compliance. or conditional Certificate of Compliance, for the land to be divided
and a plat map, showing the division. The certificate shall include a certificate by the
County Tax Collector in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.
Actions by the Advisory Agency approving or disapproving parcel map waivers may be
appealed to the Planning Commission under the provisions of Section 17.03.090 of the
Development Code.
16.18 VESTING TENTATIVE MAPS
16. 18.020 Purpose
The purpose of this Chapter is to establish procedures for the review, approval and administration
of vesting tentative maps.
16. 18.040 Applicability
Whenever 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 of this chapter.
16. 18.060 Filing and Processing of Vesting Tentative Maps
A vesting tentative map shall be filed in the same form, shall have the same content, accompanying
data and reports and shall be processed in the same manner described for tentative maps in
Chapter 16.04 except as described in this chapter.
16. 18.080 Application Materials
At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words
"'Vesting Tentative Map". The application shall be submitted in accordance with Chapter 16.09.040
accompanied by the following additional materials:
A. Details on the height, size, and location of proposed buildings.
B. Architectural elevations, schematic plans, and materials board for proposed building.
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16. 18.100 Development Rights
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 Section 66474.2 of the Government Code. 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, policies, and standards in effect at the time the vesting
tentative map is approved or conditionally approved.
The above notwithstanding, a permit, approval, extension, or entitlement may be made
conditional or may be denied if any of the following are determined:
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.
The condition(s) or denial is required in order to comply with state or federal law.
C. The provisiens of his section shall not:
Limit the City from imposing reasonable conditions on subsequently required
approvals or permits necessary for the development and authorized by the
ordinances, policies, and standards described in subsection A.
Diminish or alter the types of conditions, which may be imposed by the City on a
development of the City's power to protect against a condition dangerous to the
public health or safety.
16. 18. 120 Mandatory Findings for Approval
A vesting tentative map shall be approved by the City of Temecula only if the City makes findings
in accordance with Section 16.09.070.
16.18.140 Term of Vesting Tentative Map
The approval or conditional approval of a vesting tentative map by the City Council shall
expire thirty-six (36) months after such approval. Prior to the expiration date, upon written
request therefore, the vesting tentative map expiration date may be extended by the City
Council for a period or periods not exceeding a total of five (5) years. The Council may
deny an extension if it makes a finding that the extension will
Adversely affect the public health safety or welfare; or
Map fails to comply with state or Federal law; or
That any of the findings of required by Section 16.09.140 can not be made.
If a final tract map is approved prior to the expiration of the vesting te'ntative map, the
tentative map vesting rights for the final tract map area shall last for the periods listed
below:
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An initial time period of one (1) year following recordation of the final tract map.
Where several final tract maps are recorded on phases of a project covered by a
single vesting tentative map, the I year time period for each final tract map shall
begin on the date of recordation of that final tract map.
The initial time period set forth in the above paragraph 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
thirty (30) days, provided, however, that such extension shall only be for the number
of days in excess of thirty days, and provided further that such extensions shall not
be cumulative.
If, during the two-year period following approval of a final tract map or parcel map,
the City receives a complete application for a building permit and the subdivider has
satisfied all requirements for the issuance of a building permit, the right to proceed
with development in accordance with the tentative map shall continue until the
expiration of the building permit.
16.18.160 Modifications to Vesting Tentative Maps
At any time prior to the expiration of a vesting tentative map, the subdivider, his or her successor,
or his or her assignee, may apply for a modification to such map. A public hearing shall be held
by the Planning Commission on any application involving a modification to the vesting tentative
map or by the development related thereto, following procedures set forth for the modification of
tentative maps in Section 16.09.220 Approval of a modification to a vesting tentative map or
development related thereto, shall not alter the expiration date of the vesting tentative map. Any
modification to a vesting map will be evaluated for compliance with those City regulations,
standards, and policies in effect at the time the request for modification is deemed complete.
16.21 COMMON INTEREST DEVELOPMENT CONVERSIONS
16.21.020 Applicability
This Chapter shall apply to all conversions of existing residential real property to condominium,
community apartments, or stock cooperative projects or any other form of ownership except
conversion projects which a final or parcel map has been approved by the City Council prior to the
effective date of this ordinance, or where the conversion involved a limited equity housing
cooperative as defined in Section 33007.5 of the Health and Safety Code. All provisions,
conditions, and further definitions of condominium development as approved included in the
California Civil Code, Government Code, Revenue and Taxation Code, and Business and
Professions Code shall apply to the divisions of real property as permitted herein.
16.21.040 Development Review Required
In addition to the limitations and restrictions contained within this Chapter, the California
Subdivision Map Act and the applicable building and fire regulations, no residential apartment unit
shall be converted for sale, transfer, or conveyance as a community apartment project, stock
cooperative project or condominium, without concurrently obtaining approval of a conditional use
permit.
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16.21.060 Application Requirem en ts
In addition to such other application requirements as are deemed necessary by the City, an
application for conversion of a residential unit shall not be accepted or considered complete unless
the application includes all of the following information in a form acceptable to the Director, except
where such requirement is waived or modified by the Director:
A. Physical Elements Report. A report prepared by a registered engineer or architect or
licensed qualified contractor describing the physical elements of all structures and facilities,
sound transmission levels between units, mechanical equipment, parking facilities and
appliances.
Regarding each such element, the report shall state, to the best knowledge or estimate of
the applicant, when such element was built; the condition of each element; the cost of
replacing said element; and any variation or non-compliance of said element from the
Development Code in effect at the time the application is filed with the City and Building
Code in effect on the date that the last building permit was issued for the subject structure.
The report shall identify any defective or unsafe elements and set forth the proposed
corrective measures to be employed.
B. A report from a licensed structural pest control operator, approved by the City, on each
structure and each unit within the structure.
C. A report on soil and geological conditions regarding soil deposits, rock formations, faults,
groundwater, and landslides in the vicinity of the project and a statement regarding any
known evidence of soil problems relating to the structures. Reference shall be made to any
previous soils reports for the site and a copy submitted with said report.
D. A statement of repairs and improvements to be made by the subdivider necessary to
refurbish and restore the project to achieve a level of appearance and safety consistent
applicable codes and ordinances, as specified in subdivision A of this Section.
E. A Declaration of Covenants, Conditions and Restrictions in draft or outline form which would
be applied to any and all owners of condominium units within the project. The Declaration
shall include, but not be limited to: the conveyance of units; the assignment of parking; an
agreement for common area maintenance, including facilities and landscaping, together
with an estimate of any initial assessment fees anticipated for such maintenance;
description of a provision for maintenance of all utility lines and services for each unit; and
a plan for equitable sharing of communal water metering.
F. Specific information concerning the demographic characteristics of the project, including but
not limited to the following:
1. Square footage and number of rooms in each unit;
2. Rental rate history for each unit for previous five (5) years;
3. Monthly vacancy rate for each month during preceding two (2) years;
4. Makeup of existing tenants households, including family size, length of residence,
age of tenants, and whether receiving federal or state rent subsidies;
5. Proposed sale price of each unit;
6. Proposed Homeowners' Association fee;
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K,
Financing available; and
Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not available, this
requirement may be modified by the Community Development Director.
Signed copies from each tenant of Notice of Intent to Convert, as specified in section
16.21.120. The subdivider shall submit evidence that a letter of notification was sent to
each tenant for whom a signed copy of said notice is not submitted. This requirement shall
be deemed satisfied if such notices comply with legal requirements for service by mail.
Any other information which, in the opinion of the Community Development Director will
assist in determining whether the proposed project will be consistent with the purposes of
this Chapter.
Submittal of Budget. The subdivider shall provide the City with a copy of the proposed
budget for maintenance and operation of common facilities, including needed reserves, with
the tentative map application. The budget shall show estimated monthly costs to the owner
of each unit, projected over a five (5) year period, or such time as is required by the
Department of Real Estate. Such budget shall be prepared or reviewed and approved by
a professional management firm experienced with management of condominium
complexes. The management firm shall submit a statement of professional qualifications.
Copy to Buyers. The developer shall provide each purchaser with a copy of all submittals
(in their final acceptable form) required by subsections A, B, C, D, E, H, and I, above prior
to said purchaser executing any purchase agreement or other contract to purchase a unit
within the project, and the developer shall give the purchaser sufficient time to review said
information. Copies of the submittals shall be made available at all times at the sales office
and a notice indicating that such reports are available shall be posted at various locations,
as approved by the City, at the project site. Copies shall be provided to the Homeowners'
Association upon its formation.
Final Information Submitted. Prior to entering into escrow on the first unit, the subdivider
shall submit the following information to the Planning Department:
2.
3.
4.
5.
Name, address and phone number of Homeowner's Association;
Actual sales price of units;
Actual Homeowner's Association fee;
Number of prior tenants who intend to purchase units; and
Number of units purchased with intent to be used as rentals.
The final form of the Physical Elements Report and other documents shall be as approved
by the City. The reports in their acceptable form shall remain on file with the Planning
Department for review by any interested persons until the conclusion of the conversion
process. The report shall be referenced in the subdivision report to the Planning
Commission.
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16.21.080 Physical Standards for Condominium Conversions
Adequate physical condition. To achieve the purpose of this Chapter, the Planning
Commission shall require that all condominium conversions conform to the Temecula
Development Code, in effect at the time of tentative map approval except as otherwise
provided in this Chapter. In making the determination that the project is in conformance
with the Municipal Code, the following will be required:
Prior to scheduling the tentative map for a public hearing, an inspection shall be
conducted by the Code Enforcement Division to determine project-wide
conformance with Title 17 (Development Code) and other applicable chapters of the
Municipal Code· A report of any violations shall be included in the staff report to the
Planning Commission. The subdivider shall be responsible for the payment of any
fees related to the inspection of the project.
Prior to the approval of the final map, a physical inspection of the project site,
including each individual unit, shall be made by the City of Temecula Building and
Safety Department and Planning Department. Such inspection shall be made to
ensure compliance with all applicable conditions of approval as specified in the
tentative map and conditional use permit approval. All such corrections shall be
made prior to the approval of the final or parcel map. The subdivider shall be
responsible for the payment of any fees related to the inspection of the project.
Specific physical standards. The Planning Commission shall require conformance with the
standards of this subsection in approving the map:
Building regulations. The project shall conform to the applicable standards of
Uniform Building Code, Uniform Plumbing Code and Uniform Electrical Code in
effect on the date that the last building permit was issued for the subject structure
or structures except as herein provided.
Health and safety. Each bathroom in each living unit shall be provided with ground
fault circuit interrupters.
Fire prevention
a. Smoke Detectors. Each living unit shall be provided with approved detectors
of products of combustion other than heat, conforming to the latest Code
standards as adopted by the City of Temecula.
b. Maintenance of Fire Protection Systems. All fire hydrants, fire alarm
systems, portable fire extinguishers, and other fire protective appliances
shall be properly installed and maintained in an operable condition at all
times.
Parking. Each unit shall be provided parking in accordance with Title 17, Section
24 (Off-Street Parking and Loading).
Sound transmission.
a. Shock mounting of mechanical equipment. All permanent mechanical
equipment such as motors, compressors, pumps, and compactors which is
determined by the City to be a source of structural vibration or structure-
borne noise shall be shock mounted with inertia blocks or bases and/or
vibration isolators in a manner approved by the Chief Building Official.
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10.
11.
12.
b. Noise standards. The structure shall conform to all interior and exterior
sound transmission standards of the Uniform Building Code. In such cases
where present standards cannot reasonably be met, the Planning
Commission may require the applicant to notify potential buyers of the noise
deficiency currently existing within these units.
Utility metering. Each dwelling unit shall be separately metered for water, gas and
electricity, and each unit shall have a separate lateral connection to a trunk sanitary
sewer. Alternatively, a plan for equitable sharing of these utilities shall be
developed prior to final map approval and included in the Covenants, Conditions
and Restrictions.
Private storage space. Each unit shall have at least one hundred fifty (150) cubic
feet of enclosed weather-proofed and lockable private storage space in addition to
guest linen, pantry and clothes closets customarily provided. Such space may be
provided in any location approved by the Planning Commission, but shall not be
divided into two or more locations.
Laundry facilities. A laundry area shall be provided in each unit; or if common
laundry areas are provided, such facilities shall consist of not less than one (1)
automatic washer and one (1) dryer of equivalent capacity for every five (5) units
with two (2) or more bedrooms; and every seven (7) units with one (1) bedroom.
Landscape maintenance. All landscaping shall be restored as necessary and
maintained in accordance with approved landscape plans. If a significant amount
of new landscaping is required, revised/new landscape plans shall be submitted and
approved by the Planning Department as part of the conditional use permit
application. Such plans shall be subject to all applicable City Ordinances including,
but not limited to Section 17.32 of the Development Code.
Condition of equipment and appliance. The developer shall provide a warranty to
the buyer of each unit at the close of escrow that any dishwashers, garbage
disposals, stoves, refrigerators, hot water tanks and air conditioners that are
provided have a useful life of at least one (1) year. At such time as the developer
relinquishes control over management of the development, pursuant to the
Covenants, Conditions and Restrictions, the developer shall provide a warranty to
the Association that any pool and pool equipment (filter, pumps, chlorinator) and
any appliances and mechanical equipment (filter, pumps, chlorinator) and any
appliances and mechanical equipment to be owned in common by the Association
have a useful life of one (1) year. Prior to final map approval, the developer shall
provide the City with a copy of Warranty Insurance covering equipment and
appliances pursuant to this Subsection.
Refurbishing and restoration. All main buildings, structures, fences, patio
enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas,
and additional elements as required by the Planning Department shall be
refurbished and restored as necessary to achieve a degree of appearance, quality
and safety consistent with applicable City standards. The developer shall provide
to the Homeowners' Association and/or purchaser a one (1) year warranty on all
physical improvements required under this Subparagraph. If substantial restoration
is required, the design plans shall be subject to Commission approval.
Long term reserves. Prior to approval of the final map, the developer shall provide
satisfactory evidence to the City that a long term reserve fund for replacement and
repair has been established in the name of the Homeowners' Association. Such
fund shall equal at least two (2) times the estimated monthly homeowners'
assessment for each dwelling unit, or an amount otherwise required by law.
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16.21.100 Tenant Provisions
Ao
Notice of Intent. As provided in Govemment Code 66427.1 (a), a Notice of Intent to ConverL
shall be delivered by the Subdivider to each tenant at least sixty (60) days prior to
submitting an application for the tentative map and conditional use permit. The written
notices to tenants required by this Section shall be deemed satisfied if such notices comply
with the legal requirements for service by mail. The form of the notice shall be in the form
outlined in Government Code Section 66452.9 and approved by the Planning Department
and shall inform the tenants of all rights provided under this Chapter and State law.
Notice of Public Report. As provided in Government Code Section 66427, 1 (a), each tenant
shall received ten (10) days written notice that an application for a public report will be or
has been submitted to the Department of Real Estate, and that such report will be available
on request from the Planning Department. The wdtten notices to tenants required by this
Section shall be deemed satisfied if such notices comply with the legal requirements for
service by mail.
Notice of Final Map Approval. As provided in Government Code Section 66427.1 (b), each
tenant shall receive wdtten notification within ten (10) days of approval of a final map for the
Proposed conversion. The written notices to tenants required by this Section shall be
deemed satisfied if such notices comply with the legal requirements for service by mail.
Tenant's right to purchase. As provided in Government Code Section 66427.1 (d), any
present tenant shall be given notice of an exclusive right to contact for the purchase of his
or her respective unit and upon the same terms and conditions that such unit will be initially
offered to the general public or terms more favorable to the tenant. The right shall run for
a penod of not less than ninety (90) days from the date of issuance of the subdivision public
report unless the tenant gives prior written notice of his or her intention not to exercise the
right. Evidence of receipt by each tenant shall be submitted prior to approval of the final
map. The written notices to tenants required by this Section shall be deemed satisfied if
such notices comply with the legal requirements for service by mail.
The developer shall provide suitable alternate housing to tenant households, at no
additional cost to the tenant, whose unit undergoes substantial remodeling or rehabilitation
during conversion, if the unit being remodeled or rehabilitated is not habitable. The final
determination of habitability and suitability shall be made by the City of Temecula
Department of Building and Safety.
16.21.120 Notice to New Tenants
After submittal of the tentative map and development plan applications to the City, any Prospective
tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit. The
form of the notice shall be as follows:
To the prospective occupants(s) of Address
The owner(s) of this building/project, at (address), has/have filed an application for a Tentative Map
and Development Plan with the City of Temecula to convert this building to a (condominium,
community apartment, or stock cooperative project). No units may be sold in this building unless
and until the conversion is approved by the City and subsequently a public report is issued by the
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State Department of Real Estate. If you become a tenant of this building, you shall be given notice
of each hearing for which a notice is required pursuant to Section 66451.3 and 66452.5 of the
Government Code, and you have e the right to appear and the right to be heard at such hearing.
(Signature of owner's agent)
(Dated)
I have received notice on
(Date)
Prospective tenant or tenants signature(s)
16.21.140 Findings
Prior to approval of the tentative map and development plan, the Planning Commission shall hold
a public hearing. Notice of the hearing shall be given in accordance with Government Code
Section 65090 and Section 17.03.040 of the City's Development Code. A copy of any staff report
shall be served by the developer on each tenant of the subject property at least three (3) days prior
to the hearing, either by personal service or by posting the report on the front door of the unit and
mailing it to the tenant. The Planning Commission shall not approve a tentative m~p for conversion
of apartment units unless the Planning Commission finds that:
A. All provisions of this Chapter are met;
The proposed conversion is consistent with the goals, objectives, policies, general land uses
and programs specified in the Temecula General Plan including the Housing Element, and
with any applicable Specific Plan;
The proposed conversion will conform to the Temecula Municipal Code in effect at the time
of tentative map and development plan approval, except as otherwise provided in this
chapter;
The overall design, physical condition and amenities of the condominium conversion are
consistent with those associated with condominium developments throughout the City and
such elements achieve a high degree of appearance, quality and safety;
The proposed project will not convert, during the current calendar year, more than five (5)
percent of the potentially convertible rental units in Temecula for the current calendar year
except as otherwise provided in this chapter; and
There is no evidence in the public hearing record to indicate that vacancies in the project
were intentionally increased for the purposes of preparing the project for conversion; and
There is no evidence in the public hearing record to indicate that tenants have been coerced
to publicly support or approve the conversion, or to refrain from publicly opposing it, or to
forgo any assistance to which they may be entitled.
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16.24 FINAL TRACT MAPS AND FINAL PARCEL MAPS
16.24.020 General
The form, contents, accompanying data, and filing of the final tract map or final parcel map shall
conform to the provisions of the Subdivision Map Act, this Title and applicable standards imposed
by the County of Riverside for maps filed with the Office of the County Recorde. r. The final tract
map or final parcel map and any accompanying data or additional information shall be prepared
by or under the direction of a registered civil engineer or licensed land surveyor authorized to
practice in the State of California.
16.24.040 Accompanying Data and Additional Information
The filing of accompanying data and additional information shall be required with the filing of the
final tract map or final parcel map, in accordance with Chapter 16.24.080 of this Title.
16.24.060 Submittal to and Review by the Director of Public Works
Final and parcel map submittal and review procedures shall be pursuant to this Chapter and
applicable City standards. The Director of Public Works shall review all final and parcel map
submittals for conformance with the provisions of this Title and may deem them incomplete and
return all or portions of a submittal for reasons which include, but are not limited'to, the following:
incomplete submittal or filing; untimely submittal or filing; non-conformance with the tentative map;
non-conformance with the conditions of approval applied to the tentative map; non-conformance
with this Title, non-conformance with City standards; errors on the final tract map or final parcel
map, on any accompanying data, or on any additional information; or omissions on the final tract
map or final parcel map, on any accompanying data, or on any additional information.
16.24.080 Complete and Timely Final Tract Map Filing with the Director of Public Works
The Director of Public Works shall determine that a complete and timely Final Tract Map
filing has been made if he or she determines that, at a minimum, the following items have
been received, prior to the expiration of the tentative map:
4.
5.
6.
8.
9.
10.
Improvement plans approved by the Director of Public Works.
Complete and accepted public improvements or acceptable subdivision
improvement agreement(s) and securities.
Proof of payment of all applicable fees.
Will serve letters from all applicable utilities and agencies.
Non-interference letters from all applicable easement or title interest holders.
Original and copies of all sheets of the final tract map in their required form and
content.
Proof of ownership of all affected properties.
Subdivision guarantee from a title company, less than sixty (60) days old.
Letter from all affected property owners requesting approval of the final tract map.
Small scale map of the proposed subdivision.
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11. Written clearance from all affected city departments.
12. Written clearance from all affected public agencies.
13. Proof of payment of all delinquent assessments.
14. All applicable agreements or documents to be approved by the City Council, or filed
or recorded concurrently with the map.
15. Proof that all additional requirements of Chapter 16.09 have been satisfied.
16. The City's parkland dedication requirements (Quimby) have been satisfied.
17. Complete and accepted public park and/or slope improvements or acceptable park
and/or landscape agreement(s) and securities.
18. Public park and/or TCSD slope improvement plans approved b.y the Director of
Community Services.
19. Compliance with applicable TCSD election procedures relating to the future
dedication of slope maintenance areas.
Upon finding all statements and submittals complete and satisfactory in accordance with
this Section, the Director of Public Works shall sign the appropriate statements and transmit
the original map, and any other items requiring City Council approval, to the City Clerk
within twenty (20) days of receipt of a complete filing, with a recommendation of map
approval.
16.24.100 Final Tract Map Approval by the City Council
The date the final tract map or final parcel map shall be deemed filed with the City Council
shall be the date of the next regularly scheduled meeting of the City Council following the
date on which the City Clerk receives the recommendation for map approval from the
Director of Public Works. The City Council shall consider approval of the subdivision
improvement agreement and improvement security, and any other required agreements,
in conjunction with the approval of the map. If any of the items requiring City Council
approval are deemed unacceptable by the City Council, the City Council shall instruct the
Director of Public Works to secure corrections, according to their direction.
The City Council shall approve or disapprove the subdivision improvement agreement,
improvement security and final tract map or final parcel map at the meeting at which it
receives the map or at the next regular meeting following the meeting at which it received
the map. If the City Council does not approve or disapprove the map within this time
period, or any authorized extension thereof, and the map conforms to all requirements and
rulings, it shall be deemed approved. The City Clerk shall certify or state its approval
thereon.
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The City Council shall not postpone or refuse approval of a final tract map or final parcel
map because the subdivider has failed to meet a tentative map condition requiring
construction or installation of off-site improvements on land which neither the subdivider nor
the City has sufficient title or interest to permit the improvements to be made. However,
in such case, prior to final map approval, the subdivider shall be required to enter into an
agreement with the City to complete such improvements pursuant to Government Code
Section 66462 upon acquisition of said title and interest by the City. Upon entering into
such agreement, the City shall acquire the subject property interest in accordance with the
provisions of Government Code Section 66462.5. Failure of the subdivider to execute such
an agreement shall be cause of the City Council to refuse approval of the final map or final
parcel map.
16.24.120 Limitation on Map Denial by the City Council
The City Council shall not deny approval of a final tract map or final parcel map if the City has
previously approved a tentative map for the proposed subdivision and if the City Council finds that
the final tract map or final parcel map is in compliance with the requirements the Subdivision Map
Act, this Title, and the approved tentative map.
16.24.140 Filing with the Office of the County Recorder
Upon approval of the final tract map or final parcel map and subdivision improvement
agreement by the City Council, the City Clerk shall execute the appropriate statement on
the statement sheet and shall, subject to the provisions of Government Code Section
66464, transmit the map, or cause the Director of Public Works transmit the map, to the
County of Riverside Recorder's office for filing. The final tract map or final parcel map and
any separate documents (if required) shall be filed concurrently.
If, for any cause of the subdivider, the final or parcel map is not recorded by the Riverside
County Recorder's office within 180 days from the date the City Council approved the final
or parcel map, then the City Council's approval of the final tract map shall be automatically
rescinded, and all bonds or sureties will be returned to the subdivider. If the tentative map
has expired, the unit of land previously affected by the final tract map or final parcel map
will automatically revert to its pre-map configuration. If the tentative map has not yet
expired, then the tentative map will be considered in effect, except that such action shall
not alter the expiration date of the tentative map.
16.24.160 Waiver of Final Parcel Maps by Director of Public Works
The Director of Public Works is authorized to waive final parcel maps with the County,
without City Council approval, when the Director of Public Works can make the following
findings:
4.
5.
6.
No dedications, easements, restrictions, or fee title is being granted to the City of
Temecula or any public agency as a function of the final parcel map.
No agreements involving the City, CC&R's, or maintenance entities are required as
part of the conditions of approval of the final parcel map.
No mitigation measures are required as part of the conditions of approval of the final
parcel map.
Four (4) or fewer parcels are created by the final parcel map.
No public improvements are required as part of the subdivision.
It has been determined to the satisfaction of the Director of Public Works that
sufficient monumentation of the parcels exist so as not to justify an additional land
survey.
The Director of Public Works may decline to approve the final parcel map, and instead
process it in accordance with Section 16.24.060 of this Title.
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The limitations on denial of a final tract map by the City Council as set forth in Section
16.24.100, shall apply to the Director of Public Works when approving a final parcel map
in accordance with this Section.
Any final parcel map approved by the Director of Public Works in accordance with this
Section shall be subject to the procedures and requirements set forth in Section 16.24.220
16.24.180 Certificate of Correction
After a final tract map or final parcel map is filed in the office of the County Recorder, it may be
amended by a certificate of correction for any of the following purposes:
A. To correct an error in any course or distance shown on the map.
B. To show any course or distance that was omitted from the map.
C. To correct an error in the description of the real property shown on the map.
D. To indicate monuments set after the death, disability, retirement from practice or
replacement of the engineer or surveyor charged with responsibilities for setting
monuments.
To show the proper location or character of any monument that has been changed in
location or character, or originally was shown at the wrong location or incorrectly as to its
character.
To correct any other type of map error or omission as approved by the Director of Public
Works, which does not affect any property right. Errors and omissions may include, but are
not limited to, lot numbers, acreage, street names and identification of adjacent record
maps. Error does not include changes in courses or distances from which an error is not
ascertainable from the data shown on the final tract map or final parcel map.
16.24.200 Form and Content of Amendment
The certificate of correction shall be prepared and signed by a registered civil engineer or licensed
land surveyor. The form and contents of the amending map shall conform to the requirements of
Chapters 16.09 and 16.24. The certificate of correction shall set forth in detail the corrections
made and show the names of the present fee owners of the property affected by the correction.
16.24.220 Submittal and Approval by Director of Public Works
The certificate of correction, complete as to final form, shall be submitted to the Director of Public
Works for review and approval. The Director of Public Works shall examine the certificate of
correction and if the only changes made are those set forth in Section 16.24.200, this fact shall be
certified by the Director of Public Works on the certificate of correction
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16.24.240 Filing with the County Recorder
The certificate of correction certified by the Director of Public Works shall be filed or recorded in
the office of the County Recorder in which the original map was filed.
16.27 ADDITIONAL TENTATIVE MAP, FINAL MAP, AND PARCEL MAP REQUIREMENTS
16.27.020 Survey and Monuments Required
An accurate and complete survey of the land to be subdivided shall be made by a registered
civil engineer or licensed land surveyor authorized to practice land surveying by the State
of California, pursuant to the requirements of the Director of Public Works. All information
required by City standards shall be incorporated into the survey.
At the time of making the survey for the final or parcel map, or within two (2) years from the
complete and timely filing of the final or parcel map, whichever occurs first, the civil
engineer or surveyor shall set sufficient durable monuments to conform with the standards
of the Subdivision Map Act and City standards.
The Director of Public Works may waive the requirements in subsections A and B for parcel
maps at his or her discretion.
16.27. 040 Energy Conservation
The design of a subdivision shall be in conformance with Government Code Section 66473.1, with
respect to passive or natural heating or cooling opportunities in the subdivision.
16.27.060 Geotechnical, Geologic, and Soils Reports
Soils report. A preliminary soils report, based upon adequate subsurface exploration, test
borings and laboratory tests, shall be required for every subdivision for which a final or
parcel map is required, prior to approval of the tentative or parcel map. In the event the
preliminary soils report indicates the presence of collapsible or expansive soils, liquefaction,
or other soil problems, which if not corrected could result in structural defects, a
geotechnical investigation of each lot or parcel in the subdivision shall be undertaken, and
a report shall be submitted to the Director of Public Works recommending corrective action
which is likely to prevent structural damage to each structure proposed to be constructed
in the area where such soils problems exists. The subdivision or any portion thereof where
such soil problems exist may be approved if it is determined that the recommended
corrective action is likely to prevent structural damage to each structure to be constructed
and that the issuance of any building permit shall be conditioned to include this
recommended corrective action with the construction of each affected structure. The report
may be waived if, in the exercise of his or her professional judgment, the Director of Public
Works finds that sufficient knowledge exists as to the qualities of the soils within the
proposed subdivision.
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Geologic and geotechnical reports shall be required, prior to approval of the tentative or
parcel map, when a subdivision involves any of the following:
The subdivision is within any zone requiring special study by the State Geologist or
the Director of Public Works.
The subdivision proposes to dispose surface water through the use of drywells or
other subsurface facilities;
The site of the subdivision contains hillside areas where the existing gradient equals
or exceeds ten (10) percent.
The development of the subdivision requires excavation into bedrock.
Geotechnicai, geologic and soils reports, as required herein, shall be prepared by an
engineer or geologist, as applicable, who is authorized to practice and prepare said reports
by the State of California. Said reports shall be reviewed and approved by the Director of
Public Works. If public improvement plans or grading plans are required as part of the map
approval process, the review and approval of the geotechnical, geologic or soils reports
shall be required prior to approval of public improvement plans or grading plans. The
Director of Public Works may waive these requirements for parcel maps at his or her
discretion, in the exercise of his or her professional judgment. The Director of Public Works
shall make a copy of all approved reports available to the public.
16.27.080 Rood Management
Prior to approval of any tentative map or parcel map, the subdivider shall demonstrate, to the
satisfaction of the Director of Public Works, that the design of the subdivision is such that it
conforms with Chapter 17.20 Of the City's Municipal Code. The Director of Public Works may
require studies, mapping, easements, design and construction as part of the final or parcel map
processing to ensure that this requirement is met. Unless otherwise permitted by this Title, no final
tract map shall be recorded if additional studies, engineering design, acquisition. of easements or
construction of flood control facilities are required for issuance of any building permit for the
subdivision. The Director of Public Works shall make a copy of all approved studies available to
the public. Such studies shall be prepared under the direction of a registered civil engineer.
16.27. 100 Environmental Constraints Sheet Required
When an Environmental Constraint sheet is required a note shall be placed below the Surveyor's
notes on the final tract 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 Riverside County Surveyor in E.C.S. Book , Page
This affects Lot Nos. or Parcel No. "
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16.30 IMPROVEMENTS
16.30.020 General
The subdivider shall construct all required improvements both on-site and off-site, in
accordance with the standards approved by City Council resolution and applicable City
standards as provided by this Title. Except as provided herein, the subdivider shall be
required to install all improvements that are required as conditions of approval to the
tentative map, and to install all improvements that are required by City ordinance or
resolution.
The applicant shall pay all impact fees. pursuant to the applicable impact fee ordinances,
in the amount that is in effect at the time such fees are due.
16.30.040 Improvements Required
If the subdivider of a vesting tentative map is required to construct off-site improvements
on land in which neither the subdivider nor the City has sufficient title or interest to allow
construction, then the subdivider shall provide written evidence, prior to the application for
the vesting tentative map being deemed complete, that all off-site interests in property
required for the project have been acquired, unless the Director of Public Works finds,
based on substantial evidence, that the subdivision design incorporates an alternative that
would comply with City standards in the absence of the off-site improvement.
If the subdivider is required to construct off-site improvements on land in which neither the
subdivider nor the City has sufficient title or interest to allow construction, the subdivider
shall provide written evidence that a good faith effort has been made to acquire the title or
interest in the land to construct required off-site improvements, in accordance with City
standards. If the subdivider, after a good faith effort, is unable to acquire the property, the
City shall, within one-hundred twenty (120) days of filing the final tract.map, acquire by
negotiation or commence condemnation of the land, in substantial compliance with the
procedures set forth in Government Code Section 7260, or the City shall waive the
condition for the off-site construction. Prior to approval of the final tract map, the City shall
require the subdivider to enter into an agreement to complete the off-site improvements at
the time that title or an interest in the land is acquired. The subdivider shall pay the cost
of acquiring off-site land or an interest in the land required to construct the off-site
improvements, including reasonable attorney's fees and costs, prior to initiation of
acquisition proceedings by the City.
16. 30.060 Deferred Improvements
Any request for deferred construction of on-site and off-site improvements for tentative or
parcel maps may be approved by the Planning Commission, in its sole discretion, at the
time of approval of the tentative map. Any improvements which are deferred by the
Planning Commission shall be noted on the final or parcel map and a Deferred
Improvement Agreement shall be filed with the Director of Public Works prior to or
concurrent with the filing of the parcel map.
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The City Attorney shall approve the form and content of all Deferr.ed Improvement
Agreements prior to the City accepting the document.
16.30.080 Design of Improvement Plans and Standards
Standards for design and construction of subdivision improvements shall be in accordance
with the applicable City standards, the Conditions of Approval of the tentative map, and the
requirements established by the Director of Public Works.
Public improvement plans shall be acted on by the Director of Public Works within the time
frame set forth in Government Code Section 66456.2.
Public improvement plans shall be prepared under the direction of a registered civil engineer
and shall be reviewed and approved by the Director of Public Works, if he or she can make
the following findings:
The plans am signed and stamped by a registered civil engineer:
The plan designs are consistent with the tentative map, the conditions of approval
and applicable City standards, with the exception of minor errors or incompleteness,
which do not materially affect the design or the plan constructability thereof.
All reports and studies required to evaluate the facility design and the completeness
of the plans have been prepared by a registered civil engineer and have been
reviewed and approved by the Director of Public Works.
All conditions of approval relative to public improvement requirements have been
addressed to the satisfaction of the reviewing authority and the Director of Public
Works.
All title and interest has been obtained by the subdivider for off-site property interest.
All cost estimates have been approved by the Director of Public Works, and
payment of all applicable fees have been received.
Approval of designs and plans have been obtained from all other applicable
agencies, as required by the Director of Public Works.
All improvement plans shall be prepared in accordance with the City standards in effect at
the time the tentative map is deemed complete. However, the Director of Public Works
may modify those City standards under the following conditions:
When necessary to protect public health, safety and welfare.
When needed to comply with state or Federal laws.
When, in the opinion of the Director of Public Works, with the consent of the
subdivider, a new standard or requirement is needed which will not materially affect
the intent of the subdivider or the conditions of approval. This shall include the
adoption of other agency standards for use by the Director of Public Works.
E. The Director of Public Works approval of any public improvement plans, or any grading
plans that are required as part of the approval of the final or parcel map, shall expire upon
the he expiration of any applicable Subdivision Improvement Agreement, or two (2) years
from the date the Director of Public Works approves the plans, whichever is later. Upon
expiration of those plans, new approvals from the Director of Public Works, together with
the payment of new plan review fees, shall be required for any portions of the subdivision
for which grading and improvements have not been completed.
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The provisions within this code shall apply to the construction of all the park facilities and
or any proposed TCSD slope maintenance areas, as required by the Director of Community
Services.
All conditions if approval relative to any public park and/or TCSD slope maintenance
improvement requirements have been addressed in conformance with this section and all
applicable TCSD standards, as required by the Director of Community Services.
16.30.100 Subdivision Improvement Agreements and Improvement Security
Pursuant to the Subdivision Map Act, if any public improvement required as part of the approval
of the subdivision will not be completed and accepted in accordance with Section 16.30.060 prior
to approval of the final tract map, then prior to a determination of a complete and timely filing of the
final tract map by the Director of Public Works, the Subdivider, at his expense, shall be required
to enter into a Subdivision Improvement Agreement with the City to complete said public
improvements in accordance with Section 16.30.060. Performance of said agreement shall be
guaranteed by the security specified in this section.
The form and content of Subdivision Improvement Agreements shall be approved by the
City Attorney. The agreement shall include, but not be limited to, the following minimum
terms and conditions.
Construction of all improvements as set forth in the approved plans and
specifications.
The maximum period within which all improvements shall be completed to the
satisfaction of the Director of Public Works.
Provisions for inspection of all improvements by the Director of Public Works and
payment of fees by the subdivider for the cost of such inspection and all other
incidental costs incurred by the City in enforcing the agreement.
A provision that if the subdivider fails to complete the work within the specified
period of time, or any extended period of time that may have lawfully been granted
to the subdivider, the City may, at its option, complete the required improvement
work and the subdivider and his surety shall be firmly bound, under a continuing
obligation, for payment of the full cost and expense incurred or expended by the
City in completing such work, including interest from the date of notice of said cost
and expense until paid.
A provision that, in the event of litigation occasioned by a default of the owner or
subdivider, his successors or assignees, the owner or subdivider, his successors
or assignees will pay all costs involved, including reasonable attorney's fees, and
that the same may be recovered as part of a lien against the real property.
Additional terms or provisions, as may be necessary, pertaining to the forfeiture,
collection, and disposition of improvement security upon the failure of the
contracting party to comply with the terms and provisions thereof or with the terms
and provisions of this Code.
B. Subdivision Improvement Agreements shall be valid for a period specified in the agreement,
but not to exceed two (2) years from the effective date of the agreement. The Director of
Public Works may, in his discretion, extend the term of the Subdivision Improvement
Agreement. The agreement shall not only bind the present subdivider, but also his heirs,
successors, executors, administrators, and assignees so that the obligat. ion runs with the
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D,
real property. All agreements shall be executed by all those parties executing the final or
parcel map, with all signatures acknowledged before a notary public, and shall be
transmitted by the City Clerk to the County Recorder concurrently with the final tract map.
Said agreement shall be recorded upon the title of said real property, in'the Office of the
County Recorder, at the expense of the subdivider.
Improvement securities shall be required to be posted as a guarantee of the performance
of any act, improvement, or obligation required as a condition of approval of any final tract
map, parcel map waiver, lot line adjustment, or lot merger. Unless otherwise provided
herein, all such improvement securities shall be provided in one of the following forms,
subject to the approval of the Director of Public Works and City Attorney:
=
A bond or bonds by one or more duly authorized corporate sureties substantially in
the form prescribed in the subdivision Map Act and subject to the approval and
acceptance of the City Attorney and City Council.
A deposit with the City of either, immediately negotiable bonds or a letter of credit.
Any other form of security, including a lien or other security interests in real property,
which the Director of Public Works and the City Attorney may, in their discretion,
allow provided they determine that it is equivalent to the foregoing forms of security
in terms of security and liquidity.
Any written contract or document creating security interest established pursuant to
subsection (C.3) above shall be recorded in the Office of the County Recorder. From the
time of recordation, a lien shall attach to the real property described therein, which lien shall
have the priority of a judgment lien in the amounts specified.
The subdivider shall provide as security to the City.
For performance and guarantee: An amount determined by the Director of Public
Works equal to one hundred (100) percent of the total estimated cost of the
improvement to be performed, including grading monumentation. The estimated
cost of improvement shall include a ten (10) percent contingency and a ten (10)
percent increase for projected inflation computed to the estimated mid-point of
construction.
For payment: An amount determined by the Director of Public Works equal to fifty
(50) percent of the total estimated cost of the improvement to be performed,
excluding grading and monumentation.
Improvement security may be released upon the final completion and acceptance of the act
or work by the City Council; provided, however, such release shall not apply to the amount
of security deemed necessary by the Director of Public Works for the guarantee and
warranty period, nor to costs and reasonable expense fees, including reasonable attorney's
fees, incurred by the City in enforcing any improvement agreement. The subdivider shall
not be entitled to any reduction in security until all improvements have been completed to
the satisfaction of the Director of Public Works.
The subdivider shall enter into a separate parkland/landscape improvement agreement and
provide security for any public park facility, landscape median and TCSD slope
maintenance area in conformance with this title and all applicable TCSD standards.
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37
16.30. 120 Completion of Improvements
Public improvements required as a condition of approval shall be completed in accordance
with this Title, unless they am deferred pursuant to Section 16.10.030. The Director of
Public Works shall review and approve any improvement agreement, conduct an
inspection, and approve any constructed public improvement necessary to satisfy this
provision, with the City Council providing final approval of any agreement or acceptance of
any completed public improvement.
Once begun, public improvements for a final tract map, or a parcel map when required, shall
be constructed to completion without interruption. The subdivider shall exercise due
diligence to ensure that this provision is met to the satisfaction of the Director of Public
Works. Construction and inspection of public improvements shall be governed by City
standards and the requirements of any applicable permit.
C,
At such time as the Director of Public Works determines that any public improvement is
complete to allow the release of ninety (90) percent of the applicable securities, said public
improvement shall be considered to have entered the warranty period. The warranty period
shall be a minimum of one (1) year; however, it may be extended as long as necessary to
ensure that the public improvements are suitable for public ownership and maintenance
responsibility, as determined by the Director of Public Works and acce. pted by the City
Council.
Notwithstanding any applicable agreement, the ownership of an responsibility for the
construction and maintenance of any public improvement is held by the subdivider and shall
remain so until such time as the City Council accepts the completed public improvements.
Upon acceptance of a public improvement, the City Council shall provide a notice of
completion for that public improvement, and it shall authorize the Director of Public Works
to release applicable securities for that public improvement. This action shall serve to
transfer ownership and maintenance responsibility of the public improvement from the
subdivider to the City, and to provide full acceptance of the applicable dedication or
easement, which acceptance had been contingent upon completion and acceptance of
public improvements within said dedication or easement, subject to the terms of any
applicable agreement.
Public park facilities and/or any proposed TCSD slope maintenance areas shall be
completed in accordance with the provisions of this Title and to the satisfaction of the
Director of Community Services. The City Council shall provide final approval and
acceptance of public park facilities and other fee title interests. The TCSD Board of
Directors shall provide final approval and acceptance of all designated TCSD slope
maintenance areas.
16.30. 140 Dedications
Dedication of land or payment of fees in lieu of dedication of parkland shall be pursuant to
the provisions contained within Chapter 16.33.
B. Right-of-way dedications, irrevocable offers of dedication, and grants of easements required
upon a final or parcel map shall either be accepted, consented for recordation, accepted
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subject to improvement, or rejected at the time the final or parcel map is approved.
Acceptance of the dedication or easement shall serve to transfer the appropriate interest
to the City, subject to the terms of the offer and the acceptance certificate. Rejection of the
dedication or easement shall reserve the City's ability to accept all or part of the dedication
or easement in accordance with State law. The Director of Public Works shall determine
whether the dedication, irrevocable offer of dedication, or easement shall be accepted,
accepted subject to improvement or rejected pursuant to City standards.
Fee title shall be granted by the subdivider when in the opinion of the City Council in
consultation with the Director of Public Works, it is necessary to carry out policies and
requirements of the General Plan and any City ordinance, resolution or standard.
The types of dedications, easements or grants of fee title that a subdivision may be subject
to shall include, but shall not be limited to: streets, alleys, access rights, drainage, public
utility, landscape, slope and sewer.
16.33 PARK DEDICATION REQUIREMENTS
16.33.020 Purpose
This chapter establishes criteria for the dedication of land or payment of in-lieu fees for the
development of new, or rehabilitation or enhancement of existing community parks or recreational
facilities in accordance with Section 66477 of the Government Code and other applicable law.
16.33.040 Applicability
As a condition of approval of a final tract map, the subdivider shall dedicate land, pay a fee in lieu
thereof, or both, at the option of the City, for neighborhood and community park or recreational
purposes in accordance with the standards herein, the General Plan and the Parks and Recreation
Master Plan, and the formulas contained in this Section.
16.33.060 General Standard
Pursuant to the City's Park and Recreation Master Plan, the City Council reaffirms its finding that
the amount of existing neighborhood and community park areas, as of the date Of Resolution No.
90-53 and the date of Ordinance No.460, Section 10.35(c), exceeds the three (3) acres per 1,000
persons residing in the City, and that the public interest, convenience, health, welfare, and safety
require that a minimum of five (5) acres of property for each 1,000 persons residing within this City
be devoted to neighborhood and community park recreational purposes.
16.33.080 General Dedication Requirements
Whenever a tentative map which is subject to the provisions of this section is submitted to
the City, the developer shall consult with the Director of Community Services to determine
whether parkland, in-lieu fees or a combination of both shall be dedicated for park and
recreational purposes.
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The conditions of approval of a tentative map subject to the provisions of this section shall
require the dedication of land, the payment of in lieu fees, or a combination of both for park
and recreational purposes at the discretion of the City pursuant to Section 16.33.040. If the
land is to be dedicated, conceptual plans for the park improvements shall be reviewed by
the Director of Community Services and the proposed dedication shall be identified on the
tentative map as a separate numbered lot.
The amount and location of the property to be dedicated and/or the amoGnt of any fees to
be paid shall be determined by the Director of Community Services pursuant to the
provisions of this Chapter.
Whenever subsequent development occurs on property for which fees have already been
paid or land dedicated, no additional fees or dedications shall be required except as to any
additional lots or dwelling units which were not subject to a prior fee or dedication
requirement.
If parkland is to be dedicated, park improvement plans shall be reviewed and approved prior
to final map approval by the Director of Community Services. An agreement and securities
shall be posted prior to approval of the final map to guarantee construction of the park to
City standards.
Land dedicated shall be conveyed by grant deed in fee title to the City upon completion of
the improvements to City standards and acceptance by the City Council. Said parkland
shall be free and clear of all encumbrances except those that the City accepts in writing.
An environmental site assessment report shall be required for all park areas to determine
that the land is free from toxic hazardous materials. The subdivider shall provide all fees
and instruments necessary to convey the land plus a preliminary title report and title
insurance in favor of the City, in an amount approved by the City.
Whenever fees are to be paid, the fees shall be paid prior to recordation of the final tract
map, or in the instance of; maps consisting of five (5) or less parcels or less, prior to
issuance of building permits, as determined by the City. If the payment of fees is deferred
to building permit, for maps consisting of (5) parcels or less, the City shall determine
whether the fees shall be paid on a pro rata basis for each dwelling unit prior to the
issuance of a building permit, or on a pro rata basis for certain percentages of the dwelling
units prior to the issuance of building permits.
Whenever land has been conveyed or fees paid to the City and a final tract map is never
recorded or, if recorded, is reverted to acreage, the City shall, at its option, either reconvey
all land dedicated to it, repay all fees paid without interest, allow the deve. loper a credit for
any land dedicated or fees paid to be applied only to a new subdivision on the same
property, or make other arrangements with the subdivider.
16.33. 100 Determination of Land or Fee
In considering whether the City accepts land dedication or elects to require payment of a fee in lieu
thereof, or a combination of both, the analysis shall consider the following:
A. The minimum park size acceptable for dedication to the City as a provision of this section
shall be three (3) usable acres, unless approved by the Director of Community Services.
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Usable acreage for parklands is defined as follows: Proposed parkland must have a
maximum slope of 2-3% over 90% of the total area of the park. The remaining 10% may
contain slopes greater than 2-3% if approved by the Director of Community Services. The
proposed park must have a length to width ratio no greater than 2:1. A minimum of two
sides of the park must abut public streets. Sewer, water, electricity and storm drain
connections must be available at the park. The Director of Community Services must
approve any deviation from these standards.
The natural features, access, and location of the proposed park site within the subdivision
available for dedication that are compatible with the location of existing proposed park sites
and trail ways and the compatibility of dedication with the City's General Plan and Park and
Recreation Master Plan..
For subdivisions containing 50 parcels or less only the payment of fees may be required:
provided, however, that when a condominium project, stock cooperative or community
apartment project exceeds 50 dwelling units, the dedication of land may be required even
though the number of parcels may be less than 50. Nothing herein shall prevent the City
from accepting the voluntary dedication of land by a subdivider for a subdivision containing
less than 50 parcels if the dedication meets the other requirements of this section.
Whenever the actual amount of land to be dedicated is less than the amount of land
required to be dedicated, the subdivider shall pay fees for the value of any additional land
that otherwise would have been required to be dedicated.
Nothing in this Section shall be interpreted to prohibit, or limit in any manner, the City from
determining the location and configuration of land to be dedicated. The determination of the
City Council as to whether land shall be dedicated, or whether a fee shall be charged, or
a combination thereof, shall be final and conclusive.
16.33. 120 Formula for Dedication of Land.
Where a park or recreation facility has been designated and is to be located in whole or in part
within the proposed subdivision to serve the immediate and future needs of the residents of the
subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that
bears a reasonable relationship to serve the present and future needs of the residents of the
subdivision. The amount of land to be provided shall be determined pursuant to the following
formulas:
Average number of persons/unit x 5 acres
1,000
Example for a single family dwelling unit (DU):
= minimum acreage dedication 1,000 persons
3.12 x .005=01605 acres/DU
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PARK LAND DEDICATION FORMULA*
TVDe of Dwelling
Average Density/Dwelling Unit
Single family residential (detached garage)
Single family attached ( attached garage)
Multi-family attached (2 - 4 units)
Multi-family attached (5 or more units)
Mobile homes
3.12
2.85
2.48
2.43
2.00
*Established pursuant to Section 66477 (a) of the Government Code
The subdivider, in addition to the dedicated land required by this section, may be conditioned to
provide park improvements, as determined by the City. In return for park improvements, the
developer shall receive fee credits against the overall park land dedication requirements of this
section and/or the parks and recreation component of the City's Development Impact Fees equal
to the cost of said improvements.
The land to be dedicated and the improvements to be made pursuant to this section shall be
subject to the approval of the Director of Community Services and shall conform to the City's
guidelines for park dedications.
16.33.140 Criteria for Requiring Payment of In-Lieu Fees
Whenever a fee is to be paid in lieu of the dedication of land, the following provisions shall apply:
The fee shall be based either on the fair market value of the land which would otherwise
be required or on a fixed in-lieu rate established by the City Manager. If no fixed in-lieu fee
rate has been established, the fee shall be determined by multiplying the number of acres
of land required to be dedicated pursuant to this section by the per acre fair market value
of the improved value of the subdivision.
The fair market value shall be determined and agreed to by the City and the subdivider.
However, if an agreement on the fair market value cannot be reached, the subdivider may
at his own expense, obtain an appraisal of an acre of land within the subdivision based on
the value of the land as a recorded map. If the City does not accept the subdivider's
appraisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which
the subdivider pays, which shall be final and conclusive.
Ce
Whenever fees are paid pursuant to this section, the public agency shall deposit them into
a separate subdivision park account. Money in said account, including accrued interest,
shall be expended solely for the acquisition or development of parkland, br improvements
related thereto or rehabilitating existing park or recreational facilities within the planning
area. If the final tract map is withdrawn or rejected, the fees shall be returned without
interest to the subdivider.
The City shall commit the uses of the collected fees for park or recreational purposes to
serve residents of the subdivisions and planning area within five years upon receipt of
payment or within five years after the issuance of building permits on one half of the lots
created by the subdivision, whichever occurs later. If the fees are not so committed, they
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shall be distributed and paid to the then record owners of the subdivision in the same
proportion that the size of their lot bears to the total area of all lots in the subdivision.
The Director of Community Services shall report to the City Council at least annually on
income, expenditures and status of the subdivision park account.
16.33. 160 Credit for Private Parks and Recreation Areas
Where private park areas for active recreational purposes are proposed within a subdivision to be
privately owned and maintained, the subdivider may receive up to a fifty percent (50%) credit
against the requirement of land dedication or payment of in-lieu fees as follows:
Yards, court areas, setbacks, and other open space areas required by the Community
Development Department shall not be included in the computation of such private open
space;
Use of the private park or recreational area is restricted for park and recreation purposes
by recorded covenants which run with the land in favor of the future owners of the property
which cannot be eliminated without the consent of the City and which are submitted to the
City prior to the approval of the final tract map;
The private park or recreation area is reasonably adaptable for use for park and recreation
purposes, taking into consideration such factors as size, shape, topography, geology,
access, and location;
The private park and recreation facilities shall be owned by the developer or a homeowners
association composed of all property owners in the subdivision and iricorporated as a
nonprofit mutual benefit organization, operated under recorded land agreements through
which each lot owner, renter, or lessee is automatically a member, and each lot is subject
to a charge for a proportionate share of expenses for maintaining the facilities;
E. Active recreational purposes shall mean, for purposes of this section:
Park areas for active recreational pursuits, such as sports fields, court games,
swimming pools, children's play areas, picnic areas and open lawn areas having a
maximum 10% slope.
Recreational buildings and facilities designed for the recreational needs of the
residents within the development.
Active recreational uses do not include natural open space, nature study areas, open space
or buffer areas, steep slopes, riding and hiking trails, scenic overlooks, water courses,
drainage areas or water bodies.
16.33.180 Exemptions
This section shall not apply to the following land divisions:
A. Commercial or industrial and those parcels exempted by the provisions of Section 66477
(a) (8) of the Subdivision Map Act.
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16.36
Subdivisions containing less than five parcels and not used for residential purposes shall
be exempted from the requirements of this ordinance; provided however, that a condition
shall be placed on the approval of a tentative parcel map that if a building permit is
requested for construction of a residential structure or structures on one or more of the
parcels within four years after the map is approved, a fee may be required to be paid by the
owner of each parcel as a condition to the issuance of such building permit.
Condominium projects or stock cooperatives which consist of the subdivision of airspace
in an existing apartment building which is more than five years old when no new dwelling
units are added.
LOT LINE ADJUSTMENT
16.36.020 Purpose
This Chapter establishes procedures for adjusting the boundary lines between two (2) or more
existing parcels.
16.36.040 Applicabifity
Lot line adjustment may be utilized to reconfigure two or more adjoining lots into sizes or shapes
appropriate for desired uses.
16.36.060 Filing of Lot Line Adjustments
Requests for a lot line adjustment shall be filed with the Community Developmerit Department on
an approved City application form.
16.36.080 Processing Procedures
Once an application has been accepted for filing, the Director shall distribute the lot line
adjustment request for review and comment to the Public Works Department and other
appropriate departments or agencies.
Within 30 days of acceptance of the application, the Director shall either approve the lot line
adjustment, approve with conditions, or deny the lot line adjustment.
The applicant shall provide the City with new grant deeds which reflect the approved lot line
adjustment. City shall record new grant deeds and provide copies to the applicant.
Upon approval or conditional approval of the lot line adjustment and receipt by the City of
the recorded deeds reflecting the new configuration, the Director shall issue either a
Certificate of Compliance or a Conditional Certificate of Compliance as required, indicating
the City's acceptance and approval of the request.
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16.36. 100 Evaluation Criteria
The following conditions shall be met as a condition of approval of a lot line adjustment:
A. The adjustment does not create a greater number of parcels than originally existed.
B. The resulting lot(s) conform with City General Plan development and building codes.
C. The adjustment does not cause existing uses of the property to be out of compliance with
any provisions of the Municipal Code.
D. All lots involved are legal lots.
16.36. 120 Conditions of Approval
The Director may not impose conditions or exactions on the approval of a lot line adjustment,
except:
A. To conform with zoning and building codes.
To require the prepayment of real property taxes prior to the approval of the lot line
adjustment.
C. To facilitate the relocation of existing utilities, infrastructure, or easements.
16.36.140 Prohibited Conditions
A record of survey shall not be required for a lot line adjustment unless required by Section
8762 of the Business and Professions Code, State of California.
No tentative map, parcel map, or final tract map shall be required as a condition to the
approval of a lot line adjustment.
16.36. 160 Fees
A completed request for a lot line adjustment request shall include payment of a processing fee as
established by City Council resolution.
16.36. 180 Appeals
All appeals shall be processed as provided by Chapter 17.03.090, of the Development Code.
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16.39 MERGER OF CONTIGUOUS PARCELS
16.39.020 Purpose
The purpose of this section is to provide procedures by which the City may require or provide for
the merger of contiguous parcels under common ownership. This Section has been adopted in
compliance with the provisions of Sections 66451.11 of the Subdivision Map Act and complies with
the provisions of Sections 66451.10 through 66451.21 inclusive, of the Subdivision Map Act, which
provides the City with authority for the merger of contiguous parcels.
16.39.040 When Parcels May Be Merged
The Director or the owner of any contiguous parcel may initiate the merger of ~ny parcel which
meets the requirements of Subsection C of Section 16.13.030. The Director, Planning Commission
or City Council may require the owner of any contiguous parcel to request the merger of any or all
contiguous parcels within the City in conjunction with the approval of any development plan
(Chapter 17.05) or conditional use permit (Chapter 17.04) of the Temecula Municipal Code.
16.39.060 Merger Requirem en ts
The merger of a parcel with a contiguous parcel(s) may only occur if all the following requirements
are satisfied:
A. Any contiguous parcels are held by the same owner or owners.
That at least one of the affected parcels is undeveloped and does not contain a structure
for which a building permit was issued or for which a building permit was not required at the
time of construction, or is developed only with an accessory structure or other structure
which is sited or partially sited on a contiguous parcel.
C. That one or more of the following conditions applies to any affected parcel:
3.
4.
5.
6.
7.
8.
At least one of the parcel(s) involved comprises less than 5,000 square feet in area
at the time of the determination of merger.
The parcel was not legally created in compliance with all applicable laws and
ordinances in effect at the time of its establishment.
The parcel does not meet slope stability standards.
The parcel does not met current standards for sewage disposal and domestic water
supply.
The parcel has no legal access which is adequate for motor vehicles or safety
equipment.
The development of the parcel would create health and safety hazards.
The parcel is inconsistent with the City's General Plan, any approved Specific Plan,
or the provisions of the City's zoning and development code.
A lot line passes through a structure within a development project that has been
approved pursuant to the Development Code.
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D. That the parcels when merged will not:
Be inconsistent or create a conflict with the City Development Code or General Plan,
or any approved Specific Plan.
Create a conflict with the location of any existing structures.
Deprive or restrict another parcel of access.
Create new lot lines.
16. 39.080 City Initia ted Merger
Pdor to merging any contiguous parcels, the Director shall, by Certified Mail to the property
owner(s) of record at the address shown on the latest available assessment roll of the
County of Riverside, mail a Notice of Intent to Merge which notifies the owner(s) that the
affected parcels may be merged pursuant to the provisions of this Section. The notice shall
include the statement that the Owner(s) will be given the opportunity to request a hearing
and to present evidence that the proposed contiguous parcel merger does not meet the
criteria for a merger. For the purpose of this Ordinance, a property owner is any person
holding any portion of the title for any involved property.
The Notice of Intent to Merge shall be recorded with the Riverside County Recorder on the
date that the notice is given to all property owner(s) of record·
Within thirty (30) days of the recordation of the Notice of Intent to Merge, the owner of the
affected property must file a request for a hearing regarding the proposed merger, with the
Planning Department.
If the owner of the affected property does not file a request for a hearing within the
thirty (30) day time period specified above, the Director of Planning shall determine
whether or not to merge the contiguous parcels. To merge contiguous parcels the
Director of Planning shall make the following findings:
a. The merged parcel complies with the appropriate provisions of the
Subdivision Map Act and all applicable City Requirements for the merging
of contiguous parcels.
b. The merged parcel does not adversely affect the purpose and intent of the
City's General Plan or the public health, safety, and welfare.
If the owner of the affected property requests a hearing on the merger, then
Planning Commission, after a hearing, shall make the determination whether or not
the affected parcels are or are not to be merged.
The Planning Department shall set a time, date, and location for the hearing upon receiving
a request for a hearing from the property owner of the affected property or on the thirty-first
(31) day following the recordation of the Notice of Intent to Merge. The hearing shall be
conducted within sixty (60) days following the receipt of the owner's request, but may be
continued with the mutual consent of the Planning Commission and the property owner.
Notice of the hearing shall be given to the property owner(s) by Certified Mail.
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At the hearing the property owner shall be given the opportunity to prese. nt evidence that
the affected property does not meet the merger requirements set forth in this Subsection
C of this Section. At the conclusion of the hearing, the Planning Commission shall make
a determination to whether the affected parcels are to be merged or not to be merged. To
merge contiguous parcels the Planning Commission shall make the following findings:
The merged parcel complies with the appropriate provisions of the Subdivision Map
Act and all applicable City Requirements for the merging of contiguous parcels.
The merged parcel does not adversely affect the purpose and intent of the City's
General Plan or the public health, safety and welfare.
If the Planning Commission determines that the subject parcels shall be merged, it shall
cause the Notice of Intent to Merge to be recorded as provided for in Section 66451.12 of
the Government Code. If notification cannot be made at the time of the hearing to the
parcel owner in person, notification shall be made by Certified Mail. The Commission shall
notify the owner of its determination no later than five working days after the conclusion of
the hearing.
If the Planning Commission determines that the parcels should not be merged, the
Commission shall instruct the Director of Planning to release the Notification of Intent to
Merge and mail a copy of the release to the property owner.
16.39.100 Property Owner Requested Merger
When the owner or owners of record of any contiguous pamel, as defined in Subsection C,
requests the merger of four (4) or fewer contiguous parcels, application shall be made on
the forms and in the manner specified by the Director.
Within thirty (30) days of the application to merge parcels, the Director of Planning shall
determine whether the affected parcels are to be merged. To merge contiguous parcels
the Director of Planning shall make the following findings:
The merged parcel complies with the appropriate provisions of the. Subdivision Map
Act and all applicable City Requirements for the merging of contiguous parcels.
The merged parcel does not adversely affect the purpose and intent of the City's
General Plan or the public health, safety, and welfare·
If the Director of Planning determines that the subject parcels shall be merged, it shall
cause the Notice of Merger to be recorded as provided for in Section 66451.12 of the
Government Code. If notification cannot be made at the time of the hearing to the parcel
owner in person, notification shall be made no later than five working days after the
conclusion of the hearing.
If the Director determines that the parcels should not be merged, the Director of Planning
shall release the notification of intent to merge and mail a copy to the release to the
property owner.
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16.39. 120 Effective Date of Merger
The merger of any contiguous parcels shall become effective upon recordatiori of the Notice of
Merger with the County Recorder. The Notice of Merger shall specify the date of the Director's
determination, the names of the recorded owners, and a legal description of the properties.
16.39.140 Appeal of Merger
The appeal of the Director's determination to merge contiguous parcels to the appropriate advisory
agency shall be made in accordance with the appeal provisions contained in Section 17.03.090 of
the Development Code.
16.42 REVERSION TO ACREAGE
16.42.020 General
Any subdivided property may be reverted to acreage pursuant to the provisions of the Subdivision
Map Act and this Title. Subdivisions also may be merged and resubdivided without reverting to
acreage, under the provisions of Certificate of Parcel Merger.
16.42. 040 Initiation of Proceedings
By Owners Proceedings to revert subdivided property to acreage may be initiated by
petition (in a form prescribed by the Director) of all the owners of record of the property.
By City Council - The City Council may, by resolution, initiate proceedings to revert property
to acreage. The City Council shall direct the Department of Community Development to
obtain the necessary information to initiate and conduct the proceedings and to notify all
property owners affected.
16.42.060 Filing of Reversion to Acreage
Requests for petition shall be filed with the Community Development Department on an
approved City application form.
B. The application shall contain, but not be limited to, the following:
o
Evidence of title to the real property.
Evidence of the consent of all of the owners of an interest in the property.
Evidence that none of the improvements required to be made has been made within
two years from the date the final or parcel map was filed for record, or within the
time allowed by agreement for completion of the improvements, whichever is later.
Evidence that no lots shown on the final or parcel map have been sold within five
years from the date such final or parcel map was file for record.
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,
A final tract map or final parcel map, in the form prescribed by Chapter 16.05 or
Section 16.06 delineating dedications that will not be vacated and dedications
required as a condition to reversion. Final tract maps or final parcel maps shall be
conspicuously designated with the title, "The Purpose of this Map .is a Reversion to
Acreage".
16.42.080 Submittal of Petition to Director
The final or parcel map for the reversion, together with all other data as required by this article,
shall be submitted to the Director for review. Upon finding that the petition meets with all the
requirements of the Subdivision Map Act and this Chapter, the Director shall submit the final or
parcel map, together with a report and recommendations of approval or conditional approval of the
reversion to acreage, to the City Council for its consideration.
16.42. 100 City Councfi Approval
A public hearing shall be held by the City Council on all proposed reversions to acreage.
Notice of the public hearing shall be given as provided in Section 17.03.040 of the
Development Code. The Department may give such other notice that it deems necessary
or advisable.
The City Council may approve a reversion to acreage only if it finds and records by
resolution that:
Dedications or offers of dedication to be vacated or abandoned by the reversion to
acreage are unnecessary for present or prospective public purposes.
Either:
a. all owners of an interest in the real property within the subdivision have
consented to reversion; or
b. none of the improvements required to be made has been made within two
years from the date the final or parcel map was filed for record, or within the
time allowed by agreement for completion of the improvements, whichever
is later; or
c. no lots shown on the final or parcel map or portion thereof have been sold
within five years from the date such map was filed for record,
The City Council may require as conditions of the reversion:
a. that owners dedicate or offer to dedicate streets, public right-of-way or
easements; including easements or fee interest for flood control facilities.
b. that all or a portion of previously paid subdivision fees, deposits or
improvement securities be retained if the same are necessary to accomplish
any of the purposes for provisions of this article; or
c. such other conditions of reversion as are necessary to accomplish the
purposes or provisions of this Chapter or necessary to protect the public
health, safety or welfare.
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16.42. 120 Filing With The County Recorder
Upon approval of the reversion to acreage, the City Clerk shall transmit the final tract map or final
parcel map to the County Recorder for recordation. Reversion shall be effective upon the final tract
map or final parcel map being filed for record by the County Recorder. Upon filing, all dedications
and offers of dedication not shown on the final tract map or final parcel map for reversion shall be
of no further force or effect.
16.45 CERTIFICATE OF LAND DIVISION COMPLIANCE
16.45.020 Purpose
Certificates of Compliance provide a means for conferring legal status to parcels of land which were
not created by legal means and shall be issued in accordance with Section 66499.35 of the
Government Code and this Chapter.
16.45. 040 Appficability
This Chapter applies to parcels of land for which there is no final tract map, final parcel map, official
map, or approved certificate of exception which establish legal status for the parcels.
16.45. 060 Filing Pro cedures
Requests for certificates of compliance shall be filed with the Community Development Department
on an approved City application form and shall be accompanied by all the required application
materials.
16.45.080 Review and Processing Procedures
The City shall review the application and shall issue a Certificate of Compliance or a Conditional
Certificate of Compliance. The determination shall be based on the following criteria:
A Certificate of Compliance shall be issued for any parcel created prior to March 4, 1972,
which meets the following criteria:
The parcels resulted from a division of the land in which fewer than five (5) parcels
were created, and
At the time of creation of parcels, there was no local ordinance regulating the
division of land.
A Certificate of Compliance shall be issued for any real property which has been approved
for development pursuant to Section 66499.34 of the Government Code.
C. A Certificate of Compliance or a Conditional Certificate of Compliance shall be issued for
any parcel which does not, or at the time of creation did not, comply with the provision of
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state or local ordinances regulating the division of land. A Conditional Certificate of
Compliance may include the conditions as follows:
If the subdivider was not the owner of record at the time of the initial land division,
the conditional Certificate of Compliance may impose conditions which would have
been applicable to a division of land on the date the subdivider acquired the
property.
If the subdivider was the owner or record at the time of the initial iand division and
currently owns one or more of the parcels involved in the land division, the
conditional Certificate of Compliance may impose conditions which would be
applicable to a current division of land.
The City shall file the completed Certificate of Compliance or Conditional Certificate of
Compliance with the Riverside County Recorder's Office.
16.51 TRADITIONAL NEIGHBORHOOD DEVELOPMENT-SUBDIVISION STANDARDS
16.51.020 Purpose
The purpose of this section is to allow for the development of fully integrated, mixed-use pedestrian
oriented neighborhoods. The intent is to minimize traffic congestion, suburban sprawl,
infrastructure costs, and environmental degradation. The provisions of this sedtion adapt urban
conventions that were normal in the United States prior to World War II and were based on the
following design principles.
A. All neighborhoods have identifiable centers and edges.
Edge lots are readily accessible to retail and recreation by non-vehicular means (a distance
of no greater than 1/4 mile).
C. Uses and housing types are mixed and in close proximity to one another.
D. Street networks are interconnected and blocks are small.
E. Civic buildings are given prominent sites throughout the neighborhood.
16.51.040 Street and Lot Layout Requirements
The widths, alignments and geometric designs of streets and highways shall conform to City
standards and to the following requirements:
Streets shall provide access to all tracts and lots.
All streets and alleys shall terminate at other streets within the neighborhood and
connect to existing and projected though streets outside the development.
There shall generally be a continuous network of alleys to the rear of lots within the
TND.
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9.
10.
The average perimeter of all blocks within the TND shall not exceed 1,350 feet. No
block face shall have length greater than 500 feet without a dedicated alley or
pathway providing through access.
Utilities shall run along alleys wherever possible.
Street lamps shall be installed on both sides of the street no less than 100 feet
apart.
Rights-of-way and streets are encouraged to differ in dimensions according to use.
Each street shall be separately designated in accordance with the following labels
and street nomenclature.
a. Boulevard (BV) A boulevard is a larger multilane and generally urban
corridor with a central, planted median.
b. Avenue (AV) An avenue is a connector that may be multilaned and run
through a TND, terminating its axis a civic building or monument.
c. Street (ST) a street typically allows two-way vehicular travel, is of closed-
section (curb and gutter) design, will predominately have sidewalks on both
sides, does not have a central median or "refuge" area, and is the most
common corridor in a TND.
d. Road (RD) A road provides access to primarily residential neighborhoods of
lower (one to three dwellings per acre), may be of open or closed drainage
section, and only has striped parking on street.
e. Drive (DR). A drive is found at the edge between a developed, sometimes
urban area and a natural area such as a stream bed or dedicated natural
open space; one side of a drive may be detailed with curbing, gutters,
sidewalk and striped parking, while the other side may be detailed as a more
rural condition, depending on location and the subdivider'.s intent.
f. Alley (AL) an alley is found to the rear of lots, has no sidewalks or setbacks,
is designed as the service routes for the lots they abut, and is typically
constructed with inverted crowns and center drainage, but may be
constructed otherwise where lower density residential lots only are serviced.
Building setback lines shall be established along all streets and public space
frontages, determining the width desired for each street or public space.
The long axis of the street shall have appropriate termination with either a public
monument, specifically designed facade, or a gateway to the ensuing space.
Cul-de-sacs shall be allowed only where topography or lot line configurations offer
no practical alternative. They shall not exceed 250 feet in length from the nearest
intersection with a street providing through access.
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16.5f. 060 Street Right-of-Way Standards
The maximum street right-of-way shall be conform to the following table:
Land Use Row
Detached Homes 40'
Attached Homes/
Small Lot 50'
Detached Homes
Shop Front 65'
Business 65'
TABLE 16,51.060
MAXIMUM RIGHT-OF-WAY
Travel Lanes Parallel Parking Sidewalks
2 @ 10' None 5'
2 @ 10' 8' on both sides 6'
2 @ 12' 8' on both sides 12'
2 @ 11' and
one 10' central 8' on both sides 9'
turning lane
Curb
Radius
Max.8'
Max. 10'
Max.10'
Max. 15'
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16.54 DEFINITIONS OF TERMS
"Alley" means a public way for pedestrian, equestrian, or vehicle use which affords only a
secondary means of access to abutting properties.
"Approved" when used to refer to tentative map or other subdivision or recon~guration action
having received the consent, endorsement, or permission of the City or any advisory agency and
shall include those maps or actions which have been conditionally approved.
"CEQA" means the California Environmental Quality Act of 1970 as amended..
"City" means the City of Temecula and/or its employees, consultants, agents, or designees.
"Consistent" means free from variation or contradiction. State law requires consistency between
a general plan and implementation measures such as the subdivision ordinance.
"County" means the County of Riverside.
"County Recorder" means the recorder for the County of Riverside.
"Development Code" means Title 17 of the City of Temecula Municipal Code, including all text and
maps, as it may be amended from time to time.
"Design" means (1) street alignments, grades, and widths; (2) drainage and sanitary facilities and
utilities, including alignments and grades thereof; (3) location and size of all required easements
and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7)
grading; (8) land to be dedicated for park or recreational purposes; and (9) su'ch other specific
physical requirements in the plan and configuration of the entire subdivision as may be necessary
to incur consistency with, or implementation of the general plan or any applicable specific plan; (10)
the linking of components of the built environment, thereby establishing a sense of order and
organization to what otherwise can be perceived as disjointed or haphazard development.
"Director" means the Director of Community Development or his or her designee.
"General Plan" means the General Plan of the City of Temecula, including all adopted elements
and maps, as it may be amended from time to time.
"Improvement" means any street work and utilities to be installed, or agreed to be installed, by the
subdivider on the land to be used for public or private streets, highways, ways, and easements, as
are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic
and drainage needs as a condition precedent to the approval and acceptance of the final tract map.
It also means any other specific improvements or types of improvements, the installation of which,
either by the subdivider, by public agencies, by private utilities, by any other entity approved by the
local agency, or by a combination of them, is necessary to ensure consistency with, or
implementation of the general plan or any applicable specific plan.
"Lot" means a parcel of real property with a separate and distinct number or other designation
shown on an approved map such as a final tract map, parcel map, record of survey, other plot, or
described as a separate and distinct lot by a metes and bounds description, which is filed in the
office of the county recorder.
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"May" shall mean permissive.
"Net area" excludes area on a lot or lots identified or designated for utilization as dedications and
easements for access to ingress to or egress from property easements for streets or
pedestrian/equestrian purposes irrespective of whether such easements are public or private.
"Park and Recreation Master Plan" means the Park and Recreation Master Plan for the City of
Temecuta, including all adopted elements and maps, as it may be amended from time to time.
"Section" means a section of this title, unless some statute or other ordinance is referred to.
"Shall" is a mandatory directive.
"Slope" means the land gradient described as the vertical rise divided by the horizontal run, and
expressed in percent.
"Subdivider" means the landowner or the owner's designee.
"Subdivision Map Act" means Section 66410 et seq. of the Government Code.
"TCSD" means the Temecula Community Services District.
"TND" means Traditional Neighborhood Development.
"Tentative map" means a map prepared in accordance with the provisions of this Title and for the
purpose of showing the design and improvement of a proposed subdivision and the existing
conditions in and around it, and it need not be based upon an accurate and detailed final survey
of the property.
"Vesting tentative map" means a tentative map prepared in accordance with the'provisions of this
Title that shall have pdnted conspicuously on its face the words "Vesting Tentative Map" at the time
it is filed.
"Zoning District" means a specifically delineated area, district or zone within the city in which
regulations and requirements uniformly govern the use, placement, spacing and size of land and
buildings.
16.57 ENFORCEMENT
16.57. 020 Prohibition
No person shall sell, lease, or finance any parcel or parcels of real property or commence
construction of any building for sale, lease or financing thereon, or allow oc. cupancy thereof,
for which a final tract map or parcel map is required by the Subdivision Map Act or this
Ordinance, until such a map, in full compliance with the provisions of the Subdivision Map
Act and this Ordinance, and has been filed for record by the County Recorder.
B. Conveyances of any part of a division of real property for which a final or parcel map is
required by the Subdivision Map Act or this Ordinance shall not be made by parcel or block
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number, letter or other designation, unless and until such map has been filed for record by
the County Recorder.
This section does not apply to any parcel or parcels of subdivision offered for sale or lease,
contracted for sale or lease, or sold or leased in compliance with or exempt from any law,
including this Ordinance, regulating the design and improvement of subdivisions in effect
at the time the subdivision was established.
Nothing contained in Paragraphs (I) above shall be deemed to prohibit an offer or contract
to sell, lease or finance real property. or to construct improvements thereon where such
sale, lease of financing, or the commencement of such construction, is expressly
conditioned upon the approval and filing of a final tract map or parcel map, as required
under the Subdivision Map Act or this article.
16.57.040 Remedies
Any deed of conveyance, sale or contract to sell real property which has been divided or
which has resulted from a division in violation of the provisions of the Subdivision Map Act
or this article, is voidable at the sole option of the grantee, buyer or person contracting to
purchase, any heirs, personal representative, or trustee in insolvency or bankruptcy thereof
within one year after the date of discovery of such violation.
Any grantee, or successor in interest thereof, of real property which has been divided, or
which has resulted from a division, in violation of the provisions of this Ordinance or the
Subdivision Map Act may, within one-year of the date of discovery of such violation, bring
an action in the superior court to recover any damages suffered by reason of such division
of property. The action may be brought against the person who so divided the property and
against any successors in interest who so divided the property and against any successors
in interest who have actual or constructive knowledge of such division of property.
The provisions of this section shall not apply to the conveyance of any parcel of real
property identified in a Certificate of Compliance filed recorded final tract map or parcel
map, from and after the date of recording.
The provisions of this section shall not limit or affect, in any way, the rights of a grantee or
successor in interest under any other provision of law.
This section does not bar any legal, equitable or summary remedy to which the City or other
public agency, or any person, firm or corporation may otherwise be entitled, and the City
or other public agency, or such person, firm or corporation may file a suit in the superior
court to restrain or enjoin any attempted or proposed subdivision or sale, Subdivision Map
Act or this article.
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The City shall not issue a permit or grant any approval necessary to develop any real
property which has been divided or which has resulted from a division, in violation of the
provisions of the Subdivision Map Act or this Ordinance, if it finds that development of such
real property is contrary to the public health or the public safety. The authority to deny or
approve such a permit shall apply whether the applicant therefore was the owner of record
at the time of such violation or whether the applicant therefore is either the current owner
of record or a vendee thereof with, or without, actual or constructive knowledge of the
violation at the time of the acquisition of an interest in such real property.
If the City issues a permit or grants approval for the development of any real propc ~y
illegally subdivided under the provisions of paragraph (vi) above, the City may impose thc:.e
additional conditions which would have been applicable to the division of the property at the
time the current owner of record acquired the property. If the property has the same owner
of record as at the time of the initial violation, the City may impose conditions applicable to
a current division of the property. If a conditional Certificate of Compliance has been filed
for recordation in accordance with the provisions of Chapter 16.45. only'those conditions
stipulated in that certificate shall be applicable.
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