Article II — Reimbursements

The city council may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that such improvements shall be dedicated to the public. Supplemental length may include minimum sized offsite sewer lines necessary to reach a sewer outlet in existence at that time.

(Ord. 334 § 1 Exh. A, 2006)

The city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such supplemental improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The amount of the reimbursement shall be determined by the following procedure:

• A. The subdivider shall submit three bids from licensed contractors, approved by the city engineer, estimating the cost of constructing the improvements with supplemental size, capacity, number or length, as well as the cost of the improvements for the subdivision only.

• B. The amount of the reimbursement shall be the lowest difference on the submitted bids between the estimate with supplemental size, capacity, number or length and the estimate of the improvements for the subdivision only. The bid upon which the determination is made need not be the bid chosen by the developer for construction of the improvements.

• (Ord. 334 § 1 Exh. A, 2006)

In order to pay the costs as required by the reimbursement agreement, the city may:

• A. Collect from other persons, including public agencies, using such supplemental improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

• B. Contribute to the subdivider part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefited to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider.

• C. Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefited.

• (Ord. 334 § 1 Exh. A, 2006)

The city council may establish an area of benefit pursuant to Section 16.08.010 of this title and may impose a reasonable charge on property within the area which, in the opinion of the city council, is benefited by the construction of the bridge or major thoroughfare. The charge

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City of Moorpark, CA

MOORPARK CODE

§ 16.16.110

§ 16.16.110

collected shall be paid to the city or subdivider constructing the bridge or major thoroughfare, and the city may enter into a reimbursement agreement with the subdivider. (Ord. 334 § 1 Exh. A, 2006)

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City of Moorpark, CA § 16.20.010

SUBDIVISIONS

A tentative map, parcel map or final map shall not be required for any conveyance or agreement made solely for the purpose of correcting, confirming or relocating a boundary common to abutting lots or parcels of land, provided that the approval of the advisory agency is obtained pursuant to Government Code Section 66412(d). In the case of a modification of the lot lines that affect more than four parcels under common ownership within a subdivision even if submitted as separate lot line adjustments, a parcel map, or tract map will be required, unless specifically allowed under conditions of approval by the city council. The director shall act as the advisory agency in this matter. Approval shall be based upon the submittal of an application established by the director, a processing fee established by city council resolution and based upon the following findings:

• A. The lots or units of land are existing legal lots.

• B. The resulting lots or parcels of land shall conform to the provisions of the applicable zoning and building ordinances of the city of Moorpark; provided, however, that the director may approve modifications of legal nonconforming lots where the modifications do not affect the public health and safety with the concurrence of the building official of the city of Moorpark. The director may approve a lot line adjustment for a legal nonconforming lot(s) only when the director determines there will be no increase in the nonconformity in accordance with the requirements of Title 17 of this code.

• C. No additional lot or unit of land is created.

• D. If the lot line adjusted is between lots or parcels created by deed or by a record map, the applicant shall provide evidence to the city:

  1. Documentation that taxes have been paid as specified in Chapter 8 of Chapter 4 of Division 2 of Title 7 of the Government Code, commencing with Section 66492.

  2. A deed or deeds reflecting the approved adjustment, signed by all required parties and notarized, together with recording fees and documentary transfer tax, if any. In the case where a record map created the lots or parcels a plat shall be attached showing the approved modification, signed by a registered civil engineer or a licensed land surveyor.

  3. Documentation from a title company of the applicant's choice verifying that any deed of trust affected is partially reconveyed or modified to reflect the lot line adjustment and to prevent the creation of any additional lot or parcel.

• E. No record of survey shall be required unless required by Section 8762 of the Business and Professions Code. If a record of survey is prepared to show the lot line modification, recording of a plat is not required pursuant to subsection B of this section.

• F. All requirements of approval shall be met within 36 months from the date of approval or the approval will be considered null and void. Evidence shall be submitted to the director, prior to the expiration of approval, that all requirements of approval have been met. Deeds and plats (if required) shall be submitted to the city engineer for checking and approval

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City of Moorpark, CA § 16.20.010

MOORPARK CODE

§ 16.20.020

prior to recordation. (Ord. 334 § 1 Exh. A, 2006)

Upon approval of an adjustment or conveyance, the director shall cause a certificate of compliance to be prepared and recorded. The certificate shall contain the property description describing the reconfigured parcel or parcels. Prior to the recordation of the certificate, all deeds exchanging property between the affected parcels or consolidating the affected parcels and other pertinent information required by the director, shall be submitted to the director and reviewed and approved by the city engineer. All deeds and other documents submitted to the city shall be signed by the appropriate parties and notarized in accordance with applicable law. Once the director is satisfied that all requirements of approval have been met, the director shall cause the deeds, certificate and other documents to be recorded.

(Ord. 334 § 1 Exh. A, 2006)

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City of Moorpark, CA § 16.24.010

SUBDIVISIONS