Jurupa Valley Municipal Code Ch. 7.05 Introductory Provisions and Definitions

A. The ordinance codified in this title is adopted pursuant to the provisions of the Subdivision Map Act (Gov. Code Section 66410 et seq.).

B. All land divisions in the city as hereinafter defined are subject to all of the applicable provisions of the Subdivision Map Act (Gov. Code Section 66410 et seq.) and this title.

A. The Jurupa Valley Planning Commission is designated as the "Advisory Agency" charged with the duty of making investigations and reports on the design and improvement of all proposed tentative Schedule "A", "B", "C", "D" and "E" maps. The Commission is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and report the action directly to the City Council and the land divider.

B. The Community Development Director of the City of Jurupa Valley is designated as the "Advisory Agency" charged with the duty of making investigations and reports on the design and improvement of all proposed tentative Schedule "F", "G", "H" and "I" Parcel maps in the City of Jurupa Valley. The Community Development Director is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and to report the action directly to the City Council and land divider. If any such tentative map land division includes a policy implication or the proposed use is the subject of concern for the public interest, as expressed by the City Council, the Community Development Director may refer review of the tentative map land division subject to the Community Development Director's review to the Planning Commission and the division shall be heard by the Planning Commission, as the Advisory Agency, in accordance with the provisions of Chapter 6.05.

C. Notwithstanding the above, or any other provision herein to the contrary, the City Council reserves exclusively to itself the duty to investigate, hear, approve, conditionally approve or disapprove all tentative land division maps included as part of a fast track project as defined by Section 9.10.590. The City Council's actions shall be final with no right of appeal.

(Ord. No. 2015-11, § 2, 9-3-2015; Ord. No. 2021-09, § 4, 4-15-2021)

A. The Planning Commission is established as the appeal board to which the land divider or any interested person may appeal from any action of the advisory agency with respect to tentative Schedule "F", "G", "H", and "I".

B. The City Council is established as the appeal board to which the land divider or any interested person may appeal from any action of the Planning Commission with respect to all tentative maps.

A. General definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Advisory agency means the Planning Commission or Community Development Director of Jurupa Valley.

Community services district means a community services district which has the power to construct and maintain streets.

Department of Transportation means the Department of Transportation of the State of California.

Fire Chief means the chief of the fire protection agency or designee having jurisdiction of the area in which a land division is located.

Flood control engineer means the person as determined by the area in which a land division is located as follows: Within the boundaries of the Riverside County Flood Control and Water Conservation District, it means the Chief Engineer of that district.

Health Officer means the Riverside County Director of the Riverside County Department of Environmental Health or designee. The term includes the City Manager or designee.

Land Use Ordinance means Title 9 of this Code as amended.

Community Development Director means the Community Development Director of Jurupa Valley.

Prime agricultural land and the Williamson Act mean either:

(1) Land which qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability classifications;

(2) Land which qualifies for rating 80 through 100 in the Storie Index Rating;

(3) Land which supports livestock used for production of food and fiber and which has an annual carrying capacity equivalent to at least one (1) animal unit per acre as defined by the United States Department of Agriculture;

(4) Land planted with fruit of nut-bearing trees, vines bushes or crops which have a nonbearing period of less than five (5) years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre;

(5) Land which has returned from the production of unprocessed agricultural plant products and annual gross value of not less than two hundred dollars ($200) per acre for three (3) of the previous five (5) years.

Recorder means the Recorder of Riverside County.

Staff means the employees of the city, the Health and Fire Departments and the Riverside County Flood Control and Water Conservation District.

B. Technical definitions.

Approved fire hydrant means an appliance meeting AWWA pamphlet C-502 or C-503 standards and approved by the water company and fire department having jurisdiction.

Comprehensive general plan means the comprehensive general plan of the city, including all elements thereof, as adopted by the City Council.

Contiguous units means adjacent parcels of land which shall be considered contiguous even if separated by roads, streets, utility easements or railroad rights-of-way.

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) Such other specific physical requirements in the plan and configuration of the entire land division as may be necessary or convenient to insure consistency with or implementation of the comprehensive general plan or any adopted specific plan.

Environmental constraint note means any note or notes required by the conditions of approval to be shown on an environmental constraint sheet and reference made thereto on the final map. This shall be required when constraints involving, but not limited to, any of the following are conditioned by the advisory agency or City Council: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability, and sewage disposal.

Environmental constraint sheet means a duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map, with the City Engineer, and labeled "Environmental Constraint Sheet" in the top margin. Applicable items will be shown under a heading labeled "Environmental Constraints Notes." The environmental constraint sheet shall contain the statement: "The environmental constraint information shown on this map sheet is for informational purposes describing conditions as of the date of filing, and is not intended to affect record title interest. This information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet."

Fire hazard areas means area within the city so designated on the map entitled "Hazardous Fire Areas of Riverside County" on file in the office of the City Clerk and in the office of the County Fire Chief.

Improvement means any street work, surveys and monuments and utilities to be installed, or agreed to be installed, by the land divider 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 needs as condition precedent to the approval and acceptance of the final map thereof. Improvement also means such other specific improvements or types of improvements the installation of which, either by the land divider, public agencies, private utilities, any other entity or by any combination thereof, is necessary or convenient to insure consistency with and implementation of the conditions of approval of the tentative map and the comprehensive general plan and any adopted specific plan.

Improvement standards means the standards set forth in this title and other ordinances related to the development of land as a subdivision or parcel map division.

Land division or subdivision means the division of any unit of units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, gift or financing, whether immediate or future. Land division or subdivision includes both tract map and parcel map divisions of land as hereinafter defined:

(1) "Tract map division" means a land division creating five (5) or more parcels, five (5) or more condominiums as defined in Civil Code Section 783, a community apartment project containing five (5) or more parcels, or the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units.

(2) "Parcel map division" means a land division where any of the following conditions prevail:

(a) The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the City Council.

(b) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway.

(c) The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths.

(d) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter (¼) of a quarter (¼) section.

(e) The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2.

(3) "Land division" or "subdivision" does not include:

(a) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks, or trailer parks.

(b) Mineral, oil, or gas leases.

(c) Land dedicated for cemetery purposes under the Health and Safety Code.

(d) A lot line adjustment between four (4) or fewer existing adjoining parcels, where the land taken from one (1) parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the city or Planning Commission. The city or Planning Commission shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. The city or Planning Commission shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Business and Professions Code Section 8762. The city shall approve or disapprove a lot line adjustment pursuant to the Permit Streamlining Act (Gov. Code Section 65920 et seq.).

(e) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(f) Any separate assessment under Revenue and Taxation Code Section 2188.7.

(g) The conversion of a community apartment project, as defined in Civil Code Section 4105, to a condominium, as defined in Civil Code Section 783, but only if all of the following requirements are met:

(i) The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the community apartment project.

(ii) Subject to compliance with Civil Code Sections 4290 and 4295, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the project as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the project shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the project.

(iii) If subdivision, as defined in Government Code Section 66424, of the property occurred after January 1, 1964, both of the following requirements are met:

a. A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion.

b. No more than forty-nine (49) percent of the units in the project were owned by any one (1) person, including an incorporator or director of the community apartment project, on January 1, 1982.

(iv) The city certifies that the above requirements were satisfied if the city, by ordinance, provides for that certification.

(h) The conversion of a stock cooperative, as defined in Civil Code Section 4190 or 6566, to a condominium, as defined in Civil Code Section 783, but only if all of the following requirements are met:

(i) The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the stock cooperative, an assignment of lease, or issuance of shares to a stockholder.

(ii) A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits.

(iii) Subject to compliance with Civil Code Sections 4290 and 4295, or with Civil Code Sections 6626 and 6628, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the cooperative as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the cooperative shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the cooperative.

(iv) If subdivision, as defined in Government Code Section 66424, of the property occurred after January 1, 1980, both of the following requirements are met:

a. A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion.

b. No more than forty-nine (49) percent of the shares in the project were owned by any one (1) person, including an incorporator or director of the cooperative, on January 1, 1982.

(v) The city certifies that the above requirements were satisfied if the city, by ordinance, provides for that certification.

(i) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical generation device on the land, if the project is subject to discretionary action by the Planning Commission or City Council.

(j) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the Planning Commission or City Council.

(k) Leases of agricultural land for agricultural purposes. As used in this subdivision, the term "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock.

(l) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the Planning Commission or City Council.

(m) The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the Planning Commission or City Council.

For a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the Planning Department, or until the construction of the improvements is required pursuant to an agreement between the subdivider and the city. In the absence of that agreement the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the city that fulfillment of the construction requirements is necessary for reasons of the public health and safety, or the required construction is a necessary prerequisite to the orderly development of the surrounding area. A designated remainder subsequently may be sold without any further requirement of the filing of a parcel map or final map, but the Community Development Director may require a certificate of compliance or conditional certificate of compliance.

Lot line adjustment means a minor alteration to adjust a lot line or lot lines. It is not a subdivision or re-subdivision procedure and is intended to be used only in those situations where the provisions of the Subdivision Map Act (Gov. Code Section 66410 et seq.) and this title applicable to subdivision and re-subdivisions do not apply.

Minor change means a minor modification of an approved tentative map that includes, but is not limited to, a change in lot lines, lot design or street alignment, building pad location or grading proposals provided that the basic design concept is retained. A minor change may decrease, but not increase the number of approved lots. A minor change may alter or delete any condition of approval which is no longer appropriate or necessary.

Planned residential development means residential development, including, but not limited to, statutory and nonstatutory condominiums, cluster housing, town houses and community apartments that is permitted reduced lot area, width and depth requirements and building setback requirements, by integrating into the overall development open space and outdoor recreational facilities, and which may include recreational and public assembly buildings intended primarily for the use of the residents of the project, within the development.

Public access means:

(1) A dedication to public use or to the city to the required width for road purposes;

(2) A permanent written easement for road purposes to the required width from the state or federal government;

(3) An access road, as defined in this title that has been open to the public without posting for five (5) years or more, provided adequate evidence thereof is submitted to and approved by the Public Works Director;

(4) A dedication to a community services district to the required width for road purposes.

Public improvements means traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, flood control or storm drain facilities, sewer and water facilities, and lighting facilities.

Revised tentative map means a modification of an approved tentative map wherein the design of the land division is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.

Specific plan means a plan adopted by the City Council that is based upon the comprehensive general plan of the city, as provided Government Code Title 7, Division 1, Chapter 3, Article 8 (Gov. Code Section 65450 et seq.).

Storm frequency of one (1) in one hundred (100) years means a storm that will probably be equaled or exceeded on the average of once every one hundred (100) years. It does not follow, however, that such a storm will be equaled or exceeded once in every one hundred (100) year period, or that having occurred once, it will not occur again for one hundred (100) years. It may occur several times in a one hundred (100) year period, but over a sufficient length of time the average is expected to be once in one hundred (100) years.

Tentative map means a map made for the purpose of showing the design and improvement of a proposed land division and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

Vesting tentative map means a land division that has printed conspicuously on its face the words "Vesting Tentative Map" and is processed in accordance with Section 7.15.090.

(Ord. No. 2021-09, § 4, 4-15-2021)

A. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access road means:

(1) An existing improved roadway, either graded, graded and based, or asphalt paved, built within the dedicated right-of-way and providing safe, passable access from a maintained road to a land division site; or

(2) A proposed road that will be constructed to grade, alignment, and width from the project site to a maintained or public road as defined in later chapters of this title.

Alley means a secondary means of access to property and is located at the rear or side of the property. Minimum right-of-way width shall be twenty (20) feet.

Arterial highway means a divided highway primarily for through traffic to which access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately one-quarter (¼) mile intervals. Minimum right-of-way width shall be one hundred and ten (110) feet.

Arterial (mountain) highway means a four (4) lane highway intended to serve through traffic in mountainous areas zoned for low density residential development. Access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately three hundred and thirty (330) foot intervals. Minimum right-of-way width shall be one hundred and ten (110) feet.

Arterial (urban) highway means a six (6) lane divided highway primarily for through traffic where anticipated traffic volumes exceed four (4) lane capacity. Access from other streets or highways shall be limited to approximately one-quarter (¼) mile intervals. Minimum right-of-way width shall be one hundred and thirty-four (134) feet.

Collector street means a street which is intended to serve intensive residential land use, multiple family dwellings, or to convey traffic through an area to roads of equal or similar classification or higher. It may also serve as a cul-de-sac in industrial or commercial use areas but shall not exceed six hundred and sixty (660) feet in length when so used. Minimum right-of-way width shall be sixty-six (66) feet.

Cul-de-sac street means a road open at one (1) end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.

Dead-end street means a street open at one (1) end only without provisions for turning around and which may be further extended into adjoining property.

Expressway means a highway for through traffic to which access from abutting property is restricted. Intersections with other streets or highways shall be limited to approximately one-half (½) mile intervals.

Freeway means a highway upon which the abutter's rights of access are controlled and which provides separated grades at intersecting streets.

General local street means a through street serving fifty (50) or more single-family lots or lot sizes of less than seven thousand, two hundred (7,200) square feet. It may also serve as a private interior street in an industrial park. Minimum right-of-way width shall be sixty (60) feet.

Highway or street means a right-of-way within which improvements are constructed for the conveyance of vehicular and pedestrian traffic and includes all highways, streets, road and alleys. The rights-of way and improvements shall be in conformity with county standards and specifications as set forth in County Ordinance No. 461.

Industrial collector means a three (3) lane circulatory street with a continuous left turn lane with at least one (1) end connecting to a road of equal or greater classification. Minimum right-of-way width shall be seventy-eight (78) feet.

Maintained road means a road in which the road maintenance shall be principally conducted by a governmental agency, a county or city service area, or community services district. A road maintained by a property owner's association may constitute a maintained road if the City Council determines that there is no other feasible means of guaranteeing maintenance of the road for public use, and if the association has the unqualified right and obligation to maintain the road pursuant to recorded conditions, covenants and restrictions which provide that such right and obligation cannot be amended or terminated without the mutual consent of the city and the association.

Major highway means a highway intended to serve property zoned for major industrial and commercial uses, or to serve through traffic. Intersections with other streets or highway may be limited to approximately six hundred and sixty (660) foot intervals. Minimum right-of-way width shall be one hundred (100) feet.

Major, secondary and residential frontage road or service road means an auxiliary street adjacent to freeways, expressways, arterial highways, major highways, secondary highways and flood control channels. Minimum right-of-way width shall be in accordance with the appropriate County Ordinance No. 461, Street Standards.

Part-width street means any street in which the improved width is less than the width necessary for a normal full-width street.

Private street means a street within a private development or a planned residential development whereby the street requirements are regulated by Section 7.10.030.

Restricted local or noncirculatory private interior street means a local street where, due to unusual conditions it is impractical to provide for a wider right-of-way or a street with limited circulation within a planned residential development. Minimum right-of-way shall be fifty (50) feet.

Rural road means any local residential street within designated areas, identified in the general plan, community plan, or a specific plan serving less than fifty (50) single-family lots with lot sized of one-half (½) acre or larger. Minimum right-of-way shall be sixty (60) feet.

Secondary highway means a highway intended to serve through traffic along longer routes between major traffic generating areas or to serve property zoned for multiple residential, secondary industrial or commercial uses. Minimum right-of-way width shall be eighty-eight (88) feet. Intersections with other streets and highways may be limited to three hundred and thirty (330) foot intervals.

Short local or circulatory private interior street means a residential street limited by design to serve less than fifty (50) single-family dwellings or a circulatory private street in a planned residential development. Minimum right-of-way width shall be sixty (60) feet.

B. Minimum improvements. The radii, maximum grade percentage, intersection intervals and all other design standards except pavement width shall be the same as those for a local road as required by County Ordinance No. 461. Minimum improvements are as follows:

C. Street and highway details.

Barrier strip means a strip of land one (1) foot or more in width dedicated to the city for street purposes and access control at the end of a dead-end street or along the side of a part-width dedicated street or other public right-of-way.

Bicycle way means an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.

Median means that portion of a divided highway separating the traveled way for traffic in opposite directions.

Multilane demand means that projected traffic volume will exceed the nominal capacity of a two (2) lane street section when such projected traffic volume is determined by a rational method of traffic generation employing land use techniques and traffic engineering principles.

Outer separation means the area between the traveled way of a highway for through traffic and a frontage road or service road.

Parkway means the area adjoining the outer edge of the roadbed, extending to the right-of-way line in which sidewalks, plantings, utilities, bank slopes and related facilities may be located.

Pedestrian way/sidewalk means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. A pedestrian way may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic.

Right-of-way means the entire width of property for the use of highways, flood and drainage works, overhead and underground utilities, or any related improvements.

Roadbed means that portions of the roadway extending from curb-face or to the outside lien of improved shoulders.

Roadway means that portions of the highway including roadbed, all slopes, side ditches, channels, waterways and all other related facilities which are located within a road right-of-way.

Traveled-way means that portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.