Chapter 16.04 — GENERAL PROVISIONS

Pursuant to the authority of the Subdivision Map Act of the State (Government Code Section 66410 et seq.), the provisions of this title are supplemental to those of the act, and shall apply to all divisions of land into two or more lots hereafter made when such land is entirely or partially within the limits of the city. The city of Moorpark planning commission, unless otherwise stated herein, is designated as the advisory agency charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions. The city of Moorpark city council is the approving authority and is authorized to approve, conditionally approve or disapprove tentative maps of subdivisions prepared and filed according to this title and the Subdivision Map Act.

(Ord. 334 § 1 Exh. A, 2006)

Terms used in this title shall be as defined in the State Subdivision Map Act and those additions as indicated below.

"Advisory agency" means the city of Moorpark planning commission, unless stated otherwise.

"Approving authority" means the city of Moorpark city council, unless stated otherwise.

"City" means the city manager of the city of Moorpark or his/her designee.

"City council" means the city council of the city of Moorpark.

"City engineer" means the city engineer/public works director of the city of Moorpark.

"Development review committee" means a staff committee comprised of representatives from the community development department, city engineer/public works department, fire district and other agencies and departments involved in development.

"Director" means the community development director of the city of Moorpark.

"Local agency" means the city of Moorpark, unless stated otherwise.

"Lot" means a lot, parcel and other designation of a portion of property.

"Subdivision Map Act" means Sections 66410 through 66499.58 of the California Government Code, and any additional sections as may be added by the legislature.

"Tentative map" refers to a map made for the purpose of showing the design and improvement of a proposed subdivision 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" refers to a map which meets the requirements of a vesting tentative map as defined in the Subdivision Map Act.

(Ord. 334 § 1 Exh. A, 2006)

Variances to the provisions of Chapter 16.08, Streets, and Chapter 16.12, Alleys and Easements of this title may be approved by the city council concurrently with or after the consideration of the tentative map or tentative parcel map when the required findings under Title 17, Chapter

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City of Moorpark, CA § 16.04.030

SUBDIVISIONS

§ 16.04.050

17.44 can be made. An application for a variance shall be on the prescribed forms by the director and shall be accompanied by submittal requirements. Fees for a variance application shall be the same fee as for a variance of any provision of Title 17 of this code. (Ord. 334 § 1 Exh. A, 2006)

Every street, alley, right-of-way, easement or other public place shown on any subdivision map of land within the city shall be offered for dedication to the city for public use, but this provision shall not apply to private parks and playgrounds which may be appropriated to the exclusive use of owners of lots in the subdivision.

(Ord. 334 § 1 Exh. A, 2006)

• A. Any and all streets adjacent to and within the proposed subdivision as well as any other improvements which the city council has determined to be necessary by conditions of approval, in order to comply with the latest adopted city council policies, general plan and zoning ordinance of the city of Moorpark shall be installed by the developer. Installation of the required improvements shall be in accordance with plans and specifications reviewed and approved by the city engineer.

• B. When all improvements including utilities, as required by this chapter and conditions of approval of the subdivision, associated with any lot(s) have been satisfactorily completed in the opinion of the city engineer, the city engineer with the approval of the director, may authorize occupancy of the lot(s). The decision of the city engineer may be appealed to the city council upon the submission of the required appeal fee. The city council may authorize occupancy of the lots where it finds that the strict enforcement of the conditions of approval and/or complete installation of improvements may cause undue hardship. The city council may, in its discretion, temporarily waive the full installation of improvements or strict enforcement of the conditions of approval, in whole or in part.

• (Ord. 334 § 1 Exh. A, 2006)

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City of Moorpark, CA

SUBDIVISIONS

§ 16.08.010

§ 16.08.040

CHAPTER 16.08 STREETS