ORD 272ORDINANCE NO. 272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING TITLE 13 OF THE
LA QUINTA MUNICIPAL CODE RELATING TO SUBDIVISIONS
WHEREAS, the City Council of the City of La Quinta, California, did, on the first
day of August, 1995, hold a duly noticed public hearing to consider the proposed revision to the
Subdivision Ordinance; and
WHEREAS, the City Council and staff have conducted extensive review of the
existing subdivision code and determined that revisions were necessary to conform with the
Subdivision Map Act, the La Quinta General Plan, and City policy and practice in the approval
and administration of the subdivision process; and
WHEREAS, the City Council desires to protect and preserve the health, safety and
welfare of citizens; the quality of life within the City; and the character and value of La Quinta's
residential and commercial property; and
WHEREAS, the proposed revision of the Subdivision Ordinance is consistent with
the provisions of the California Government Code Sections 66410 to 66499.58 (the Subdivision
Map Act) and the La Quinta General Plan and Zoning Code; and -
WHEREAS, the City Council believes the foregoing and following statements re
true based upon its understanding of California law and the La Quinta Municipal Code and
judicial decisions in the public record.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of La
Quinta, California as follows:
SECTION 1. Title 13 of the La Quinta Municipal Code is hereby amended
to read as the Subdivision Ordinance attached herewith.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force
and effect 30 days after its adoption.
SECTION 3. POSTING. The City Clerk shall, within 15 days after
adoption of this Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and
shall cause this Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
Ordinance No. 272
PASSED, APPROVED AND ADOPTED this 19th day of September, 1995 by the
following vote:
AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena
NOES: None
ABSTAIN: None
ABSENT: None
/11 1- ,
JO J. EN , Mayor
City of La Quinta, California
ds#.4`6
SAUNDRA L. JUH16LA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWEL , Attorney
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true and correct copy of Ordinance No. 273 which was introduced
on the 1st day of August, 1995 and was adopted at a regular meeting held on the 19th day of
September, 1995 not being less than 5 days after date of introduction thereof.
I fu er certify that the foregoing ordinance was posted in three (3) places within the City of
La Quinta as specified in a resolution of the City Council.
'SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
that lff a foregoing ordinance was posted on October 20, 1995 pursuant to City Council
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
Ord 272
CITY OF LA QUINTA
SUBDIVISION ORDINANCE
13.04 BASIC PROVISIONS ................................... 13.04-1
13.08 LA QUINTA SUBDIVISION PROCESS ...................... Diagram
13.12 TENTATIVE SUBDIVISION MAPS ......................... 13.12-1
13.16 VESTING TENTATIVE MAPS ............................ 13.16-1
13.20 FINAL MAPS AND PARCEL MAPS ........................ 13.20-1
13.24 IMPROVEMENTS .................................... 13.24-1
13.28 IMPROVEMENT SECURITY ............................. 13.28-1
13.32 LOT LINE ADJUSTMENTS .............................. 13.32-1
13.36 MERGER OF PARCELS ................................ 13.36-1
13.40 REVERSIONS TO ACREAGE ............................ 13.40-1
13.44 CERTIFICATES OF COMPLIANCE ........................ 13.44-1
13.48 PARK DEDICATIONS (QUIMBY ACT) ...................... 13.48-1
13.52 MAJOR THOROUGHFARE AND BRIDGE BENEFIT DISTRICTS .... 13.52-1
INDEX ............................................... INDEX-1
APPENDIX - QUIMBY ACT RELATED POLICIES ..................... AP-1
Ord. No. 272
Chapter 13.04 BASIC PROVISIONS
Sections:
13.04.010
PURPOSE
13.04.020
APPLICABILITY
13.04.030
AUTHORITY
13.04.040
ADVISORY AGENCY
13.04.050
CONFORMANCE WITH EXISTING CITY PLANS AND
CRITERIA
13.04.060
REVIEW AND APPROVAL AUTHORITY
13.04.070
DEFINITIONS
13.04.010 PURPOSE
DEVELOPMENT
Title 13 of the La Quinta Municipal Code is adopted pursuant to Sections 66410 -
66499.58 of the Government Code to provide the City with legal authority for the
review and processing of proposed subdivision, reconfiguration and/or
consolidation of real property.
13.04.020 APPLICABILITY
Title 13 of the La Quinta Municipal Code shall apply to the subdivision,
reconfiguration and consolidation of land within the City of La Quinta.
13.04.030 AUTHORITY
The provisions of this Title are adopted pursuant to, are intended to be used in
conjunction with, and are to be construed in light of, the provisions of the
Government Code. Whenever adherence to the provisions of this Title would
constitute a violation of state and/or federal law, the provisions of state and/or
federal law shall take precedence.
13.04.040 ADVISORY AGENCY
The Community Development Director is designated an ';Advisory Agency" under
state law for the purposes of:
A. Investigating and preparing reports to the Planning Commission on the design
and improvement of subdivisions.
B. Approving, conditionally approving or disapproving tentative parcel maps.
13.04.050 CONFORMANCE WITH EXISTING CITY PLANS AND DEVELOPMENT
CRITERIA
A. All land divisions shall conform with the General Plan of the City, with all
applicable specific plans, with the requirements of the land use ordinance and
other ordinances, with the requirements of this title except as hereinafter
provided, and in conformance with the State Subdivision Map Act, all as may
be revised from time to time.
B. Exceptions from the requirements of this title relating to the design or
improvement of land divisions shall be granted only when it is determined
that there are special circumstances applicable to the property, such as, but
not limited to, size, shape or topographical conditions, or existing road
alignment and width, and that the granting of the modification will not be
detrimental to the public health, safety, welfare, or other property in the
vicinity.
C. Applications for exceptions shall be made, in writing, stating fully the reasons
and justification for the requested exception, and shall be filed with the
tentative map.
13.04.060 REVIEW AND APPROVAL AUTHORITY
The authority for review and approval of subdivisions and related land actions is
as follows:
Tentative maps *City Staff City Council
*Other responsible agencies
*Planning Commission
Vesting tentative maps *City Staff City Council
*Other responsible agencies
•Planning Commission
Tentative parcel maps *City Staff Community Dev't. Dir.
*Other responsible agencies
Tentative map extensions *City Staff City Council
*Other responsible agencies
*Planning Commission
f
Ord 272
Final and parcel maps
Waivers of parcel maps
Reversions to acreage
Lot line adjustments
Lot & parcel mergers
13.04.070 DEFINITIONS
*City Staff City Council
*Other responsible agencies
*Planning Commission
*City Staff Commwnity Dev't. Dir.
*Other responsible agencies
•City Staff City Council
•Other responsible agencies
•Planning Commission
•City Staff Community Dev't. Dir.
•Other responsible agencies
*City Staff Commmnity Dev't. Dir.
*Other responsible agencies
"Access/egress" means the ability to enter a site from a roadway and exit a site onto
a roadway by motorized vehicle.
"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 20 feet.
"Approved," when used to refer to a tentative map or other subdivision or
reconfiguration action having received the consent, endorsement or permission of
the City or any advisory agency thereof, shall include those maps or actions which
have been "conditionally approved."
"Archaeological" means that which relates to the material remains of past human
life, culture, or activities.
"Caltrans" means the California Department of Transportation.
"Census" means the official decennial enumeration of the population conducted by
the federal government.
"CEQA" means the California Environmental Quality Act.
"City" means the City of La Quinta and/or its employees.
"Civil code" means the Civil Code of the State of California.
"Consistent" means free from variation or contradiction. Programs in the General
Plan are to be consistent, not contradictory or preferential. State law requires
consistency between a general plan and implementation measures such as the
subdivision ordinance.
"Covenants, conditions, and restrictions" (CC&Rs) means a document which
describes restrictive limitations that may be placed on property and its use, and
which usually are made a condition of holding title or lease.
"Design" means and includes the following features: (1) street alignments, grades
and widths; (2) drainage water, and sanitary sewer 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 subdivision as may be necessary to ensure consistency
with, or implementation of, the general plan or any applicable specific plan.
"Detention basin" is a facility constructed to temporarily retard stormwater runoff
from entering downstream drainage facilities. Water is slowly released through an
outlet structure at a rate that will not exceed the carrying capacity of the
downstream channel. Detention basins are often planted with grass and used, in
dry weather, for open space or recreation areas.
"Development" means the uses to which the land which is the subject of a map shall
be put, the buildings to be constructed on it, and all alteration of the land and
construction incident to them.
"Development right" means the right to develop land by a land owner who
maintains fee -simple ownership over the land or by a party other than the owner
who has obtained the rights to develop. Such rights usually are expressed in terms
of density allowed under existing zoning. For example, one development right may
equal one unit of housing or may equal a specific number of square feet of gross
floor area in one or more specified zone districts.
"Easement" means the right to use property owned by another for specific purposes
or to gain access to another property. For example, utility companies often have
easements on the private property of individuals to be able to install and maintain
utility facilities.
"Finding(s)" means the result(s) of an investigation and the basis upon which
decisions are made. Findings are used by City employees and decision -making
bodies to justify action taken by them.
"Final map" means a final tract map.
Ord 272
"Flood, 100-year" means the magnitude of a flood expected to occur every 100
years, on average, based on historical data. The 100-year flood has a 1/100, or one
percent, chance of occurring in any given year.
"General Plan" means the General Plan of the City of La Quinta adopted pursuant
to Section 65302 et. seq. of the Government Code.
"Geologic analyses" means the analysis of geologic hazards, including all potential
seismic hazards, surface ruptures, liquefaction, landsliding, mudsliding, and the
potential for erosion and sedimentation.
"Government Code" means the Government Code of the State of California.
"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, 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 map. It also refers to 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.
"Parcel map" means a final parcel map.
"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.
"Pro rata" means the proportionate distribution of something to something else or
to some group, such as the cost of infrastructure improvements associated with new
development apportioned to the users of the infrastructure on the basis of projected
use.
"Retention Basin" is a facility constructed to prevent stormwater from entering
downstream drainage channels. The water retained until it percolates into the
ground and helps recharge the natural water table. Retention basins are often
planted with grass and used, in dry weather, for open space or recreation areas.
"Restrict" means to check, bound, or decrease the range, scope, or incidence of a
particular condition.
"Right of way" means the entire width of property used for highways, flood and
drainage works, overhead and underground utilities, or any related improvements.
"Shall" means that which is obligatory, necessary or mandatory.
"Slope" means land gradient described as the vertical rise divided by the horizontal
run, and expressed in percent.
"Specific plan" means a plan adopted by the City Council that is based upon the
City of La Quinta General Plan and is consistent with Section 65450et seq. of the
Government Code.
"Storm runoff" means surplus surface water generated by rainfall that does not seep
into the earth but flows overland to lower elevations.
"Street, collector" means a two (2) lane street within a 64 to 74 foot right of way
with a variable width of 40 to 50 feet between curb faces. Collector streets are
designed for both mobility and access to adjacent property and often provide on -
street parking. Collector streets generally serve shorter trips within neighborhoods
and access to higher -level streets. Westward Ho Drive is an example of a Collector
street within the City of La Quinta.
"Cul de sac" means a street open at one end only, with special provisions for
turning around. Further extension of a cul de sac is precluded by the land division
design.
"Street improvements, full -width" mean pavement, curb, gutter, sidewalks,
medians, traffic control devices, pavement markings, and other improvements
required by Chapter 13.24, the La Quinta General Plan Circulation Element and the
City Engineer."
"Street, local" means a two (2) lane street within a 60 foot right of way with a
variable width of 36 to 40 feet between curb faces. All remaining roadways which
do not fit within the arterial or collector classifications are local streets. The local
street system is designed for access to abutting properties and the movement of
traffic is of secondary importance.
"Street, major arterial" means a six (6) lane street within a 110 foot right of way,
96-foot width between curb faces, with an 18-foot-wide raised center median to
separate opposing traffic flows and restrict access to adjacent properties. Major
arterial streets are designed to provide a high level of mobility for very large traffic
volumes and generally serve trips of several miles or more, including pass -through
traffic. Major arterial streets link major activity centers within the community and
provide direct connections to the regional roadway system. Washington Street,
Jefferson Street, and Fred Waring Drive are examples of major arterial streets in
the City of La Quinta. Highway 111 is also classified as a major arterial, but has
a 172 foot wide right of way and varying improvement widths as established by the
California Department of Transportation.
Ord 272
"Street, primary arterial" means a four (4) lane street within a 100 to 110 foot right
of way, 76 to 86 feet in width between curb faces, having a raised center median
12 to 18 feet in width to separate opposing traffic flows and restrict access to
adjacent properties. The primary arterial is designed to provide mobility for high
traffic volumes, to provide continuity through the City, and generally serve trip
lengths of one or more miles. Miles Avenue, Avenue 50 and Eisenhower Drive are
examples of Primary Arterial streets in the City of La Quinta.
"Street, private" means a privately -maintained street within a private development
or a planned residential development.
"Street, secondary arterial" means a four (4) lane street within a 88 foot right of
way, 64 feet wide between curb faces. The secondary arterial is designed for
mobility, to provide continuity through the community, and generally serves trips
of a mile or more. Secondary arterial streets and generally border neighborhoods
and offer access as a secondary consideration. Adams Street, Dune Palms and
Avenida Bermudas south of Avenue 52 are examples of secondary arterial streets
in the City of La Quinta.
"Subdivision" means the division of any unit or 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. Property shall be considered as contiguous, even
if it is separated by roads, streets, utility easement or railroad rights of way. This
definition also refers to a condominium project, a community apartment project, or
the conversion of five or more existing dwelling units to a stock cooperative, as
defined in subdivisions (f), (d) and (m) of Section 1351 of the Civil Code.
"Subdivision Map Act" means Sections 66410 to 66499.58, inclusive, of the
Government Code of the State of California as may be revised from time to time.
"Tentative map" and "tentative parcel map" means a map designed to illustrate the
concept of a proposed subdivision and how it interfaces with existing conditions and
surrounding uses. Tentative maps need not be based upon an accurate or detailed
field survey of the property.
"Vesting tentative map" shall mean a tentative map for a residential or commercial
subdivision that shall have printed conspicuously on its face the words "Vesting
Tentative Map" at the time it is filed.
Ord 272
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Ord 272
Chapter 13.12 TENTATIVE SUBDIVISION MAPS
Sections:
13.12.010 PURPOSE
13.12.020 APPLICABILITY
13.12.030 EXEMPTIONS FROM PREPARING A TENTATIVE MAP
13.12.040 FILING OF TENTATIVE MAPS
13.12.050 APPLICATION MATERIALS
13.12.060 TENTATIVE MAP CONTENTS
13.12.070 DETERMINING NUMBER OF PARCELS
13.12.080 SUBDIVISION MAP REVIEW AND DISTRIBUTION PROCEDURES
13.12.090 PUBLIC NOTICE PROCEDURE
13.12.100 PROPERTY RIGHTS
13.12.110 SPECIAL STUDIES
13.12.120 MANDATORY FINDINGS OF APPROVAL
13.12.130 APPEALS
13.12.140 TERM OF TENTATIVE MAPS
13.12.150 EXTENSIONS OF TIME FOR TENTATIVE MAPS
13.12.010 PURPOSE
Tentative subdivision maps provide a means for obtaining review and approval of
proposed land divisions. Tentative maps shall be prepared and approved in
accordance with the Subdivision Map Act and the provisions of this Chapter.
13.12.020 APPLICABILITY
A tentative map shall be required for all subdivision, reconfiguration and
consolidation of real property for which a final map, parcel map or waiver of
parcel map is required.
13.12.030 EXEMPTIONS FROM PREPARING A TENTATIVE MAP
A tentative map shall not be required in the following circumstances:
t
It
A. Subdivision of a portion of the operating right-of-way of a railroad
corporation, as defined by Section 230 of the Public Utilities Code. The
lease can be terminated by either party on not more than 30 days notice, in
writing.
B. Land conveyed to or from a governmental agency, public entity, public
utility, or for land conveyed to a subsidiary of a public utility for conveyance
to that public utility for right-of-way, unless a showing is made in individual
cases, upon substantial evidence, that public policy necessitates a parcel map.
For purposes of this section, land conveyed to or from a governmental
agency shall include a fee interest, an easement, or a license.
C. Lot line adjustments or parcel mergers, as provided for in Chapters 13.32
and 13.36, respectively.
13.12.040 FILING OF TENTATIVE MAPS
Tentative maps shall be filed with the Community Development Department. The
City may by resolution establish a filing fee schedule for the processing of Final
Maps.
13.12.050 APPLICATION MATERIALS
The following application materials shall be submitted with each proposed
subdivision:
A. The City of La Quinta tentative subdivision map application form.
B. A 500-foot radius map exhibit, drawn to scale, which displays those
properties within 500 feet of the subdivision boundaries and which identifies
the names of the affected property owners, as listed in the latest County
equalized tax rolls.
C. Three (3) sets of self-adhesive mailing labels and one (1) photocopy of the
names and addresses of those property owners within 500 feet of the
subdivision boundary.
D. A completed copy of the City of La Quinta Environmental assessment form.
E. The required City application and environmental filing fees.
F. 25 copies of tentative map, folded accordion style to a size not exceeding 81/2
x 11 ", with two (2) reduced reproducible originals not exceeding 8'/2 x 11 "
in size.
G. A preliminary title report prepared and dated no more than 90 days prior to
submission of the application.
H. A drainage report describing the on- and off -site drainage characteristics, the
amount of stormwater falling within the development and the proposed
method of retaining that stormwater, and the amount and nature of historic
inflow from other properties and the proposed method of retaining or passing
through the inflow.
Ord 272
I. The following additional documentation and special studies may be required.
1. Historical, paleontological and/or archaeological study.
2. Biological study.
3. Geologic and/or soils study.
4. Traffic study.
13.12.060 TENTATIVE MAP CONTENTS
Each tentative and vesting tentative map, reversion to acreage map and waiver of
parcel map shall contain the following information:
A. A title block shall be placed in the lower right hand corner of the map which
identifies the following information at a glance when folded:
1. Map number (obtained from the County of Riverside) and type of map
such as a tentative map or reversion to acreage.
2. Assessor's parcel number(s) and legal description of property. A
description from the property grant deed is adequate.
3. Name, address and telephone number of property owner, land divider
and individual/company responsible for preparing the map.
B. The following items shall be placed on the map exhibit:
1. Identification of adjacent or contiguous property if owned by the
property owner or land divider.
2. Approximate acreage and boundary dimensions of the property.
3. North arrow, scale, date of map preparation and vicinity map.
4. Name, location, and width of adjacent existing and proposed rights of
way.
5. Existing and proposed improvements to adjacent and proposed streets,
alleys, railroads, easements and known or existing structures above and
below ground.
6. Approximate street grades and curve radii.
7. Names of utility purveyors.
8. Identification of existing and proposed water/drainage courses,
channels, and other facilities for control of stormwater flows.
9. Land subject to overflow, inundation or flood hazard.
10. Land or rights -of -way to be dedicated to public use.
11. Common areas and open space.
12. Proposed lot lines and approximate dimensions.
13. Adjoining property and lot lines including zoning and current usage.
14. Existing contours, on -site and off -site, in the following intervals:
51= Interval
0 % to 2.9 % 2.0'
3 % to 9.9 % 4.0'
10 % and over 10.0'
Contours for adjacent property shall be shown to the radius distance
from the property as listed below:
Parcel Size Radius
0 to 19.9 acres 100.0'
20.0 to 39.9 acres 200.0'
40.0 acres and above 300.0'
15. If the site gradient exceeds five (5) percent or more, as measured
between natural contours, for at least 25 percent of the site area, the
following additional information shall be provided:
• The proposed cuts and fills.
• The elevations of all proposed individual building pads in the
proposed subdivision.
• The proposed elevations at the perimeter of the subdivision.
13.12.070 DETERMINING NUMBER OF LOTS OR PARCELS
Any conveyance of land to a governmental agency, public entity, public utility or
subsidiary of a public utility for conveyance to that public utility for right-of-way
shall not be considered a division of land for purposes of computing the number
of parcels. For purposes of this section, any conveyance of land to a governmental
agency shall consist of a fee interest, an easement, or a license.
13.12.080 TENTATIVE MAP REVIEW AND DISTRIBUTION PROCEDURES
The review and distribution procedures for subdivision maps filed with the
Community Development Department shall be as follows:
A. Environmental Review
Within 30 days of acceptance of a subdivision application for filing, the City
shall complete an initial study of the project's potential environmental
impacts. Within this time period the City shall determine the appropriate
type of environmental review.
The City may request the preparation of additional studies to respond to
issues raised during the review of the tentative map and preparation of the
Ord 272
initial study. Once required studies have been completed and/or the City has
determined the appropriate environmental action, the Community
Development Department shall prepare and distribute the proper
environmental notice.
B. Distribution of Maps and Receipt of Comments
During the 30 day environmental review period, the Community
Development Department may, if applicable, distribute copies of the
proposed tentative subdivision map to the following departments or agencies:
1. COY Departments
a. City Manager
b. Community Development Department
C. Public Works Department
d. Parks and Recreation Department
e. Building and Safety Department
a. Riverside County Fire Department/Fire Marshall
b. Riverside County Sheriff's Department
C. Desert Sands School District/Coachella Valley
district
d. Coachella Valley Parks and Recreation District
e. Imperial Irrigation District
f. Southern California Gas Company
g. General Telephone and Electric Company
h. Colony Cablevision
i. Coachella Valley Water District
j. Waste Management of the Desert
k. U.S. Postal Service
1. Sunline Transit
m. Caltrans
n. Agricultural Commission
o. Cities of Indio, Indian Wells, Coachella and
Riverside
p. CVAG
q. Torres -Martinez Tribal Council
a. Chamber of Commerce
b. Coachella Valley Archaeological Society
C. BIA-Desert Council
Unified School
the County of
d. Coachella Valley Mountain Conservancy
e. Sierra Club -Desert Chapter
The Community Development Department shall request that the departments,
agencies and interested groups return their comments within 20 days.
Comments received from departments agencies and interested groups will be
considered in the City's review of the proposed map and preparation of the
environmental analysis but are not binding upon the City. If comments are
not returned within the prescribed period, the City will deem the project
unconditionally acceptable to the organization.
13.12.090 PUBLIC NOTICE PROCEDURE
A. Public Notice
Public hearings shall be held on all tentative maps. Notice of such hearings
shall be published at least one time not less than 10 days before the date of
the public hearing (20 days if the tentative map is not exempt from CEQA
action). The notice shall include the following information:
1. The time and place of the public hearing.
2. The hearing body or officer.
3. A general explanation of the matter to be considered.
4. A general description of the property in text or diagrammatic form.
5. Map preparer/subdivider representative.
B. Specific Hearing Notification
Notices of public hearings shall be mailed or delivered to the following
people/entities at least 10 days prior to the hearing:
1. Either the owner of the subject property or the owner's duly authorized
agent;
2. The project subdivider;
3. Each agency expected to provide water, sewage, streets, roads, schools
or other essential facilities or services to the project, whose ability to
provide those facilities and services may be significantly affected;
4. All owners of real property within 500 feet of the property in question,
as shown on the latest equalized assessment roll.
13.12.100 PROPERTY RIGHTS
If the City Engineer determines that public access rights to proposed street rights -
of -way shown on the tentative map are necessary prior to approval of final maps
dedicating the rights -of -way, the developer shall grant temporary public access
easements to those areas within 60 days of written request by the City.
13.12.110 SPECIAL STUDIES
Prior to approval of a tentative map, a qualified archaeologist, shall evaluate,
report and identify appropriate mitigation measures on the project -related impacts
to cultural, historical, paleontological, and/or archaeological resources. A wildlife
biologist and/or horticulturist may be required to evaluate any project -related
impacts to habitat areas of threatened or endangered plant and wildlife species.
13.12.120 MANDATORY FINDINGS OF APPROVAL
A tentative map shall be approved by the City of La Quinta only if the City makes
all of the following findings:
A. The proposed map or vesting map is consistent with the City of La Quinta
General Plan and any applicable specific plans.
B. The design or improvement of the proposed subdivision is consistent with the
City of La Quinta General Plan and any applicable specific plans.
C. The design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
D. The design of the subdivision or type of improvements are not likely to cause
serious public health problems.
E. The design of the subdivision or the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
F. The design of the subdivision or type of improvements are not likely to cause
serious public health problems.
G. The design of the subdivision or 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.
13.12.130 APPEALS
A subdivider or any other interested party may appeal a decision of City Staff or
the Planning Commission by using the following procedures:
13.12 7
A. Appeal of City Staff Decision
Within ten (10) calendar days after the date of the decision by City Staff, a
written appeal, accompanied by the appropriate filing fee, may be submitted
to the Community Development Department. The "date of decision" shall
be either the time a formal noticed hearing is held or the date noted on
correspondence mailed to the subdivider indicating the Staff decision. The
appeal shall state the item to be appealed and the reason for the request. The
Community Development Director shall set the matter for hearing before the
Planning Commission within thirty (30) days after the date of filing the
appeal. Written notice of the hearing shall be provided by mail to the
subdivider, the property owner and those property owners or individuals
originally noticed at the time of the first public hearing. Within ten (10) days
following the conclusion of the hearing, the Planning Commission shall
render its decision.
B. Appeal of the Planning Commission's Decision
Within ten (10) calendar days after the date of the decision by the Planning
Commission, a written appeal, accompanied by the appropriate filing fee,
may be submitted to the Community Development Department. The City
Clerk shall set the matter for hearing before the City Council. The hearing
on the appeal shall be held not more than thirty (30) day from the date of
receipt of the appeal and shall give written notice of the hearing to the
subdivider, property owner, and those property owners or individuals
originally noticed at the first public hearing. The decision of the City
Council shall be rendered within ten (10) days following the conclusion of
the hearing and shall be considered final.
13.12.140 TERM OF TENTATIVE MAPS
The approval or conditional approval of a tentative map by the City Council shall
expire twenty-four (24) months after such approval.
13.12.150 EXTENSIONS OF TIME FOR TENTATIVE MAPS
The expiration of an approved tentative map shall terminate all proceedings and no
final map or parcel map of all or any portion of the real property included within
the tentative map shall be filed with the City Council without first processing a
new tentative map. The initial two-year term of tentative maps may be extended
as follows:
A. Automatic Extensions of Time
Tentative or vesting tentative maps approved prior to and still in effect on
September 13, 1993 shall be automatically extended for a two (2) year
13.12 8
period. This extension shall be in addition to the other extensions provided
for herein.
B. Request by the Subdivider
Before the expiration of the tentative map, the subdivider may apply for a
one-year extension of time. Requests for extensions of time shall be filed
with the Community Development Department on either an approved form
or by letter. All requests for extensions of time shall include:
• A completed application form or letter.
• An identification of the length of time requested and reasons for the
request.
• The then -current processing fee charged by the City for tentative map
time extensions.
• 25 copies of the subdivision map.
Subdivider -requested extensions of time are subject to the public notification
procedure provided for in Section 13.12.090 and will be considered by the
City Council at a public hearing. The City Council may approve a maximum
of three (3) one-year time extensions and shall impose additional conditions
of approval if such conditions are intended to maintain the public health,
safety and welfare and/or to comply with current City, state or federal
requirements.
If, as part of the request for extension of the term of a tentative map, the
subdivider requests changes : or amendments to the tentative map or 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.
C. Filing of Final Maps/Off-site Improvements
If a subdivider is required to expend the amount specified in Section 66453.6
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 reasonably
related to the development of that property, each filing of a final map
authorized by Section 66456.1 of the Government Code shall extend the
expiration of the approved tentative map by 36 months from the date of its
expiration or the date of a previously -filed final map, whichever is later. The
extensions shall not extend the term of the tentative map more than 10 years
from its approval.
13.12 9
D. Development Agreements, Moratoriums, Lawsuits, Etc.
Additional factors affecting the term of approved tentative maps, and
information for the proper construction of the provisions of paragraphs A
through C, above, shall be as specified in Section 66452.6 of the Government
Code.
13.12 10
Chapter 13.16 VESTING TENTATIVE MAPS
Sections:
13.16.010 PURPOSE
13.16.020 APPLICABILITY
13.16.030 AUTHORITY
13.16.040 CONFORMANCE WITH EXISTING CITY PLANS AND DEVELOPMENT
CRITERIA
13.16.050 FILING AND PROCESSING OF VESTING TENTATIVE MAPS
13.16.060 APPLICATION MATERIALS
13.16.070 DEVELOPMENT RIGHTS
13.16.080 MANDATORY FINDINGS OF APPROVAL
13.16.090 TERM OF A VESTING TENTATIVE MAP
13.16.010 PURPOSE
The purpose of this Chapter is to establish procedures for the review and approval
and administration of vesting tentative maps.
13.16.020 APPLICABILITY
This chapter shall apply only to residential and/or commercial developments.
Whenever a provision of the Subdivision Map Act, as implemented and
supplemented by Title 13 of the La Quinta Municipal Code, requires the filing of
a tentative map or tentative parcel map for a residential or commercial
development, a vesting tentative map may instead be filed in accordance with the
provisions of this chapter:
13.16.030 AUTHORITY
The provisions of this chapter are enacted pursuant to the authority granted by
Chapter 4.5, commencing with Section 66498.1 of the Government Code.
13.16.040 CONFORMANCE WITH EXISTING CITY PLANS AND DEVELOPMENT
CRITERIA
No land shall be subdivided and developed pursuant to a vesting tentative map for
any purpose which is inconsistent with provisions of the General Plan, any specific
plan, the Zoning Ordinance, or any applicable provisions of the La Quinta
Municipal Code.
13.16.050 FILING AND PROCESSING OF VESTING TENTATIVE MAPS
A vesting tentative map shall be filed in the same form and have the same content,
accompanying data and reports and shall be processed in the same manner
described for tentative maps in Chapter 13.12 except as described in this chapter.
13.16 1
13.16.060 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 accompanied
by the following materials:
A. A layout of the proposed method of sewage disposal,
B. A layout of the proposed potable water supply and fire protection systems,
C. Geotechnical reports for the subdivision area,
D. Details on the height, size, and location of proposed buildings,
E. Architectural elevations, schematic plans, and materials board for proposed
buildings,
F. Preliminary grading and landscaping plans, and
G. A phasing plan and schedule for the development of the subdivision.
13.16.070 DEVELOPMENT RIGHTS
The approval or conditional approval of a vesting tentative map shall confer a
vested right to proceed with development in 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 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:
A. Failure to do so would place the residents of the subdivision or the immediate
community in a condition or state dangerous to their health or safety, or
B. The condition(s) or denial is required in order to comply with state or federal
law.
The provisions of this section shall not:
A. Limit the City from imposing reasonable conditions on subsequently required
approvals or permits necessary for the development so long as that discretion
13.16 2
is not exercised in a manner which precludes a subdivider from proceeding
with the proposed subdivision, or
B. Diminish or alter the City's power to protect against a condition dangerous
to the public health or safety.
13.16.080 MANDATORY FINDINGS OF APPROVAL
A vesting tentative map shall be approved by the City of La Quinta only if the City
makes findings in accordance with Section 13.12.120.
13.16.090 TERM OF A VESTING TENTATIVE MAP
The approval or conditional approval of a vesting tentative map by the City
Council shall expire twenty-four (24) months after such approval. Prior to the
expiration date, upon written request therefor, the vesting tentative map expiration
date may be extended by the City Council for a period or periods not exceeding a
total of three (3) years.
If a final map is approved prior to the expiration of the vesting tentative map, the
tentative map vesting rights for the final map area shall last for the periods listed
below.
A. An initial time period of eighteen (18) months following recordation of the
final map. Where several final maps are recorded on phases of a project
covered by a single vesting tentative map, the 18-month time period for each
final map shall begin on the date of recordation of that final map.
B. The initial time period set forth in paragraph A shall be automatically
extended by any time used 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.
C. If, during the two-year period following approval of a final 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.
13.16 3
Chapter 13.20 FINAL MAPS AND PARCEL MAPS
Sections:
13.20.010 PURPOSE
13.20.020 APPLICABILITY
13.20.030 EXEMPTIONS FROM FINAL OR PARCEL MAP REQUIREMENT
13.20.040 FILING OF FINAL AND PARCEL MAPS
13.20.050 APPLICATION MATERIALS
13.20.060 FINAL AND PARCEL MAP CONTENTS
13.20.070 EASEMENTS AND DEDICATIONS
13.20.080 SPECIAL STUDIES PRIOR TO APPROVAL OF FINAL MAPS
13.20.090 PROPERTY SURVEY
13.20.100 IMPROVEMENT AGREEMENT
13.20.110 APPROVAL OF FINAL MAPS AND PARCEL MAPS
13.20.120 WAIVERS OF PARCEL MAPS
13.20.130 APPEALS
13.20.010 PURPOSE
This Chapter establishes requirements for the preparation and processing of final
maps, parcel maps and waivers of parcel map.
13.20.020 APPLICABILITY
A final map shall be required for all subdivisions creating five (5) or more parcels,
five (5) or more condominiums as defined in Section 783 of the Civil Code, a
community apartment project containing five (5) or more parcels, or for the
conversion of a dwelling to a stock cooperative containing five (5) or more
dwelling units, except as specified hereinbelow.
A parcel map shall be required for all subdivisions creating four (4) or less parcels,
four (4) or less condominiums as defined in Section 783 of the Civil Code, a
community apartment project containing four (4) or less parcels, or for the
conversion of a dwelling to a stock cooperative containing four (4) or less dwelling
units, including land and parcels with the following characteristics.
A. The land consists of a parcel or parcels of land having approved access to a
public strbet 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, or
B. 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 legislative body, or
13.20 1
C. Each parcel created by the division has a gross area of 20 or more acres and
has an approved access to a maintained public street or highway, or
D. Each parcel created by the division has a gross area of not less than 40 acres
or is not less than a quarter or a quarter section.
13.20.030 EXEMPTIONS FROM FINAL OR PARCEL MAP REQUIREMENT
Exemptions from the filing of a final map or parcel map shall be as specified in
Section 13.12.030. In addition, a waiver of parcel map may be requested
consistent with the provisions of this Chapter.
13.20.040 FILING OF FINAL MAPS AND PARCEL MAPS
Final maps and parcel maps shall be filed with the Engineering and Public Works
Department. The City may, by resolution, establish a filing fee for the processing
of final maps and parcel maps. ,
13.20.050 APPLICATION MATERIALS
The following application materials shall be submitted with each proposed final
map or parcel map:
A. The City of La Quinta subdivision map application form,
B. The required application fee and map check deposit or fee established by City
resolution,
C. Five (5) copies of the final map or parcel map,
D: Two (2) sets of boundary and lot calculations,
E. Two (2) copies of the approved tentative map,
F. Two (2) copies of the tentative map Conditions of Approval,
G. Two (2) copies of the title report, and
H. One (1) copy of pertinent deeds and record maps.
13.20.060 FINAL MAP & PARCEL MAP CONTENTS
The map shall be prepared by or under the direction of a registered civil engineer
or licensed land surveyor. Final maps shall be based upon a survey. Parcel maps
may be based upon a survey or on record or filed data in accordance with Section
13.20 2
T -- -
66448 of the Government Code. Final maps and parcel maps shall conform with
all of the following provisions as specified:
A. Final maps and parcel maps shall be legibly drawn, printed, or reproduced
by a process guaranteeing a permanent record in black on tracing cloth or
polyester base film. Certificates, affidavits, and acknowledgments may be
legibly stamped or printed upon the map with opaque ink. If ink is used on
polyester base film, the ink surface shall be coated with a suitable substance
to assure permanent legibility.
B. The size of each sheet shall be 18 by 26 inches. A marginal line shall be
drawn completely around each sheet, leaving an entirely blank margin of one
inch. The scale of the map shall be large enough to show all details clearly
and enough sheets shall be used to accomplish this end. The particular
number of the sheet and the total number of sheets comprising the map shall
be stated on each of the sheets. If the map drawing occupies more than one
sheet, each sheet of the drawing shall clearly show its relation to each
adjoining sheet.
C. The exterior boundary of the land included within the subdivision shall be
indicated by distinctive delineation and clearly so designated. The map shall
show the definite location of the subdivision, and particularly its relation to
surrounding surveys.
D. All survey and mathematical information and data necessary to locate all
monuments and to locate and retrace any and all interior and exterior
boundary lines appearing on the map shall be shown, including bearings and
distances of straight lines, and radii and arc length or chord bearings and
length for all curves, and any information which may be necessary to
determine the location of the centers of curves and ties to existing monuments
used to establish the subdivision boundaries.
E. Each lot or parcel shall be numbered and each block may be numbered or
lettered. Each street shall be named or otherwise designated. All lots to be
dedicated to the City shall be designated as lettered lots.
F. If the map includes a "designated remainder" parcel, and the gross area of
the designated remainder parcel or similar parcel is five (5) acres or more,
that remainder parcel need not be shown on the map and its location need not
be indicated as a matter of survey, but only by deed reference to the existing
boundaries of the remainder parcel. A parcel designated as "not a part" shall
be deemed to be a "designated remainder" for purposes of this section.
G. If the map includes areas with development constraints due to archeological
sites, biologically sensitive areas, paleontological sites, historical structures
or sites, or other such areas, the constrained areas shall be identified on a
13.20 3
Constraints Sheet which will be recorded with the final map or parcel map.
The map shall contain a note that a Constraint Sheet has been recorded with
the map.
H. Final maps and parcel maps shall contain a statement, signed and
acknowledged by all parties having any record title interest in the real
property to be subdivided consenting to the preparation and recordation of
the map.
I. Final maps shall contain a statement by the engineer or surveyor responsible
for the survey and final map which gives the date of the survey, states that
the survey and final map were made by him or her or under , his or her
direction, and that the survey is true and complete as shown.
J. Final maps (and parcel maps for which a survey was performed) shall contain
a statement by the engineer or surveyor responsible for the survey that all
monuments shown are of the character and occupy the positions indicated,
or that they will be set in those such positions on or before a specified later
date, and that the monuments are, or will be, sufficient to enable the survey
to be retraced.
K. Parcel maps shall contain the following statement by the engineer or surveyor
responsible for the final map:
"This map was prepared by me or under my direction (and was compiled
from record data) (and is based upon a field survey) in conformance with the
requirements of the Subdivision Map Act and local ordinance at the request
of (name of person authorizing map) on date). I hereby state that this parcel
map substantially conforms with the approved or conditionally approved
tentative map, if any.
(Signed)
R.C.E. (or L.S.) No.
L. Final maps and parcel maps shall contain the following certificate or
statement by the City Engineer or City Surveyor:
1. He or she has examined the map.
2. The subdivision as shown is substantially the same as it appeared on the
tentative map, and any approved alterations thereof.
3. All provisions of this chapter and of any local ordinances applicable at
the time of approval of the tentative map have been complied with.
13.20 4
4. He or she is satisfied that the map is technically correct.
City engineers registered as civil engineers after January 1, 1982, shall be
qualified to certify only the statements of items 1, 2, and 3 above. The
statement specified in item 4 above shall be certified by a person authorized
to practice land surveying pursuant to the Professional Land Surveyors' Act
(Chapter 15 (commencing with Section 8700) of Division 3 of the Business
and Professions Code) or a person registered as a civil engineer prior to
January 1, 1982, pursuant to the Professional Engineers' Act (Chapter 7
(commencing with Section 6700) of Division 3 of the Business and
Professions Code).
Within 20 days from the time the map is submitted to him or her by the
subdivider for approval, the City Engineer or City Surveyor shall sign and
date the certificate or statement, indicate his or her registration or license
number with expiration date in a space below or immediately adjacent to the
signature, and file the certificate or statement with the City Council. .
M. Final maps, and parcel maps shall contain a certificate or statement for
execution by the City Clerk stating that the City Council approved the map
and either accepted, accepted subject to improvement, or rejected, on behalf
of the public, any real property offered for dedication for public use in
conformity with the terms of the offer of dedication.
N. Parcel maps shall contain the following statement for execution by the
County Recorder:
Filed this
m. in Book
request of
day of , 19 , at
of , at page , at the
Signed
County Recorder
13.20.070 EASEMENTS AND DEDICATIONS
Dedications of, or offers to dedicate interests in, real property for specified public
purposes shall be made by a statement on the final map or parcel map, signed and
acknowledged by those parties having any record title interest in the real property
being subdivided. In the event any street shown on a final map is not offered for
dedication, it shall be so noted. If the statement describing the dedications or
offers of dedication appears on the final map and if the map is approved by the
City Council, the use of the street or streets by the public shall be permissive only.
13.20 5
Offers of dedication of real property for street or public utility easement purposes
shall be deemed not to include any public utility facilities located on or under the
real property unless, and only to the extent that, an intent to dedicate the facilities
is expressly declared in the statement.
The final map or parcel map shall include irrevocable offers to dedicate or grant
easements to the City for access to and maintenance, construction, and
reconstruction of required improvements which are located on privately -held lots
or parcels.
13.20.080 SPECIAL. STUDIES PRIOR TO APPROVAL OF FINAL MAPS
Prior to approval of a final map located within a potentially hazardous soils area,
such as that which exhibits a potential for liquefaction, a qualified geologist or
soils engineer shall evaluate and report potential hazards and recommend
mitigation measures.
13.20.090 PROPERTY SURVEY
Final maps shall be based upon field surveys made in conformity with the Land
Surveyors Act. Parcel maps shall be based upon such surveys or may be compiled
from recorded or filed data when both of the following conditions are met:
1. Sufficient survey information exists on filed maps to locate and retrace the
exterior boundary lines of the parcel map, and
2. The location of at least one of these boundary lines can be established from
an existing monumented line.
At the time of making a survey for a final map or parcel map, the engineer or
surveyor shall set sufficient durable monuments as provided below.
A. Monuments set shall be sufficient in number and durability and efficiently
placed so as not to be readily disturbed, to assure, together with monuments
already existing, the perpetuation or easy re-establishment of any point or
line 6f the survey.
When monuments exist which control the location of subdivisions, tracts,
streets or highways, or provide survey control, the monuments shall be
located and referenced by or under the direction of a licensed land surveyor
or registered civil engineer prior to the time when any streets or highways
are reconstructed or relocated and a corner record of the references shall be
filed with the County Surveyor. The monuments shall be reset in the surface
of the new construction, a suitable monument box placed at that location, or
permanent witness monuments set to perpetuate their location, and a corner
record filed with the County Surveyor.
13.20 6
If improvements to a subdivision are phased with multiple final maps or other
required approvals (plot plans, conditional use permits, etc.), off -site
improvements (i.e.: streets) and developtnent-wide improvements (i.e.: retention
basins, perimeter walls, common -area and setback landscaping, and gates) shall be
constructed or secured prior to approval of the first final map or other required
approval unless otherwise approved by the City Engineer.
13.20.110 APPROVAL OF FINAL MAPS AND PARCEL MAPS
The approval of final maps and parcel maps shall be in accordance with Section
13.04.060 and shall require a public hearing with specific and public notification
conforming with Section 13.12.090. Final maps and parcel maps will not be
agendized for approval by the City Council until the original final map, associated
agreements and securities, required construction plans, and other documents, deeds
and payments have been received and approved by the City Engineer.
13.20.120 WAIVERS OF PARCEL MAPS
A. Processing Procedures
Applications for waivers of parcel maps shall be prepared, filed, processed
and approved consistent with Chapter 13.12, Tentative Subdivision Maps.
B. Evaluation Criteria
Approval of waivers of parcel maps shall be based upon the following
findings:
1. The area requirements of proposed parcels are consistent with the
zoning of the property,
2. The design of the subdivision and existing level of improvements within
and adjacent to the property are consistent with current City standards,
3. Floodwater drainage control is consistent with City standards,
4. All adjoining public roads are improved consistent with City standards,
5. Water supply availability and sanitary sewerage facilities are adequate,
and
6. The proposed subdivision provides adequate environmental protection.
13.20 8
13.20.130 APPEALS
Appeals of City Staff and Planning Commission decisions concerning final maps,
parcel maps and waivers of parcel map shall be processed as provided in Chapter
13.12, Tentative Subdivision Maps.
13.20 9
Chapter 13.24 EAPROVEMENTS
Sections:
13.24.010 PURPOSE
13.24.020 APPLICABILITY
13.24.030 IMPROVEMENT STANDARDS
13.24.040 IMPROVEMENT PLANS
13.24.050 STREET IMPROVEMENTS
13.24.060 STREET DESIGN - GENERAL
13.24.070 STREET DESIGN - PRIVATE STREETS
13.24.080 IMAGE CORRIDORS AND GATEWAY INTERSECTIONS
13.24.090 ACCESS FOR INDIVIDUAL PROPERTIES AND DEVELOPMENTS
13.24.100 UTILITIES
13.24.100 DRAINAGE
13.24.110 LANDSCAPE SETBACKS
13.24.120 LANDSCAPING PLANS
13.24.130 SPECIAL IMPROVEMENTS
13.24.140 MAINTENANCE
13.24.050 CLEAN AIR/CLEAN WATER
13.24.160 FEES AND DEPOSITS
13.24.010 PURPOSE
This Chapter identifies requirements for subdivision improvements.
13.24.020 APPLICABILITY
This Chapter applies to all subdivision, reconfiguration and/or consolidation of
property for which improvements are required.
13.24.030 0PROVEMENT STANDARDS
Improvements installed in, or associated with, land divisions shall be constructed
in conformance with standards and specifications of the City of La Quinta. In the
absence of standards for an improvement, the City Engineer may prescribe
standards in keeping with good construction and engineering practice.
13.24.040 IMPROVEMENT PLANS
All improvements constructed or installed in land divisions shall be in accordance
with detailed plans and specifications approved by the City Engineer. All plans
shall be submitted to the City Engineer and shall be approved and signed by the
City Engineer before a final land division map is submitted to the City Council.
13.24 1
Improvement plans shall comply with the following standards:
A. Plans shall be submitted on 24" x 36" media in the categories of "Rough
Grading, " "Precise Grading, " "Streets & Drainage, " and "Landscaping" as
specified below. All plans shall have signature blocks for the City Engineer
and are not approved for construction until they are signed.
"Streets and Drainage" plans shall normally include signals, sidewalks, bike
paths, gates and entryways, parking lots, and water and sewer plans.
Combined plans, including water and sewer improvements, shall have an
additional signature block for the Coachella Valley Water District (CVWD).
The combined plans shall be signed by CVWD prior to their subm}ttal for the
City Engineer's signature.
"Landscaping" plans shall normally include landscape improvements,
irrigation, lighting, and perimeter walls.
Plans for improvements not listed above shall be submitted in formats
approved by the City Engineer.
B. The improvement plans shall show the location of all existing improvements,
including utilities which may interfere with or affect the nature or method of
construction of the proposed improvements.
C. The City may maintain standard construction plans. The subdivider may
acquire standard plan sheets prepared by the City for a fee established by
City Council resolution.
D. When final plans are approved by the City, the subdivider shall furnish
accurate computer files of the complete, approved plans on storage media and
in program format acceptable to the City Engineer.
E. Plans for water, sewer, power, telephone, and improvements to streets under
the jurisdiction of agencies other than the City shall be approved by the
agencies having jurisdiction over those improvements.
F. Upon completion of construction and prior to acceptance or approval of
completed improvements, the subdivider shall provide reproducible record
drawings of all plans signed by the City Engineer. The drawings shall
accurately represent the improvements as constructed and shall incorporate
revisions to the original plans as recorded by the subdivider's and/or the
City's representatives supervising construction. The drawings shall have the
words "Record Drawing," clearly marked on each sheet.
The City may, by resolution or ordinance, establish a fee or deposit schedule for
the cost of reviewing and processing improvement plans.
13.24 2
13.24.050 STREET IMPROVEMENTS
Improvement plans for all on- and off -site streets, access drives, and access gates
shall be prepared by a registered civil engineer. Improvements shall be designed
and constructed in accordance with the La Quinta Municipal code, adopted La
Quinta Standard Drawings and Specification, and as approved by the City
Engineer. Street improvements shall comply with the following:
A. Street pavement sections shall be based on the Caltrans design procedure for
a 20-year life, considering soil strength and anticipated traffic loading
(including construction and building traffic).
B. Improvements shall include traffic signs, channelization markings/devices,
street name signs, medians, sidewalks, and mailbox clusters approved in
design and location by the U.S. Post Office and the City Engineer.
C. Sidewalks shall be provided both sides of the street within public street rights
of way of all General Plan designated arterial and collector streets, for local
streets in residential areas, and in areas designated Rural Residential Overlay
on the Land Use Policy Diagram of the La Quinta General Plan where
densities exceed three (3) dwelling units per acre.
D. Transit facilities, such as bus turnouts, covered bus shelters and benches shall
be provided, as required, on General Plan designated arterial and collector
streets.
E. Improvements extending beyond subdivision boundaries such as, but not
limited to, street width transitions, pavement elevation transitions and other
incidental work are deemed necessary by the City Engineer to ensure that
new construction is safely integrated with existing improvements.
F. Prior to the completion of homes or occupancy of permanent buildings within
the subdivision, the subdivider shall install traffic control devices and street
name signs along access roads to the homes or buildings.
13.24.060 STREET DESIGN - GENERAL
The design of street improvements shall conform with the following:
A. Full width street improvements shall be required for all internal subdivision
streets and alleys.
B. Subdivisions bordering a public street shall provide half -width right of way
improvements, plus one (1) additional travel lane on the opposite side of the
centerline if it does not already exist.
13.24 3
C. The street system in a proposed subdivision shall relate to and be compatible
with existing or proposed streets in adjacent subdivisions and/or specific
plans and shall, where applicable, provide for future development of
adjoining property-
D. Street connections shall be at 90 angles unless approved by the City
Engineer.
E. Alleys shall be at least 20 feet in width. Dead-end alleys shall provide
adequate area for a turnaround.
F. Culs de sac shall not exceed a distance of 660 feet in length, measured from
the centerline of the intersecting street to the center of the cul de sac.
G. Minimum street grades shall be 0.5 % longitudinally, 2.0% laterally.
H. Additional right of way or easements shall be provided, where necessary, to
accommodate roadway slopes, drainage structures, bicycle or equestrian
paths and trails, and other facilities related to subdivision development.
I. The size and configuration of streets shall comply with the following table.
Number
Distance
Center
Minimum
of Travel
between
Median
Intersection
Type of Facility
Right of way Width
Lanes
curbs
Size
Spacing
Major Arterial
120'
6lanes
96'
18'
2600'
(S.R. 111 shall be
172' or as req' d.
by Caltrans)
Primary Arterial
100'-110'
4 lanes
76' - 86'
12'-16'
1,200'
Secondary Arterial
88'
2 lanes
64'
N/A
600'
Collector
64-74'
2 lanes
40' - 50'
N/A
300'
Local Street
60'
2 lanes
36' - 40'
N/A
250'
Culs de sac
50'
2 lanes
32' - 36'
N/A
N/A
Calles Amigo,
50'
N/A
Cadiz & Barcelona
13.24 4
13.24.070 STREET DESIGN - PRIVATE STREETS
Private streets, permitted only when there is adequate provision for their
construction and maintenance, shall be in conformance with the standards listed in
the table above except as follows:
Width Permitted Use
32 feet Development on only one side of street.
36 feet Development on both sides of the street.
40 feet Entry and primary circulation streets.
13.24.080 IMAGE CORRIDORS AND GATEWAY INTERSECTIONS
The Circulation Element of the La Quinta General Plan establishes image corridors
and gateway intersections which warrant special improvements. Improvements
constructed along image corridors and at gateway intersections shall comply with
the improvement standards identified in the General Plan.
13.24.090 ACCESS FOR INDIVIDUAL PROPERTIES AND DEVELOPMENTS
Access to streets from individual properties and developments shall normally be
as follows:
A. Single family lots shall obtain primary access from an adjoining local,
collector or private street. Secondary access may be provided by an alley.
B. Multiple family developments may obtain access to any category of street,
provided that access to arterial streets shall be limited to one primary entry.
Such an entry shall be designed to collect and distribute vehicles throughout
the project site rather than function as a driveway serving the units
immediately adjacent the entry. Secondary access shall be afforded for
parcels greater than two (2) acres in size. Primary and/or secondary access
drives may be restricted to right turn in/right turn out only.
C. Commercial developments may obtain access to any category of street,
provided that access to arterial streets shall be limited to one primary entry.
Such an entry shall be designed to collect and distribute vehicles throughout
the project! site and shall not contain adjoining parking spaces. Additional
access points may be permitted depending upon the location of existing or
planned access points near the site, the type of roadway, and roadway design
criteria. A reciprocal access agreement shall be recorded for all commercial
projects of two (2) parcels or more or if common access, is needed for an
adjacent parcel(s). Primary and/or secondary access drives may be restricted
to right turn in/right turn out only.
13.24 5
13.24.100 UTILITIES
A. Water
The subdivider shall provide improvements connecting the subdivision to the
domestic water supply and distribution system operated by the Coachella
Valley Water District (CVWD). The improvements shall be as required by
CVWD and the Riverside County Fire Control District.
B. Sewer
The minimum requirement for sewage disposal shall be as follows:
1. Connection to an existing collection system is required; or
2. If an existing collection system is not available, and if it is determined
that satisfactory individual disposal systems cannot be provided because .
of soil conditions determined by soil percolation tests in conformity
with the standards of the "Ludwig Modification" and finding that the
conditions and requirement of the Riverside County Health Department
and the Regional Water Quality Control Board cannot be met, then a
package treatment plant and collector system shall be required.
3. If a subdivision is filed which proposes a density of two or more lots
per acre and if a connection to a wet sewerage system is not required,
the installation of a dry sewer system may be required by the City
Engineer in accordance with;the following provisions:
• The Coachella Valley Water District (CVWD) has an
implementation program for a wet sewer system that will serve
the area within a reasonable period of time, and CVWD has
agreed to serve the land.
• The subdivider has secured a letter of approval from CVWD for
acceptance of sewage for treatment and disposal and for
maintenance of the proposed dry and wet sewer lines.
C. Electrical and Communication Facilities
The minimum requirement for electrical and communication facilities shall
be as follows:
1. Prior to approval of a final map, a letter must be received by the City
from the serving agency stating that arrangements have been made for
underground facilities. The agency may include any other applicable
13.24 6
comments regarding easements, utility locations, installation schedules
or other pertinent matters.
2. All existing and proposed utilities within or immediately adjacent to the
proposed development shall be installed underground. High -voltage
power lines which the power authority will not accept underground are
exempt from this requirement. The land owner or subdivider shall
make the necessary arrangements with the serving agencies for the
installation of such facilities.
3. Electrical and communication facilities shall be installed in conformity
with the requirements of the electric authority and the telephone
authority and as approved by the City Engineer.
4. Appurtenant equipment such as, but not limited to, transformers,
terminal boxes and meter cabinets may be placed above ground. The
location of above -ground equipment installations shall not hinder vision
clearance required by vehicle traffic and shall make use of available
topographic, landscaping and wall features, if possible, to mask their
appearance.
13.24.110 DRAINAGE
Facilities required for the control of subdivision drainage and floodwater flows
shall be as follows:
A. The minimum design for facilities which control drainage water generated
within a subdivision or floodwater flowing into or crossing a land division
shall be based on a storm having a frequency of occurrence of once every
100 years. Hydrologic and hydraulic calculations for the design of drainage
facilities which control drainage water generated within a subdivision shall
be submitted for approval to the City Engineer.
B. The use of streets for flood control and drainage purposes may be prohibited
by the City Engineer if the use of such facilities is not in the interest of the
public health, safety and welfare.
C. When the City Engineer permits the use of streets for flood control and
drainage purposes, the 10-year frequency design discharge shall be contained
between the tops of curbs or asphalt concrete dikes and the 100-year
frequency design discharge shall be contained within the street right of way.
D. Stormwater run-off produced over the peak 24 hour period of a 100-year
storm shall be retained onsite unless waived by the City Engineer. The
tributary drainage area for which the subdivider is responsible shall extend
to the centerline of adjacent public streets.
13.24 7
E. The subdivision shall be graded to permit storm flow in excess of retention
capacity to flow out of the subdivision through a designated overflow outlet
and into the historic drainage relief route.
F. Storm drainage historically received from adjoining property shall be
received and retained or passed through into the historic downstream
drainage relief route.
G. The design of the subdivision shall not cause any increase in flood
boundaries, flood levels, flood duration or flood occurrence in any area
outside the subdivision.
H. All drainage facilities shall be designed and constructed consistent with the
Comprehensive Drainage Master Plan and meet the requirements and
standards of the City of La Quinta and CVWD.
I. Stormwater drainage improvements shall be reflective of the needs of each .
development project. For example, providing street curbs in areas
designated Rural Residential overlay on the Land Use Policy Diagram of the
La Quinta General Plan, may not be appropriate and alternative stormwater
facilities will be necessary.
J. On -site retention shall be in a common retention basin or basins except in the
case of residential lots 21h acres in size or greater or where, in the opinion
of the City Engineer, the overall lay of the land or other compelling
circumstances make common retention basins impracticable. If individual -lot
retention is approved, the following conditions shall apply:
1. Each private lot proposed for on -site retention shall be designed, to
receive and safely convey stormwater in excess of retention capacity,
including inflow from adjacent properties. Front yards shall drain to
the street unless constrained by the overall lay of the land. Retention
basin side slopes shall not exceed 3:1.
2. Calculations to determine the required volume of retention and grading
'plans for each lot shall consider previously -approved grading plans for
adjacent properties and shall be submitted, with copies of the
previously -approved adjacent -lot plans, to the City Engineer for plan
checking and approval.
3. Prior to or concurrently with the recordation of the final subdivision
map, a homeowner's association or lot owner's association (HOA) shall
be legally established and Covenants, Conditions and Restrictions
(CC&Rs) recorded. The CC&Rs shall stipulate the requirement and/or
need for design, construction and maintenance of individual on -lot
basins and the required retention capacity for each individual lot. The
13.24 8
CC&Rs shall grant the HOA irrevocable rights to enter and maintain
each individual retention basin and perform all subdivision grading
necessary for the stormwater retention design. The CC&Rs shall
establish, in an irrevocable manner, that:
• The HOA has responsibility for maintenance of the overall
retention capacity of the development;
• If the HOA fails to maintain the overall retention capacity, the
City shall have the right to seek other remedies to restore and/or
maintain the overall capacity or to establish or expand
downstream facilities to mitigate the off -site effects of the HOA's
failure to maintain the overall capacity; and
• The HOA shall promptly reimburse the City for any and all costs
incurred in exercising such right.
4. The final subdivision map shall establish a perpetual easement granting
the City the right to enter and maintain retention basins and other
drainage facilities, as necessary, to preserve or restore the approved
stormwater conveyance and retention design, with no compensation to
the property owner.
13.24.120 LANDSCAPE SETBACKS
Landscape setbacks are required along public street rights of way. Buildings,
walls, parking lots, and other improvements associated with the subdivision shall
not be constructed within setbacks except as allowed herein. Retention basins,
public sidewalks and equestrian trails may be located in setbacks if approved by
the City as compatible with the landscape and design theme desired within the
setbacks.
Landscape setbacks for residential subdivisions shall be created on the final map
as lettered lots. If the subdivision streets are to be ungated and publicly
maintained, landscape setback lots shall be dedicated to the City. If the
subdivision streets are to be gated and privately maintained, landscape setback lots
shall be dedicated to the homeowners' or landowners' association.
Landscape setback widths, as measured perpendicular to the right of way line,
shall generally be as follows:
Street
Highway 111
Other Major Arterial Streets
Primary Arterial Streets
Secondary Arterial Streets
Collector Streets
Setback
50 feet
20 feet
20 feet
10 feet
10 feet
13.24 9
Improvements within areas designated Agricultural Character Retention areas on
the Open Space Policy Diagram of the La Quinta General Plan shall incorporate
elements of past agricultural uses, such as date palm groves and citrus orchards
into those landscape areas that are within or adjacent to public rights of way.
13.24.130 LANDSCAPING PLANS
Landscape and irrigation plans for landscaped lots, landscape setback areas,
medians, common retention basins, and park facilities shall be prepared by a
licensed landscape architect. Landscape and irrigation plans shall be submitted for
review and approval of the Community Development Director and the City
Engineer.
13.24.140 SPECIAL IMPROVEMENTS
Bicycle lanes shall be designed and improved consistent with the Bikeway Corridor
Policy Diagram contained within the La Quinta General Plan, or if adopted, the
Comprehensive Trails System Master Plan.
Hiking and Equestrian trails shall be designed and improved consistent with the
— Park Recreation Policy Diagram of the La Quinta General Plan, or if adopted, the
Comprehensive Trails System Master Plan. The trails shall be deeded to the City
either in fee or as easements as determined by the City Engineer.
13.24.150 MAINTENANCE
Subdividers shall make provisions for maintenance of improvements until final
acceptance, by the City Council, of all improvements required as conditions of
approval.
13.24.160 CLEAN AIR/CLEAN WATER
The subdivider shall comply with applicable provisions of the National Pollution
Discharge Elimination System (NPDES) and the City's NPDES permit.
Graded land shall be protected from wind and water erosion through the use of
various materials and methods such as, but not limited to, active irrigation,
establishment of vegetative root structure to anchor soil, or surface barriers such
as straw, wood ships or anchored plastic sheeting.
Prior to grading operations, the subdivider shall submit and receive approval of a
fugitive dust control plan prepared in accordance with Chapter 6.10, La Quinta
Municipal Code.
13.24 10
13.24.170 FEES AND DEPOSITS
Subdividers shall pay deposits and fees required by the City for plan checking and
construction permits. Deposit and fee amounts shall be those in effect when the
subdivider makes application for the plan checks and permits.
Prior approval of a final map or completion of any approval process for
modification of boundaries of property subject to these conditions, the subdivider
shall process a reapportionment of any bonded assessment(s) against the property
and pay all costs of the reapportionment.
13.24 11
Chapter 13.28 IMPROVEMENT SECURITY
Sections:
13.28.010
PURPOSE
13.28.020
APPLICABILITY
13.28.030
FORMS OF IMPROVEMENT SECURITY
13.28.040
AMOUNT OF IMPROVEMENT SECURITY
13.28.050
RELEASE OF IMPROVEMENT SECURITY
13.28.010 PURPOSE
Pursuant to Sections 66462 and 66499 of the Government Code, this Chapter
specifies forms and amounts of security required to guarantee the completion of
improvements and satisfaction of obligations which are conditions of approval of
subdivision, reconfiguration and/or consolidation of real property.
13.28.020 APPLICABILITY
The provisions of this chapter apply to all subdivision, reconfiguration, and/or
consolidation of real property for which conditions of approval have not been
satisfied prior to approval of a final map, parcel map, waiver of parcel map, or
other required developmental approval.
13.28.030 FORMS OF IMPROVEMENT SECURITY
Security furnished in guarantee of the performance of any act or the fulfillment of
any obligation shall be of a form'or forms approved by resolution of the City
Council and shall meet any acceptance standards established by the resolution.
13.28.040 AMOUNT OF IMPROVEMENT SECURITY
Security in guarantee of the performance of any act or agreement shall be in the
following amounts:
A. JPerformance Security - 100 percent of the total estimated cost of the
improvement or the act to be performed, which shall include all survey
monumentation, design, construction, and construction engineering;
B. Labor and Material Security - 100 percent of the total estimated cost of the
improvement or act to be performed, securing payment to the contractor, the
subcontractors and to persons furnishing labor, materials, or equipment to
them for the improvement or the performance of the required improvement
or act. Labor and materials security shall not be required for
monumentation;
13.28 1
C. Warranty Security - 10 percent of the total estimated cost of improvements
necessary to guarantee or warranty the work against any defective work or
labor completed, or defective material provided, for a period of one year
following the completion and acceptance of the work. Warranty security
shall be provided after improvements are complete and accepted/approved by
the City Council and prior to or concurrently with the final release of
performance security. Warranty security shall not be required for
monumentation;
D. Deferred Improvements - 100 percent of the pro rata cost of deferred
improvements which are a condition of subdivision map approval, but which
are to be constructed by others. The type of deferred improvements include,
but are not limited to traffic signals, bridge construction or major
thoroughfare improvements. Deferred improvements shall be secured by
performance security alone. No labor and materials or warranty security is
required.
13.28.050 RELEASE OF IMPROVEMENT SECURITY
The improvement security required by this Chapter shall be released in whole or
in part in the following manner:
A. Performance security shall be released upon the final completion and
acceptance or approval, by the City Council, of all improvements required
to be constructed by the subdivider, subject to the provisions of paragraph B.
B. The City Engineer may authorize partial reduction of performance security
as work progresses, upon application by the subdivider. However, no such
reduction shall be for an amount less than 10 percent of the total performance
security provided for the faithful performance of the act or work. In no
event shall security be reduced below that required to guarantee the
completion of -the act or work or obligation secured, plus 10 percent. The
City Engineer shall not allow more than two partial reductions of security
furnished for any improvement agreement.
C. If the City receives no notice of recorded claims of lien, labor and materials
security shall be released in full 90 days after final acceptance and/or
approval by the City Council, of all improvements required to be constructed
by the subdivider. If the City receives notice of any recorded lien, the
provisions of the Subdivision Map Act shall apply.
D. Warranty security not utilized during the warranty period shall normally be
released one year after final acceptance or approval by the City Council of
all improvements required to be constructed by the subdivider. If, at the end
of the one-year warranty period, there are one or more outstanding requests
by the City for performance of work or provision of materials under the
13.28 2
terms of the warranty, any remaining warranty security shall be retained until
the outstanding requests are satisfied or until the subdivider has made other
arrangements satisfactory to the City Engineer.
13.28 3
Chapter 13.32 LOT LINE ADJUSTMENTS
Sections:
13.32.010
PURPOSE
13.32.020
APPLICABILITY
13.32.030
FILING OF LOT LINE ADJUSTMENTS
13.32.040
APPLICATION MATERIALS
13.32.050
PROCESSING PROCEDURES
13.32.060
EVALUATION CRITERIA
13.32.070
CONDITIONS OF APPROVAL
13.32.080
PROHIBITED CONDITIONS
13.32.090
FEES
13.32.100
APPEALS
13.32.010 PURPOSE
This Chapter establishes procedures for adjusting the boundary lines between.two
(2) or more existing parcels.
13.32.020 APPLICABILITY
Lot line adjustment may be utilized to reconfigure two or more adjoining lots into
sizes or shapes appropriate for desired uses.
13.32.030 FILING OF LOT LINE ADJUSTMENTS
Requests for a lot line adjustment shall be filed with the Community Development
Department on an approved City application form.
13.32.040 APPLICATION MATERIALS
Applications for lot line adjustments shall include the following materials:
A. Grant deeds and/or title reports for all properties affected.
B. An acceptable legal description of each existing and new lot/parcel to be
created.
C. Four (4) copies of a plat map displaying the new lot or parcel configurations
and one (1) reproducible reduction, 81h" x 11" in size.
D. City processing fees.
E. The location of all structures on the affected properties.
13.32 1
13.32.050 PROCESSING PROCEDURES
A. Once an application has been accepted for filing, the Community
Development Director shall distribute the lot line adjustment request for
review and comment to the Public Works Department and other appropriate
departments or agencies.
B. Within 30 days of acceptance of the application, the Community
Development Director shall either approve the lot line adjustment, approve
with conditions, or deny the lot line adjustment.
C. The applicant shall record new grant deeds which reflect the approved lot
line adjustment and shall provide the City with certified copies of the
recorded deeds.
D. Upon approval or conditional approval of the lot line adjustment and receipt
by the City of certified copies of the recorded deeds reflecting the new
configuration, the Community Development 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.
13.32.060 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 zoning and building codes, and
C. The adjustment does not cause existing uses of the property to be out of
compliance with any provisions of the Municipal Code.
13.32.070 CONDITIONS OF APPROVAL
The Community Development Director may not impose conditions or exactions on
the approval of a lorline adjustment, except:
A. To conform with zoning and building codes.
B. 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.
13.32 2
13.32.080 PROHIBITED CONDITIONS
A. 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.
B. No tentative map, parcel map, or final map shall be required as a condition
to the approval of a lot line adjustment.
13.32.090 FEES
A completed request for a lot line adjustment request shall include payment of a
processing fee as established by City Council resolution.
13.32.100 APPEALS
All appeals shall be processed as provided by Chapter 13.12, Tentative Subdivi$ion
Maps.
13.32 3
Chapter 13.36 MERGER OF PARCELS
Sections:
13.36.010 PURPOSE
13.36.020 APPLICABILITY
13.36.030 REQUIREMENTS FOR PARCEL MERGERS
13.36.040 INITIATION OF MERGER BY PROPERTY OWNER
13.36.050 PROCESSING OF OWNER -INITIATED MERGERS
13.36.060 INITIATION OF MERGER BY THE CITY
13.36.070 NOTICE OF INTENTION TO DETERMINE STATUS
13.36.080 NOTIFICATION OF PROPERTY OWNER
13.36.090 DIRECTOR'S HEARING
13.36.100 COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION WITHOUT
HEARING; NOTICE TO OWNER
13.36.110 FILING NOTICE OF MERGER OR NOTICE OF NONMERGER
13.36.120 APPEALS
13.36.010 PURPOSE
This Chapter implements the procedure prescribed in Section 66451 of the
Government Code for consolidation of contiguous parcels units of land held by the
same owner without reversion to acreage.
13.36.020 APPLICABILITY
Parcel mergers apply to contiguous parcels or units of real property, under
common ownership, which meet the requirements of Section 13.36.030.
13.36.030 REQUIREMENTS FOR PARCEL MERGERS
Any two or more contiguous parcels or units of land held by the same owner may
be merged by the City if the following requirements are satisfied:
A. At least one of the affected parcels is undeveloped by any 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 accessory structures, or is developed with a single structure, other than an
accessory structure, that is also partially sited on a contiguous parcel or unit.
B. With respect to any of the affected parcels to be merged, one or more of the
following conditions exists:
1. It comprises less than 5,000 square feet in area at the time of the
determination of merger,
13.36 1
2. It was not created in compliance with applicable laws and ordinances
in effect at the time of its creation,
3. It does not meet current standards for sewage disposal and domestic
water supply,
4. It does not meet slope stability standards,
5. It has no legal access which is adequate for vehicular and safety
equipment access and maneuverability,
6. Its development would create health or safety hazards, and
7. It is inconsistent with the City General Plan and any applicable specific
plan, other than minimum lot size or density standards.
13.36.040 INITIATION OF MERGER BY PROPERTY OWNER
Applications to merge contiguous parcels shall be made to the Community
Development Director on forms provided by the Community Development
Department and shall include the following:
A. An exhibit, drawn to scale, delineating the existing parcel boundaries and the
location of existing structures and easements,
B. Copies of the latest grant deeds for the existing parcels,
C. A legal description and plat, drawn to scale on reproducible mylar or other
approved medium, showing the boundaries of the new parcel (after the
merger). The legal description and plat shall be appropriate for recordation
with the county recorder,
D. A preliminary title report, and
E. Written consent of all owner of record interest.
13.36.050 PROCESSING OF OWNER -INITIATED MERGERS
The Community Development Director shall transmit a completed application to
the City Engineer for review and recommendation and may grant approval of the
request for merger if the following criteria are met:
A. The merger complies with the standards specified in Section 13.36.030,
B. The parcel will be consistent with the zoning of the property,
1336 2
C. The parcel will not conflict with the location of existing structures on the
property,
D. The parcel will not be deprived of adequate access as a result of the merger,
E. Access to adjoining properties will not be restricted as a result of the merger,
and
F. No new lot lines are created by the merger.
13.36.060 INITIATION OF MERGER BY THE CITY
Parcel mergers shall be initiated by the Community Development Director through
the filing, with the County Recorder, of a Notice of Intention to Determine Status.
13.36.070 NOTICE OF INTENTION TO DETERMINE STATUS
The Community Development Director shall initiate a parcel merger by filing, with
the Riverside County Recorder, a Notice of Intention to Determine Status. The
Notice shall identify the subject property and list the owners of record as
determined from the Riverside County Deed Records.
13.36.080 NOTIFICATION OF PROPERTY OWNER
The Community Development Director may caused to be mailed, by certified mail
to the current record owner of the affected parcels, a copy of the Notice to
Determine Status and a notification :to the property owner that the affected parcels
may be merged pursuant to standards specified herein. The notification shall
advise the owner that he or she may, within 30 days, request, in writing, a hearing
to present evidence that the property does not meet the criteria for merger.
13.36.090 DIRECTOR'S HEARING
If a written request for a hearing on the Determination of Status is received by the
Community Development Department within 30 days of recordation of the Notice
of Intent to Determine Status, the Community Development Director shall set a
time, date and place for a director's hearing.
The City shall notify the property owner of the time and place of the director's
hearing by certified mail. The hearing shall be conducted not more than 60 days
— following the receipt of the property owner's request for hearing, but may be
postponed or continued with the mutual consent of the Community Development
Director and the property owner.
13.36 3
At the hearing, the property owner shall be given the opportunity to present
evidence that the affected property does not meet the requirements for merger as
set forth in Section 13.36.030.
At the conclusion of the hearing, the Community Development Director shall make
a determination as to whether the affected parcels are to be merged or not to be
merged and shall notify the owner of his or her determination.
The Community Development Director may make a determination of merger if
affected property meets the standards for merger specified in Section 13.36.030.
The Community Development. Director may make a determination of nonmerger
whether or not the affect property meets the standards for merger specified above.
13.36.100 COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION
WITHOUT HEARING; NOTICE TO OWNER
If the property owner fails to file a request for hearing within the thirty (30) day
period as provided in Section 13.36.080, the Community Development Director
may, at any time thereafter, make a determination as to whether the affected
parcels are to be merged.
13.36.110 FILING NOTICE OF MERGER OR NOTICE OF NONMERGER
If the Community Development Director makes a determination of merger, he or
she shall cause to be recorded a Notice of Merger no later than 90 days after the
mailing of the Notice of Intention to Determine Status and no later than 30 days
following a hearing on the matter, if a hearing is held. The Notice of Merger shall
specify the names of the record owners and describe the affected property. The
merger becomes effective on the date the Notice of Merger is filed with the
Riverside County Recorder's Office.
If the Community Development Director determines that the subject property shall
not be merged, he or she shall cause to be recorded a release of the Notice of
Intention to Determine Status and shall mail a clearance letter to the current owner
of the subject property.
13.36.120 APPEALS
All appeals shall be processed as provided by Chapter 13.12, Tentative Subdivision
Maps.
13.36 4
Chapter 13.40 REVERSIONS TO ACREAGE
Sections:
13.40.010
PURPOSE
13.40.020
APPLICABILITY
13.40.030
FILING OF REVERSIONS TO ACREAGE
14.40.040
FORM OF PETITION
13.40.050
APPLICATION MATERIALS
13.40.060
FINDINGS FOR APPROVAL
13.40.070
CONDITIONS OF APPROVAL
13.40.080
EFFECTIVE DATE OF REVERSIONS
13.40.090
APPEALS
13.40.010 PURPOSE
Reversion to acreage is a means of recombining land which was previously -
subdivided. The process may be used to nullify rights and/or obligations effected
by a previous subdivision of the property. Reversions to acreage require a
tentative map and either a final map or a parcel map and shall comply with the
provisions of Section 66499.11 of the Government Code.
13.40.020 APPLICABILITY
Reversion to acreage applies to the reconsolidation of previously -subdivided land
where:
A. A recision is sought of rights acquired or obligations incurred under a
previous subdivision of the property, and
B. The parcels do not meet requirements for reconsolidation through a parcel
merger or lot line adjustment.
13.40.030 FILING OF REVERSIONS TO ACREAGE
Proceedings for reversion to acreage may be initiated by motion of the City
Council or by petition of all of the owners of record of the real property within the
subdivision. Requests by petition shall be filed with the Community Development
Department on an approved City application form.
13.40.040 FORM OF PETITION
A petition by property owners for a reversion to acreage shall contain the
following:
A. Adequate evidence of title to the real property within the subdivision,
13.40 1
B. Sufficient data to enable the City Council to make all of the determinations
and findings required by this Chapter,
C. A final map which delineates dedications which will not be vacated and
dedications which are a condition to reversion.
13.40.050 APPLICATION MATERIALS
Application materials for a reversion to acreage are as follows:
A. A petition as specified in Section 13.40.040,
B. The materials required in Section 13.12.050 B, C, F, & G, and
C. A City application form accompanied by the required filing fee.
13.40.060 FINDINGS FOR APPROVAL
A request for reversion to acreage shall be approved if the dedications or offers of
dedication to be vacated or abandoned by the reversion to acreage are unnecessary
for present or prospective public purposes and one of the following items are met:
A. All owners of an interest in the real property within the subdivision have
consented to reversion; or
B. None of the improvements required have been made within two (2) 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 the
later; or
C. No lots shown on the final or parcel map have been sold within five (5) years
from the date such map was filed for record.
13.40.070 CONDITIONS OF APPROVAL
A reversion to acreage request is subject to conditional approval through the
tentative map review process. Conditions will be determined on a case -by -case
basis, but shall include, if appropriate;
A. Dedications or offers of dedication,
B. Retention of all previously paid fees, and
C. Retention of any portion of required improvement security or deposits made
in guarantee of improvements which are necessary despite reversion of the
property to acreage.
13..40 2
13.40.080 EFFECTIVE DATE OF REVERSIONS
Reversion shall be effective upon the final map being filed for record by the
County Recorder. Thereupon, all dedications and offers of dedication not shown
on the reversion map shall be of no further force or effect and all fees, deposits,
and improvement security not retained pursuant to the provisions of this Chapter
shall be released.
13.40.090 APPEALS
All appeals shall be processed as provided by Chapter 13.12 Tentative Subdivision
Maps.
13.40 3
Ord 272
Chapter 13.44 CERTIFICATES OF COMPLIANCE
Sections:
13.44.010 PURPOSE .
13.44.020 APPLICABILITY
13.44.030 FILING PROCEDURES
13.44.040 APPLICATION MATERIALS
13.44.050 REVIEW AND PROCESSING PROCEDURES
13.44.060 FORM OF A CERTIFICATE OF COMPLIANCE OR CONDITIONAL
CERTIFICATE OF COMPLIANCE
13.44.010 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.
13.44.020 APPLICABILITY
This Chapter applies to parcels of land for which there is no final map, parcel
map, official map, or approved certificate of exception which establish legal status
for the parcels.
13.44.030 FILING PROCEDURES
Requests for certificates of compliance shall be filed with the Community
Development Department on an approved City application form.
13.44.040 APPLICATION MATERIALS
An application for a certificate of compliance shall be accompanied by the
following:
A. One (1) copy of grant deeds and/or other conveyance documents establishing
the ownership of the parcel on the date of its creation,
B. One (1) copy of the grant deed(s) and/or other conveyance documents
showing the current owner of the parcel,
C. An identification of the Assessor parcel number(s) for the parcel,
D. A legal description of the parcels,
E. One (1) copy of a plat map(s) and one (1) reproducible reduction, not
exceeding 81h" x 11" in size, which depict the parcel or parcels involved in
the request, and
F. Processing fees.
13.44.050 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. A certificate of compliance shall be issued for any parcel created prior to
March 4, 1972, which meets the following criteria:
1. The parcels resulted from a.division of land in which fewer than five
(5) parcels were created, and
2. At the time of creation of parcels, there was no local ordinance
regulating the division of land.
B. 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 provisions of state or local ordinances regulating the division
of land. A conditional certificate of compliance may include conditions as
follows:
1. 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, and
2. If the subdivider was the owner of record at the time of the initial land
division and currently owns one or more of the parcels involved in the
land division, the conditional certificate of comkiiance may impose
conditions which would be applicable to a current division of land.
13.44.060 FORM OF A CERTIFICATE OF COMPLIANCE OR CONDITIONAL
CERTIFICATE OF COMPLIANCE
The certificate of compliance or conditional certificate of compliance shall include
the following notices:
A. "This certificate relates only to issues of compliance or noncompliance with
the Subdivision Map Act and legal ordinances enacted pursuant thereto. The
parcel described herein may be sold, leased, or financed without further
Ord 272
— compliance with the Subdivision Map Act or any local ordinance enacted
pursuant thereto. Development of the parcel may require issuance of a
permit or permits, or other grant or grants of approval, " and
B. A listing of any conditions to be fulfilled and implemented prior to
subsequent issuance of a permit or other grant of approval for development
of the property, as specified in the conditional certificate of parcel
compliance.
The City shall file the completed certificate of compliance or conditional certificate
of compliance with the Riverside County Recorder's Office.
Ord 272
Chapter 13.48 PARK DEDICATIONS (QUIMBY ACT)
Sections:
13.48.010 PURPOSE
13.48.020 APPLICABILITY
13.48.030 EXEMPTIONS
13.48.040 PARKLAND DEDICATION OR IN -LIEU FEES REQUIRED
13.48.050 FORMULA FOR DEDICATION OF LAND
13.48.060 IN -LIEU FEES
13.48.070 CRITERIA FOR ACCEPTANCE OF LAND DEDICATION
13.48.080 PROCESSING PROCEDURES
13.48.090 GENERAL PLAN CRITERIA
13.48.010 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 Chapter 66477 of the
Government Code.
13.48.020 APPLICABILITY
All residential subdivisions of land, except those identified in the following
section, are to provide for parks by either dedicating land, paying an in -lieu fee,
or a combination of the two.
13.48.030 EXEMPTIONS
Subdivisions containing less than five (5) parcels and non-residential subdivisions
are exempt from the requirements of this Chapter. However, a condition shall be
placed on the approval of non-residential parcel maps that if a building permit is
requested for construction of a residential structure or structures on one or more
of the parcels within four (4) years, the in -lieu fee shall be required to be paid by
the owner of each such parcel as a condition of the issuance of such permit.
11
13.48.040 PARKLAND DEDICATION OR IN -LIEU FEES REQUIRED
The City Council shall require either the payment of a park development fee, the
dedication of land, or both when a residential subdivision is proposed. The
payment of in -lieu fees will be required in subdivisions containing 50 parcels or
less, except that when a condominium project, stock cooperative, or community
apartment project exceeds 50 dwelling units, dedication of .land may be required
even though the number of parcels may be 50 parcels or less. All subdivisions of
mobile home parks and condominium conversions are subject to the park
development fee.
13.48.050 FORMULA FOR DEDICATION OF LAND
The parkland dedication requirement shall equal three (3) acres per one thousand
(1,000) people. The number of people within a subdivision shall be calculated by
multiplying the number of dwelling units times the average density per dwelling
unit in the City according to the latest U.S. Census.
13.48.060 IN -LIEU FEES
In -lieu fees shall be based on the fair market value of land within a subdivision.
For any subdivision in which in -lieu fees are to be paid, the subdivider shall
provide land sale information, a current appraisal, or other information on land
value within the subdivision. Community Development Director may consider the
subdivider -provided information and/or other land value information in calculation
of the parkland dedication requirement.
13.48.070 CRITERIA FOR ACCEPTANCE OF LAND DEDICATION
The decision to accept land for park dedication shall be final and conclusive and
shall be determined by consideration of the following criteria:
A. Site topography, geology, access and location within the subdivision,
B. The size and shape of the subdivision and the area available for dedication,
C. Site environmental constraints, such as flooding or significant archaeological
resources,
D. The compatibility of the site with the Park and Recreation Element of the
General Plan, and
E. The availability and proximity of previously acquired park property.
13.48.080 PROCESSING PROCEDURES
At the time of approval of the tentative map the City, shall determine the amount
of land to be dedicated or the fees to be paid, or both. Dedications of land shall
be made prior to or concurrently with recordation of the first final map within the
tentative map or approval of a waiver of parcel map. In -lieu fees shall be paid for
individual dwelling units at the time of issuance of building permits.
13.48.090 GENERAL PLAN CRITERIA
The City of La Quinta General Plan contains a number of policies on parkland
development. Those policies have been compiled and placed in an Appendix to
Ord 272
this document, which may be updated in response to amendments to the General
Plan.
Ord 272
La Quinta General Plan
Park and Recreation Element
Quimby Act Related Policies
Policy 5-2.1.1
The City shall require the dedication of land and/or the payment of fees to provide 3.0 acres of
park land per 1,000 residents, based upon the residential density of the project and the persons
per occupied household (based on the 1990 U.S. Census for La Quinta).
Policy 5-2.1.2
The City shall revise, and make more specific, its existing ordinance regulating the dedication
of land and payment of fees for park and recreation purposes.
Policy 5-2.1.4
The City shall require that the dedicated land and/or payment of fees in lieu of dedication are
to be used to rehabilitate existing or develop new Neighborhood Park, Community Park or
recreational facilities within the service area of the most proximate existing or future
Neighborhood or Community Park and shall bear a reasonable relationship between the
recreation facilities to be enhanced or developed and the inhabitants of the subdivision.
Policy 5-2.1.5
The City shall require that the land to be dedicated for a Neighborhood or Community Park
provides reasonable accessibility for residents within its service area and is located on
appropriately sized acreage that is not subject to detrimental environmental or cultural (i.e.
flooding, steep slopes, significant archaeological or paleontological resource) impacts.
Policy 5-2.1.6
The City shall develop a five-year schedule to specify how, when and where the dedicated land
and/or fees will be utilized to develop new or to rehabilitate the most proximate existing
Neighborhood or Community Park located within the service area of the subdivision.
Policy 5-2.1.7
The City shall issue a credit for the value of any park and recreatilLpal improvements to the
dedicated land or existing park and recreational facilities against the payment of fees or the
dedication of land. The City shall not issue a credit for private recreation facilities.
Policy 5-2.1.8
The City shall generally require the payment of fees in lieu of park land dedication in
subdivisions containing 50 or less residential parcels and shall exempt residential subdivisions
containing less than five parcels or not utilized for residential purposes.
Policy 5-2.1.9
The City shall utilize the interest collected from fees paid in lieu of park land dedication, in
proportion to the initial fee collected, to provide park and recreation facilities to serve the
subdivisions.
Policy 5-2.1.11
The City shall utilize its ability to purchase, sell or convey lands and to utilize fees which have
been previously exacted or dedicated for park and recreation purposes. The acreage or fees for
which the previously dedicated land was to be purchased, sold or conveyed shall be used to
assemble and purchase acreage for park and recreation use which shall bear a reasonable
relationship to the residential subdivision from which the fees and/or land was originally
exacted.
Ord 272
Chapter 13.52 MAJOR THOROUGHFARE AND BRIDGE BENEFIT
DISTRICTS
Sections:
13.52.010
PURPOSE
13.52.020
APPLICABILITY
13.52.030
BENEFIT DISTRICT FORMATION
13.52.040
PUBLIC HEARING; NOTIFICATION
13.52.050
PROTEST CRITERIA
13.52.060
FORMATION OF DISTRICT; ESTABLISHMENT OF
AND FEE
13.52.070
PAYMENT OF FEES; ALTERNATIVES
13.52.080
DISPOSITION OF FEES
13.52.090
REFERENCE TO THE GENERAL PLAN
13.52.010 PURPOSE
AREA OF BENEFIT
This Chapter establishes a mechanism for the collection of fees to defray the actual
or estimated cost of constructing major transportation facilities. Fees collected
pursuant hereto shall be in accordance with Section 66484 of the Government
Code.
13.52.020 APPLICABILITY
This Chapter applies to all real property which may benefit from major
thoroughfares and bridges. The fees collected may apply to the preparation of
design plans, construction, or acquisition of land.
13.52.030 BENEFIT DISTRICT FORMATION
The City Council may, through the procedures outlined herein, establish districts
in which fees are collected to defray the actual or estimated cost of construction,
reconstruction, or expansion of major thoroughfares, bridges and other
transportation facilities which benefit, or are necessary due to, development of
properties within the district. The cost or estimated costs shall include land
acquisition, design, plan preparation, construction engineering, and other necessary
costs incidental to construction, reconstruction or expansion of the facilities listed
above.
13.52.040 PUBLIC HEARING; NOTIFICATION
The City Council shall set a public hearing for each area benefited. Notice shall
be given to all property owners and local agencies that provide services, shall be
published in a newspaper pursuant to Section 65091 of the Government Code, and
shall include preliminary information related to the boundaries of the area of
benefit, the estimated cost of improvements and the method of fee apportionment.
The area of benefit may include additional land or improvements, which is/are the
subject of any map or building permit application.
13.52.050 PROTEST CRITERIA
Written protests may be made, until the close of the public hearing, by property
owners affected by the proposed collection of fees. If, within such time, there are
written protests by the owners of more than one-half the property in the area to be
benefited by the improvement, and sufficient protests are not withdrawn prior to
the close of the hearing so as to reduce the property represented to less than one-
half of that to be benefited, then the proposed proceedings shall be abandoned.
The City Council shall not, for one (1) year after the filing of such written protest,
commence or carry on any proceedings for the same improvement or acquisition
under the provisions of this Chapter. Any protest may be withdrawn by the owner
making the protest, in writing, at any time prior to the conclusion of the public
hearing.
If any majority protest is directed against only a portion of the improvement then
all further proceedings under the provisions of this section to construct that portion
of the improvement protested against shall be barred for a period of one (1) year.
The City Council may, however, commence new proceedings not including any
part of the improvement or acquisition protested against. Nothing under this
ordinance shall prohibit the City Council, within the one (1) year period, from
commencing and carrying on new proceedings for the construction of a portion of
the improvement protested against, if it finds by the affirmative vote of four -fifths
(4/5) of its members, that the owners of more than 1/2 of the area of the property
to be benefited are in favor of going forward with that portion of the improvement
or acquisition.
13.52.060 FORMATION OF DISTRICT; ESTABLISIEE%IENT OF AREA OF BENEFIT
AND FEE
If the City Council determines to proceed with formation of a district, the City
Council shall adopt a resolution which includes a description of the boundaries of
the area of benefit, the costs, whether actual or estimated, and the method of fee
apportionment. A certified copy of the adopted resolution shall be recorded with
the Riverside County Recorder's Office.
The method of fee apportionment, in the case of major thoroughfares, shall not
provide for higher fees on land which abuts the proposed improvement, except
where the abutting property is provided direct usable access to the major
thoroughfare. Apportioned fees shall be applicable to all property within the area
of benefit unless the City Council makes provisions for payment, from other
sources, of the share of improvement costs which would have been apportioned to
any property excluded from the payment of fees.
Ord 272
13.52.070 PAYMENT OF FEES; ALTERNATIVES
Fees are payable and shall be collected at the time of issuance of building permits
for the property or portions of the property to be assessed.
The City Council may accept alternatives in lieu of the fees required by this
chapter.
13.52.080 DISPOSITION OF FEES
Fees which are paid according to the provisions of this Chapter shall be deposited
in a fund specifically earmarked for planned bridge facilities or major
thoroughfares within the district.
Funds accumulated for planned bridge facilities or major thoroughfares serving a
district shall be expended solely for the construction, reconstruction or expansion
of such facilities or for reimbursement of the cost of such improvements, or to
reimburse the City for the cost of making the improvements.
13.52.090 REFERENCE TO THE GENERAL PLAN
The City of La Quinta General Plan contains numerous references and policies
related to the City's circulation/transportation system, bridges and flood control
facilities. The General Plan further elaborates upon the need and function of the
city's road and drainage systems. The discussion of these matters is located
primarily within the Circulation and Infrastructure and Public Services Elements
of the La Quinta General Plan.
INDEX
Access/Egress, defined, 13.04.070
Access to Individual Properties, 13.24.090
Advisory Agency, 13.04.040
Community Development Director Designated As
Alley, defined, 13.04.070
Full Width Improvement, 13.24.060 A
Secondary Access Allowed to Property, 13.24.090 A
Amount of Improvement Security, 13.28.040
Performance Security, 13.28.050 A
Labor and Material Security, 13.28.040 B
Warranty Security, 13.28.040 C
Deferred Improvements, 13.28.040 D
Appeals
Tentative Subdivision Maps, 13.12.130
Final and Parcel Maps, 13.20.130
Lot Line Adjustments, 13.32.100
Merger of Parcels, 13.36.120
Reversions to Acreage, 13.40.090
Application Materials, for Subdivisions, 13.12.050
Radius Map, 13.12.050 B
Mailing Labels, 13.12.050 C
Environmental Assessment Forms, 13.12.050 D
Filing Fees, 13.12.050 E
Drainage Report, 13.12.050 H
Special Studies, 13.12.050 I
Approved, defined, 13.04.070
Archaeological, defined, 13.04.070
Required as a Special Study, 13.12.050 I, 13.12.110
Identified on Constraint Sheet, 13.20.060
Basic Provisions, 13.04
Purpose, 13.04.010
Applicability, 13.04.020
Authority, 13.04.030
Conformance with Existing City Plans and Development Criteria, 13,04.050
Review and Approval Authority, 13.04.060
City Council
Community Development Director
Final and Parcel Maps, Review and Approval of
Lot and Parcel Mergers, Review and Approval of
Lot Line Adjustments, Review and Approval of
Planning Commission
Responsible Agencies
Reversions to Acreage, Review and Approval of
Ord 272
Tentative Maps, Review and Approval of
Tentative Map Extensions, Review and Approval of
Tentative Parcel Maps, Review and Approval of
Vesting Tentative Maps, Review and Approval of
Waiver of Parcel Maps, Review and Approval of
Caltrans, defined, 13.04.070
Review Agency, 13.12.090 2 M
Census, defined, 13.04.070
CEQA, defined, 13.04.070
Certificates of Compliance, 13.44
Purpose, 13.44.010
Applicability, 13.44.020
Filing Procedures, 13.44.030
Application Materials, 13.44.040
Review and Processing Procedures, 13.44.050
Issuance of a Certificate of Compliance or Condition Certificate of
Compliance
Form of a Certificate of Compliance or Condition Certificate of
Compliance
City, defined, 13.04.070
City Council, Review and Approval Authority, 13.04.060
Approval of Warranty Security, 13.28.050
Civil Code, defined, 13.04.070
Clean Air/Clean Water, 13.24.160
Fugitive Dust Control Plan
NPDES
Protected from Wind and Water Erosion
Use of Materials
Community Development Director, Designated as "Advisory Agency", 13.04.040
Review and Approval Authority, 13.04.060
Processing of Lot Line Adjustments, 13.32.050
Initiation and Processing of Parcel Mergers, 13.36.040 through 13.36.110
Consistent, defined, 13.04.070
Covenants, Conditions, and Restrictions (CC&Rs), defined, 13.04.070, 13.24.110 J 3
City Remedies
Grant HOA Rights to Enter
HOA Reimbursement to City
Cul De Sac, defined, 13.04.070
Design, defined, 13.04.070
Detention Basin, defined, 13.04.070
Development, defined, 13.04.070
Development Right, defined, 13.04.070
For Vesting Tentative Maps, 13.16.070
Director's Hearing, 13.36.090
Community Development Director Makes Determination
Notify the Property Owners
Property Owners to Present Evidence
For Merger of Parcels
Drainage, 13.24.110
Facility Design, 13.24.110 A,B
Use of Streets, 13.24.110 B, C
Onsite Retention, 13.24.110 D
Outlet Overflow, 13.24.110 E
Historic Drainage Route, 13.24.110 F
Consistent with City and CVWD, 13.24.110 H
Easement, defined, 13.04.070
On Final and Parcel Maps, 13.20.070
For Other Facilities, 13.24.060 G
Extensions of Time for Tentative Maps, 13.12.150
Automatic Extensions of Time, 13.12.150 A
Request by the Subdivider, 13.12.150 B
Filing of Final Maps/Offsite Improvements, 13.12.150 C
Development Agreements, Moratoriums, Lawsuits, etc., 13.12.150 D
Finding(s), defined, 13.04.070
Mandatory Findings of approval for Tentative Maps, 13.12.120
Mandatory Findings of Approval for Vesting Tentative Map, 13.16.080
Final Map, defined, 13.04.070
Final Maps and Parcel Maps, 13.20
Review and Approval Authority, 13.04.060
Purpose, 13.20.010
Applicability, 13.20.20
Exemptions from Final or Parcel Map Requirement, 13.20.030
Filing of Final Maps and Parcel Maps, 13.20.040
Application Materials, 13.20.050
Final Map and Parcel Map Contents, 13.20.060
Size of Sheet, 13.20.060 B
Survey and Mathematical Information, 13.20.060 D
Designated Remainder Parcel, 13.20.060 F
Constraints Sheet, 13.20.060 G
Easements and Dedications, 13.20.070
Special Studies Prior to Approval of Final Maps, 13.20.080
Property Survey, 13.20.090
Improvement Agreement, 13.20.100
Approval of Final Maps and Parcel Maps, 13.20.110
Waivers of Parcel Maps, 13.20.120
Appeals, 13.20.130
Flood, 100-year, defined, 13.04.070
General Plan, defined, 13.04.070
Geologic Analyses, defined, 13.04.070
Required as a Special Study, 13.12.050 I
Government Code, defined, 13.04.070
Improvements, 13.24
Ord 272
Defined, 13.04.070
Purpose, 13.24.010
Applicability, 13.24.020
Improvement Standards, 13.24.030
Improvement Plans, 13.24.040
Landscaping, 13.24.040 A
Precise Grading, 13.24.040 A
Rough Grading, 13.24.040 A
Streets and Drainage, 13.24.040 A
Computer Files, 13.24.040 D
Improvement Under Jurisdiction of Agencies, 13.24.040 E
Reproducible Drawings, 13.24.040 F
Street Improvements, 13.24.050
Street Pavement Sections, 13.24.050 A
Improvements Shall Include, 13.24.050 B
Sidewalks, 13.24.050 C
Transit Facilities, 13.24.050 D
Improvements Beyond Subdivision Boundaries, 13.24.050 F
Traffic Control Devices, 13.24.050 G
Transit Facilities Provide For, 13.24.050
Street Design, 13.24.060
Improvements, 13.24.060 A,B
Alleys, 13.24.060 E
Cul-de-sac, 1.3.24.060 F
Street Grades, 13.24.060 G
Bicycle or Equestrian Paths and Trails, 13.24.060 H
Private Streets Design and Width Criteria, 13.24.070
Image Corridors and Gateway Intersections, 13.24.080
Access for Individual Properties and Developments, 13.24.090
Utilities, 13.24.100
CVWD
Electrical and Communication Facilities
Sewer, CVWD
Water
Drainage, 13.24.110
Facility Design, 13.24.110 A,B
Use of Streets, 13.24.110 B, C
Onsite Retention, 13.24.110 D
Outlet Overflow, 13.24.110 E
Historic Drainage Route, 13.24.110 F
Consistent with City and CVWD, 13.24.110 H
Onsite Retention Criteria, 13.24.110
Each Private Lot, 13, 24110 J 1
Determining Volume of Retention, 13.24.110, J 2
Establishment of an HOA and CC&R's, 13.24.110, J 3
Covenants, Conditions, and Restrictions (CC&Rs), 13.24.110 J 3
City Remedies
Grant HOA Rights to Enter
HOA Reimbursement to City
Landscape Setbacks, 13.24.120
Along Public Street Right -of -Way
Created on Final Map
Landscape Setback Widths
Use of Materials in Agricultural Character Retention Areas
Landscape Plans, 13.24.130
Prepared by Licensed Landscape Architect
Reviewed and Approved By
Type of Improvement Plans to be Submitted, 13.24.040 A
Special Improvements, 13.24.140
Bicycle Improvements
Bikeway Corridor Policy Diagram
Consistent with Bikeway Corridor and Park Recreation Policy Diagram
Maintenance of Improvements, 13.24.150
Clean Air/Clean Water, 13.24.160
Fugitive Dust Control Plan
NPDES
Protected from Wind and Water Erosion
Use of Materials
Fee and Deposits, 13.24.170
Improvement Security, 13.28
Purpose, 13.28.010
Applicability, 13.28.020
Forms of Improvement Security, 13.28.030
Amount of Improvement Security, 13.28.040
Performance Security, 13.28.040 A
Labor and Material Security, 13.28.040 B
Warranty Security, 13.28.040 C
Deferred Improvements, 13.28.040 D
Release of Improvement Security, 13.28.050
Authorize Partial Reduction
Landscape Setbacks, 13.24.120
Along Public Street Right -of -Way
Created on Final Map
Landscape Setback Widths
Use of Materials in Agricultural Character Retention Areas
Lot Line Adjustments, 13.32
Review and Approval Authority, 13.04.060
Purpose, 13.32.010
Applicability, 13.32.020
Filing of Lot Line Adjustments, 13.32.030
Application Materials, 13.32.040
Processing Procedures, 13.32.050
Ord 272
Distribute for Review and Comment, 13.32.050 A
Approve Within 30 Days, 13.32.050 B
Record New Grant Deeds, 13.32.050 C
Certificate of Compliance, 13.32.050 D
Evaluation Criteria, 13.32.060
Conditions of Approval, 13.32.070
Prohibited Conditions, 13.32.080
Fees, 13.32.090
Appeals, 13.32.100
Major Thoroughfare and Bridge Benefit Districts, 13.52
Purpose, 13.52.010
Applicability, 13.52.020
Benefit District Formation, 13.52.030
Public Hearing; Notification, 13.52.040
Protest Criteria, 13.52.050
Formation of District; Establishment of Area of Benefit and Fee, 13.52.060
Payment of Fees; Alternatives, 13.52.070
Disposition of Fees, 13.52.080
Reference to the General Plan, 13.52.090
Merger of Parcels, 13.36
Review and Approval Authority, 13.04.060
Purpose, 13.36.010
Applicability, 13.36.020
Requirements for Parcel Merger, 13.36.030
Initiation of Merger by Property Owner, 13.36.040
Processing of Owner -Initiated Mergers, 13.36.050
Initiation of Merger by City, 13.36.060
Notice of Intention to Determine Status, 13.36.070
Notification of Property Owner, 13.36.080
Director's Hearing, 13.36.090
Community Development Director Makes Determination
Notify the Property Owners
Property Owner to Present Evidence
Community Development Director's Determination Without Hearing;
Notice to Owner, 13.36.100
Filing Notice of Merger or Notice of Nonmerger, 13.36.110
Appeals, 13.36.120
Parcel Map, defined, 13.04.070
Park Dedications, 13.48
Purpose, 13.48.010
Applicability, 13.48.020
Exemptions, 13.48.030
Parkland Dedication or In -Lieu Fees Required, 13.48.040
Formula for Dedication of Land, 13.48.050
In -Lieu Fees, 13.38.060
Criteria for Acceptance of Land Dedication, 13.48.070
Processing Procedures, 13.48.080
General Plan Criteria, 13.48.090
Parkway, defined, 13.04.070
Planning Commission Review and Approval Authority, 13.04.060
Pro Rata, defined, 13.04.070
Cost of Deferred Improvements, 13.28.040 D
Public Notice Procedures, 13.12.090
Public Notice, 13.12.090 A
Specific Hearing Notification, 13.12.090 B
Release of Improvement Security, 13.28.050
Authorize Partial Reduction
Retention Basin, defined, 13.04.070
Restrict, defined, 13.04.070
Reversions to Acreage, 13.40
Review and Approval Authority, 13.04.060
Purpose, 13.40.010
Applicability, 13.40.020
Filing of Reversions to Acreage, 13.40.030
Form of Petition, 13.40.040
Application Materials, 13.40.050
Finding for Approval, 13.40.060
Conditions of Approval, 13.40.070
Effective Date of Reversion, 13.40.080
Appeals, 13.40.090
Right of Way, defined, 13.04.070
Size of Street Rights of Way, 13.24.060 I
Shall, defined, 13.04.070
Slope, defined, 13.04.070
Soils Analysis, 13.20.080
Specific Plan, defined, 13.04.070
Storm Runoff, defined, 13.04.070
Street, defined, 13.04.070
Street, Collector, defined, 13.04.070
Right of Way Width, 13.24.060 I
Street Improvements, Full -Width, defined, 13.04.070
Street, Local, defined, 13.04.070
Right of Way Width, 13.24.060 I
Street, Major Arterial, defined, 13.04.070
Right of Way Width, 13.24.060 I
Street, Primary Arterial, defined, 13.04.070
Right of Way Width, 13.24.060 I
Street, Private, defined, 13.04.070
Width, 13.24.070
Street, Secondary Arterial, defined, 13.04.070
Right of Way Width, 13.24.060 I
Subdivision, defined, 13.04.070
Ord 272
Subdivision Map Act, defined, 13.04.070
Tentative Map, defined, 13.04.070
Tentative Map Review and Distribution Procedures, 13.12.080
Environmental Review, 13.12.080 A
Distribution of Maps and Receipt of Comments, 13.12.080 B
Tentative Parcel Map, defined, 13.04.070
Tentative Subdivision Maps, 13.12
Review and Approval Authority, 13.04.060
Purpose, 13.12.010
Applicability, 13.12.020
Exemption from Preparing a Tentative Map, 13.12.030
Filing of Tentative Maps, 13.12.040
Application Materials, 13.12.050
Radius Map, 13.12.050 B
Mailing Labels, 13.12.050 C
Environmental Assessment Forms, 13.12.050 D
Filing Fees, 13.12.050 E
Preliminary Title Report, 13.12.050 G
Drainage Report, 13.12.050 H
Special Studies, 13.12.050 I
Historical, Paleonological and/or Archeological Study, 13.12.050 I,
1
Biological Study, 13.12.050 I, 2
Geological and/or Soils Study, 13.12.050 I, 3
Traffic Study, 13.12.050 I, 4
Tentative Map Contents, 13.12.060
Determining Number of Lots of Parcels, 13.12.070
Tentative Map Review and Distribution Procedures, 13.12.080
Environmental Review, 13.12.080 A
Distribution of Maps and Receipt of Comments, 13.12.080 B
Public Notice Procedures, 13.12.090
Public Notice, 13.12.090 A
Specific Hearing Notification, 13.12.090 B
Property Rights, 13.12.100
Special Studies, 13.12.110
Mandatory Findings of Approval, 13.12.120
Appeals, 13.12.130
Term of a Tentative Map, 13.12.140
Extensions of Time for Tentative Maps, 13.12.150
Automatic Extensions of Time, 13.12.150 A
Request by the Subdivider, 13.12.150 B
Filing of Final Maps/Off-site Improvements, 13.12.150 C
Development Agreements, Moratoriums, Lawsuits, etc., 13.12.150 D
Vesting Tentative Map, 13.16
Review and Approval Authority, 13.04.060
Defined, 13.04.070
Purpose, 13.16.010
Applicability, 13.16.020
Authority, 13.16.030
Conformance with Existing City Plans and Development Criteria, 13.16.040
Filing and Processing of Vesting Tentative Maps, 13.16.050
Application Materials, 13.16.060
Development Rights, 13.16.070
Mandatory Findings of Approval, 13.16.080
Term of a Vesting Map, 13.16.090