This Title is adopted to supplement and implement the provisions
of Government Code Sections §§ 66410 et seq., hereinafter
referred to as the Subdivision Map Act, and may be cited as the "Subdivision
Ordinance of the City of Indian Wells." The regulations contained
in this Title shall apply to all subdivisions made, entirely or partially,
within the incorporated territory of the City.
(Ord. 249 § 3, 1989)
The Planning Director shall formulate such rules, procedures
and interpretations as may be necessary or convenient to administer
this Title. Such rules, procedures and interpretations shall be referred
to as the "City of Indian Wells Subdivision Manual" or
the "Subdivision Manual." The Subdivision Manual shall
be submitted to the City Council for adoption. Copies of the current
Subdivision Manual shall be on file in the Office of the City Clerk
and be made available to the public at a cost sufficient to pay for
printing.
(Ord. 249 § 3, 1989)
(a)
Advisory Agencies. Advisory agencies are hereby authorized (i) to
approve, conditionally approve or disapprove tentative maps of subdivisions
prepared, filed and considered by them according to the provisions
of this Title and the Subdivision Map Act; and (ii) to prescribe the
kinds, nature and extent of improvements required to be installed
in subdivisions; and to report directly to the subdivider or owner
the action taken, subject to the right of appeal to the City Council
as set forth in Section 20.04.090.
The Planning Commission is hereby designated as an advisory
agency, as that term is used in the Subdivision Map Act, and is charged
with the duty of making investigations and reports on the design and
improvement of proposed subdivisions.
(b)
Functions and Responsibilities of City Employees and Officials. Officials
and employees of the City shall have the following functions and responsibilities
in connection with carrying out the purposes of this Title:
(1)
City Engineer. The City Engineer shall (i) review and make recommendations
to the Planning Commission to approve or disapprove final tract maps
and final parcel maps; (ii) review and make recommendations to the
City Council to approve or disapprove certificates of compliance;
(iii) review and make recommendations to the City Council to approve
or disapprove mergers; (iv) accept or reject dedications and offers
of dedication made by certificate on parcel maps; and (v) establish
the amounts of performance bonds, instruments of credit, cash bonds
or other security arrangements, when and as required by this Title.
(c)
Planning Commission. The Planning Commission shall: (i) review and
make recommendations to the City Council to approve, conditionally
approve or disapprove tentative tract and parcel maps; (ii) recommend
to the City Council the kinds, nature and extent of the improvements
required to be installed in subdivisions; (iii) review and make recommendations
to the City Council to approve, conditionally approve or disapprove
petitions for reversion to acreage; (iv) review and make recommendations
to the City Council to approve or disapprove final maps; and (v) review
and make recommendations to the City Council to approve or disapprove
conditional certificates of compliance.
(d)
City Council. The City Council shall: (i) review and approve, conditionally
approve or disapprove petitions for reversion to acreage; (ii) review
and approve, conditionally approve or disapprove tentative tract and
parcel maps; (iii) review and approve, conditionally approve or disapprove
the kinds, nature and extent of improvements required to be installed
in subdivisions; (iv) review and approve or disapprove final maps;
(v) review and approve or disapprove mergers; (vi) review and approve
or disapprove appeals from actions of the City Engineer and Planning
Commission; and (vii) review and approve or disapprove conditional
certificates of compliance.
(Ord. 249 § 3, 1989)
(a)
Costs Incurred by the City. Funds sufficient to cover costs incurred
by the City in processing maps, plans and requests filed pursuant
to the provisions of the Subdivision Map Act and this Title shall
be paid to the City in compliance with the fees and deposits established
by resolution of the Council.
(b)
No Acceptance Until Fees Have Been Paid. No final map shall be accepted
by the City for filing until all fees required have been paid.
(Ord. 249 § 3, 1989)
Whenever the land involved in a subdivision is a size or shape,
or is subject to title limitations of record, or is affected by topographical
location or condition, or is to be devoted to a use, or is subject
to regulation by the zoning regulations, such that it is impractical
in the particular case to conform to the strict application of the
requirements of this Title, the advisory agencies and the City Council
may make such modifications with respect to the application of this
Title as are reasonably necessary or expedient, provided that a finding
is made that the modification is in conformity with the spirit and
intent of the Subdivision Map Act and of this Title.
(Ord. 249 § 3, 1989)
Whenever reference is made to any portion of this Title or other
ordinance or statute, such reference shall also apply to all amendments
and additions now or hereafter made.
(Ord. 249 § 3, 1989)
Whenever a public hearing is held pursuant to this Title, notice
of time and place thereof, including a general description of the
location of the proposed subdivision, shall be given at least ten
(10) days before the hearing in accordance with the provisions of
the Subdivision Map Act and notice shall be posted as directed by
City Council. The subdivider shall be responsible for reimbursing
the City for expenses incurred under this provision.
(Ord. 249 § 3, 1989)
A subdivider, a member of the City Council or any interested person adversely affected by an action of the City Engineer or the Planning Commission under this Title may appeal the action in question to the City Council. The appeal shall be filed in writing with the City Clerk within ten (10) days after the action. The Council shall hold a hearing on the appeal within thirty (30) days after the date of filing the appeal or at the next regular Council meeting, whichever is earlier. Notice of the hearing on the appeal shall be given in accordance with the provisions of Section 20.04.070.
(Ord. 249 § 3, 1989; Ord. 463 § 8, 1999)
