The city council, by resolution, shall issue regulations to
control the design and improvement and specifications of subdivisions
and specific operating procedures for actions in connection with maps
and proposed subdivisions. Such regulations, when approved by the
city council, shall be and become part of this title for all intents
and purposes the same as if they were set forth in this title verbatim.
Such regulations may include standards for all matters relating to
design and improvement of subdivisions as defined in the Subdivision
Map Act.
(Ord. 1125 § 2, 1981)
No tentative, parcel or final map shall be considered accepted
for filing by the advisory agency for consideration under this title
and the Subdivision Map Act, unless the map shall have been first
subjected to and processed according to the requirements of the environmental
guidelines adopted and amended from time to time by the city. The
subdivider shall submit such applications and pay such fees as may
be required.
(Ord. 1125 § 2, 1981; Ord. 1410 § 9, 1992)
Time limits shall be as specified in the Subdivision Map Act.
(Ord. 1125 § 2, 1981)
The subdivider, owner, or applicant shall pay all fees for the
processing and approval of tentative maps, parcel maps, final maps,
lot line adjustments, mergers, and any other entitlement provided
under this title. The fees shall be in the amounts as established
by the city council by resolution.
(Ord. 1125 § 2, 1981; Ord. 1410 § 10, 1992; Ord. 1673 § 3, 2005)
The planning commission and/or city council may hold a public
hearing on matters pertaining to final maps and parcel maps. Such
hearings, and related proceedings, shall be conducted as described
in this title and the Subdivision Map Act.
(Ord. 1125 § 2, 1981; Ord. 1410 § 11, 1992)
Tentative maps, for all property divisions, shall be filed with
the director of planning services, and lot line adjustments and mergers
shall be filed with the city engineer. All applications shall be processed
in accordance with the Subdivision Map Act and the provisions of this
title. The director of planning services or the city engineer, as
the case may be, shall (1) prescribe the form of the applications
for the entitlements provided under this title, (2) prepare and provide
application forms, (3) prescribe the type of information to be provided
with the application by the subdivider, owner, or applicant, and (4)
prescribe the number of copies of any map that may be required.
(Ord. 1125 § 2, 1981; Ord. 1410 § 12, 1992; Ord. 1673 § 4, 2005)
The following shall be required for tentative maps submitted
to the city:
(1) Tract
or parcel map number as assigned by the county road department;
(2) Preliminary
title guarantee including legal description of the property;
(3) Date,
north point, scale, area and zoning;
(4) Location
map indicating the location of the proposed subdivision in relation
to the surrounding area;
(5) Name,
address and phone number, including area code of the record owner,
lessee, subdivider and the registered civil engineer or licensed surveyor
under whose direction the map was prepared, including the registration
number of the engineer or surveyor;
(6) The
existing topography of the land proposed to be divided with appropriate
cross-sections. Topography of adjacent land shall also be shown whenever
the surface features of such land affect the design and/or improvements
of the proposed division;
(7) Conceptual
tentative grading and drainage plan, indicating drainage problems
and possible solutions;
(8) The
approximate location and outline to scale of any existing building
or structure showing which is to be retained and which removed. Each
existing structure shown shall be identified by house number or other
identifying feature, including a notation on each building or structure
to be retained. Buildings or structures on adjacent property shall
also be shown along with pad elevations;
(9) All
existing public utilities, including but not limited to sewer and
irrigation lines, shall be plotted on the map. Reference shall be
made to method and areas of proposed utility locations;
(10) Approximate location or archaeological sites or historic structures,
and endangered or specimen vegetation;
(11) The location, width, approximate grade and curve radii of all streets
existing and adjacent to the proposed subdivisions;
(12) The approximate radius and arc length of each centerline curve;
(13) The approximate dimension, area, size and lot layout of each lot;
the number of each lot; the proposed areas for public use; and the
angle of intersecting streets or highways if such angle deviates from
a right angle by more than five degrees;
(14) Each street shown by its existing actual and/or proposed street name.
Street names or approval of proposed names shall be coordinated with
the planning department before submittal;
(15) A reduced copy, sized eight and one-half by eleven inches, shall
be submitted for processing.
(Ord. 1125 § 2, 1981; Ord. 1410 § 12A, 1992; Ord. 2031 § 21, 2020; Ord. 2088, 11/9/2023)
(a) The
Planning Commission shall make investigations, reports and recommendations
on the design and improvement of any proposed division of real property
for which a tentative map is required. The Planning Commission shall
have the authority to impose requirements and conditions upon such
tentative maps. The Planning Commission shall have the authority to
make necessary findings as required by this title and the Subdivision
Map Act for such reports.
(b) The
city engineer shall review and approve such final maps by affixing
his certificate if such maps substantially conform to the approved
or conditionally approved tentative map, the requirements of the city,
and the Subdivision Map Act as required for action by the city council.
(Ord. 1125 § 2, 1981; Ord. 1410 § 13, 1992; Ord. 2042 § 2, 2021)
Any person aggrieved by an action or decision by any administrative
agency or administrative officer pertaining to matters covered by
this title may appeal the action or decision to the city council in
the manner provided by Section 2.05 of this code.
(Ord. 1125 § 2, 1981; Ord. 1226 § 15, 1984)
An approved, or conditionally approved, tentative map shall
expire after its approval or conditional approval in the time and
in the manner prescribed by the Subdivision Map Act.
(Ord. 1125 § 2, 1981)
(a) The
approval or conditional approval of a tentative map shall expire twenty-four
months from the date the map was approved or conditionally approved
by the city council.
(b) The
person filing the tentative map may request a time extension of the
tentative map approval or conditional approval by written application
to the planning commission, such application to filed at least sixty
days before the approval or conditional approval is due to expire.
The application shall state the reasons for requesting the extension
and the amount of time requested. In granting an extension of time,
new conditions may be imposed and existing conditions may be revised
or amended.
(c) Any
extension(s) of tentative map approval or conditional approval shall
not exceed a total of 24 months.
(d) Modifications
of a tentative map after approval or conditional approval shall not
extend the time limits imposed by this section.
(e) The
planning commissions' recommendation shall be forwarded to the city
council for final action.
(f) The
expiration of the approved or conditionally 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 such tentative
map shall be filed without first processing a new tentative map pursuant
to this title.
(Ord. 1125 § 2, 1981; Ord. 1410 § 14, 1992; Ord. 1978 § 5, 2019)
(a) Transmittal.
The director of planning and zoning shall transmit copies of
any tentative maps to those agencies and utility companies which he
deems may be affected by the proposed subdivision.
(b) Flood
Hazard.
The director of planning and zoning shall request the appropriate
agency to provide a flood hazard report for each tentative map. The
developer shall pay to the appropriate agency all required fees for
this service.
(Ord. 1125 § 2, 1981; Ord. 1410 § 15, 1992)
The processing of the final map shall be as provided in the
Subdivision Map Act.
(Ord. 1125 § 2, 1981)
(a) Processing.
The processing of parcel maps shall be as provided in the Subdivision
Map Act.
(b) Failure
to File Parcel Map.
Any subdivision of the same land shall require the filing of
a new map.
(c) Filing
Maps With the County Recorder.
The filing of final or parcel maps with the county recorder
shall be as prescribed by the Subdivision Map Act.
(d) Duplicate
Final or Parcel Map.
Once the final or parcel map has been recorded by the county
recorder, the subdivider shall, at his own expense, cause to have
made duplicate copies of all sheets of the final or parcel map; and
one reduced copy (eight and one-half by eleven inch) of map sheet(s)
only. The regular sized copies shall consist of one copy each, of
the map and title sheets reproduced on polyester base film and one
copy each, of the map and title sheets reproduced on paper in blueline
reproduction. Both the film and paper reproduction copies shall be
delivered, in a flat or rolled condition (not folded), to the engineering
division of the public works department within thirty calendar days
from the date of recordation.
(Ord. 1125 § 2, 1981; Ord. 1410 § 16, 1992)
(a) Subject
to the procedures set forth in this section, a certificate of correction
may be issued for the purposes of modifying any final subdivision
map or parcel map recorded with the office of the county recorder.
Any certificate of correction may include a copy of an amending map.
(b) Any
application for the certificate of correction shall be filed with
director of planning and zoning. The application shall specifically
list all aspects of the recorded map which are proposed to be changed
by way of the certificate of correction. The application shall be
in such form and be accompanied by such information as the director
of planning and zoning may prescribe, and shall include all information
deemed necessary by the director of planning and zoning; and all information
required by the county recorder for recordation of the certificate
of correction.
(c) Upon
confirmation by the director of planning and zoning that the application
for the certificate of correction is complete, the director shall
determine:
(1) Whether the purpose of the correction is technical in nature to correct
any of the information contained in
Government Code Section 66469,
in which case the certificate shall be processed in accordance with
Government Code Sections 66469, et seq.; or
(2) Whether the purpose of the correction may affect a property right
and may require the modification of a condition of approval, in which
case a certificate of correction may be issued by the city council
if it meets the criteria in subsection (d) of this section; or
(3) Whether the correction will substantially affect the project, such
that the findings in subsection (d) of this section cannot be made,
in which case the director shall deny the application for a certificate
of correction. The applicant may apply for an amendment to the then
approved map.
(d) Where the director determines that a certificate of correction may be approved by the council pursuant to subsection
(c)(2) above, consideration of the issuance of the certificate of correction shall be scheduled for a public hearing before the city council. Notice of the hearing shall be provided in accordance with California
Government Code Sections 65090 and 65091, or as may be otherwise required under the Subdivision Map Act. No certificates of correction may be approved by the city council unless all of the following findings are made:
(1) Regarding the map or the property to which it pertains, there are
changes in circumstances which make any or all of the conditions imposed
upon the map no longer appropriate or necessary;
(2) The proposed modifications will not impose any additional burden
on the present fee owners of the property to which the map pertains;
(3) The proposed modifications will not alter any right, title, or interest
in the real property to which the map pertains; and
(4) The final map, as modified, conforms with the provisions of state
law and the Palm Springs Municipal Code for the approval of subdivision
or parcel maps.
(e) The
city engineer shall have twenty days from the date of approval of
any certificate of correction to review it for compliance with the
Subdivision Map Act, the Palm Springs Municipal Code, and any requirements
of the county recorder. If the city engineer determines changes are
necessary, the city engineer shall return the certificate to the applicant
along with a written statement of the changes necessary. The city
engineer shall have ten working days after resubmission of the certificate
of correction to present it to the county recorder for recordation.
(f) The
city council by resolution, shall set a reasonable fee to cover the
costs incurred in the processing and presentation of a certificate
of correction application, which fee shall be collected at the time
of the submission of the application. The fee shall include all costs
for providing notice of the public hearing on the certificate of correction.
After resubmission of the certificate of correction, the city engineer
shall again review it for compliance with the Subdivision Map Act,
the Palm Springs Municipal Code, and any requirements of the county
recorder. If in compliance, the city engineer shall forward a copy
of the certificate of correction to the city clerk, to permit filing
with the county recorder by the city clerk within ten working days
after resubmission.
(Ord. 1125 § 2, 1981; Ord. 1459 § 2, 1993)
An application for a waiver of a parcel map, pursuant to Section
9.62.015 shall be filed on forms and accompanied by such data and information as may be prescribed by the director of planning and zoning together with an approved description of the real property involved.
(Ord. 1241 § 6, 1985; Ord. 1410 § 17, 1992)
Copies of the application may be referred to other appropriate
city departments or other public or private agencies affected, together
with a request for a written recommendation to be returned to the
director of planning and zoning within fifteen working days. Failure
to submit such written recommendations may be deemed waiver of any
objections to the application.
(Ord. 1241 § 6, 1985; Ord. 1410 § 18, 1992)
The planning commission shall consider the application within
forty-five days after the filing of the application. The planning
commission may grant the application, provided that it finds that
the proposal complies with applicable requirements as to area, general
plan, improvements and design, floodwater drainage control, appropriate
improved public roads, sanitary disposal facilities, water supply
availability, environmental protection, and other requirements of
this title. The time limit for action may be extended by mutual consent
of the subdivider and the Director.
(b)
If a parcel map waiver approval is granted, a certificate of
compliance shall be filed with the county recorder, which certificate
shall describe the real properties involved, name the owners thereof,
and state that a parcel map waiver has been granted by action of the
planning commission, giving the date thereof.
(Ord. 1241 § 6, 1986; Ord. 1410 § 19, 1992; Ord. 2031 § 22, 2020)
The director is delegated the authority for the issuance of
certificates of compliance pursuant to the provisions of Section 66499.35
of the Subdivision Map Act and this chapter.
(Ord. 1241 § 6, 1985; Ord. 1410 § 21, 1992; Ord. 2031 § 23, 2020; Ord. 2088, 11/9/2023)
Any person owning real property may request the issuance of
a certificate of compliance stating that such real property (or any
division thereof) complies with the provisions of the Subdivision
Map Act and of local ordinances enacted pursuant thereto. Such request
shall be filed with the Director upon such forms and accompanied by
such information as may be prescribed by the Director.
(Ord. 1241 § 6, 1985; Ord. 1410 § 22, 1992; Ord. 2031 § 24, 2020)
Within thirty days after filing of a request by a property owner
for the issuance of a certificate of compliance, unless such time
is extended by agreement with the property owner, the planning commission
shall determine whether or not such real property or the division
thereof complies with the provisions of the Subdivision Map Act and
of local ordinances enacted pursuant thereto, applicable to the property
at the time of the division thereof.
(Ord. 1241 § 6, 1985)
Upon making a determination of such compliance, the director
shall cause a certificate of compliance to be filed for record with
the recorder of Riverside County. The certificate of compliance shall
identify the real property and shall state that the division thereof
complies with applicable provisions of the Subdivision Map Act and
of local ordinances enacted pursuant thereto. To cover the cost of
issuing and recording the certificate of compliance or a conditional
certificate of compliance, a fee as established by resolution of the
city council shall be imposed.
(Ord. 1241 § 6, 1985)
If the planning commission determines that such real property
does not comply with the provisions of the Subdivision Map Act or
of local ordinances enacted pursuant thereto, applicable to the property
at the time of the division, the planning commission may, as a condition
of granting a certificate of compliance, impose any of the conditions
permitted under Section 66499.34 of the Subdivision Map Act and issue
a conditional certificate of compliance in lieu of the certificate
of compliance. The conditional certificate of compliance shall be
substantially in the form of a conditional certificate on file in
the office of the director. Such conditions may be fulfilled and implemented
by the property owner who has applied for a certificate of compliance
or by a grantee of such property owner. If such conditions are not
fulfilled and implemented by the applicant, property owner or the
grantee, the conditional certificate of compliance shall have no force
or effect upon any subsequent transfer of the property and any subsequent
transferee or assignee shall make a new application for a certificate
of compliance pursuant to this chapter. The commission may impose
such conditions as would have been applicable at the time such assignee
or transferee acquired the property. Where a certificate of compliance
is granted subject to conditions, the applicant may request the recordation
of a conditional certificate of compliance in which case a final certificate
of compliance shall be recorded when all conditions have been fulfilled
and implemented as determined by the commission.
(Ord. 1241 § 6, 1985)
A recorded final subdivision map or parcel map shall constitute
a certificate of compliance with respect to the parcels of real property
described therein except that if certain conditions required by the
planning commission at the time of the division of the land have not
been met, then the director of community development may require that
those conditions be noted on the face of the subdivision or parcel
map or a note referencing the conditions imposed by the planning commission
will be placed on the maps.
(Ord. 1241 § 6, 1985)
When there has been compliance with the conditions noted on
the parcel map or subdivision map, the owner of the property may request
that a certificate of compliance be issued and filed for record. To
cover the cost of issuing and recording the certificate of compliance,
a fee established by resolution of the city council shall be imposed
by city.
(Ord. 1241 § 6, 1985)
Upon request of the owner of the property, a certificate of
compliance may be issued and filed for record for any real property
for which an application for waiver of the requirement of a parcel
map has been approved under this chapter.
(Ord. 1241 § 6, 1985)