A. The
purpose of the subdivision requirements of this Zoning Ordinance is
to promote the public health, safety, general welfare and preserve
the aesthetic quality of the City through the regulation and control
of the division of land, and to supplement the provisions of the Subdivision
Map Act (Map Act) relating to design, improvement, and survey data
of subdivisions, in addition to the form and content of all maps provided
for by the Map Act, and the procedure to be followed in securing the
official approval of the City regarding the maps. To achieve this
purpose, the regulations contained in this Zoning Ordinance are determined
to be necessary to promote orderly growth and development, open space,
conservation, protection and proper use of land; and to ensure adequate
provision for traffic circulation, utilities, and other services in
the City.
B. It
is the intent of this Zoning Ordinance to incorporate by reference,
to the maximum extent feasible, the provisions of the Map Act, consistent
with Section 66411 of the
Government Code, as may be amended from
time to time.
(Prior code § 159.66.010)
The subdivision regulations shall apply to all or part of any
subdivision within the City, and to the preparation of any subdivision
maps or other maps required by the Map Act.
(Prior code § 159.66.020)
This Zoning Ordinance shall be inapplicable to those exclusions
provided in the Map Act, Section 66412 of the
Government Code.
(Prior code § 159.66.030)
Any subdivision subject to annexation to the City shall comply
with the Map Act, Section 66413 of the
Government Code.
(Prior code § 159.66.040)
All persons submitting applications for maps or other approvals required by this Zoning Ordinance shall pay, at time of application, all fees and/or deposits as contained in the City’s fees for planning services, pursuant to Chapter
17.68 (Applications and Fees).
(Prior code § 159.66.050)
In addition to those terms defined below, and specific terms
defined in other chapters of this Zoning Ordinance, this chapter shall
incorporate by reference those terms defined in the Subdivision Map
Act, Section 66414 et seq. (Article 2. Definitions) of the Government
Code.
“Acreage”
means any parcel of land, of 1 acre or more and those areas
where a legal subdivision has not been made previously, or where a
legal subdivision has declared the parcel as acreage.
“Boundary adjustment”
means a minor shift or rotation of an existing lot line where
no additional parcels are created, nor deleted, as approved by the
City Engineer.
“City Engineer”
means the City Engineer of the City of Desert Hot Springs,
hereinafter referred to as “City Engineer.”
“Conversion”
means the creation of separate ownership of existing real
property together with a separate interest in space of residential
or commercial buildings.
“Environmental Impact Report (EIR)”
means a detailed document prepared under the California Environmental
Quality Act (CEQA), State
Public Resources Code Sections 21000 et
seq., describing and analyzing the significant environmental effects
of a project and discussing methods to mitigate or avoid said effects.
“Final map”
means a map showing a subdivision for which a tentative and
final map is required under the Subdivision Map Act, Section 66426
of the
Government Code, prepared in compliance with the provisions
of this Zoning Ordinance and the Subdivision Map Act and designed
to be recorded in the office of the County Recorder.
“Improvement standard”
means a specified requirement imposed by this Zoning Ordinance
relating to the installation, modification or removal by the subdivider
of a street, sidewalk, utility, well, tree, storm drain or other facility
as necessary for the general use by the lot owners of the subdivision
and local neighborhood.
“Merger”
means the joining of 2 or more contiguous parcels of land
under 1 ownership into 1 parcel.
“Negative declaration”
means a detailed statement prepared under the California
Environmental Quality Act (CEQA), pursuant to
Public Resources Code
21000 et seq., documenting that a project will not result in any significant
environmental effects.
“Parcel map”
means a map showing a subdivision for which a parcel map
is required under Subdivision Map Act Section 66426, subdivision (a),
(b), (c) or (d) and other subdivisions for which a final map is not
required under the Subdivision Map Act prepared in compliance with
the provisions of this Zoning Ordinance and the Subdivision Map Act
designed to be recorded in the office of the County Recorder.
“Remainder”
means that portion of an existing parcel which is not included
as part of the proposed subdivision. The remainder is not considered
as part of the subdivision but must be shown as “remainder parcel”
on the required maps as part of the area surrounding subdivision development.
(Prior code § 159.66.060)
Tentative and final tract maps shall be required for all subdivisions
creating 5 or more parcels, pursuant to Map Act Section 66426.
(Prior code § 159.66.070)
A. A tentative
and final parcel map shall be required for all divisions of land creating
4 or fewer parcels, as well as those divisions contained in Map Act
Section 66426.
B. A tentative
and final parcel map shall not be required for those divisions outlined
in Map Act Section 66428, nor for lot line adjustments contained in
Map Act Section 66412(d).
(Prior code § 159.66.080)
A. The
City Engineer may, at the City Engineer’s discretion, waive
parcel map requirements for the following:
1. Division
of real property or interest therein created by probate, eminent domain
procedures, partition, or other civil judgments or decrees; or
2. A
division of property resulting from the conveyance of land or interest
to or from the City, public entity or public utility for a public
purpose, such as school sites, public building sites, or rights-of-way,
or easements for streets, sewers, utilities, drainage, etc.
B. Pursuant
to Map Act Section 66428, the Commission may waive a parcel map upon
making a finding that the proposed division of land complies with
City requirements as to area, improvement and design, floodwater drainage
control, appropriate improved public roads, sanitary disposal facilities,
water supply availability, environmental protection and other requirements
of the Map Act, and the municipal code.
C. Upon
waiver of the parcel map requirement by the Commission, the City Engineer
shall cause to be filed with the County Recorder a Certificate of
Compliance for the land to be divided and a plot map showing the division.
D. A parcel
map waived by the Commission may be conditioned to provide for payment
of parkland dedication, area of benefit fees, and other fees.
(Prior code § 159.66.090)
A. The
content and form, submittal and approval of tentative maps shall be
governed by the provisions of this chapter.
B. An
application for approval of a tentative map pursuant to this chapter
shall not be accepted for filing until the subdivision has been determined
by the Department to be consistent with the General Plan, applicable
specific plans and this Zoning Ordinance. Additionally, all required
discretionary City approvals shall have been previously obtained or
applications for same shall be filed concurrently with the tentative
map.
(Prior code § 159.66.100)
The tentative map shall be prepared in a manner acceptable to
the Department and shall be prepared by a registered civil engineer
or licensed land surveyor. The tentative map shall be clearly and
legibly drawn and shall contain, but not be limited to, the following:
A. A title
which shall contain the subdivision number, and type of subdivision.
B. Name
and address of legal owner, subdivider and person preparing the map,
including registration or license number.
C. Sufficient
legal description to define the boundary of the proposed subdivision.
D. The
names and numbers of adjacent subdivisions and names of owners of
adjacent unplotted land.
E. Date,
north arrow, scale, contour interval, and source and date of existing
contours.
F. A statement
of present land use designation(s) and of existing and proposed uses
of the property.
G. A vicinity
map showing roads, adjoining subdivisions, cities, washes, railroads
and other data sufficient to locate the proposed subdivision and show
its relation to the community.
H. List
the applicable agencies that provide service to the proposed subdivision
(i.e., school district[s], gas, electric, water and sewer, telephone,
cable TV, etc.).
I. Existing
topography of the proposed subdivision-site and at least 100 feet
beyond its boundary, including, but not limited to:
1. Existing
contours at 1-foot intervals if the existing ground slope is less
than 15% and at not less than 5-foot intervals for existing ground
slopes equal to or greater than 15%. Contour intervals shall not be
spread more than 150 feet apart. Existing contours shall be represented
by dashed lines or by screened lines.
2. Type,
circumference and dripline of existing trees with a trunk diameter
of 4 inches or more. Any trees proposed to be removed shall be so
indicated.
3. The
location and outline of existing structures identified by type. Structures
to be removed shall be so marked.
4. The
approximate location of all areas subject to inundation or stormwater
overflow; the location, width, and direction of flow of each watercourse;
and the flood zone designation as indicated on the Flood Insurance
Rate Map (“FIRM”).
5. The
location, pavement and right-of-way width, grade and name of all existing
and proposed public or private streets or highways.
6. The
widths, location and identity of all existing easements.
7. The
location and size of existing wells, septic tanks, sanitary sewers,
fire hydrants, water mains and storm drains. The approximate slope
of existing sewers and storm drains shall be indicated. The location
of existing overhead utility lines on site or on peripheral streets
shall be indicated.
J. Proposed
on-site and off-site improvements to be illustrated shall include,
but not be limited to:
1. The
location, grade, centerline radius and arc length of curves, pavement,
right-of-way width and name of all streets. Typical sections of all
streets shall be shown. Proposed private streets shall be clearly
indicated.
2. The
location and radius of all curb returns and cul-de-sacs.
3. The
location, width and purpose of all easements.
4. The
angle of intersecting streets if the angle deviates from a right angle
by more than 2 degrees.
5. The
proposed lot layout and the approximate dimensions of each lot and
each building site. Engineering data shall show the proposed finished
grading of each lot, the preliminary design of all grading, numeric
estimate of grading activity relating to excavation and fill, the
elevation of proposed building pads, the top and the toe of cut and
fill slopes to scale, the number of each lot, and the elevation of
adjacent parcels.
6. Proposed
contours at 1-foot intervals shall be shown if the existing ground
slope is less than 15% and not at less than 5-foot intervals for existing
ground slopes of 15% or more. A separate grading plan may be required
to be submitted.
7. Proposed
recreation sites, bike paths, trails and parks for private or public
use, which shall be indicated as lettered lots.
8. Proposed
common areas and areas to be dedicated to public open space, shall
be indicated as lettered lots.
9. The
location and size of proposed and existing sanitary sewers, fire hydrants,
water mains and storm drains. Proposed slopes and approximate elevations
of sanitary sewers and storm drains shall be indicated.
10. Any proposed locations and sizes of stormwater runoff retention basins.
11. Subdivision improvements outside of the boundary including right-of-way,
roadway and/or intersection improvements, topography, and proposed
work.
K. The
name or names, State license number, address and telephone number,
of any geologist and/or soils engineer whose services were required
in the preparation of the tentative map.
L. The
size of sheets shall be as required by the City Engineer. A marginal
line shall be drawn completely around each sheet, leaving an entirely
blank margin of 1 inch. The scale of the map shall be an engineering
scale and of a size necessary to show all details clearly. All printing
or lettering on the map shall be of 1/8 inch minimum height and of
a shape and weight as to be readily legible on prints and other reproductions
made from the original drawings.
M. If
the subdivider plans to develop the site in units or phases, the proposed
units or phases and their proposed sequence of construction shall
be shown.
N. Upon
the written request of the subdivider, the Department may waive any
of the above tentative map content requirements if the Department
determines that the type of subdivision does not justify compliance
with these requirements, or if the Department determines that other
circumstances justify a waiver. The Department may require other drawings,
data, or information as deemed necessary to accomplish the purposes
of the Subdivision Map Act and this Zoning Ordinance.
O. Names
of all streets as approved by the Fire Department and the Department
of Public Works and/or City Engineer.
(Prior code § 159.66.110)
The tentative map shall be accompanied by the following data
and reports:
A. Street
Identification. Proposed streets shall be alphabetically labeled.
B. Soils
Report.
1. If
a preliminary soils report is required, it shall be prepared by a
civil engineer registered in this State and based upon adequate test
borings, and shall be submitted to the Department for every subdivision.
2. A
preliminary soils report may be required by the City Engineer.
3. If
the City has knowledge of, or the preliminary soils report indicates,
the presence of critically expansive soils, liquefaction, or other
soil problems which, if not corrected, would lead to structural defects,
a soils investigation of each lot in the subdivision may be required
by the Department. This soils investigation shall be done by a civil
engineer registered in this State, who shall recommend the corrective
action which will prevent structural damage to each structure proposed
to be constructed in the area where the soil problems exist.
4. The
Commission may approve, upon recommendation of the City Engineer,
the subdivision, or portion thereof, where a soils problem exists
if it determines that the recommended action will prevent structural
damage to each structure to be constructed, and a condition to the
issuance of any building permit shall require that the approved recommended
action will be incorporated into the construction of each structure.
C. Title
Report. A preliminary title report, acceptable to the Department,
showing the legal owners at the time of filing the tentative map,
and dated within 90 days of the application being deemed complete.
D. Environmental
Review. Information shall be submitted, as required by the Department,
to allow a determination on environmental review to be made in compliance
with CEQA. The various time limits contained in this Zoning Ordinance
for taking action on tentative maps shall not commence until the subdivision
application is deemed complete for processing, pursuant to Public
Resources Code 21151.5 and Map Act Sections 66452.1 and 66452.2. The
subdivider shall deposit and pay all fees as may be required for the
preparation and processing of environmental review documents.
E. Preliminary
Engineering Calculations. Information shall be submitted as required
by the standard engineering specifications to demonstrate the adequacy
of the design of the proposed improvements. This information shall
include design parameters and engineering calculations, and be in
conformance with the policies and procedures of Public Works.
F. Phasing.
If the subdivider plans to file multiple final maps on the tentative
map, a written notice to this effect shall be filed with the Department.
Phase lines shall be shown on the map(s).
G. Solar
Access. Any plans and information relating to solar access may be
required to be submitted at the time of the tentative map submittal
pursuant to the provisions of this Zoning Ordinance.
H. Other
Reports. Any other data or reports deemed necessary by the Department,
or City Engineer.
(Prior code § 159.66.120)
A. A prospective subdivider, or agent, may request a pre-application conference with the Department prior to formal submittal of a subdivision application, pursuant to Section
17.64.030. During the conference, the Department representative(s) shall inform the subdivider of applicable policies, plans, and requirements as they apply to the proposed subdivision, review the appropriate procedures outlined in this Zoning Ordinance and examine possible alternatives or modifications relating to the proposed subdivision.
B. The tentative map application shall be filed with the Department. The application shall be determined by the Department to be complete only when the content and form of the tentative map conform to the requirements of Section
16.24.110 and whe
n all accompanying data and reports, as required by Section
16.24.120, and all fees and/or deposits as required by Section
16.24.050, have been submitted and accepted by the Department. The subdivider shall file, with the Department, the number of tentative maps the Department deems necessary. The Department shall forward copies of the tentative map to the affected public agencies and utilities which may, in turn, forward to the Department their findings and recommendations.
C. Within
10 days of the filing of a tentative map application, the Department
shall send a notice of the filing of the application to the governing
board of any elementary, high school or unified school district within
the boundaries of which the subdivision is proposed to be located,
as outlined in Map Act Section 66455.7.
(Prior code § 159.66.130)
Any applicable time limits for acting on the tentative map application
may be extended by mutual written consent of the subdivider and the
City, as outlined in Map Act Section 66451.1. A waiver of application
time limits may be required to permit concurrent processing of related
project requests.
(Prior code § 159.66.140)
A. Notice of Public Hearings. Upon receipt of a complete tentative map application, the Department shall prepare a report with recommendations after environmental review by the Director. The Department shall set the matter for public hearing before the Commission, pursuant to Chapter
17.104. A copy of the Department report shall be mailed to the subdivider at least 3 days prior to the public hearing at the address designated on the application.
B. Action.
The Commission shall approve, conditionally approve or deny the tentative
map within 50 days after the tentative map application has been determined
by the Department to be complete, and report the decision to the subdivider.
If an environmental impact report is prepared, the decision by the
Commission shall be made 45 days after certification of the report.
C. Determination.
The tentative map may be approved or conditionally approved by the
Commission if it finds that the proposed subdivision, together with
the provisions for its design and improvements, are consistent with
the General Plan, and applicable specific plan, and all applicable
provisions of the municipal code. The Commission may require, as a
condition of its approval, that the payment by the subdivider of all
development fees, required to be paid at the time of the application
for, or issuance of, a building permit or other similar permit, shall
be made at the rate for applicable fees in effect at the time of said
application or issuance of a building or similar permit.
D. The
tentative map may be denied by the Commission on any of the grounds
contained in the Map Act, General Plan or the municipal code. The
Commission shall deny the tentative map if it makes any of the following
mandatory findings contained in Map Act Section 66474:
1. That
the proposed map is not consistent with applicable general and specific
plans as specified in Section 65451;
2. That
the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans;
3. That
the site is not physically suitable for the type of development:
4. That
the site is not physically suitable for the proposed density of development;
5. That
the design of the subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
6. That
the design of the subdivision or type of improvements is likely to
cause serious public health problems;
7. That
the design of the subdivision or the type of improvements will conflict
with easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision.
(Prior code § 159.66.150)
A. The approval or conditional approval of a tentative map shall expire 24 months following approval by the Commission. However, the map may be extended if the subdivider has complied with Map Act Section 66452.6 (a) and (e). An extension to the expiration date may also be approved pursuant to Section
16.24.170.
B. The period of time outlined in subsection
A of this section shall not include any period of time during which a lawsuit has been filed, whether or not first appealed to the City Council, and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the Commission. After service of the initial petition or complaint upon the City, the subdivider shall, in writing, to the Director, request a stay in the time period of the tentative map. Within 40 days after receiving the request, the Commission shall either stay the time period for up to 5 years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the Commission shall render its decision.
C. The period of time outlined in subsection
A of this section shall not include any period of time during which a development moratorium is in effect pursuant to Map Act Section 66452.6.
D. Expiration
of an 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 the tentative map shall be filed
without first processing a new tentative map. The final map or parcel
map documents submitted for filing must be accepted as adequate for
approval by City Council by the City Engineer prior to the expiration
date.
(Prior code § 159.66.160)
A. Request
by Subdivider. The subdivider may request an extension of the expiration
date of the approved or conditionally approved tentative map by written
application to the Department. The application and appropriate fees
shall be filed not less than 30 days before the map is to expire and
shall state the reasons for requesting the extension. The subdivider
shall be solely responsible for filing the application.
B. Commission
Action. The Department shall review the request and submit the application
for the extension, together with a report to the Commission for approval,
conditional approval, or denial at the next regularly scheduled Commission
meeting. A copy of the Department’s report and recommendation
shall be forwarded to the subdivider prior to the meeting on the extension.
In approving, conditionally approving, or denying the request for
extension, the Commission shall make findings supporting its decision.
The subdivider shall pay any increase in unpaid applicable development
fees which have occurred since the date of the approval or conditional
approval of the tentative map.
C. Conditions
of Approval. In granting an extension, new conditions or exaction
may be imposed and existing conditions may be revised.
D. Time
Limit of Extensions. The time at which the tentative map expires may
be extended by the Commission for a period not exceeding a total of
3 years.
(Prior code § 159.66.170)
A. Minor
amendments to the approved tentative map or conditions of approval
may be granted by the Department upon application by the subdivider
or on the Department’s own initiative, provided:
1. No
lots, units, or building sites are added;
2. Changes
are consistent with the intent of the original tentative map approval;
and
3. There
are no resulting violations of the Map Act, or this Zoning Ordinance.
B. The
amendment shall be indicated on the approved or conditionally approved
tentative map and certified by the Director. Amendments to the tentative
map conditions of approval which, in the opinion of the Department,
are not minor, shall be presented to the Commission for its approval.
Processing shall comply with the provisions for processing a tentative
map as contained in this Zoning Ordinance. Any approved amendment
shall not alter the expiration date of the tentative map.
(Prior code § 159.66.180)