[1961 Code, § 19.1; Ord. 852]
This chapter is adopted to supplement and implement the “Subdivision Map Act,” Cal. Gov't Code § 66410 et seq. This chapter may be cited as the “Subdivision Ordinance of the City of Indio.”
[1961 Code, § 19.2; Ord. 852]
(A)
The purpose of this chapter and any rules, standards and specifications adopted pursuant hereto is to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, the form and content and procedures to be followed in securing official approval regarding such maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary or the public health, safety and general welfare, to promote orderly growth and development, and to promote open space, protection and proper use of land and to insure provision for adequate traffic circulation, utilities, stormwater protection and public services.
(B)
The regulations set forth in this chapter shall apply to all subdivisions or parts thereof within the city.
[1961 Code, § 19.3; Ord. 852]
(A)
To be approved, any map of a proposed division of land and the provisions for the design and improvement must be found by the Planning Commission and City Council, when applicable, to be consistent with the adopted general plan, any applicable specific plan, and the zoning regulations in the Unified Development Code.
(B)
The type and intensity of land use as shown on the general plan shall determine the types of streets, roads, highways, utilities, storm drain facilities, and public service that shall be provided by the developer.
[1961 Code, § 19.4; Ord. 852]
Whenever any words or phases as used in this chapter are not defined herein, the definitions contained in the Subdivision Map Act shall be deemed to apply.
Shall mean:
The City Council of the city unless otherwise noted.
Means:
Street alignments, grades and widths;
Drainage and sanitary facilities and utilities, including alignments and grades thereof;
Location and size of all required easements and rights-of-way;
Fire roads and fire breaks;
Lot size and configuration;
Traffic access;
Grading;
Land to be dedicated for park or recreational purposes;
Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan. (From the definition contain in the State Subdivision Map Act).
The general policies and development plan; including all adopted elements, in effect in the city.
Refers to such street work, storm drainage, utilities and landscaping 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 thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan or any adopted specific plan.
The standard details and specifications, and other standards that are adopted as supplemental to this chapter that govern the improvements to be constructed pursuant to this chapter and the Subdivision Map Act.
A minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created.
The joining of two or more contiguous parcels of land under one ownership into one parcel.
A street where right-of-way is contiguous to the exterior boundary of a subdivision.
That portion of an existing parcel which is not included as part of the subdivided land but must be shown on the required maps as part of the area surrounding subdivision development.
The state law governing the division of land contained in Cal. Gov't Code § 66410 et seq.
The Unified Development Code governing zones, as adopted pursuant to state law.
[1961 Code, § 19.5; Ord. 852]
(A)
The City Attorney shall be responsible for approving as to form all subdivision, improvement agreements, subdivision improvement securities, and covenants, conditions and restrictions required for a division of land.
(B)
The City Council shall have final jurisdiction over tentative maps, final maps and improvement agreements related thereto, acceptance by the city of lands and/or improvements as may be proposed for dedication to the city as a result of the subdivision process. The City Council shall act as the Appeal Board for hearing appeals of actions of the administrative staff or Planning Commission.
(C)
The City Engineer shall be responsible for:
(1)
Recommending design and construction details, standards and specifications for inclusion in the improvement standards and specifications.
(2)
Determining if proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act and for reporting the finding together with any recommendations for approval, or conditional approval, of the tentative map to the City Council for subdivisions.
(3)
The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, merger and certificates of compliance.
(4)
The inspection and approval of subdivision improvements.
(5)
The acceptance of dedications and improvements for subdivisions of four or less parcels.
(6)
The acceptance of private improvements (improvements not to be maintained by the city).
(7)
Certification to the City Council that all the findings can be made concerning notice requirements of the Cal. Gov't Code § 66427.1 governing conversion of residential real property into a condominium project.
(D)
The Director of Public Services shall be responsible for the management of the Public Works Engineering Division in carrying out the responsibilities of this chapter.
(E)
The Department of Planning and Development shall be responsible for:
(1)
Processing all parcel and tentative maps in compliance with this chapter and other related regulations such as, California Environmental Quality Act, the city's general plan, city's zoning regulations, floodplain management regulations, specific plans.
(2)
For developing administrative criteria for processing tentative maps, parcel maps, and approving lot line adjustments.
(F)
The Director of Community Development shall be responsible for:
(1)
The management of the Community Development in carrying out the responsibilities imposed upon it by this chapter.
(2)
The Director of Community Development, or an authorized deputy, shall certify that final maps and CC & R's are in conformance with approved tentative maps, parcel maps and conditions applied thereto.
(3)
Shall approve lot line adjustments.
(G)
The Planning Commission shall be responsible for:
[1961 Code, § 19.6; Ord. 852]
Where services are required of the city under this chapter or fees are required for improvements pursuant to § 156.045, the amount to be paid shall be prescribed by separate resolution of the City Council.
[1961 Code, § 19.7; Ord. 852]
Improvements required by this chapter shall also apply to lots that are not subject to further division but where a building permit is requested for a project that is not exempt, as defined as follows:
Exemptions. Additions to homes, garages and accessory buildings to dwellings, farm buildings on parcel over three acres. Such improvement shall be installed as a condition of a building permit and “improvement security” posted as provided herein prior to issuance of a building permit.
[1961 Code, § 19.8; Ord. 852]
The improvement standards and specifications shall be adopted by City Council resolution to control the design and improvement and specification of development of “off-sites” and activities and other matters related to “design” and “improvement,” in connection with land development. The improvement standards and specifications shall be a part of this chapter for all intents and purposes the same as if they were set forth herein verbatim.