Chapter 20.28

PARCEL MAPS: REQUIREMENTS AND PROCEDURES

• (a) Requirements and Exceptions. A tentative and final parcel map shall be filed and recorded for any subdivision subject to the Subdivision Map Act for which a tentative and final tract map is not otherwise required, except as provided in paragraph (b) below and except for subdivisions of four (4) parcels or fewer for construction of removable commercial buildings having a floor area of less than one hundred square feet (100').

• (b) Waiver of Requirement. The requirement for filing and recording a parcel map may be waived, provided that the Planning Director and City engineer find the proposed division of land meets all requirements of the Subdivision Map Act and this Title as to characteristics including but not limited to: (1) area; (2) improvement and design; (3) floodwater drainage control; (4) appropriate improved public roads; (5) sanitary disposal facilities; (6) water supply availability; and (7) environmental protection; and further provided that the Planning Director determines that a parcel map is not otherwise required by the Subdivision Map Act.

• (c) Approval or Conditional Approval by the Planning Commission. The requirements of Section 20.16.070 shall apply to the review of parcel maps of four (4) or fewer parcels. Upon approval or conditional approval of the parcel map, the Clerk of the Planning Commission shall forward the approval or approval with conditions to the City Council for review and approval through the following process.

The item shall be placed on the City Council's Consent Calendar. Any City Council Member or any interested person may remove the item from the Consent Calendar and request that the item be scheduled for a public hearing before the City Council. If the item is removed from the Consent Calendar, the City Council shall hold at least one (1) public hearing and the requirements of Section 20.16.080 shall apply. If the item remains on the Consent Calendar, the item shall be deemed approved when the Consent Calendar containing that item is approved. If the Planning Commission denies the subject parcel map, or imposes a condition of approval with which the applicant disagrees, the applicant may appeal the denial, or the conditional approval, to the City Council in accordance with the requirements of Section 20.40.90. Nothing herein shall prevent the Planning Commission from requesting that the City Council hold a public hearing on a parcel map of four (4) or fewer parcels.

(249 § 3, 1989; Ord. § 4, 1992; Ord. 296)

Parcel maps shall be based on a field survey in conformity with the Professional Land Surveyors Act unless such requirement is waived by the Engineer. (Ord. 249 § 3, 1989)

If dedications or offers of dedication are required, they shall be made by certificate on the parcel map, unless use of a separate instrument for such dedication is approved by the Engineer. (Ord. 249 § 3, 1989)

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City of Indian Wells, CA § 20.28.040

INDIAN WELLS CODE

§ 20.28.050

In conjunction with approval of final parcel maps, the Engineer shall have the authority to accept or reject dedications and offers of dedication that are made by certificate on such map. The City Clerk shall transmit approved parcel maps directly to the County Recorder.

After recordation of the final parcel map, the subdivider shall forward two (2) copies of thirtyfive millimeter aperture cards and one blue line print of the recorded parcel map to the Engineer. (Ord. 249 § 3, 1989)

In accordance with the provisions of the Subdivision Map Act, the City Council may require improvements for parcel maps and remainder parcels. The timing for construction of such improvements may be determined pursuant to an agreement between the subdivider and the City Council.

(Ord. 249 § 3, 1989)

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.32.010

§ 20.32.050

CHAPTER 20.32 REVISIONS TO SUBDIVISION MAPS

As a condition of approval of a tentative map, the City Council may require the subdivider to dedicate or make an irrevocable offer to dedicate to the public, the City or other such public agency as may be appropriate, all real property required for public use or benefit, including but not limited to the following: (a) local streets and arterial highways; (b) alleys; (c) trails, paths and pedestrian ways; (d) rights-of-way for drainage and erosion-control facilities; (e)flood-control facilities; (f) parks; (g) open space; (h) easements for landscaping maintenance; (i) public utility easements; and (j) other public easements.

(Ord. 249 § 3, 1989)

The City Council may require that the items listed in Section 20.36.010 be deeded for private use or benefit to a homeowners' association or other responsible body. (Ord. 249 § 3, 1989)

• (a) Defined. For the purpose of this Section, "vehicular access rights" means the right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.

• (b) Release and Relinquishment of Direct Vehicular Access Rights. The City Council may impose a requirement that any dedication or offer of dedication of a street shall include a release and relinquishment of direct vehicular access rights to or from such street from any property shown on a subdivision map as abutting thereon, and that, if the dedication is accepted, such release and relinquishment shall become effective in accordance with the provisions of the Subdivision Map Act relating to such release and relinquishment of direct access.

• (Ord. 249 § 3, 1989)

• (a) Requirements.

  • (1) As a condition of approval of a tentative map, the subdivider shall dedicate land and/ or pay a fee for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision. This requirement shall apply to all subdivisions except those exempted by Government Code Section 66477.

  • (2) If the proposed subdivision contains fifty (50) parcels or fewer, the subdivider shall not be required to dedicate any land for park and recreational purposes without his consent, but shall pay a fee in accordance with this Section.

• (b) Terms Defined. The following definitions shall govern the meaning of words in this Section unless, from the context in which the word is used, a different meaning is clearly intended.

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City of Indian Wells, CA § 20.36.040

INDIAN WELLS CODE

§ 20.36.040

Fair Market Value. The value of property as determined by the City Council based upon an or she appraisal by a qualified appraiser. In the event the applicant disagrees with this determination, he or she may select a qualified appraiser who, together with the original appraiser, shall select a third qualified appraiser. The three appraisers so selected shall conduct a fair market value analysis of the property and their determination shall be binding upon the City and the applicant for the purposes of this Section. All costs of appraisal shall be paid by the applicant prior to the recordation of any final map or the issuance of any building permit.

Improvements.

• (1) Minimum Improvements. Public improvements as are deemed necessary by the City to develop land for park and recreation facilities. Such improvements may include but not be limited to grading, automatic irrigation systems, adequate drainage, lawn, shrubs, trees, concrete walkways and walkway lighting.

• (2) Extraordinary Improvements. Park and recreation improvements over and above those minimum improvements described in sub-paragraph (i). Such improvements may include but not be limited to playground equipment, picnic facilities, community centers, sports fields, swimming pools and tennis courts.

Park. A parcel or contiguous parcels of land owned, operated and maintained by a public agency or private entity and which provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the City.

• (c) Park Dedication Standards. All standards for park dedication shall comply with the standards set forth in Government Code Section 66477 of the Subdivision Map Act and General Plan, parks and recreation element.

The developer of any residential subdivision shall dedicate park land and/or pay fees in lieu thereof, at the rate of five acres per one thousand population, apportioned as follows:

• 3 acres - Public parks (owned and maintained by the City);

• 2 acres - Private parks located in the immediate subdivision; minimum size .33 acres (owned and maintained by a homeowners' association)

• (d) Manner of Compliance. The requirements of subsections (a) and (c) may be complied with by the provision of park land, the payment of a park fee or a combination thereof, in accordance with the provisions of this Section.

  • (1) When the requirements of subsections (a) through (c) are complied with solely by providing park land, the minimum amount of land to be provided shall be based on the dedication standard and the density classifications and persons per dwelling unit set forth in the following table:

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Dwelling Units per Net Acre: Fewer than 6.6
Persons per Dwelling Unit: 3.15
Acres per Dwelling Unit: 0158
Dwelling Units per Net Acre: 6.6 to 12.5
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City of Indian Wells, CA

SUBDIVISIONS

§ 20.36.040

§ 20.36.040

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Persons per Dwelling Unit: 2.15
Acres per Dwelling Unit: 0108
Dwelling Units per Net Acre: More than 12.5
Persons per Dwelling Unit: 1.95
Acres per Dwelling Unit: 0098
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• (2) Whenever the requirements of subsections (a) through (c) are complied with solely by the payment of park fees, the amount of such fees shall be computed by multiplying the number of proposed dwelling units by the acres per dwelling unit shown in the table in paragraph (1) and by multiplying the resultant acreage amount by the fair market value of the land being developed.

• (3) Whenever the requirements of subsections (a) through (c) are complied with by both the provision of park land and payment of a park fee, the amount of the park fee shall be computed by determining the required amount of park land in accordance with the provisions of paragraph (1) and subtracting the amount of park land actually provided. The remainder shall be converted to a fee in accordance with the provisions of paragraph (2)

• (e) Disposition of Land or Fees

  • (1) The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the anticipated future inhabitants of the subdivision.

  • (2) All park fees shall be paid to the City prior to the issuance of any residential building permits for the building site or sites for which such fees are due. These fees shall be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision.

• (3) The Planning Director shall prepare a schedule specifying how, when and where the land dedicated or fees paid to develop park or recreational facilities will be used to serve the residents of the subdivision. Any fees collected under paragraphs (2) and (3) shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half (1/2) of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their respective lot bears to the total area of all lots within the subdivision.

  • (4) In the event that the subdivider improves or develops parks for public or private ownership, he shall prepare a schedule specifying when, how and where he will develop the parks or recreational facilities to serve the residents of the subdivision. This schedule shall be required as a condition of subdivision map approval.

• (f) Credits. The subdivider may be eligible to receive credit for park and recreational improvements toward land dedication or fee requirements as follows:

  • (1) Public Parks. Public parks: The value of all improvements (minimum and extraordinary) required by the City for the development of public parks (refer to Exhibits A and B) shall be a credit against the payment of fees or dedication of land

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City of Indian Wells, CA § 20.36.040

INDIAN WELLS CODE

• (2) Private Parks. The park modification processing procedure set forth in paragraph (h) shall apply when considering the following:

  • (i) When private land for park and recreational purposes is to be provided in a proposed subdivision and such park land is to be privately owned and perpetually maintained and operated by the future residents or owners of the development, such land may be credited against the requirement for dedication of land for park and recreational purposes, pursuant to paragraph (d). Eligibility of private park land for land dedication or fee credit shall be subject to approval by the Council. Evaluation of private park land for park dedication credit shall be based on the following criteria:

    • (A) That the private park land meets the minimum size requirement of onethird (1/3) acre;

    • (B) That the proposed private park land is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;

    • (C) That the following areas or subdivision design features shall not be eligible for private park credit: yards, court areas, setbacks, landscaped neighborhood entries, greenbelts, unimproved watercourses, and circulation improvements such as bicycle, golf cart and hiking trails;

    • (D) That the location of the land provides convenient access to the neighborhoods served, as appropriate;

    • (E) That the perpetual private ownership and maintenance of the land is adequately provided for by a recorded written agreement; and

    • (F) That the use of the private park land is perpetually restricted for park and recreational purposes which cannot be defeated or eliminated without the consent of the Council and in no event without providing equivalent park and recreation space elsewhere in the subdivision.

  • (ii) When in a proposed development, private park land is to be provided which will contain minimum and extraordinary improvements (refer to Exhibits A and B), as defined by paragraphs (2)a and b, such improvements shall be eligible for credit against the requirements of dedication or fees for park and recreational purposes, approval by the Commission. In no event shall the amount of such credit exceed the value of the improvements. The value to be credited shall be determined in accordance with paragraphs (1) and (2) and (1) and (3) (refer to Exhibit A). Evaluation of private park facilities for land dedication or fee credit shall be based on the following criteria:

    • (A) That the proposed facilities are suitable to meet the recreation needs of the persons expected to be served by the park.

    • (B) That the facilities or improvements accepted for full credit for private parks shall be those facilities typically found in public parks, as described in paragraph (2)

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.36.040

§ 20.36.040

• (C) That luxury facilities shall be eligible for private park credit up to a maximum of fifty percent (50%) of their value. Such facilities shall include, but not be limited to, swimming pools, spas, tennis courts and club houses.

• (g) Dedication Standard Reduction. In order to encourage the construction of low- and moderate-income housing, the City has adopted the following policy:

Any developer of new units affordable to households of low- or moderate-income, as defined in the General Plan - Housing Element, may be allowed to reduce the dedication standard to a minimum of three and one-half (3 1/2) acres per one thousand (1,000) population, upon review of the Planning Commission and approval by the City Council. The distribution of such acreage shall be one and one-half (1 1/2) acres for public parks, and two acres for private parks.

Approval of a request for such a reduction shall be subject to documentation provided by the applicant:

• (1) That the reduction in park dedication will help lower the cost of construction of the units planned for low- to moderate-income households;

• (2) That new rental units will be maintained for occupancy as rental units for low-income households for a minimum of ten (10) years.

• (3) That projects consisting of units suitable for family occupancy will be located within one-half mile of a publicly maintained park or school playground.

Applications for such a request shall be subject to the park modification processing procedures described in paragraph (h)

• (h) Park and Modification Processing Procedures. Any property owner, subdivider, builder, developer or public agency which requests a modification of the requirements of this Section, pursuant to paragraphs (f) and (g) shall submit a park modification application to the Planning Director.

  • (1) The application shall be in writing and shall State specifically the requirement that is requested to be modified and the applicant's reasons for requesting such a modification. A subdivider may request a park modification for either of the following purposes:

    • (i) To receive credit for private park and recreational land or improvements; or

    • (ii) To reduce the park dedication standard to not less than three and one-half (3 1/ 2) acres per one thousand (1,000) population, when providing housing affordable for low- or moderate-income households.

  • (2) The City Council shall hold a public meeting for the purpose of considering the park modification request.

  • (3) Modifications from the terms and requirements, including Exhibits A and B, of this Section may be approved only upon a determination by the City Council after receiving a report from the Planning Commission, that the criteria set forth in paragraphs (f) and (g) have been satisfied, and that future owners of the subject

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City of Indian Wells, CA § 20.36.040

INDIAN WELLS CODE

§ 20.36.060

• property will be better served by approval of the modification. If there is a determination that the future owners will not be better served thereby, the Commission shall disapprove the application.

  • (4) The determination of the City Council shall become final the day after the date of such determination.

• (Ord. 249 § 3, 1989)

• (a) Condition of Approval. As a condition of approval of a tentative map, the subdivider may be required to reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses according to the standards contained in this Section.

• (b) Sites Shown on Adopted General Plan or Specific Plan. Where a park, recreational facility, fire station, library or other public use is shown on an adopted specific plan or adopted General Plan, the City may require the subdivider to reserve such sites as the City determines to be in accordance with the standards contained in the specific plan or General Plan applicable thereto, subject to all of the following conditions:

  • (1) The reserved area must be of such size and shape as to permit the balance of property within which the reserved land is located to develop in an orderly and efficient manner;

  • (2) The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible; and

  • (3) The reserved area shall conform to the applicable adopted specific plan or General Plan and shall be so configured as to streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

• (c) Time Limit for Acquisition of Property. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final tract or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

• (d) Purchase Price. The purchase price shall be the market value thereof at the time of the filing of the tentative map, plus the property taxes assessed and paid against the reserved area from the date of the reservation, plus any other costs reasonably incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan or other financing relating to the acquisition, holding or improvement of the reserved area.

• (e) Termination of Reservation. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement within the time period set forth in Section 20.36.040(c), the reservation of such area shall automatically terminate.

• (Ord. 249 § 3, 1989)

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.36.060

§ 20.36.060

As a condition of approval of a tentative map, the City Council may require that the design of a subdivision shall provide for the installation of required improvements to make available individual household telephone services to each residential parcel in the subdivision and such easements or rights-of-way necessary for such installations. (Ord. 249 § 3, 1989)

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City of Indian Wells, CA

SUBDIVISIONS

§ 20.40.010

§ 20.40.010