Coachella Municipal Code Ch. 16.04 Introductory Provisions and Definitions

This chapter is enacted pursuant to the authority granted by Section 66411 of the Government Code of the state and in accordance with the limitations of Section II of Article XI of the Constitution of the state, the general laws of the state and Section 66410 et seq. of the Government Code known as the Subdivision Map Act. The provisions of this chapter are in addition to the regulations of the Subdivision Map Act and are supplemental thereto, consistent with, and not in conflict with the provisions of the act.

(Prior code § 21-1)

The purpose of this chapter is to control and regulate the division or consolidation of land within the city as well as such land as may be hereafter annexed to the city and to provide for a clear and expeditious procedure for this purpose. The rules and regulations adopted pursuant to this chapter as well as the regulations contained in this chapter shall be applicable to the resubdivision of land or the alteration of the size and shape of any existing parcel of record. It is the specific intent of the city council to establish by local ordinance requirements for the recordation of a final map or a parcel map in conformity with the authorization of the state Subdivision Map Act, with the exception of those divisions of land as set forth in this chapter. It is further the purpose of these regulations to require the subdivider to properly install improvements in accordance with the provisions of the state Subdivision Map Act and the standards and specifications adopted by the city; to require the subdivider to do the original work of placing public streets and all other improvements in a proper condition before the maintenance thereof is taken over by the city or other appropriate agency, and to relieve the taxpayers of the city to the extent of the burden that would otherwise exist; to provide for the regulation and control of the design and improvement of a subdivision with a proper consideration of its relation to adjoining areas and the effect the subdivision would have on such areas; to require the establishment of open spaces and recreational areas in accordance with rules and regulations that presently exist or may hereinafter be adopted; to provide for the designation and acquisition of sites for necessary public facilities to serve residential areas that are developed as the result of the subdivision of land; to prevent fraud and exploitation in the sale of subdivisions or parts thereof in the interests of protecting the public which has been declared to be the public policy of the state; and to preserve the health, safety, welfare and amenities of the city.

(Prior code § 21-2)

Whenever any words or phrases used in this chapter are not defined in this chapter, but are defined in the Government Code of the state, or in the zoning ordinance of the city as codified in Title 17, such definitions are incorporated in this chapter and shall apply to such words and phrases used in this chapter as though set forth in full, unless the context clearly indicates a contrary intention.

"Alley" means a public or private right-of-way other than a street, providing only secondary access to abutting property.

"Block" means an area of land within a subdivision, which area is entirely bounded by streets, highways, ways, except alleys, or the exterior boundary or boundaries of the subdivision.

"City engineer" means the city engineer of the city of Coachella, or his or her duly authorized representative.

"City manager" means the city manager of the city of Coachella, or his or her duly authorized representative.

"Commission" means the planning commission of the city of Coachella.

"Contiguous units" mean adjacent parcels of land, which shall be considered contiguous even if separated by roads, streets, utility easements or railroad rights-of-way.

"Council" means the city council of the city of Coachella.

"Cul-de-sac" means a street open at one end only, and providing at the other end special facilities for the turning around of vehicular traffic.

"Development committee" means a body comprised of the director of planning, city engineer, fire chief, superintendent of public works, chief of police or his or her representative, and the superintendent of the Coachella sanitary district.

"Director" means the director of planning of the city or his or her authorized representative.

"Final subdivision map" or "final map" means a map prepared in accordance with the provisions of this chapter and the Subdivision Map Act for a subdivision of land, as "subdivision" is defined in said act, which map is designed to be placed on record in the office of the Riverside County recorder.

"Express way, arterial" and "collector" mean any vehicular route so designated on the general plan and shall be for the purpose of collecting and carrying large volumes of traffic.

"Frontage road" means a street contiguous to a freeway, major road or arterial road, separated therefrom by a dividing strip and providing access to abutting property.

"General plan" means the general plan of the city, adopted October 7, 1998, and any amendments thereto:

"Grading ordinance" means Chapter 70 of the Uniform Building Code, including such amendments thereto as may be adopted by ordinance.

"Improvement" shall be as defined in the Subdivision Map Act of the state.

"Improvement standards" means the standards adopted by the city regulating the development of land as a subdivision.

"Lot" means a recorded parcel or portion of land separated from other parcels or portions by description, as on a subdivision map, record of survey map, parcel map, or by metes and bounds for purpose of sale, lease or separate use as of October 7, 1953, or as subsequently created in accordance with this chapter. The term "lot" further includes any parcel which, at the time of annexation to the city, is a parcel of record.

"Lot line adjustment" means the process for relocation of an existing lot line between two existing parcels if no additional parcels are created.

"Major subdivision" means any real property, improved or unimproved, or portion thereof shown on the latest adopted Riverside County tax roll as a unit or as contiguous units which are divided for the purpose of sale, lease or financing, whether immediate or future, by any subdivider, into five or more parcels. Any division made solely for the purpose of street widening is not a subdivision, nor is any land given under eminent domain proceedings or threat thereof.

"Map act" means the Subdivision Map Act of the state.

"Minor change" means a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment, width or grade, grading proposals or other elements that do not change the overall concept of the project.

"Parcel split" means any real property, improved or unimproved, or portion thereof shown on the latest adopted Riverside County tax roll as a unit or as contiguous units which are divided, consolidated or rearranged for the purpose of sale, lease or financing, whether immediate or future, by any land division, into four or less parcels, or the division of land into any number of parcels where a parcel map is required by the map act. "Parcel split" does not include those items specifically excluded by the map act or a division of four parcels or less for construction of removable commercial buildings having a floor area of less than one hundred (100) square feet.

"Planned unit development" means a planned residential development, commercial planned development, planned industrial/commercial development or a development lying within a hillside development overlay district or a natural factors/restricted development overlay district.

"Standard specifications" means standard specifications and standard drawings adopted by the city.

"Subdivider" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity or assignee commencing proceedings under this chapter, to cause land to be divided into two or more parcels for himself or herself or for another and while used here in masculine gender and singular number, it is deemed to mean and include the feminine or neuter gender and plural number whenever required.

"Subdivider's engineer" means any individual or firm retained by the subdivider and who is duly qualified to perform the necessary duties of engineering.

"Zoning ordinance" means Title 17 of this code.

(Ord. 892 § 21, 2003; prior code § 21-3)

"Barrier strip" means a strip of land one foot or more in width dedicated to the city for future street purposes at the end of a dead-end street or along the side of a partial-width dedicated street or other public right-of-way.

"Bicycle way" means an area within the right-of-way of a dedicated street or easement, where bicycle travel is the designated use.

"Median" means that portion of a divided highway separating the traveled way for traffic in opposite directions.

"Outer separation" means the area between the traveled ways of a highway for through traffic and a frontage road or service road.

"Parkway" means the area adjoining the outer edge of the roadbed, extending to the right-of-way line in which sidewalks, plantings, utilities, bank slopes and related facilities may be located.

"Partial-width street" means any street the improved width of which is less than the width necessary for a normal full-width street.

"Pedestrian way" means a right-of-way designated for use by pedestrians and not intended for use be vehicles of any kind. A pedestrian way may be located within or without a street right-of-way at grade, or grade separated from vehicular traffic.

"Right-of-way" means the entire width of property specifically designated and recorded for the use of highways, flood and drainage works, overhead and underground utilities, or any related improvements.

"Roadbed" means that portion of the roadway extending from curb face to curb face or to the outside line of improved shoulders. Divided highways shall be considered as having two roadbeds.

"Roadway" means that portion of the highway including roadbed, all slopes, aide ditches, channels, waterways and all other related facilities which are located within a road right-of-way.

"Traveled way" means that portion of the roadway designated for the movement of vehicles, exclusive of shoulder and auxiliary lanes.

(Prior code § 21-4)