Coachella Municipal Code Ch. 16.08 General Requirements

The subdivider shall adhere to the criteria set out in Sections 16.08.020 through 16.08.050 in the processing of a major subdivision or a parcel split for the division of land, as more specifically defined in this chapter or other provisions of this code and the state Map Act.

(Prior code § 21-16)

General plan, as presently adopted or as it may hereafter be amended, is accepted as a guide for the use of all land within the boundaries of the city and for those properties located in the unincorporated area wherein land use is defined in the general plan. All land shall be subdivided and developed in accordance with the provisions and regulations of the zoning ordinance as codified in Title 17 of this code.

(Prior code § 21-17)

A. The street system in the proposed land division shall relate, in general, to the existing streets in the area adjoining the proposed land division.

B. The proposed street system shall give consideration to the future land division of adjoining undivided property.

C. All street design shall consider access serving the existing or proposed use of abutting land.

D. Additional rights-of-way or easements shall be provided where necessary to accommodate roadways, slopes, drainage structures and other facilities related to land division improvements.

E. All streets shall be located along the boundaries of parcels and shall not divide a parcel unless approved by the city engineer.

F. Access to private property along freeways, expressways, arterial highways, major highways and secondary highways as designated in the general plan shall be provided by one of the following:

1. A frontage road or service road;

2. An interior street; or

3. Cul-de-sac street entered from a street other than a freeway, expressway, arterial, major or secondary highway.

G. Design of streets shall make provision for railroads, parkways, expressways, grade separations, flood control channels, prevailing geological conditions and local drainage facilities.

H. Dead-end streets shall be so designed that access to abutting property shall be physically possible.

(Prior code § 21-18)

The subdivision procedures contained in this chapter and other requirements and regulations adopted by ordinance and incorporated in this code or by resolution of the council may provide necessary land and development thereof for parks, open space, playgrounds and other required public facilities serving the subdivision. This chapter establishes procedures for the referral of proposed subdivision maps to those boards, bureaus and other governmental agencies and utility companies, both public and private, so that the extension of community facilities and utilities may be accomplished in an orderly manner coincident with a division of land and in accordance with such standards as may be adopted in the general plan. In order to facilitate the acquisition of land areas required to implement this policy, the commission may recommend that land be reserved by the subdivider for a certain period of time and subject to conditions as prescribed in this title, to permit the acquisition by the appropriate public agency of the land for open space, parks, playgrounds and other public purposes. The council may, under such conditions and circumstances as provided in this chapter, require that land be dedicated or fees be levied to accomplish this purpose.

(Prior code § 21-19)

Private streets may be permitted if it is determined that there is adequate provision for their construction and continued maintenance; that the welfare of the occupants of the development will be adequately served; and that it will not be detrimental to the public health, safety and general welfare. Private streets shall be designed and constructed to the same standards and criteria as public streets.

(Prior code § 21-20)

The subdivider shall cause to be prepared maps consistent with the design standards contained in this chapter and accomplish improvements consistent with the improvement standards of the city and shall process the maps in accordance with the regulations set forth in this chapter. The subdivider shall fully cooperate in the provision and development of areas for required public facilities.

(Prior code § 21-31)

The director shall process tentative maps and shall indicate on thee maps the date and time received and be responsible for the review, the expeditious processing and analysis of the planning aspect of tentative maps and prompt referral thereof to other governmental boards, bureaus and agencies and affected utility companies, both public and private.

(Prior code § 21-32)

The city engineer shall be responsible for acknowledging receipt of final maps and reporting to the council as to whether the proposed improvements are consistent with the regulations contained in this chapter.

(Prior code § 21-33)

The commission shall act as the advisory agency to the council, and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions and the conformance of such subdivisions with the general plan and this chapter. The commission shall report its actions and recommendations concerning the tentative map by resolution to the council with a copy to the subdivider. The council shall act by resolution thereon and report its action to the subdivider. For parcel splits the commission shall report directly to the subdivider.

(Prior code § 21-34)

The subdivider shall file a tentative map in the case of a major subdivision or a parcel split with the planning department and, as provided in this chapter, shall procure the recordation respectively of a final subdivision map or a parcel map with the county recorder which shall, in all respects, be in full compliance with the provisions of this chapter.

(Prior code § 21-35)

Maps may be filed for noncomplying subdivisions and to revert previously divided land to acreage in the following manner:

A. The purchaser, or his or her successor in interest, of a lot which is the result of a division of land that is in violation of the provisions of this chapter may file a major subdivision or parcel split as required in Sections 16.08.100 and 16.08.140, which shall comply in all respects with the provisions of this chapter.

B. Previously subdivided land may be reverted as set forth in Chapter 6, Article 1 of the Subdivision Map Act. Proceedings for reversion may be initiated by the council at the request of the land owner or by petition of all of the owners of record of the real property to be reverted to acreage. Dedications as are required for subdivisions may be required.

(Prior code § 21-36)

All divisions of land situated outside the corporate limits which require action by the commission and the director prior to annexation shall comply with the regulations of this chapter insofar as applicable, subject to the limitations of Section 66454 of the map act.

(Prior code § 21-37)

The city or any person, firm or corporation may file a suit in the superior court of Riverside County to restrain or enjoin any attempted or proposed land division or sale in violation of this chapter pursuant to the authority of Section 66499.33 of the Government Code.

(Ord. 892 § 22, 2003: prior code § 21-38)

Parcels of land created contrary to the provisions of this chapter shall not constitute legal building sites and no permit shall be issued for the installation of fixtures or equipment or for the erection, construction, conversion, establishment, alteration or enlargement of any building, structure or improvement thereon unless and until a map as required by Section 16.08.100 has been filed, approved in accordance with the requirements of this chapter, and recorded, or until a certificate of compliance is obtained as set forth in Section 16.08.150. Any person who divides or causes to be divided land without complying in all respects with the provisions of this chapter shall be subject to prosecution for a misdemeanor as defined in this section. Any contract to sell, sale or deed of conveyance made contrary to the provisions of this chapter is a misdemeanor, and any person, firm or corporation, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment, or by both such fines and imprisonment.

(Prior code § 21-39)

Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request that a determination be made as to whether such real property complies with the provisions of the Subdivision Map Act and this chapter. Upon making such determination, the city shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the map act and of this chapter. The fee for this determination shall be as set forth in Chapter 16.40.

(Prior code § 21-40)

If it is determined that the real property for which a certificate of compliance is requested does not comply with the provisions of the map act or of this chapter, the city may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of property at the time the applicant acquired his or her interest therein, and which had been established at such time by the map act or by this chapter. Upon making such a determination and establishing such conditions the city shall cause a conditional certificate of compliance to be filed for record with the county. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to Section 16.08.150, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the city.

(Prior code § 21-41)

A recorded final map or parcel map constitutes a certificate of compliance with respect to the parcels of real property described therein.

(Prior code § 21-42)

If it is found that real property has been divided in violation of the Subdivision Map Act or of this chapter, a notice of intention to record a notice of violation shall be filed for record with the county recorder by the director of planning. Such notice shall describe the real property in detail, naming the owners thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence at a time, date and place set forth therein to the planning commission why a notice of violation should not be recorded. A copy of such notice shall be sent to the owner of such real property. If, after the owner has presented evidence, it is determined that there has been no violation, the director shall have recorded with the county recorder a release of the notice of intention to record a notice of violation. If, however, after the owner has presented evidence, the commission determines that the property has in fact been illegally divided, or if within sixty (60) days of receipt of notice of intention the owner of such real property fails to inform the commission of his or her objection to recording the notice of violation, the commission of his or her objection to recording the notice of violation, the commission shall direct the director to have such notice of violation recorded in the office of the county recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

(Prior code § 21-43)

Any action or proceeding to attack, review, set aside, void or annul the decision of the council concerning a subdivision, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or determine the reasonableness, legality or validity of any condition attached thereto in a court of competent jurisdiction, shall not be maintained by any person unless such item or proceeding is commenced within ninety (90) days after the date of such decision. Thereafter, all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.

(Ord. 892 § 23, 2003: prior code § 21-276)