Chapter 130.04 — INTRODUCTORY PROVISIONS AND DEFINITIONS

(a)

The ordinance codified in this title is adopted pursuant to the provisions of the Subdivision Map Act.

(b)

All land divisions in the incorporated area of the city as hereinafter defined are subject to all of the applicable provisions of the Subdivision Map Act and this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.04.020. - Advisory agencies.

(a)

The city planning commission is designated as the "advisory agency" charged with the duty of making investigations and reports on the design and improvement of all proposed tentative schedules A, B, C, D and E maps that lie outside the area jurisdiction of the East Area Planning Council. The commission is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and report the action directly to the board of supervisors and the land divider.

(b)

The East Area Planning Council is designated as the advisory agency charged with the duty of making investigations and reports on the design and improvement of all proposed tentative schedules A, B, C, D and E maps that lie within its area jurisdiction. The council is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and report the action directly to the board of supervisors and the land divider.

(c)

The community development director of the city is designated as the "advisory agency" charged with the duty of making investigations and reports on the design and improvement of all proposed tentative schedules F, G, H and I parcel maps in the county. The community development is authorized to approve, conditionally approve or disapprove all such tentative map land divisions and to report the action directly to the board of supervisors and land divider.

(d)

Notwithstanding subsections (a) and (b) of this section, or any other provision in this title to the contrary, the board of supervisors reserves exclusively to itself the duty of to investigate, approve, conditionally approve or disapprove all tentative schedule E maps given fast track status. The board of supervisors also reserves exclusively to itself the duty to investigate, approve, conditionally approve or disapprove all minor change and amendment to final map requests for all maps encompassing property within the boundaries of

assessment district Nos. 159 and 161, community facilities district Nos. 84-2, 86-1, 87-1, 87-5 and 88-8. The board's actions shall be final with no further right of appeal.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

There is created a land development committee to act in an advisory capacity on all land divisions to the designated advisory agencies.

(1)

The land development committee shall consist of representatives from the following departments and districts:

a.

Transportation and land management agency;

b.

Planning department;

c.

Transportation department;

d.

Department of building and safety;

e.

Health department;

f.

The county flood control and water conservation district;

g.

Coachella Valley water district;

h.

East Blythe water district;

i.

Fire department.

(2)

The land development committee shall consider all land use proposals and report its findings and recommendations to the advisory agency for their decision.

(3)

A representative from one of the departments or districts set forth in subsection (1) of this section shall coordinate recommendations from the other departments and districts, under the supervision of the planning department.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.04.040. - Appeal boards.

(a)

The East Area Planning Council is established as the appeal board to which the land divider or any interested person may appeal from any action of the advisory agency with respect to tentative schedules F, G, H and I maps that lie within the area jurisdiction of the East Area Planning Council.

(b)

The city planning commission is established as the appeal board to which the land divider or any interested person may appeal from any action of the advisory agency with respect to tentative schedules F, G, H and I maps that lie outside the area jurisdiction of the East Area Planning Council.

(c)

The city council is established as the appeal board to which the land divider or any interested person may appeal from any action of the city planning commission or East Area Planning Council with respect to all tentative maps.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.04.050. - Suspensions.

Notwithstanding sections 130.04.010 through 130.04.040, or any other provision in this title to the contrary, operation of the East Area Planning Council is suspended and its authority and duties transferred to the planning commission.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.04.060. - Definitions.

(a)

General definitions. In this title, unless the context otherwise requires, the following words shall have the following meanings.

Advisory agency means the planning commission, the East Area Planning Council or the community development director as specified in section 130.04.020.

Building official means the director of the building and safety department of the city.

Community development director means the community development director of the city.

County surveyor means the surveyor of Riverside County.

Community services district means a community services district which has the power to construct and maintain streets.

Department of transportation means the state department of transportation.

Director of transportation means the director of the transportation department of the city.

Fast track status means the status conferred on a map by majority vote of the city council or by the executive director of the city economic development agency in accordance with the provisions of city council policy.

Fire chief means the chief of the fire protection agency or designee having jurisdiction of the area in which a land division is located.

Flood control engineer means the person as determined by the area in which a land division is located as follows:

(1)

Within the boundaries of the county flood control and water conservation district, it means the chief engineer of that district;

(2)

Within the boundaries of the flood control jurisdiction of the Coachella Valley water district, it means the general manager-chief engineer of that district;

(3)

Outside the boundaries of either of the districts set forth in this definition, it means the person designated by the city council to perform the flood protection studies.

Health officer means the health officer of the city.

Land use ordinance means the zoning code, title 120, planning and zoning, of this Code.

Prime agricultural land and the Williamson Act means land which:

(1)

Qualifies for rating as class I or II in the soil conservation service land use capability classifications;

(2)

Qualifies for rating 80 through 100 in the Storie Index Rating;

(3)

Supports livestock used for production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture;

(4)

Land planted with fruit of nut-bearing trees, vines bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200.00 per acre; or

(5)

Land which has returned from the production of unprocessed agricultural plant products and annual gross value of not less than $200.00 per acre for three of the previous five years.

Recorder means the recorder of the county.

Staff means the employees of the transportation and land management agency, the health and fire departments and the county flood control and water conservation district.

Transportation and land management agency means the departments of planning, transportation and building and safety consolidated into one agency.

(b)

Technical definitions.

Approved fire hydrant means an appliance meeting AWWA pamphlet C-502 or C-503 standards and approved by the water company and fire department having jurisdiction.

Comprehensive general plan means the comprehensive general plan of the city, including all elements thereof, as adopted by the city council.

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

Design means:

(1)

Street alignments, grades and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3)

Location and size of all required easements and rights-of-way;

(4)

Fire roads and firebreaks;

(5)

Lot size and configuration;

(6)

Traffic access;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes; and

(9)

Such other specific physical requirements in the plan and configuration of the entire land division as may be necessary or convenient to ensure consistency with or implementation of the comprehensive general plan or any adopted specific plan.

Environmental constraint note means any note required by the conditions of approval to be shown on an environmental constraint sheet and reference made thereto on the final map. This shall be required when constraints involving but not limited to any of the following are conditioned by the advisory agency or city council: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability and sewage disposal.

Environmental constraint sheet means a duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map, with the county surveyor, and labeled "environmental constraint sheet" in the top margin. Applicable items will be shown under a heading labeled "environmental constraints notes." The environmental constraint sheet shall contain the statement: "The environmental constraint information shown on this map sheet is for informational purposes describing conditions as of the date of filing, and is not intended to affect record title interest. This information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet."

Fire hazard areas means area within the city so designated on the map entitled "hazardous fire areas of the city" on file in the office of the city clerk and in the office of the city fire chief.

Improvement means any street work, surveys and monuments and utilities to be installed, or agreed to be installed, by the land divider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic needs as condition precedent to the approval and acceptance of the final map thereof. The term "improvement" also means such other specific improvements or types of improvements the installation of

which, either by the land divider, public agencies, private utilities, any other entity or by any combination thereof, is necessary or convenient to ensure consistency with and implementation of the conditions of approval of the tentative map and the comprehensive general plan and any adopted specific plan.

Improvement standards means the standards set forth in this title and other ordinances related to the development of land as a subdivision or parcel map division.

Land division or subdivision.

(1)

The term "land division" or "subdivision" means the division of any unit of units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, gift or financing, whether immediate or future. The term "land division" or "subdivision" includes both tract map and parcel map divisions of land defined as follows:

a.

The term "tract map division" means a land division creating five or more parcels, five or more condominiums as defined in Civil Code § 783, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

b.

The term "parcel map division" means a land division where any of the following conditions prevail:

1.

The land is divided into four or less parcels;

2.

The whole parcel before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedication or improvements are required for the land division;

3.

Each parcel created by the land division has a gross area of not less than 20 acres up to 40 acres and each parcel has an approved access to a maintained public street or highway;

4.

The land consists of a parcel of land having approved access to a public street or highway, is part of a tract of land zoned for industrial or commercial development, and is approved as to street alignment and width;

5.

Each parcel created by the land division has a gross area of 40 acres or more, or each of which is not less than a quarter of a quarter section.

(2)

The term "land division" or "subdivision" does not include:

a.

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

b.

Agricultural, gas, oil or mineral leases;

c.

Land dedicated for cemetery purposes under the California Health and Safety Code;

d.

The division of land caused by the acquisition of a property interest by any public entity or governmental agency;

e.

The division of land caused by the acquisition of a property interest by a public utility for operating public utility purposes, or the conveyance of land by a public utility to a contiguous ownership;

f.

A lot line adjustment solely for the purpose of increasing or adjusting the size of adjacent lots or parcels, provided that the lot line adjustment does not reduce the original parcels below the zoning development standards applicable to the land, no additional parcels are created and the adjustment is approved by the community development director;

g.

When a land division is of a portion of any unit of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

For a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the planning department, or until the construction of the improvements is required pursuant to an agreement between the subdivider and the city. In the absence of that agreement the city may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon

a finding by the city that fulfillment of the construction requirements is necessary for reasons of the public health and safety, or the required construction is a necessary prerequisite to the orderly development of the surrounding area. A designated remainder subsequently may be sold without any further requirement of the filing of a parcel map or final map, but the community development director may require a certificate of compliance or conditional certificate of compliance.

Lot line adjustment means a minor alteration to adjust a lot line or lot lines. It is not a subdivision or resubdivision procedure and is intended to be used only in those situations where the provisions of the Subdivision Map Act and this title applicable to subdivision and resubdivisions do not apply.

Minor change means a minor modification of an approved tentative map that includes, but is not limited to, a change in lot lines, lot design or street alignment, building pad location or grading proposals provided that the basic design concept is retained. A minor change may decrease, but not increase the number of approved lots. A minor change may alter or delete any condition of approval which is no longer appropriate or necessary. Notwithstanding the provisions in this definition, or any other provision herein to the contrary, a request to alter or delete a condition of approval of any approved tentative map within the boundaries of the following districts shall, in all instances, be considered a minor change:

(1)

Assessment District Nos. 159 and 161;

(2)

Community Facilities District Nos. 84-2, 86-1, 87-1, 87-5 and 88-8.

Planned residential development means residential development including, but not limited to, statutory and nonstatutory condominiums, cluster housing, townhouses and community apartments that is permitted reduced lot area, width and depth requirements and building setback requirements, by integrating into the overall development open space and outdoor recreational facilities, and which may include recreational and public assembly buildings intended primarily for the use of the residents of the project, within the development.

Public access means:

(1)

A dedication to public use or to the city to the required width for road purposes;

(2)

A permanent written easement for road purposes to the required width from the state or federal government;

(3)

An access road, as defined in this title that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the director of transportation;

(4)

A dedication to a community services district to the required width for road purposes.

Public improvements means traffic controls, streets, roads, highways, freeways, bridges, over crossings, street interchanges, flood control or storm drain facilities, sewer and water facilities and lighting facilities.

Revised tentative map means a modification of an approved tentative map wherein the design of the land division is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.

Specific plan means a plan adopted by the city council that is based upon the comprehensive general plan of the city, as provided in the Government Code § 65450 et seq.

Storm frequency of one in 100 years means a storm that will probably be equaled or exceeded on the average of once every 100 years. It does not follow, however, that such a storm will be equaled or exceeded once in every 100-year period, or that having occurred once, it will not occur again for 100 years. It may occur several times in a 100-year period, but over a sufficient length of time the average is expected to be once in 100 years.

Tentative map means a map made for the purpose of showing the design and improvement of a proposed land division and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

Vesting tentative map means a land division that has printed conspicuously on its face the words "vesting tentative map" and is processed in accordance with section 130.12.090.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.04.070. - Street and highway definitions.

(a)

Streets and highways generally. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Highway or street means a right-of-way within which improvements are constructed for the conveyance of vehicular and pedestrian traffic and includes all highways, streets, road and alleys. The rights-of way and improvements shall be in conformity with city transportation department standards and specifications as set forth in city ordinances.

(1)

The term "freeway" means a highway upon which the abutter's rights of access are controlled and which provides separated grades at intersecting streets.

(2)

The term "expressway" means a highway for through traffic to which access from abutting property is restricted. Intersections with other streets or highways shall be limited to approximately one-half mile intervals.

(3)

The term "arterial (urban) highway" means a six-lane divided highway primarily for through traffic where anticipated traffic volumes exceed four-lane capacity. Access from other streets or highways shall be limited to approximately one-quarter mile intervals. The minimum right-of-way width shall be 134 feet.

(4)

The term "arterial highway" means a divided highway primarily for through traffic to which access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately one-quarter mile intervals. The minimum right-of-way width shall be 110 feet. (See city ordinance, street standards.)

(5)

The term "arterial (mountain) highway" means a four-lane highway intended to serve through traffic in mountainous areas zoned for low density residential development. Access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately 330-foot intervals. The minimum right-of-way width shall be 110 feet.

(6)

The term "major highway" means a highway intended to serve property zoned for major industrial and commercial uses, or to serve through traffic. Intersections with other streets or highway may be limited to approximately 660-foot intervals. The minimum right-of-way width shall be 100 feet.

(7)

The term "secondary highway" means a highway intended to serve through traffic along longer routes between major traffic generating areas or to serve property zoned for multiple residential, secondary industrial or commercial uses. The minimum right-of-way width shall be 88 feet. Intersections with other streets and highways may be limited to 330-foot intervals.

(8)

The term "industrial collector" means a three-lane circulatory street with a continuous left turn lane with at least one end connecting to a road of equal or greater classification. The minimum right-of-way width shall be 78 feet.

(9)

The term "collector street" means a street which is intended to serve intensive residential land use, multiple-family dwellings, or to convey traffic through an area to roads of equal or similar classification or higher. It may also serve as a cul-de-sac in industrial or commercial use areas but shall not exceed 660 feet in length when so used. The minimum right-of-way width shall be 66 feet.

(10)

The term "general local street" means a through street serving 50 or more single-family lots or lot sizes of less than 7,200 square feet. It may also serve as a private interior street in an industrial park. The minimum right-of-way width shall be 60 feet.

(11)

The term "short, local or circulatory private interior street" means a residential street limited by design to serve less than 50 single-family dwellings or a circulatory private street in a planned residential development. The minimum right-of-way width shall be 60 feet.

(12)

The term "restricted local or noncirculatory private interior street" means a local street where, due to unusual conditions it is impractical to provide for a wider right-of-way or a street with limited circulation within a planned residential development. The minimum right-of-way shall be 50 feet.

(13)

The term "access road" means:

a.

An existing improved roadway, either graded, graded and based, or asphalt paved, built within the dedicated right-of-way and providing safe, passable access from a maintained road to a land division site; or

b.

A proposed road that will be constructed to grade, alignment, and width from the project site to a maintained or public road as defined in later chapters of this title.

(14)

The term "maintained road" means a road in which the road maintenance shall be principally conducted by a governmental agency, a city service area, or community services district. A road maintained by a property owner's association may constitute a maintained road if the city council determines that there is no other feasible means of guaranteeing maintenance of the road for public use, and if the association has the unqualified right and obligation to maintain the road pursuant to recorded conditions, covenants and restrictions which provide that such right and obligation cannot be amended or terminated without the mutual consent of the city and the association.

(15)

The term "alley" means a secondary means of access to property and is located at the rear or side of the property. The minimum right-of-way width shall be 20 feet.

(16)

The term "major, secondary and residential frontage road or service road" means an auxiliary street adjacent to freeways, expressways, arterial highways, major highways, secondary highways and flood control channels. The minimum right-of-way width shall be in accordance with the appropriate city ordinance, street standards.

(17)

The term "cul-de-sac street" means a road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.

(18)

The term "dead-end street" means a street open at one end only without provisions for turning around and which may be further extended into adjoining property.

(19)

The term "private street" means a street within a private development or a planned residential development whereby the street requirements are regulated by section 130.08.030.

(20)

The term "part-width street" means any street in which the improved width is less than the width necessary for a normal full-width street.

(21)

The term "rural road" means any local residential street within designated areas, identified in the general plan, community plan, or a specific plan serving less than 50 single-family lots with lot sized of one-half acre or larger. The minimum right-of-way shall be 60 feet. The radii, maximum grade percentage, intersection intervals and all other design standards except pavement width shall be the same as those for a local road as required by city ordinance, street standards.

a.

Minimum improvements are as follows:

b.

The rural road standards set forth in the table in subsection (a)(21)a of this section shall be applicable in the following areas:

1.

Lake Mathews community plan;

2.

County service areas Nos. 41, 86, 104, 105, 108, 117, 124 and 149.

(b)

Street and highway details. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

The term "barrier strip" means a strip of land one foot or more in width dedicated to the city for street purposes and access control at the end of a dead-end street or along the side of a part-width dedicated street or other public right-of-way.

(2)

The term "bicycle way" means an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.

(3)

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

(4)

The term "multilane demand" means that projected traffic volume will exceed the nominal capacity of a two-lane street section when such projected traffic volume is determined by a rational method of traffic generation employing land use techniques and traffic engineering principles.

(5)

The term "outer separation" means the area between the traveled way of a highway for through traffic and a frontage road or service road.

(6)

The term "pedestrian way/sidewalk" means a right-of-way designed for use by pedestrians and not intended for use by motor 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.

(7)

The term "right-of-way" means the entire width of property for the use of highways, flood and drainage works, overhead and underground utilities or any related improvements.

(8)

The term "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.

(9)

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

(10)

The term "roadbed" means that portion of the roadway extending from curb-face or to the outside lien of improved shoulders.

(11)

The term "traveled-way" means that portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.08. - DESIGN STANDARDS

Sec. 130.08.010. - Conformance with general plan.

(a)

All land divisions shall conform to the comprehensive general plan of the city, with all applicable specific plans, with the requirements of the land use ordinance and other ordinances, and with the requirements of this title except as hereinafter provided.

(b)

The requirements set forth within this title are minimum requirements, and the city may impose greater requirements if so justified.

(c)

Exceptions from the requirements of this title relating to the design or improvement of land divisions shall be granted by the appropriate advisory agency or appeal board only when it is determined that there are special circumstances applicable to the property, such as but not limited to size, shape or topographical conditions, or existing road alignment and width, and that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity.

(d)

Applications for exceptions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be submitted with the application for a land division.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)