La Quinta Municipal Code Ch. 13.04 Basic Provisions

This title is adopted pursuant to Sections 66410 through 66499.58 of the Government Code to provide the city with legal authority for the review and processing of proposed subdivision, reconfiguration and/or consolidation of real property.

(Ord. 272 § 1, 1995)

This title shall apply to the subdivision, reconfiguration and consolidation of land within the city.

(Ord. 272 § 1, 1995)

The provisions of this title are adopted pursuant to, are intended to be used in conjunction with, and are to be construed in light of, the provisions of the Government Code. Whenever adherence to the provisions of this title would constitute a violation of state and/or federal law, the provisions of state and/or federal law shall take precedence.

(Ord. 272 § 1, 1995)

The planning director is designated an "advisory agency" under state law for the purposes of:

A. Investigating and preparing reports to the planning commission on the design and improvement of subdivisions;

B. Approving, conditionally approving or disapproving tentative parcel maps;

C. Approving, conditionally approving or disapproving amending of final maps.

(Ord. 356 § 1, 2001; Ord. 272 § 1, 1995)

A. All land divisions shall conform with the general plan of the city, with all applicable specific plans, with the requirements of the land use ordinance and other ordinances, with the requirements of this title except as hereinafter provided, and with the State Subdivision Map Act, all as may be revised from time to time.

B. Exceptions from the requirements of this title relating to the design or improvement of land divisions shall be granted 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, welfare, or other property in the vicinity.

C. Applications for exceptions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be filed with the tentative map.

(Ord. 272 § 1, 1995)

The authority for review and approval of subdivisions and related land actions is set forth in Table 13-1, as follows:

Table 13-1 Review and Approval Authority

PH = Decision-making body (public hearing required) R(PH) = Recommending review body (public hearing required) A = Administrative review by city manager or designee (no PH) CC = Decision-making body (city council as consent calendar item)

*By city manager or designee. Map can be referred to planning commission at director's discretion. **By city manager or designee. 1 City manager or designee may only consider extensions if there are no proposed changes to the tentative map.

(Ord. 539 § 1, 2016; Ord. 394 § 2, 2003; Ord. 356 § 1, 2001; Ord. 272 § 1, 1995)

As used in this title:

"Access/egress" means the ability to enter a site from a roadway and exit a site onto a roadway by motorized vehicle.

"Alley" means a secondary means of access to property and is located at the rear or side of the property. Minimum right-of-way width shall be twenty (20) feet.

"Approved," when used to refer to a tentative map or other subdivision or reconfiguration action having received the consent, endorsement or permission of the city or any advisory agency thereof, means and includes those maps or actions which have been "conditionally approved."

"Archaeological" means that which relates to the material remains of past human life, culture or activities.

"Caltrans" means the California Department of Transportation.

"Census" means the official decennial enumeration of the population conducted by the federal government.

"CEQA" means the California Environmental Quality Act.

"City" means the city of La Quinta and/or its employees.

"Civil code" means the Civil Code of the state of California.

"Consistent" means free from variation or contradiction. Programs in the general plan are to be consistent, not contradictory or preferential. State law requires consistency between a general plan and implementation measures such as the subdivision ordinance.

"Covenants, conditions and restrictions (CC&Rs)" means a document which describes restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.

"Cul-de-sac" means a street open at one (1) end only, with special provisions for turning around. Further extension of a cul-de-sac is precluded by the land division design.

"Design" means and includes the following features: (1) street alignments, grades and widths; (2) drainage water, and sanitary sewer 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 subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

"Detention basin" means a facility constructed to temporarily retard stormwater runoff from entering downstream drainage facilities. Water is slowly released through an outlet structure at a rate that will not exceed the carrying capacity of the downstream channel. Detention basins are often planted with grass and used, in dry weather, for open space or recreation areas.

"Development" means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alteration of the land and construction incident to them.

"Development right" means the right to develop land by a landowner who maintains fee-simple ownership over the land or by a party other than the owner who has obtained the rights to develop. Such rights usually are expressed in terms of density allowed under existing zoning. For example, one (1) development right may equal one (1) unit of housing or may equal a specific number of square feet of gross floor area in one (1) or more specified zone districts.

"Easement" means the fight to use property owned by another for specific purposes or to gain access to another property. For example, utility companies often have easements on the private property of individuals to be able to install and maintain utility facilities.

"Final map" means a final tract map.

"Finding(s)" means the result(s) of an investigation and the basis upon which decisions are made. Findings are used by city employees and decision-making bodies to justify action taken by them.

Flood, One Hundred (100)-Year. "One hundred (100)-year flood" means the magnitude of a flood expected to occur every one hundred (100) years, on average, based on historical data. The one hundred (100)-year flood has a one (1) in one hundred (100), or one percent (1%), chance of occurring in any given year.

"General plan" means the general plan of the city of La Quinta adopted pursuant to Section 65302 et seq. of the Government Code.

"Geologic analysis" means the analysis of geologic hazards, including all potential seismic hazards, surface ruptures, liquefaction, landsliding, mudsliding and the potential for erosion and sedimentation.

"Government Code" means the Government Code of the state of California.

"Improvement" means any street work and utilities 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. It also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination of them, is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan. "Improvements" shall either be "Private Improvements," which retained by the subdivider, the lot owners, and/or an association of owners within the subdivision, or "Public Improvements," which are intended to be owned by, or dedicated to, the city or another public agency.

"Parcel map" means a final parcel map.

"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.

"Pro rata" means the proportionate distribution of something to something else or to some group, such as the cost of infrastructure improvements associated with new development apportioned to the users of the infrastructure on the basis of projected use.

"Restrict" means to check, bound or decrease the range, scope or incidence of a particular condition.

"Retention basin" means a facility constructed to prevent stormwater from entering downstream drainage channels. The water is retained until it percolates into the ground and helps recharge the natural water table. Retention basins are often planted with grass and used, in dry weather, for open space or recreation areas.

"Revised tentative map" means a revision to a valid approved tentative map and/or its approval conditions, wherein the design and/or improvements of the tentative map are modified from that of said approved tentative map, but with no substantial change in concept from the approved tentative map, as determined by the city manager or designee.

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

"Shall" means that which is obligatory, necessary or mandatory.

"Slope" means land gradient described as the vertical rise divided by the horizontal run, and expressed in percent.

"Specific plan" means a plan adopted by the city council that is based upon the city of La Quinta general plan and is consistent with Section 65450 et seq., of the Government Code.

"Storm runoff" means surplus surface water generated by rainfall that does not seep into the earth but flows overland to lower elevations.

Street, Collector. "Collector street" means a two (2)-lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time. Collector streets are designed for both mobility and access to adjacent property and often provide on-street parking. Collector streets generally serve shorter trips within neighborhoods and access to higher-level streets. Designation of collector streets in the city of La Quinta are set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time.

Street Improvements, Full-Width. "Full-width street improvements" means pavement, curbs, gutters, sidewalks, medians, traffic-control devices, pavement markings, and other improvements required by Chapter 13.24, the 2035 General Plan circulation element (as may be amended from time to time) and the city engineer.

Street, Local. "Local street" means a two (2)-lane street within a sixty (60)-foot right-of-way with a variable width of thirty-six (36) to forty (40) feet between curb faces. All other roadways which do not fit within the arterial or collector classifications are local streets. The local street system is designed for access to abutting properties and the movement of traffic is of secondary importance.

Street, Major Arterial. "Major arterial street" means a six (6)-lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time, and includes a raised center median to separate opposing traffic flows and restrict access to adjacent properties. Major arterial streets are designed to provide a high level of mobility for very large traffic volumes and generally serve trips of several miles or more, including pass-through traffic. Major arterial streets link major activity centers within the community and provide direct connections to the regional roadway system designation of major arterial streets in the city of La Quinta are set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time. Highway 111 is classified as a major arterial, but has variable right-of-way and improvement widths as set forth in the 2035 General Plan circulation element, as may be amended from time to time.

Street, Primary Arterial. "Primary arterial street" means a four (4)-lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element (as may be amended from time to time), seventy-six (76) to eighty-six (86) feet in width between curb faces, and includes a raised center median to separate opposing traffic flows and restrict access to adjacent properties. The primary arterial is designed to provide mobility for high traffic volumes, to provide continuity through the city, and generally serve trip lengths of one (1) or more miles. Designation of primary arterial streets in the city of La Quinta is set forth in Exhibit II-2 of the 2035 General Plan circulation element (as may be amended from time to time).

Street, Private. "Private street" means a privately maintained street within a private development or a planned residential development.

Street, Secondary Arterial. "Secondary arterial street" means a four (4)-lane street improvement within a right-of-way width as specified in Exhibit II-3 of the 2035 General Plan circulation element, as may be amended from time to time. The secondary arterial is designed for mobility, to provide continuity through the community, and generally serves trips of a mile or more. Secondary arterial streets generally border neighborhoods and offer access as a secondary consideration. Designation of secondary arterial streets in the city of La Quinta is set forth in Exhibit II-2 of the 2035 General Plan circulation element, as may be amended from time to time.

"Subdivision" means the division of any unit or 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. Property shall be considered as contiguous, even if it is separated by roads, streets, utility easements or railroad rights-of-way. This definition also refers to a condominium project, a community apartment project, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in subdivisions (f), (d) and (m) of Section 1351 of the Civil Code.

"Subdivision Map Act" means Section 66410 et seq., of the Government Code of the state of California as may be revised from time to time.

"Substantial conformance" means conformance with a valid and approved tentative map with minor modifications to that map, which include changes to map characteristics such as lot lines, shapes, dimensions, and size; changes to street widths or grades, grading criteria, or pad elevations; and other similar minor changes to map characteristics that do not change the basic design and improvements required pursuant to a valid and approved tentative map and the conditions thereof.

"Tentative map" and "tentative parcel map" mean a map designed to illustrate the concept of a proposed subdivision and how it interfaces with existing conditions and surrounding uses. Tentative maps need not be based upon an accurate or detailed field survey of the property.

"Vesting tentative map" means a tentative map for a residential or commercial subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed.

(Ord. 539 § 1, 2016; Ord. 448 § 1, 2007; Ord. 272 § 1, 1995)

Incomplete Application Sunset Provisions. All subdivision applications which remain incomplete and inactive for a minimum six (6)-month period shall have a written thirty (30) day warning notification forwarded to the applicant by means of certified mail or similar method. If no action is taken by the applicant regarding the application within thirty (30) days thereafter, the application shall automatically be withdrawn and closed.

(Ord. 467 § 1, 2009)