La Quinta Municipal Code Ch. 13.12 Tentative Subdivision Maps

Tentative subdivision maps provide a means for obtaining review and approval of proposed land divisions. Tentative maps shall be prepared and approved in accordance with the Subdivision Map Act and the provisions of this chapter.

(Ord. 272 § 1, 1995)

A tentative map shall be required for all subdivision, reconfiguration and consolidation of real property for which a final map, parcel map or waiver of parcel map is required.

(Ord. 272 § 1, 1995)

A tentative map shall not be required in the following circumstances:

A. Subdivision of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code. The lease can be terminated by either party on not more than thirty (30) days notice, in writing;

B. Land conveyed to or from a governmental agency, public entity, public utility, or land conveyed to a subsidiary of a public utility for conveyance to that public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this section, land conveyed to or from a governmental agency shall include a fee interest, an easement or a license;

C. Lot line adjustments or parcel mergers, as provided for in Chapters 13.32 and 13.36, respectively.

(Ord. 272 § 1, 1995)

Tentative maps shall be filed with the design and development department. The city may by resolution establish a filing fee schedule for the processing of final maps.

(Ord. 539 § 3, 2016; Ord. 272 § 1, 1995)

The following application materials shall be submitted with each proposed subdivision:

A. The city tentative subdivision map application form;

B. A public notification package must be submitted to the planning division and shall include a scaled map or county assessor's map showing all properties within a minimum five hundred (500)-foot radius of subject property, a typed list of all property owners and their mailing address within a five hundred (500)-foot radius, and all residents/tenants of said properties, and a typed list of the residents that reside contiguous to the subject property. The package shall include three (3) sets of typed, self-adhesive, address labels for the above property owners and residents, as well as application contact persons. The list and map must be prepared with a wet signed or notarized certification by a title company, the Riverside County assessor, or a licensed architect, engineer, or surveyor.

C. A completed copy of the city environmental information form and environmental filing fee, if the tentative map is determined to be subject to CEQA.

D. The requisite number of copies of the tentative map (as stated in the application requirements form), folded appropriately to a size not exceeding eight and one-half (8½) inches by eleven (11) inches, with two (2) reduced reproducible originals not exceeding eight and one-half (8½) inches by eleven (11) inches in size;

E. A preliminary title report prepared and dated no more than ninety (90) days prior to submission of the application;

F. A drainage report describing the on- and off-site drainage characteristics, the amount of stormwater falling within the development and the proposed method of retaining that stormwater, and the amount and nature of historic inflow from other properties and the proposed method of retaining or passing through the inflow;

G. The following additional documentation and special studies may be required:

1. Historical, paleontological and/or archaeological study,

2. Biological study,

3. Traffic study,

4. Geologic and/or soils study,

5. Water Quality Management Plan (WQMP).

This list is not all inclusive, and any other special studies required will be determined by city staff on a case-by-case basis.

(Ord. 539 § 3, 2016; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

Tentative map numbers shall be obtained from the county of Riverside. If a tentative map expires subsequent to recordation of one (1) or more final map phases, a new tentative map number shall be required for any future filings on the remaining property.

(Ord. 295 § 1, 1997)

Each tentative and vesting tentative map, reversion to acreage map and waiver of parcel map shall contain the following information:

A. A title block shall be placed in the lower right-hand corner of the map which identifies the following information at a glance when folded:

1. Map number (obtained from the county of Riverside) and type of map such as a tentative map or reversion to acreage;

2. Assessors parcel number(s) and legal description of property. A description from the property grant deed is adequate;

3. Name, address and telephone number of property owner, land divider and individual/company responsible for preparing the map.

B. If tentative maps are phased with multiple final maps, final map numbers, including that for the final phase, shall include the phase number.

C. The following items shall be placed on the map exhibit:

1. Identification of adjacent or contiguous property if owned by the property owner or land divider;

2. Approximate acreage and boundary dimensions of the property;

3. North arrow, scale, date of map preparation and vicinity map;

4. Name, location, and width of adjacent existing and proposed rights-of-way;

5. Existing and proposed improvements to adjacent and proposed streets, alleys, railroads, easements and known or existing structures above and below ground;

6. Approximate street grades and curve radii;

7. Names of utility purveyors;

8. Identification of existing and proposed water/drainage courses, channels, and other facilities for control of stormwater flows;

9. Land subject to overflow, inundation or flood hazard;

10. Land or rights-of-way to be dedicated to public use;

11. Common areas and open space;

12. Proposed lot lines and approximate dimensions;

13. Adjoining property and lot lines including zoning and current usage;

14. Existing contours, on-site and off-site, in the following intervals:

Contours for adjacent property shall be shown to the radius distance from the property as listed below:

15. If the site gradient exceeds five percent (5%) or more, as measured between natural contours, for at least twenty-five percent (25%) of the site area, the following additional information shall be provided:

a. The proposed cuts and fills,

b. The elevations of all proposed individual building pads in the proposed subdivision,

c. The proposed elevations at the perimeter of the subdivision.

(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to that public utility for right-of-way shall not be considered a division of land for purposes of computing the number of parcels. For purposes of this section, any conveyance of land to a governmental agency shall consist of a fee interest, an easement or a license.

(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

The review and distribution procedures for subdivision maps filed with the planning department shall be as follows:

A. Environmental Review. Within thirty (30) days of acceptance of a subdivision application filing as complete, the city shall complete an initial study of the project's potential environmental impacts. Within this time period the city shall determine the appropriate type of environmental review.

The city may request the preparation of additional studies to respond to issues raised during the review of the tentative map and preparation of the initial study. Once required studies have been completed and/or the city has determined the appropriate environmental action, the planning department shall prepare and distribute the proper environmental notice.

B. During the thirty (30) day environmental review period, the planning department will distribute copies of the proposed tentative map to the appropriate departments and responsible agencies, as determined on a case-by-case basis. An agency transmittal listing shall be maintained by the planning department.

The planning department shall request that the agencies identified to receive transmittal of a tentative map for their review return any comments and/or conditions within fourteen (14) days, unless environmental or other requirements dictate a longer review period.

All comments received will be considered during review of the tentative map and preparation of any environmental documentation, but are not binding on the city. The city will consider a tentative map as acceptable to an agency if its comments are not received within the designated agency review period.

(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

A. Public Notice. Public hearings shall be held on tentative maps as set forth in Table 13-1. Notice of such hearings shall be published at least one (1) time not less than ten (10) days before the date of the public hearing. The notice shall include the following information:

1. The time and place of the public hearing;

2. The hearing body or officer;

3. A general explanation of the matter to be considered;

4. A general description of the property in text or diagrammatic form;

5. Map preparer/subdivider representative.

B. Specific Hearing Notification. Notices of public hearings shall be mailed or delivered to the following people/entities at least ten (10) days prior to the hearing:

1. Either the owner of the subject property or the owner's duly authorized agent;

2. The project subdivider;

3. Each agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

4. All owners of real property within five hundred (500) feet of the property in question, as shown on the latest updated equalized assessment roll.

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 539 § 3, 2016; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

If the city engineer determines that public access rights to proposed street rights-of-way shown on the tentative map are necessary prior to approval of final maps dedicating the rights-of-way, the developer shall grant temporary public access easements to those areas within sixty (60) days of written request by the city.

(Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

A revised tentative map may be filed for an approved tentative map, where 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.

A. The city manager or designee shall determine whether the proposed revisions to the tentative map substantially conform to the original concept of the approved tentative map.

B. A revised tentative map shall comply with the provisions of the Subdivision Map Act and all applicable provisions of the La Quinta Municipal Code in effect at the time of approval of the revised tentative map.

C. A revised tentative map shall be processed in the same manner as an initial tentative map proposal, with the exception of any procedures determined to be inapplicable.

D. The approval or conditional approval of a revised tentative map shall terminate approval of the original tentative map. However, the revised tentative map approval or conditional approval shall not extend the original time period within which the final map may be filed.

(Ord. 539 § 3, 2016; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

A tentative map shall be approved by the city only if the city makes all of the following findings:

A. The proposed map or vesting map is consistent with the city general plan and any applicable specific plans.

B. The design or improvement of the proposed subdivision is consistent with the city general plan and any applicable specific plans.

C. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat.

D. The design of the subdivision or type of improvements are not likely to cause serious public health problems.

E. The site of the proposed subdivision is physically suitable for the type of development and proposed density of development.

F. The proposed subdivision is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act.

G. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

(Ord. 467 § 1, 2009; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

A. Persons Who May Appeal. A subdivider or any other interested party may appeal a decision of the city manager or designee, or a decision of the planning commission, by using the following procedures:

1. Appeal of City Manager or Designee Decision to the Planning Commission. The city manager or designee's decision may be appealed to the planning commission pursuant to Section 9.200.110 of this code.

2. Appeal of the Planning Commission Decision to the City Council. The planning commission's decision may be appealed to the city council pursuant to Chapter 2.04 of this code.

B. Call-Up Review. For purposes of this section, the "board of appeals" shall be the planning commission for decisions appealed to the planning commission and shall be the city council for decisions appealed to the city council. The board of appeals, on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the city manager or designee or a decision of the planning commission regarding the action taken on a subdivision. A request for call-up review shall be initiated by a member of a board of appeals delivering written request for call-up review to the city manager or designee within fifteen (15) calendar days of the date on which the decision of the city manager or designee or the planning commission (as applicable) was rendered. Upon timely receipt of the request for call-up review, the city manager or designee shall schedule as an agenda item at the next regular meeting of the board of appeals, on which the member calling up review is seated, the question whether an appeal shall be considered for the decision subject to call-up review. If the next regular meeting of the board of appeals is cancelled, the city manager or designee shall reschedule the question whether an appeal shall be considered at the next regular meeting that is not cancelled. No appeal may be heard on a decision subject to call-up review unless a majority of the membership of the board of appeals votes to approve the consideration of the appeal. The board of appeals shall consider the appeal that was subject to call-up review not later than forty-five (45) days after the board of appeals votes to approve consideration of the appeal. An appeal may be heard and decided at the same meeting at which the majority of the membership voted to approve the call-up review, provided no applicable law would be violated if the hearing of an appeal occurs at the same meeting. A member of the city council may initiate the call-up review process for a decision by the city manager or designee, without the need for review of that decision by the planning commission, in which case an appeal of the decision subject to call-up review may be considered directly by the city council if a majority of the membership of the city council vote to approve the consideration of the appeal pursuant to this section.

C. Concurrent Appeals. An appeal of a decision, including call-up review, pursuant to this section may be processed concurrently with any appeal of a decision brought pursuant to Section 9.200.110, as may be amended from time to time.

(Ord. 564 § 1, 2017; Ord. 539 § 3, 2016; Ord. 356 § 1, 2000; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

Pursuant to Section 66452.6(a)(1) of the California Government Code, the approval or conditional approval of a tentative map by the approving authority shall expire thirty-six (36) months after such approval.

(Ord. 584 § 2, 2020; Ord. 539 § 3, 2016; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

The expiration of an approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the city council without first processing a new tentative map. The initial three (3)-year term of tentative maps may be extended as follows:

A. Nothing in this chapter shall preclude or otherwise disallow any automatic time extension which may be granted by the state of California, for any approved tentative map meeting the criteria for such an extension. Any automatic extension shall run from the expiration date of the qualifying map, and shall be in addition to any remaining extensions available under this chapter.

B. Request by the Subdivider. Before the expiration of the tentative map, the subdivider may apply for an extension of time. Applications for extensions of time shall be filed with the design and development department. All requests for extensions of time shall include:

1. A completed application form;

2. An identification of the length of time requested and reason(s) for the request;

3. The current processing fee as charged by the city for tentative map time extensions;

4. The requisite number of copies of the tentative map as required by the application. The tentative map shall be as approved by the approval authority. Additional copies may be requested subsequent to the application submittal.

The approval authority may grant a maximum of six (6) one-year time extensions. The extension may be granted for any period of time, from one (1) year up to the maximum of six (6) years. The approval authority shall impose additional conditions of approval if such conditions are intended to maintain the public health, safety and welfare and/or to comply with current city, state or federal requirements.

Extensions of time may be granted by the city manager or designee if there are no changes to the approved tentative map. The city manager or designee may waive some or all submittal material as noted in subsections (B)(1) through (4) of this section. Extensions of time that include changes to the approved tentative map are subject to the public notification procedure provided for in Section 13.12.090 and will be considered at a public hearing, to be held by the designated approval authority as set forth in Section 13.04.060. The city manager or designee may grant extensions in two (2)-year increments.

If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the approval authority may impose other conditions or amendments to the tentative map or the conditions of approval including the then-current standards and requirements for approval of tentative maps.

C. Filing of Final Maps/Off-Site Improvements. If a subdivider is required to expend the amount specified in Section 66453.6 of the Government Code to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 of the Government Code shall extend the expiration of the approved tentative map by thirty-six (36) months from the date of its expiration or the date of a previously filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten (10) years from its approval.

D. Development Agreements, Moratoriums, Lawsuits, Etc. Additional factors affecting the term of approved tentative maps, and information for the proper construction of the provisions of subsections A through C of this section shall be as specified in Section 66452.6 of the Government Code.

(Ord. 562 § 1, 2017; Ord. 539 § 3, 2016; Ord. 394 § 2, 2003; Ord. 295 § 1, 1997; Ord. 272 § 1, 1995)

The process and criteria for substantial conformance determinations with an approved tentative map are at the discretion of the city manager or designee, based on the definition set forth in Section 13.04.070. Requests for substantial conformance determinations shall be filed with the design and development department in the format and with the information as may be required by the city manager or designee in order to adequately review and decide on the request. As part of the review, the city manager or designee shall transmit a copy of the request to the planning division for comment, as to zoning conformance with the approved tentative map.

(Ord. 539 § 3, 2016)