Chapter 26.04 — GENERAL PROVISIONS

This title 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 title 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.

(Ord. 125 § 1, 1976, Exhibit A § 26.1-1)

The purpose of this title 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 title as well as the regulations contained in this title 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 when land is to be divided into five or more parcels, or a parcel map where land is to be divided into less than five parcels in conformity with the authorization of the State Subdivision Map Act, with the exception of those divisions of land as set forth in this title. 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 hereafter 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.

(Ord. 125 § 1, 1976, Exhibit A § 26.1-2)

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.08.010

§ 26.08.090

CHAPTER 26.08 DEFINITIONS

Subarticle I Definitions—Generally

Whenever any words or phrases used in this title 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 25, such definitions are incorporated in this title and shall apply to such words and phrases used in this title as though set forth in full, unless the context clearly indicates a contrary intention. (Ord. 125 § 1, 1976, Exhibit A § 26.2)

"Alley" means a street providing only secondary access to abutting property. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"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. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"City engineer" means the city engineer of the city or his duly authorized representative. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"City manager" means the city manager of the city or his duly authorized representative. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Commission" means the planning commission of the city. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"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. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"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. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.08.090

§ 26.08.170

"Director" means the director of environmental services of the city or his authorized representative.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Final subdivision map" or "final map" means a map prepared in accordance with the provisions of this title and the Subdivision Map Act for a subdivision of five or more parcels, which map is designed to be placed on record in the office of the Riverside County recorder. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Freeway," "major road," and "arterial road" mean any vehicular route so designated on the general plan and shall be for the purpose of collecting and carrying large volumes of traffic. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"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. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"General plan" means the general plan of the city, adopted January 20, 1975, and any amendments thereto.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Grading ordinance" means Title 27 of this code.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Improvement" shall be as defined in the Subdivision Map Act of the state. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Land division committee" means a body comprised of the director of environmental services, city building official, city engineer or representative, fire marshal, and a representative of the Coachella Valley County water district.

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City of Palm Desert, CA

PALM DESERT CODE

§ 26.08.170

§ 26.08.260

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Land project" means a land division as defined in Section 11000.5 of the Business and Professions Code.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"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 June 24, 1976, or as subsequently created in accordance with this title. The term "lot" further includes any parcel which, at the time of annexation to the city, is a parcel of record.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Map act" means the Subdivision Map Act of the state. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"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.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"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.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"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. (Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.08.260

§ 26.08.290

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Subdivider" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity or assignee commencing proceedings under this title, to cause land to be divided into two or more parcels for himself 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.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

"Zoning ordinance" means Title 25 of this code.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-1 (part))

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.08.300

§ 26.08.370

Subarticle II Definitions—Street and Highway Details

"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 part-width dedicated street or other public right-of-way.

(Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

"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. (Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

"Pedestrian way" means a right-of-way designated for use by pedestrians and not intended for use by vehicles of any kind. A pedestrian way may be located within or without a street right-ofway, at grade, or grade separated from vehicular traffic. (Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

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

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.08.370

§ 26.08.400

(Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

"Roadbed" means that portion of the roadway extending from curb face to curb face or to outside line of improved shoulders. Divided highways shall be considered as having two roadbeds. (Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

"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. (Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part)

"Subdivision" means the definition provided in Section 66424 of the Government Code of the State of California as the same exists or may hereafter be amended. (Ord. 1140 § 2, 2007)

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

(Ord. 125 § 1, 1976, Exhibit A § 26.2-2 (part))

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.12.010

§ 26.12.040

CHAPTER 26.12 GENERAL REQUIREMENTS

The subdivider shall adhere to the criteria set out in Sections 26.12.020 through 26.12.050 in the processing of a major subdivision or a parcel split for the division of land, as more specifically defined in this title or other provisions of this code and the State Map Act. (Ord. 125 § 1, 1976, Exhibit A § 26.3-1)

The 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 25 of this code.

(Ord. 125 § 1, 1976, Exhibit A § 26.3-2)

• 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 right-of-way or easements shall be provided where necessary to accommodate roadway 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.

• 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;

  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.

• (Ord. 125 § 1, 1976, Exhibit A § 26.3-3)

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.12.040

§ 26.12.050

The subdivision procedures contained in this title 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 title 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 such 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 title, require that land be dedicated or fees be levied to accomplish this purpose.

(Ord. 125 § 1, 1976, Exhibit A § 26.3-4)

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.

(Ord. 125 § 1, 1976, Exhibit A § 26.3-5)

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.16.010

§ 26.16.060