26.20 — TENTATIVE MAP

Each subdivider of either a major subdivision or a parcel split shall file with the planning division such number of copies of the tentative map as may be required from time to time by the city. The planning division shall make available to the subdivider or his representative, a copy of pertinent city regulations and such other instruction sheets providing information relative to the preparation of the tentative map. The time of filing of a tentative map shall be construed to be the time at which the map, together with the required data, is received by the director, all fees have been paid and all procedures under the city rules to implement the California Environmental Quality Act of 1970, including the preparation of a final environmental impact report if required, have been completed. The director shall indicate the date of filing upon all copies of the tentative map and accompanying data. One copy of a preliminary title report on the property to be divided shall accompany the tentative map. The tentative map shall depict the property proposed to be divided and shall further depict all lands in the name of or under option to the subdivider and/or owner of the property proposed to be divided located in the vicinity of the proposed subdivision. (Ord. 125 § 1, 1976, Exhibit A § 26.5-1)

Fees shall be paid in accordance with Chapter 26.36. (Ord. 125 § 1, 1976, Exhibit A § 26.5-2)

The subdivider shall cause the tentative map of the land proposed to be divided to be prepared by a registered civil engineer or licensed land surveyor. (Ord. 125 § 1, 1976, Exhibit A § 26.5-3)

The following information shall be delineated on the tentative map except those items determined by the city staff as not being pertinent to a particular tract:

1. Tract number, title of map, and section description of property;

2. Name and address of owner and subdivider;

3. Name and address of person preparing map;

4. Approximate acreage and overall dimensions;

5. North point, scale and date; minimum scale one hundred feet to one inch;

6. Subdivision boundary line and vicinity map;

7. Names and book and page numbers of adjoining subdivisions;

8. Names, locations and widths of adjacent streets;

9. Identifying landmarks and existing structures, both above and below ground;

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.20.040

§ 26.20.040

10. Names, locations and widths of proposed streets;

11. Approximate grades of proposed and existing streets;

12. Streets and rights-of-way providing legal access to the property;

13. Excavations within two hundred feet of the subdivision;

14. Approximate radii of curves;

15. Widths of alleys and easements;

16. Names of utility companies and location of existing and proposed public utilities;

17. Elevations of sewer at proposed main connections;

18. Existing culverts and drain pipes;

19. Watercourses and channels including existing and proposed facilities for control of storm waters;

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

21. Railroads and other rights-of-way;

22. Lands and parks to be dedicated to public use;

23. Dimension of reservations;

24. Proposed lot lines and approximate dimensions;

25. Adjoining property and lot lines;

26. Setback lines from front streets and side streets (if adjustments are requested);

27. Contours, with maximum interval as follows:

==> picture [401 x 79] intentionally omitted <==

----- Start of picture text -----
Slope (percent) Interval (in feet)
0 - 3 2
3 - 9 5
10 plus 10
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Copies of U.S.G.S. maps are not acceptable.

28. Existing use of property immediately surrounding tract;

29. Proposed land use of all lots (single-family, multifamily, business, industrial);

30. Source of water supply;

31. Method of sewage disposal;

32. Existing zoning and proposed zoning;

33. Name of school district and boundary if within two districts;

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City of Palm Desert, CA

PALM DESERT CODE

§ 26.20.040

§ 26.20.070

34. Names of any special districts serving the proposed subdivision and location of boundary if within area of tentative map;

35. If it is contemplated that the development will proceed by units, the boundaries of such units shall be shown;

36. Two cross-sections of the property at the midpoints. (Ord. 125 § 1, 1976, Exhibit A § 26.5-4)

Reports and written statements on the following matters shall accompany the tentative map unless waived in writing:

• A. Subdivision building or development plan;

• B. Proposed method of control of storm water, including data as to grade and dimensions;

• C. Protective covenants proposed to be recorded;

• D. If private streets are proposed, the method by which their maintenance will be accomplished and financed;

• E. Proposed tree planting;

• F. A written statement from the city health officer stating the type of sewage disposal that will be permitted. To aid in this determination, the city health officer may require soil percolation tests or other pertinent information;

• G. Proposed landscaping and irrigation;

• H. Preliminary soils report and grading plan.

• (Ord. 125 § 1, 1976, Exhibit A § 26.5-5)

The procedures outlined in Sections 26.20.070 through 26.20.100 shall be followed except as they may be mutually modified by the city and applicant.

(Ord. 125 § 1, 1976, Exhibit A § 26.5-6)

Within seven working days of filing of a tentative subdivision map, the director shall transmit the requested number of copies of the map together with accompanying data to such public agencies and public and private utilities as may be concerned. Each of the public agencies and utilities may, within ten days after the map has been received by such agency, forward to the director a written report of its findings and recommendations thereon. Within twenty-five days after submission, the director will hold a conference on the tentative map with the subdivider and the land division committee.

The director shall prepare a written report of recommendations on the tentative map in relation to the requirements of this title and other applicable regulations of the city or public and private utilities and shall submit the same to the commission within thirty days after receipt of the map.

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.20.070

§ 26.20.100

• (Ord. 125 § 1, 1976, Exhibit A § 26.5-6.01)

The land division committee shall make such recommendations to the subdivider as seem proper regarding such tentative map, and shall recommend consultations by the subdivider with such organizations, including public and private utilities as it shall designate and shall report its conclusions and findings in writing to the subdivider within seven days of the conference. This procedure is not required in the processing of a parcel split. However, consultation with the director prior to the preparation of a tentative parcel map is recommended. (Ord. 125 § 1, 1976, Exhibit A § 26.5-6.02)

The commission shall consider the tentative map as submitted by the subdivider together with the recommendations prepared by the director. The director may, with a minimum of three working days' notice, require that all or any part of the boundaries and/or streets of a proposed subdivision be flagged at the site to facilitate any field review of the commission. The commission shall review any tentative map submitted within fifty days after the tentative map has been filed and the resolution shall either approve, conditionally approve, or disapprove said map. The number, size and configuration of lots to be created and the alignment and width of streets and easements shall be depicted upon the tentative map prior to approval by the commission. Conditions to make the map approvable which involve modifications to lots in terms of number, size or configuration, or to streets in terms of alignment or width may be set forth by the commission for the guidance of the subdivider. However, when such conditions are substantial, the land division committee may require that these changes be incorporated upon a revised tentative map and be returned to the director. The director shall have the authority to approve the resubmitted revised tentative map on behalf of the commission if the map is clearly in conformity with the conditions established by the commission. The director may, at his discretion, require that the revised map be submitted to the commission for approval in any instance where the map is not clearly in conformity with such conditions. Any report or recommendation on the tentative map by the staff to the commission shall be in writing and a copy thereof shall be served on the subdivider at least three days prior to any hearing or action on such map by the commission.

(Ord. 125 § 1, 1976, Exhibit A § 26.5-6.03; Ord. 286, 1982)

• A. If the commission finds that the proposed map does not meet the requirements or conditions of this title or the Map Act, it shall disapprove the map. The commission may waive any irregularities in the proposed map if a determination is made that such irregularity is the result of a technical or inadvertent error which does not materially affect the validity of the map.

• B. No map shall be approved unless the commission finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan.

• C. The commission shall deny approval of a tentative map, as required by the Map Act, if it makes any of the following findings:

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City of Palm Desert, CA § 26.20.100

PALM DESERT CODE

§ 26.20.120

1. That the density of the proposed subdivision is not consistent with applicable general and specific plans;

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(Ord. 125 § 1, 1976, Exhibit A § 26.5-6.04; Ord. 286, 1982)

All tentative subdivision maps shall be reviewed by the planning commission at a duly noticed public hearing. Notice for the public hearing shall be mailed to the subdivider and to the owners of all property within three hundred feet of the exterior boundaries of the property involved at least ten days prior to the date of the hearing. The latest equalized county assessment roll shall be used for the notice. Any interested person may appear at such a hearing and shall be heard. (Ord. 125 § 1, 1976, Exhibit A § 26.5-7; Ord. 286, 1982)

The decision of the planning commission shall be final on the sixteenth day following the date of the decision unless an appeal has been filed with or the map has been called up for review by the city council.

(Ord. 286, 1982)

A decision of the planning commission may be appealed to the city council within fifteen days of the date of the decision by filing an application of appeal with the city clerk. The appeal shall be processed in the manner set forth in Chapter 25.86 of the city municipal code. (Ord. 286, 1982)

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.20.120

§ 26.20.150

In approving a tentative map, the commission or council may grant a suspension of any of the subdivision requirements set forth or referred to in this title, except underground facilities which may be waived only by the council; provided such suspensions are not inconsistent with state law. A variance from the lot area, frontage, width, depth and front yard or setback requirements of the various zones set forth in this code, may also be granted by the commission or the council. Any such suspension or variance shall be based upon a sufficient showing that there are special circumstances or conditions affecting the property in question and that such suspension or variance, if granted, will not be materially detrimental to the general welfare of adjacent persons or property, and such other findings for suspension or variance as may be required in other sections of this code. If such suspension or variance is requested, a public hearing shall be conducted as provided in Section 25.86.010 of this code. The time limits established in Section 26.20.070 through 26.20.100 may be extended by mutual consent of the subdivider and the commission or council as appropriate.

(Ord. 125 § 1, 1976, Exhibit A § 26.5-8)

One copy of the map and accompanying data, together with the commission's resolution, any staff reports and a record of the council's resolution with conditions of approval, if any, shall be filed with the director, and retained until recordation of the final map or maps encompassing the total area included in the tentative map.

(Ord. 125 § 1, 1976, Exhibit A § 26.5-9)

• A. Upon written application of the subdivider made within twenty-four months of the approval or conditional approval of the tentative map, the planning commission may grant an extension of time of up to eighteen months for filing of the final map.

• B. All applications shall be filed sufficiently in advance of the expiration date to permit inclusion upon the commission agenda, and to permit commission action prior to such expiration date. At the time of consideration by the council of the extension of the approved tentative map, the commission may hear the testimony of any witnesses interested in the matter. Unless the subdivider and commission agree that additional time is needed for consideration, the commission shall declare its decision within twenty days of the matter appearing on its agenda. The commission may approve, or deny the request for extension.

• C. The responsibility for making timely application for any extension shall remain entirely with the subdivider, and the city assumes no obligations to notify the subdivider that any tentative map or extension thereof is about to expire.

• (Ord. 125 § 1, 1976, Exhibit A § 26.5-10; Ord. 286, 1982)

Upon written application of the subdivider made within eighteen months of a time extension granted under Section 26.20.140 an additional extension of time of up to twelve months for the filing of a final map may be granted by the commission. The procedures set forth in Section 26.20.140 shall be used in processing the additional time extension request. (Ord. 286, 1982)

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City of Palm Desert, CA § 26.20.150

PALM DESERT CODE

§ 26.20.150

Any revised tentative map shall comply with all the provisions of the Map Act and this title in effect at the time the revised map is approved. Proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map. The approval or conditional approval of a revised tentative map shall annul approval of the previous tentative map, but the approval thereof shall not extend the time within which the final map may be filed. (Ord. 125 § 1, 1976, Exhibit A § 26.5-11)

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City of Palm Desert, CA

SUBDIVISIONS

§ 26.24.010

§ 26.24.040

CHAPTER 26.24 FINAL MAP