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HomeMy WebLinkAboutORD 125ORDINANCE NO. 125 All OROINMICE OF TK CITY OF PAIN DESERT, CALIFORNIA, ADOPTING CNAPTER 26, OF TiIE PAIN DESERT MUNICIPAL CODE; TK SUBDIVISION OMINIYICE. TM City Council of the City of Palm Desert, California, DOES NEREST ORDAIN as follows: SECTION 1: Exhibit "A", attached hereto, and all revisions thereto, labeled Exhibit 680, are hereby adopted as Chapter 26 of the Palm Oesert'Nunicipai Code. SSMION 2: Portions of City Ordinance No. 1 are hereby repealed tMt reference County Ordinance No. 460. SECTION 3: The City Clerk of the City of Palm Desert, California, is hereby directed to cause this Ordinance to be published within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after adoption. PASSED, APPROVED, and ADOPTED this 24th day of June , 1976, by the following vote:: AYES: McPherson, Mullins, Newbrander, Seidler 5 Brush NOES: None ASSENT: None ABSTAIN: None X17EST: WMET L.-MMMRT[ City Clark City of Pals Desert, California i 0 E HEARING DRAFT SUBDIVISION ORDINANCE PALM DESERT, CALIFORNIA ORDINANCE NO. 225 MIBIT "A" Approved by Planning Commissions April 13, 1970 Revised by City Smaineerl June d, 1976 Uftlt at can?" f�tA M 16 3M VISION OF LAND ARTICIA 26.1 OMRAL PROVISIONS Authority Purpose and Intent A"t= 16.2 DEFINITIONS OF 11ORDS AND PHRASES General Definitions Street and Highway Details Definitions ARTICLE 26.3 GENERAL REQUIREMENTS Criteria for the Division and Development of Land Pursuant to this Chapter General Plan and Zoning Ordinance General Strent.Design Providing Community Facilities Necessi- tated by the Land Division and Development of Land Private Streets ARTICLE 26.4 SUBDIVISION PROCESSING: GENERAL RESPONSIBILITIES Individual Responsibilities Reserved Reserved Filing of Maps Required Failure to Comply; Illegal Division of Land Filing Map Subsequent to Division Subdivisions Prior to Annexation Restraint of Land Division or Sale in Violation of this Article Severability; Existing Law Continued ARTICLE 26.5 TENTATIVE MAP Filing Fees Preparation Required Ma Format and Content Supplemental Information Procedure: Generally Public Hearing for Both the Planning Commission and the City Council Suspension of Requirements: Variance or Adjustment Retention in Files Extension of Time Revised Tentative Maps ARTICLE 26.6 FILIAL MAP Filing Documents to be Filed with Map Agreement and Security Instruments Deeds and Easements Certificate Regarding Tax Lion Improvement Coots Engineer's Est to of ARTICLE 26.7 FINAL MAP PROCESSING Approval by the City Approvaliboeyi City Council Record PBPe 26.1(1) 26.141) 26.1 1 26.2(]) 26.2(1) 26.2 4) 26.3(1) 26.3(1) 26.3 1 26.3(1) 26.3(2) 26.3(2) 26.4(1) 26.4(1) 26.4(1) 26.4(1) 26.4(1) 26.4(2) 26.4(2) 26.4(3) 26.4(3) 26.4(3) 26.5(1) 26.5(1) 26.5(1) 26.5(1) 26.5 1 26.5 3) 26.5(3) 26.5(6) 26.5(7) 26.5 7) 26.5 7) 26.5 8 26.6(1) 26.6 1 26.6 1 26.6 2 26.6 2 26.6 3 26.6 3 26.7(1) 26.7(1j 26.7 1 26.7 2 yy,1 Eno INAL MAP 26,a(1) General 26.a 1 Si:!,Material, Scale 26.8 1 Title 26.8 1 Map Notes 26.8 2 Coordinate System 26,8 2 Subdivision Boundary 26,8 2 Dimensions Bearings, Curve Data 26.8(2 26.8(3 Lots and Biocks Streets 26.S O Easements 26.8 3 Monuments 26,8- 4 Title Sheet 26,8(4) Certificates and Acknowledgements 26.8(5) Wells 26.8(5) ARTICLE 26.9 PUBLIC IMPROVEMENT REQUIREMENTS 26.9(1) Requirements Before Commencing Work on Improvements 26.9(1) Plans and Specifications 26.9(1) Improvement Agreement 26.9(1) Security Arrangements for Completion of Improvements 26.9(1) Types of Surety 26.9(2) Reserved 26.9(3) Reserved 26.9(3) Endorsement of Certificates 26.9(3) Applicability to Parcel Splits 26.9(3) Compliance Required 26.9(3) Special Permits Issued to do Work 26.9(3) Release of Improvemeent Security: Maintenance Bond 26.9(4) ARTICLE 26.10 PARCEL SPLITS 26.10(1) General 26.10(2) Tentative Map 26.10(1) Improvements and Dedication 2610(1) Parcel Map 26:10 2) Building Permits Prohibition 26.10(2) Dedication of Land for Recreational Facilities 26.10(2) Lot Line Adjustment 26.10(2) Appeal to the City Council 26.10(3) ARTICLE 26.11 DEPOSITS AND FEES 26.11(1) Feess General 26.11(1) Ma s and Plans 26,11(1) 26.11(I) Public Work• Inspection Grading 26.11(1) Termination of Work 26,11 2 Recording 26.11(2 rose; Special 26.11(2 ARTICLE 26.12 LAND DIVISION DESIGN REQUIREMENTS 26.12(1) General 26,12(1) Access to Public 8treets 26,12 1 ARTICLE 26.13 LAND DIVISION DESIGN STANDARDS 26.13(1) Streats Standards 26.13(1) Hillside Subdivisions and Planned Unit Developments 26.13 5 Atlas Ma p• pasaments 26.13 6 Utility 26.13 6 Lot Standards 26.13 6 Block Dan 26.13 7 lion-Resideesintial Subdivisions 26,13 7 J. CRAPM 86 4qf IVIBION Oh I A140 AR['tt:4k "A -UnRAL phbViBitfNs see. id.l-1 uthotit This Ordinance is onaeted pursuant to the authority granted by section 6"11 of the Government Code of the State of California and is accordance with the limitations of Section 11 of Article XI of the Constitution of the State of California, the general laws of the state of California and Section 66410 et soq. of the Government Code of the State of California known as the Subdivision Map Act. The provisions of this Ordinance are in addition to the fegulations of said Subdivision Map Act and are supplemental thereto, consistent with, and not in conflict with the provisions of•said act. Sec. 26.1-2 Purpose and Intent The purpose of this Chapter is to control and regulate the division or consolidation of land within the City of Palm Desert as well as such land as may be hereafter annexed to the City of Palm Desert and to provide for a clear and expeditious procedure for this purpose. Said rules and regulations adopted pursuant to this Chapter as well as the regulations contained herein 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 require - mats for the recordation of a final map when land is to be divided into five (b) or more parcels, or a parcel map where land is to be divided into less than five (5) parcels in conformity with the auth- orisation of the State Subdivision Map Act, with the exception of those divisions of land as set forth herein. 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 of Palm Desert; to require the subdivider to do the oilginal work vi placing public streets and all other improvements in a proper. condition before the maintenance thereof is takes over by the City of Palm Desert or other appropriate agency, and to relieve the taxpayers of the City to this 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 28.1(1) peepse.eeraidaretter of its selation to adjoining areas and the y W" 'effeet said subdivision would have on such aressl to require the esta►liehsent of open spaces and recreational areas in accordance with tales 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 arms 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 bean declared to be the public policy of the State of California; and to preserve the health, safety, welfare and amenities of the City of Pals Desert. ' =:; r A112CU It.I WIN 1Y'IONS 0l�MOltb9 AND P RARKS Vhenaet any words or phrases used in this Chapter are not defined herein, but are defined in the Covarnment Code of the State of California, or in the Zoning Ordinance of tha*City of Palm Desert. each definitions are incorporated herein and shall apply to such words and phrases used herein as though not forth herein In full. unless the context clearly indicates a contrary intention. Sec. 26.2-1 Ceneral Definitions "Alley" shall mean a street providing only secondary access to abutting property. "Block" shall mean 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. "City" shall mean the City of Palm Desert. "City Engineer" shall mean the City Engineer of the City of Palm Desert or his duly authorized representative. "City Manager" shall mean the City Manager of the City of Palm Desert or his duly authorized representative. Q"Commission" shall mean the Planning Commission of the City of Palm Desert. "Contiguous Units" shall mean adjacent parcels of land, which shall be considered continguous even if separated by roads, streets, utility easements or railroad rights -of -way. "Council" shall mean the City Council of the City..of Palm Desert. "Cur -de -sac" shall mean a street open at one end only, and providing at the other and special fac4lities for the turning around of vehicular traffic. "Director" shall Wean the Director of Environmental Services of the City of Palm Desert or his authorised representative. "Final Subdivision Mao" or "Final Mav" shall mean a map pre- pared in accordance with the provisions of this Ordinance and the Babdi-►ision Map Act of the Stats of California 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. "�Wor_ltwd" and "Arterial Road" shall mean any va dtular rente se designated on the Generat•plan and shall be for tAe purpose of collecting and carrying large volin+es•of traffic. ;:. "lreatase Road" shall Mean a street contiguous to a freeway, ejor road, or arterial road, separated therefrom by a dividing strip and providing access to abutting property. "General Plan" shall mean the General ,Plan of the City of ,Pala Desert, adopted January -20. 1975, and any amendments thereto. "Gradintt Ordinance" shall mean Chapter 27 of the Palm Desert Municipal Code. "Improvement" shall be as defined in the Subdivision Map Act of the State of California. "Improvement Standards" means the standards adopted by the City of Palm Desert regulating the development of land sit a sub- division. "Land Division Committee" shall mean 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. "Land Project" means a land division as defined in Section 11000.5 of the Business and Professions Code. "Lot" shall mean a recorded parcel or portion of land separ- ated from other parcels or portions by description, as on a sub- division map, record of survey map. parcel map, or by metes and bounds for purpose of sale, lease or separate use as of the effective date of this Ordinance or as subsequently created in accordance with this Ordinance. The term "lot" shall further Include any parcel which, at the time of annexation to the City of Pals Desert, is a parcel of record. "Maior Subdivision" shall mean any real property, improved or unistproved, or portion thereof shown on the latest adopted Riverside County Tax roll as a unit or as contiguous units which is divided for the purpose of sale, lease or financing, whether Immediate or future, by any subdivider, into five (5) or more par- cels. Any division made solely for the purpose of street widening shall not be a subdivision, nor shall any land given under eminent dowin proceedings or threat thereof. 26.2(2) l "Ma�,_Att shall Man the Subdivision Hap Act of the State of Caltfornia. "Minos tie" meant a modification of an approved tentative sup that involves a change of lot lines, lot shape,.lot dimensions. street alignment width or grade. grading proposals or other elmets that do not change the overall concept of the project. "Parcel Split" shall mean 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 is divided, consolidated or rearranged for the purpose of sale, lease or finan- cing, whether immediate or future. by any land division, into four (4) or less parcels, or the division of land into any number of parcels where a Parcel Hap is required by the Map Act. "Parcel Split" shall not include those items specifically excluded by the Nap Act. "Lot Line Adjustment" shall mean the process for relocation of an existing lot line between two existing parcels if no additional parcels are created. "Planned Unit Development" shall mean 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. "Standard Specifications" shall mean standard specifications and standard drawings adopted by the City of Palm Desert. "Subdivider" shall mean any individual, firm, association, syndicate. co -partnership, corporation. trust or any other legal entity or assignee commencing proceedings under this Ordinance, to cause land to be divided into two or more parcels for himself or for another and while used here in masculine gander and singular number, it shall be deemed to mean and include the feminine or neater Sender and plural number shenever required. "Subdivider's Engineer" shall mean any individual or firm retained by the subdivider, and who is duly qualified to perform tbs necessary duties of engineering. "Mining Order" shall mean Chapter 25 os the Palm Desert Municipal Code. 26.20) 41, T , fen. lS.t"t Parma and MILIMy Details Definitions "Barrie! Strib" shall mean a strip of land one (1) 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. "gieycle May" shall mean an area within the right-of-way of a dedicated street or easement. where bicycle travel is the designated use. "Median" shall mean that portion of a divided highway separ- ating the traveled -way for traffic in opposite directions. "Outer Separation" shall.mean the area between the traveled - ways of a highway for through traffie'and a frontage road or ser- vice road. "Partial -Width Street" shall mean any street the improved width of which is less than the width necessary for a normal full -width street. "Pedestrian Way" shall mean 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 light -of -way. at grade. or grade separated from'vehicular traffic. "kistht-of-Way" shall mean the entire width of property designated for the use of highways. flood and drainage works, overhead and underground utilities, or any related improvements. "Roadbed" shall mean 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. "Parkway" shall mean 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. Roadway" shall wean that portion of the highway including roadbed, all slopes, side ditches, channels, waterways and all othev related facilities which are located within a road fright -of -way. . "Trav_eled—Yak" shall swan that portion of the roadway for the wovawent of vehicles, exclusive of shoulder and auxiliary lanes. ARMA 2e.! WERAy„R19gRJlItlSllklfl'S ft*4 66.6-1 Criteria or the 010 nion and bevel - tNont o! Land .11rbuant to this Chapter Tbe subdivider shall adhere to the following criteria in the processing of a Major subdiviRinn or a parcel split for the division of land, as more specifically definod in this Chapter or other provisions of the City Coda of the City and the State Map Act. Sec. 26.3-2 General plan and Zonintt Ordinance 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 said General Plan. All land shall be subdivided and developed in accordance with the provisions and regulations of the Zoning Ordinance of the City. Sec. 26.3-3 General Street Design Q .01 The street system in the proposed land division shall relate, in general, to the existing streets in the area adjoining the proposed land division. .02 The proposed street hystem shall give consideration to the future land division of adjoining undivided property. .03 All street design shall consider access serving the existing or proposed use of abutting land. .04 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. .Os All streets shall be located along the boundaries of parcels and shall not divide a parcel. .06 Access to private property along freeways, expressways, arterial•bigbways, major highways and secondary highways as designated -la the General Plan shall be provided by one of the following: a. A frontage road or service road; b. An interior streets s. Cul-de-sac street entered from a street other than a freeway, expressway, arterial, major or secondary highway. 26.3(l) a %of. dssige a; stints shall make provinion for railroads, .:'ems• Mgt r"sW4s0'trade separations, flood control channels, prevailing geological conditions and local drainage facilities. .OS Dead-end streete shall be so designed that acoven to L: abutting property shall be physically possible. Sea. 26.3-4 providing unite Facilities Necessitated bythe Land Division and bevelonment of Land The Subdivision procedures contained in this Chapter and other requirements and regulations adopted by ordinance and incor- porated in this Code or by Resolution of the Council may provide necessary land and development thereof for parks, open space, play- grounds and otherrequired public facilities sorving said subdivision. This Chapter 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 accom- plished 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 herein, to per - sit the acquisition by the appropriate public agency of said land for open space, parks, playgrounds and other public purposes. The Council may, under such conditons and circumstances as provided In this Chapter, require that land be dedicated or fees be levied to accomplish this purpose. See. 26.3-5 Private Streets Private streets war be permitted if it is determined that there is adequate provision for their construction and continued mistenasee; 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. 26.3(2) AWMA 86.4 00 rIllty0 �ROCRUIN(i' d MR& 11MrOpSIHILITIRS Sm. i0.4.1 individual Radronsibilitleis .01 �lubdi<�ider fte subdivider shall cause to be prepared saps consistent with the design standards contained heroin and accomplish improve - onto consistent with the improvement standards of the City and shall process said maps in accordance with the regulations not forth herein. Subdivider shall fully cooperate in the provision and development of areas for required public facilities. .02 Director of Environmental Services The Director shall process tentative maps and shall stamp on the naps the date and time received and be responsible for the review, the expeditious processing and analysis of the planning aspect of tentative asps and prompt referral therof to other governmental boards, bureaus and agencies and affected utility companies, both public and private. .03 City Engineer He shall be responsible for acknowledging receipt of 8 final saps and reporting to the Council as to whether the proposed improvements are consistent with the regulations contained herein. .04 Planning Commission The Commission shall act as the "advisory agency" to the Council, and is charged with the duty of making investigations sad reports on the design and improvement of proposed subdivisions and the conformance of such subdivisions with the General Plan and this Chapter. The Commission shall report its actions and recommendations concerning the tentative map by resolutions to the Council with a copy to the subdivider. The Council shall act by Resolution thereon and report its action to the subdivider. For Parcel splits the Commission shall report directly to the sub- divider. fec. 20.4-2 (Reserved) fee. 20.44 (Reserved) See. 00.4-4 Filing of Ways_NMyIred TAe subdivider shall file a tentative map in the case of a 26.4(1) see"Visiea Or a parcel split with the Planning Division n . _ s"v t►s previded is this Chapter, shall procure the recordation X rggpv tively of a Vaal subdivision map or a parcel mnp with the Ce�aaty 1&.*order which shall, In all respects, be in full eompli- .`r. aaee with the provisions of this Chapter. See. ".4-5 Failutrto.Complyt Illegal Division of Land Those parcels of land which are created contrary to the ph" visions of this Chapter shall not constitute legal building sites and so permit shall be issued for the installation of fixtures or equipment or for the erection, construction, conversion, estab- lishment, alteration or enlargement of any building, structure or improvement thereon unless and until a map as required by Section 26.4-4 herein shall have been filed, approved in accord- ance with the requirements of this Chapter, and recorded, and any person who divides or causes to be divided land without complying in all respects with the provisions of this Chapter shall be sub- ject to prosecution for a misdemeanor as defined hereinafter. Any contract to sell, sale or deed of conveyance made contrary to the provisions of this Chapter is a misdemeanor, and any person, firm or corporation, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00), or imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Sea. 26.4-6 Filing May Subsequent to Division Maps may be filed for non -complying subdivisoos and to revert previously divided land to acreage in the following manner: .01 The purchaser, or his successor in interest, of a lot wbich is the result of a division of land that is in violation with the provisions of this Chapter may file a major subdivision or par- eal split as required in sections 26.4-4 and 26.4-5 herein, which shallco.Wly in all respects with the provisions of this Article. .02 Previously subdivided land may be reverted to acreage I* accordance with the procedures continued in Chapter 6, Article i of the No Act, proceedings for reversion may be initiated by Md Council at the request of the land owner or by petition of }}� of the owners of record of the real property to be reverted to 26.4(2) yx :i -:> *Or 14"i ftaeatiess as are required for subdlviMons may be sso. 26.4-1 Subdivisions Prior to Annexation All division of land situated outside the corporate limits which require action by the Commission and the Director prior to annexation shall comply with the foregoing regulations insofar as applicable, subject to the limitations of Section 66454 of the Nap Act. Bee. 86.4-8 Restraint of Land Division or Sale in Violation of this Article The City or any person, firm or corporation may file a suit In the Superior Court to restrain or enjoin any attempted or proposed land division or sale in violation of this Article pursuant to the authority of Section 66499.33 of the Nap Act. Sec. 26.4-9 Seyerabilitye Existing Law Continued If any section, subsection, paragraph, sub -paragraph, sen- tence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitu- tionality shall not affect the validity or constitutionality of the remaining portions of this Chapter, and the Council does hereby expressly declare that this Chapter and each section, sub- section, paragraph, sub -paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more of such sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. The provisions of this Chapter, insofar as they are sub- stantially the sage as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as now enactments. 26.40) " ram• t AjjrjriCi.I il{�d nMA -VN MAP • • Oret It,-1 Piling Inch subdivider at wither a major subdivision or a parcel split wall file with the planning Division such masher of coptarf Of the teatative map as may be required from time to time by the City. The planning Division shall make available to the subdivi- der or his representative, a copy of pertinent City regulations and such other instruction sbeets providing information relative to the preparation of said tentative map. The time of filing of a tentative sap shall be construed to be the time at which the sake, 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 (1) 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 aad 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. eec. 26.5-2 Fees Fees shall be paid in accordance with Section 26.11 of this Chapter. Sec. 26.5-3 Preparation The subdivider shall cause the tentative map of the land pro- posed to be divided to be prepared by a Registered Civil Engineer or Licensed Lsad surveyor. " Ara. 26.5-4 iuired Mal! and Content The following information shall be delineated on the tenta- tive map except those items determined by the City Staff as not being pertinent to a particular tract: .01 Tract number, title of map, and section description of property{ .02 as" and address of owner and subdivider= 26.5(1) ud address of person preparing map; Ali' appioniwate acreage and overall dimensions; AS north poiate antis and date; minimum scale V - 1001; .06 subdivision boundary lino and vicinity map; .01 tames and book and page numbers of adjoining subdivisions; .06 names, locations and widths of adjacent streets; .09 identifying landmarks and existing structures, both above and below ground; .10 owns, locations and widths of proposed streets; .11 approximate grades of proposed and existing streets; .la streets and rights -of -way providing legal access to the property; .13 excavations within 900 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; .16 existing culverts and drain pipes; .19 water courses and channels including existing and pro- posed facilities for control of storm waters; .20 land subject to overflow, inundation or flood hazard; .21 railroads and other rights -of -way; .92 lands and parks to be dedicated to public use; .23 distension 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: Slone Interval (percent) tinfeet) 0.9 a a - 9 5 10 plan 10 Copies of U.a.d.s. maps are not acoeptable. 26.5(2) a � N ...�,.:.,... '. 1'.. rxiatiwr use at property lenediatsiy surrounding tract; -4, '-' .!0 peOposMd land use of all lots (single-family, MUiti+ tnwill$ arsinesso Industrial); %30 source of water supply; .31 method of sewage disposal; 132 existing coning and proposed zoning; .33 stale of school district and boundary if within two (2) districts; .34 names of any special districts serving the proposed subdivision and location of boundary if within area of tentative wapi " .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 mid -points. Sec. 26.5-8 Supplemental Information Reports and written statements on the following matters shall accompany the tentative map unless waived in writing. .01 subdivision building or development plan; .02 proposed method of control of storm water, including data as to grade and dimensions; .03 protective covenants proposed to be recorded; .04 if private streets are proposed, the method by which their maintenance will be accomplished and financed; .Os proposed tree planting; .06 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; .07 proposed landscaping and irrigation; .OS preliminary soils report and grading plan. Sec. 96." Procedure: Oeneraily The procedures outlined below shall be followed except as tbey may be mutually modified by the City and applicant. • ".".01 21roctor! f InvironmentallBerviices Within seven (7) working days of tiling of a tentative 36.5(3) t _ adAbtsion sot the Director shall transmit the ro"onted number t et -e*i1 of said WO together with accompanying data to such pub- 7 A iic agencies cad public and private utilities as may be concerned. Saab of the public agencies and utilities may, within tan (10) dye after the map has been received by such agency, forward to the Director a written report of its findings and recommendations tberson. Within twenty-five (3$) days after submission, the Director will bold a conference oh the tentative map with the sub- divider 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 Chapter and other applicable regulations of the City or public and private utilities and shall submit the same to the Commission within thirty (30) days after receipt of the map. 36.".02 land Division Committee 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 organisations, including public and private utilities as it shall designate and shall report its conclusions and findings in writing to the subdivider within seven (7) days of said 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. 26.b-d.03 planning Commission The Commission sbali 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 (3) work - lag 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 "all report, by Resolution, on the map of any subdivision sub- Wittes to it within fifty (50) days after the tentative map has been filed and the Resolution shall recommend approval, conditional approval or disapproval, is the ease of parcel splits; the 26.50) '"Oe asi�1 abs " t br Resolution din is the subdivider ; `• ..`. g"6" is seeditiom approval of disapproval &M the map need wMitttW to the. Council, The nusber, site and configur- atiaft of lets to be treated and the alignment and width of -;; streets and easements shall be depicted upon the tentative nap r.. prior to approval by the Commission. Conditions to make the map approvable which involve modifications to lots in terms of number, i sise or configuration, or to streots in terms of alignment or width way be set forth by the commission for the guidance of the subdivider. Rowever, when such conditions are substantial, the Land Division Committee may require that these changes be incor- porated 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 Comission. 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 or Council, shall be in writing and a copy thereof shall be served on the subdivider at least three (3) days prior to any hearing or action on such map by the Commission or Council. 26.5-6.04 City Council Within ten (10) days or at its next regularly scheduled meeting after receipt of the Resolution of the Commission on the map, the Council shall act thereon. If the Council finds that the proposed map complies with the requirements of'this Chapter, it shall approve the nap. If the Council finds that the proposed map does not meet the requirements or conditions of this Chapter or the Map Act, it shall disapprove said nap. The Council 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 doss not materially affect the validity of the map. the Council*shall approve, conditionally approve, or disapprove the tentative sap by Resolution within thirty (30) days after the filing of the Conssission's Resolution. Xo snap shall be approved unless the Council finds that the proposed subdivision, together with the provisions for its design 26.50) e .04; f ;: is ooeriNttnt with the tlansral Plan. " 0 CO MOil R I dolly approval of a tentative Napo ae 1"airod by the Sap Act, it it Makes any of the following -findings: .01 That the proposed map is not donsistent with applicable Oeaeral and Specific plans; .02 that the design or improvement of the proposed subdi- visioa is not consistent with applicable General and Specific plans; .03 that the site is not physically suitable for the type of development; .04 that the site is not physically suitable for the proposed density of development; .OS that the design of the subdivison or the proposed Improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. .08 that the design of the subdivision or the type of improvements is likely to cause serious public health problems; .07 that the design of the subdivision or the type of improve- ments will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed sub- division. In this connection; the governing body may approve a nap 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 hereby granted to a legislative body to determine that the Public at large has acquired e.semeate for access through or use of property within the proposed subdivision. See. 26.5-7 ftblic Hearing for both the Planning Commission and the City Council All Tentative dubdivision Yaps shall be reviewed by both the Planning Commissioa and the City Council at a duly noticed Public Nearing. Notice for said public hearing shall be mailed to the subdivider and to the owners of all property within three hundred (300) feet of the exerior boundaries of the property 26.5(6) 't fi�rsWed at 1"at trn (10) days prior to the date of the haarin -Sao and address of raeh owner an shown on the reeerds of the County Assessor may be used for the aforementioned notiee. Any Interested person may appear at such a, hearing and shall be heard. Gen. 26.5-8 Suspension of Requirement: Variance..or Adjustment In approving a tentative map, the Commission or Council may grant a suspension of any of the subdivision requirements not forth or referred to in this Chapter, except underground facil- ities which may be waived only by the Council; provided such sus- pension* 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 per - eons or property, and such other findings for suspension or var- iance 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 25.39-9 of this Code. The time limits established in Section 26.5-6 may be extended by mutual consent of the subdivider and the Commission or Council as appropriate. Sea. 26.5-9 Retention in Files One (2) copy of the map and sacbmpanying data, together with the Commission's Resolution, any staff reports and a record of the Council's Resolution with conditons of approval, if any, shall be tiled with the Director, and retained until recordation of the final map or maps encompassing the total area included in the tentative map. sec. 26.6-10 Xxtessiono Upon written application of the subdivider made within Z6.S(7) =< `twl" tit) antba at the approval or conditional approval of ^�V11M ilatati" baps the Council oar grant by Resolution, an exten- sioa of time of up to eighteen (16) months for filing of the Mal map. All applications shall be filed sufficiently in advance of the expiration date to permit inclusion upon the Council agenda, aad to permit Council action prior to such expiration date. At the time of consideration by the Council of the extension of the approved tentative map, the Council shall hear the testimony of the subdivider or any witnesses in his behalf and the testimony of the representatives of the Land.Division Committee or any Other witnesses. Upon conclusion of the hearing or the time of consideration, unless the subdivider and Council mutually agree that additional time is needed for consideration, the Council shall, within seven (7) days, declare its findings by Resolution based on the testimony and documents placed before it. The Council may approve, conditionally approve or deny the request for extension. 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. Sec. 28.5-11 Revised Tentative Maps Any revised tentative map shall comply with all the pro- visions of the'Map Act and this ordinance 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 tine within which the final map may be filed. Yithis twelve (12) Montha after approval of the tentative Maps at. my ontenhioas of said approval, the subdivider may cause the subdivision or any unit thereof shown in the tentative 09P s to be•sarveyed and a final map thereof prepared by a registered civil engineer or itrensed land surveyor, in conformation with a the tentative map as approved or conditionally approved and with the requirements set forth in this Article. Eight (8) blue line or black line prints of the final map and such other copies as imay be required for checking and approval shall be submitted to the City,gngineer, together with a checking fee as set forth in Section 26.11 of this Chapter. Sec. 28.6-2 Documents to be filed with Map At the time of submitting the final map to the City Engineer the subdivider shall submit therewith the documents listed herein. The final map shall not be considered as filed until all documents listed are completed and submitted except as specifically noted. 28.6-2.01 Closures Closures of the various lots and blocks in number and in form approved by the City Engineer shall accompany a closure of the subdivision boundary. 20.6-2.02 Grading Plans Detailed plans, soil reports, geologic reports and other data if required under Chapter 27 - "Grading" of the City Code. 20.6-2.03 Improvement Plan Detailed plans, cross -sections, profiles and specifications is the number specified by the City Engineer of the improvements to be installed as required by the provisions of this Chapter and by the standard specifications, and of all other improvements pro- posed to be installed by. the subdivider in, on, over, or under auy street right-of-way, easement or parcel of land dedicated by the map or previously dedicated. All such plans shall be prepared • is aeoordance,.with the requirements of the City haginser and affected public utility company. 26.6(i) C601*0 *Nip data, assumptions and oompdtationr, in a000rdamm with sound hngineering practice, shall be submitted to substantiate hydraulic and structural designs. ".e-l.Ob Report and Guarantee of Clear Title The final map shall be accompanied by a report prepared by a duly Authorized title company, naming the persons whose con- sent is necessary to the preparation and recordation of said map and to the dedication of the streets, alleys and other public places shown on the map and certifying that, as of the date of the preparation of the report, the persons therein named are all the persoas necessary to give clear title to said subdivision. 26.6-2.06 Title Sheet and Final May The title sheet shall be submitted no less than ten (10) days prior to Council consideration of the final map. See. 26.6-3 Agreement and Security Instruments The Subdivision Improvement Agreement, as set forth in QSection 26.9-3 shall be fully executed and submitted for the approval of the City Attorney at least twelve (12) days prior to Council consideration of the final map. The security instruments, as required herein, should be filed concurrently with the Sub- division Improvement Agreement; provided, however, such security Instruments may be filed with the City Engineer not later than sixty (60) days from the date of approval and acceptance of the final map. Failure to comply with this provision will auto- matically void Council approval of the final map and the final map must be resubmitted to the Council. In no event shall said map be recorded prior to the submission of necessary security Instruments. Sec. 96.6-4 Deeds and Easements Deeds for easements for the installation of off -site public i"rovements or any other purpose which cannot be dedicated on the final map, shall be submitted in duplicate in fully executed • tore to the City Attorney at least twelve (12) days prior to Council consideration of the final map. All dedications and 26.6(2) ;r :Y'P elhrr of �Miea%'on shall be aaeonpaeled by a certificate of title r r ;ie }shav of title ilieuraseet issued by a title company author- '.., ~P' t 5' ised by the laws of the State of California to write the same, 9 Moving the cam" of all persons having a recorded interest in '•� ., the land to be dedicated or offered for dedication. Such certif- ieate or policy shall be submitted to the City Engineer at the time the final map is submitted for examination and certification. After the final sap is recorded, or if dedications and offers of dedication are by separate instrument, after such instrument or Instruments are recorded, a policy of title insurance shall be Issued for the benefit and protection of the City. Any expense involved,in complying with the provisions of this Section shall be borne by the subdivider. Sec. 26.6-5 Certificate Regarding Tax Lien Prior to the filing of the final map with the Council, the subdivider shall file the certificates and documents set forth In Article 8, Chapter 4, of the Map Act or any amendments thereto relating to taxes and assessments. Sec. 26.6-6 Engineer's Estimate of Improvement Costs The subdivider's engineer's estimate of improvement costs shall be in a form approved by the City Engineer and shall include all public improvements within and immediately adjacent to the proposed subdivision and shall include all grading and slope planting costs unless such work is to be performed under separate grading permit. It shall also include any off -site improvements required as a condition of approval. 26.60) t _ �- •'� .� . �. t .. i� NA4 _M11� pltoCtR4s NG �{ sec- MEOW by the C O Upoo neeipt of the final leap and other data submitted there- , with, the City Ragineor sha11 refer said map and data to the ..4 4;,;,:` appropriate City departments, who shall examine them to determine: '.01 That the subdivision as shown is substantially the same as it appeared on the approved tentative map, and any approved alterations thereof; .02 that all provisions of law and of this Chapter applic- able at the time of approval of the tentative map have been complied with; and .OS. that the map is technically correct. A report of all findings shall be given to the City Engineer. If the City Engineer, upon review of reports received, so deter- mines the above criteria, he shall certify thereto on said map. If the City Engineer does not so determine, he shall advise the subdivider of the changes or additions necessary to enable him to make such.determination, and shall afford the subdivider an a opportunity to slake such changes or additions. The City Engineer shall submit his report to the Council within -twenty (20) days following the satisfactory submission of the final map and accompanying documents by the subdivider. Said report shall be considered to be submitted when the matter has been scheduled on a Council agenda by the City Clerk. Sec. 28.7-2 Approval b9 City Council Is the event that all improvements required or conditions reposed as conditions of approval under the provisions of this Chapter or by law are not completed before the filing of the final sap, the Council shall enter into an agreement for the installation of isiproveseats with the subdivider. In such case, when the agreement and bonds, deposits or instruments of credit have been approved by the City Attorney as to fors and by the City Engineer as to sufficiency, the Council MAY Consider the final map. All signatures except those of the City Clerk, City tagineer, Clerk of the Board of Supervisors and the County Recorder shall be affixed to the title •beet at least eight (8) days prior to 26. M) W 3 �* * Cerweii girt fttion of the final Map. The bond 'and agmtmiont the preeedist section shall be ltled with the City Maglueer withis sixty (60) days from dato of approval and aeceptasee Of the final Map. If compliance does not occur, tbea the Council approval shall be automatically void and a final neap mast be resubmitted to the Council. The Council shall approve said map if it is determined to be is conformity with the requirements of this Chapter and the eoaditions of approval of the tentative map. If it is not in con- formity, it shall be disapproved, and the Council shall advise the subdivider of its disapproval and the reason or reasons therefor. The Council shall take the action by Resolution and as provided herein within ten (10) days or at its next meeting following the submittal of the report by the City Engineer unless the time for taking action shall have been extended by mutual, consent of the Council and the subdivider. Sec. 26.7-3 Recordation Upon approval of the final map by the Council and eatis- Qfactory compliance by the subdivider with all other applicable requirements of this Code, the City Clerk shall transmit the map to the Clerk of the Board of Supervisors for execution and ulti- mate transmittal to the County Recorder. Upon recordation of the final nap, the property owner or subdivider shall submit to the City Engineer one (1) blue line cloth -back print of the recorded final map, one (1) acceptable reproducible copy on linen tracing cloth or polyester base film, together with seven (7) blue line Prints of the recorded final map and shall have submitted the reduced scale paps as required in Section 26.13. 2a.7(z) »��`' � -�., wkl'lCt� �.• 01► �'�HA1. MAC TMt heal sap %hall conform in size matorial, scale and ;k e0atest with the following requirements. Sec. l6.S-2 Size, Material, -Beale The final sap shall be clearly and legibly drawn in black waterproof India ink upon good tracing cloth or polyester base film, except that affidavits; certificates, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. Signatures shall be in opaque black ink. The dimensions of each sheet of such map shall be eighteen (18) inches by twenty-six (26) inches. A marginal Una shall be drawn completely around each sheet, leaving an entirely blank margin of two (2) inches at the left edge and one (1) inch.at the other three (3) edges of the sheet. The scale of the map shall be sufficient to show all details clearly and in no case shall be less than one (1) inch equals one hundred (100) feet, nor greater than one (1) inch equals forty•(40) feet. Enough sheets shall be used to accomplish Qthis end. The number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets and the relation of each adjoining sheet shall be clearly shown by a small key map. Each sheet of such map proper shall show the date of the survey, north point, and written and graphic scale. The map shall be so drawn and shall be in such condition When filed that good legible prints and negatives can be made tberifrom. The location of the subdivision within the City shall be shown by a small scale map. Sec. 26.3-3 Title The title of each shoot of suah final map ■hall consist of the approved tract number and "City of Pals Desert". Yaps filed for the purpose of *bowing as acreage land previously subdivided shall be conspicuously marked with the words, "Reversion to Aaioago",• Imediateiy following the title shall be a subtitle x: consisting of a general description of all the property being subdivided by reference to deeds, subdivision* or to sectional �`alMt' M•,< betervaoon to tracts and subdivisions shall be "pelted °: w!"aed ferried id!estieally with original r*cords, with templet@ ., toietreaa to proper book and page of record. '~ '• Ole. Ilan notes . • statement labelled "Map Notes" shall be shown on one sheet of the final map. Such statement shall include the basis of bearings, what monuments were found, what monuments and points were set, a key to symbols and abbreviations and such information deemed by the surveyor to be necessary. Sec. 26.8-5 Coordinate System Wherever the City $ngineer has established a system of coordinates, then the survey shall be tied into such system. The adjoining corners of all adjoining subdivisions shall be identi- fied by lot and block numbers, subdivision name and place of record, or other proper designation. Sec. 26.8-6 Subdivision Boundary An accurate and complete boundary survey to second order accuracy shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, shall close within a limit of one (1) foot to ten thousand (10,000) feet of perimeter. The boundary of the subdivision shall be indicated on the final map by a blue line approximately one eighth (1/8) of an inch wide. Any area within such exterior boundary line *blob does not constitute a part of the subdivision shall be labelled "not a part of this subdivision". a". 26.8-7 Dimensions, Bearines, Curve Data The final map shall show all survey and mathematical infor- matlos and data necessary to locate all monuments and to locate and retrace all interior and exterior boundary lines appearing thereon, including bearing and distance of straight lines, and central asgle, radius, and aro length of curves, and such Information as may be necessary to determine the location of the seater of curves. 26.8(2) �5 � F� ,GIs w n 14.64 hod asks A!1 late and blatke Rod all panels offered for dedication for say purpose shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined is evety ease, parcels offered for dedication other than for streets or public easements shall be designated by letter. Sufficient linear, angular and curve data shall be shown to determine readily the bearing and length of the boundary lines of every block, lot and parcel which is a part thereof. Sheets shall be so arranged that no lot is split between two or more &beets, and wherever practicable, blocks in their entirety shall be shown on one sheet. Lot numbers shall begin with the numeral "1" and continue consecutively throughout the tract, with no omissions or duplications. Sec. 26.8-9 Streets The map shall show the right-of-way of each street, and the width of any portion being dedicated, and widths of any existing dedications.' The widths and locations of adjacent streets and other public properties within fifty (50) feet of the subdivision shall be shown. If any street in the subdivision is a continu- ation or approximately a continuation of an existing street, the conformity or the amount of nonconformity of such street to such existing streets shall be accurately shown. Whenever the center line of a street has been established or recorded, the data *ball be shown on the final map. Sec. 26.e-10 sasements The side lines of all easements shall be shown by fine dashed lla**. If any easement already of record cannot be defin- itely located, a statement of the existence, the nature thereof, sad its recorded reference shall appear on the title sheet. Distances and bearings on the side lines or lots which are out by as easement obeli be arrowed or so shown that the map will indicate olearly tb*-xctual length* on the lot lines. The widths of all ass smeats and sufficient ties thereto to definitely locate the sans with respect to the subdivision *ball be shown. All 26.80) 06 sbxll be bleakly labalied and identified. It sin enso• sat bb the sap is already of reeordi its recorded rater- L Mae Mull be riven, if as oasament is being dedicated by the a*$ tt shall be set out in the owner's certificnte of dedtcation. . l6.a•ii numents fte map shall show fully and clearly what stakes, monuments or other evidence to determine the boundaries of the subdivision were found on the ground and each adjacent corner of each adjoin - lag subdivision or portion thereof, by lot and block number, tract same or number, and place of record, by section, township and range, or other proper designation. Any monument or bench mark, as required by this Chapter, that is distrubed or destroyed before acceptance of all improvements, shall be replaced by the subdivider. The following required monuments shall be shown on the final map: ..01 The location of all monuments placed in making the survey. if any points were reset by ties, that fact shall be stated; ' Q.02 concrete monuments depressed below street grade with cast iron ring and cover of a type approved by the City Engineer shall be set at intersections of street center lines and at the beginning of curve (BC) and end of curve (EC) of all center line curves, or as required by the City Engineer. The exact location of all such monuments shall be shown on the final map; .03 all rear lot corner pipes and front lot corner pipes or off -let cross marks in the concrete surface of the public sidawalk; .06 interior monuments shall be set after approval of the final map by the Council, and prior to acceptance of the public Improvements by the Council. Exterior boundary monuments shall be mono ted or referenced before recording of the final map in aeoordanae with section 66495 of the Map Act. sea. 26.8-12 ��e s,"l The title sheet of the map, below the title, shall show the same of the Civil iagineer or Licensed Laad surveyor, together with the date of the survey, the number of sheets, the • stisber of lots and the number of acres within the subdivision, j 26.80) t�N ''''"'" ts0.` le.11�1 �teggirem�ntg 13efotw CaMnenein�,Work on Imrrovamonts prior to asy Construction of improvaswnts and/or land alter- atios required, the subdividor shall have complied'with and per- formed the following requires ats: Sec. 26.9-2 plans and Specifications Subdivider shall file with the City Engineer detailed plans and specifications for all improvements or land alteration together with a detailed cost estimate approved by the City Engineer and an estimate of time reasonably necessary to complete the same. In addition, the subdivider may be required to file detailed soil reports which shall be approved by the City Engineer prior to commencement of any work. Sec. 26.9-3 imvrovement Agreement Subdivider shall enter into a contract with the City to make, install and complete within the time fixed, but in no case more than two (?).years from the date of execution of said contract, all Improvements and/or land alteration in accordance with approved plans. goo. 26.9-4 Security Arrangements for Completion of Improvements The subdivider shall file surety to guarantee completion of improvements in accordance with the improvement agreement as follows: .01 A faithful performance surety in an amount deemed sufficient by the City Engineer to cover up to one hundred (100) percent of the total cost of all required on -site and adjacent• off -site ieprovements including twenty-five (25) percent of grad - fag and slope planting expenses as applicable; .02 a payment surety in a like amount; .Oa a monumentation surety in an amount stipulated by the subdivider's engineer to cover the cost of placing lot corners mad other related monuments. Said surety shall be drawn and stills" is conformity with Article 0, Chapter 4 of the Map Act; .04 19 the required Improvements are financed and installed pursuant to special assessment proceedings, upon the furnishing 26.9(1) tho'e atimater of the faithful performnce and payment bonds `q mitred bt the special wwasawent act being used, the City may i� !educe the improvement security of the subdivider by an amount eorregnsdiag to the amount of such bonds no furnished by the ooatraator. Bee.. 26.9-5 Types of ,:uret Surety any be one of the following types subject to the approval of the Council as to type and the City Attorney as to form: .01 Bonds All bonds shall be executed by a surety company author- . iced to transact a surety business in California; .02 Cash Deposits In lieu of the faithful performance and payment bonds, the subdivider may submit cash deposits under the conditions hereinafter described. ......Disbursements from dash.deposits shall -be made in iiecord- aace with separate agreement between the subdivider and the City. QA bookkeeping fee of one (1) percent of the total amount depos- ited with the City for each cash deposit bond shall be submitted with each such bond. Disbursements from a cash deposit filed with an approved escrow agency shall be made in accordance with separate agreement between the subdivider and the City. Dis- bursements from a cash deposit in any instance shall not be per- mitted unless and until authorised in writing by both the sub- divider and the City Engineer. .03 Instruments of Credit In lieu of the faithful performance and payment bonds or cash deposits, the subdivider may submit instruments of credit under the conditions hereinafter described. Ouch instruments of oredit shall be issued by a financial institution subject to regulation by the $tat* or lsderal government in a form and oontent an approved by the City Attorney, cad shall pledge that the funds necessary to meet the performance are on deposit and Suaraato" for payment and agree that the funds designated by the instrument shall become trust funds for the purposes not 4 • 26.9(2) t I Ut in the. ftettuMent. An instrument of credit shall be aaaerpanLed by a current statement of assets and a Resolution of the $band of DLT"toet of the responsible organisstion authorizing the issuance and the amount of the letter. An instrument of credit � shall be ateospanied by a•statement setting forth the date upon vh1ch the responsible organization was established. aft. 26.9-6 Reserved Bee. 26.9-7 Reserved Sec. 26.9-8 Endorsement of Certificates The City Clerk shall not endorse or sign its certificate contained on the final map unless and until improvement security as hereinabove specified has been posted. Sec. 26.9-9 Applicability to Parcel Splits The requirements stipulated above are applicable to any parcel split for which the installation of any improvements, grading or special fees are required as a condition of approval. Sec. 26.9-10 Comoliance Required So final map shall be presented to the Council for acceptance until the requirements of this Article have been approved and until all charges established by the Council and pertaining to the property being subdivided have been paid. Sec. 26.9-11 Special Permits Issued to do Work Should the subdivider desire to do certain work prior to entering into an agreement with the City to install and complete all improvesrsnts and land alteration work, he may make an appli- cation to do so under a special permit. This application shall be accompanied by detailed plans describing the work which is proposed. The City Engineer may issue a special permit to the sub- divider or his contractor upon application of the subdivision . applicant, provided a bond has been posted in an amount which wouls assure the rehabilitation of the land, including grading and planting, in the event the subdivision map is not recorded. ?ha perforsiance bond and contractor's qualifications shall be of provided in this Chapter, 26.90) Y' Whoo the spatial permit is far all work required in connet- ties with the subdivision and the work has been completed. the agreement as designated to Section 26.3-11 will not be required. Set. 26.9-12 Release of Improvement Securityi Maintenance bond Surety say be released in the following manner. Before surety is finally released for faithful performance, the subdivider shall post a maintenance guarantee as specified t:erein. 26.9-12.01 Progress Payments Progress payments may be made to the subdivider frogs any deposit money or instrument of credit which the subdivider may have made in lieu of providing a surety bond; provided, however. that no such progress payment shall be made for more than ninety (90) percent of the value of any installment of work, and provided that the aggregate amount thus paid is not in excess of fifty (50) percent of the total amount posted as improvement security. No progress payments from cash deposits shall be made except upon joint certification by the City Engineer and the subdivider that work covered thereby has been completed. 26.9-12.02 Release of Surety Improvement security given for faithful performance of the agreement may be released upon recordation of the notice of com- pletion for the work unless provision is made for partial release as work -progresses under separate written agreement. The payment surety shall be retained to secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or material for six (6) months after completion and acceptance of the work. Following such six (6) month period, this payment security way be reduced to an amount not less than the total of all elaims an which an action has been filed and notice thereof given in writing to the City. 26.9-12.03 forfeiture of Oursty In the event the subdivider fails to complete all improvement work its accordance with the provisions of this Chapter and the 26.90) ^ laptv�iA�Mit sgtewsnt and the City shall have to &Aeplete cameo e`4 ` tM City Aall Ball ea the surety for reiaburec4eent or shall appeoptiate from any cash deposit funds for reimbursement. If the snot of the surety bond, cash depo+tit or instrument of credit ` oacall costs and expenses incurred by the City, it shall release the remainder of such bond, cash deposit or instrument of credit, and if the amount of the surety bond, cash deposit or instrument of credit shall be less than the cost and expense incurred by the City. the subdivider shall be liable to the City for such difference. 26.9-12.04 Maintenance*Cuarantee The subdivider shall guarantee all improvements for a period of one (1) year from the date of final acceptance and shall correct any and all defects or deficiencies arising during said period as a result of the acts or omissions of the subdivider, his agents or aVloyses. The improvement guarantee shall be backed by a bond or cash deposit in the amount of ten (10) percent of the surety posted for improvements. The City shall provide written notice of the defect or deficiency. In any instance where the subdivider fails to take action within the specified time. or when immediate action is required to protect the public health, safety and/or welfare, the City may cause the work to be performed and call on the surety for reimbursement. The maintenance bond shall be sub- sitted prior to final acceptance of the improvements by the City. 26.9(i) � r n; •t A1lWO set t0 AROK- PI&ITO =* :. barb. - fit. lo-i 6 a Shea an owner or hubdivider desires to consolidate, to i. divide, anal/or rearrange one or more existing lots, or parcels, into not more than four parcels, or as otherwise provided by Section 66426, and other applicable provisions of the Map Act, It *ball be done in the following manner. This procedure may be used to revert to acreage land containing four (4) or less contiguous parcels as authorised by Section 66499.201 of the Map Act. Sec'. 26.10-2 Tentative Map An acceptable tentative Parcel Map, showing the proposed land division, shall be prepared by a registered civil engineer, or licensed land surveyor and filed with the City in the manner provided in Section 26.5-1 et seq. of this Chapter. Sec. 26.10-3 imgrovements and Dedication Except as hereinafter provided, the owner or subdivider shall offer for dedication' additional streets, alleys, and public ways and easements, as are required for conformance with the General Plan and City's Master Plan of streets and highways, and the existing or projected local street system. As a condition precedent to the approval of a Parcel Map, the owner or subdivider shall agree to construct improvements In or along the parcel frontage upon all existing or proposed publi.n streets and ways as reasonable required for subdivisions. A Parcel Map may not bE approved until the required improvements have been satisfactorily constructed or until an adequate see- urity, as approved by the City Attorney and in an amount deter- mined by the City Engineer for the estimated cost of the work, ba* been posted with the City. extraordinary conditions may make construction of certain improvements impracticable. in extreme circumstances, the City way grant conditional exception to be made only upon written statement of the owner, citing the extraordinary or extreme air- cumstanaes and shall be granted only by the Council, subject to such conditions as they may impose. 26.10(1) '�°� �� • .� :a �o.+► ratoe� Mal+ d�'4 t ire f '. � • .....�.� x a - poa eompletloa of.r"virso nts for the tentative map and f' iverorementso the owner or subdividet may proceed with the �yw .1'J • proesesisg of a Parcel Flap of the land division in the manner provided in the Chapter for Final (taps. The Map shall be of a piss as* form prescribed by the City Engineer and shall comply with the provisions of.beetion 06444-50 of the Map Act. The Map shall be based upon &•field survey showing monuments found and set and shall include other data as required by the City; except that record data may be used if all corners of the par - eel being created are of record and if the location of one exterior boundary line can be established from an existing wonumented line. Upon approval of the Parcel Map by the City, the City Clerk shall transmit the Hap to the Clerk of the Board of Supervisors for ultimate transmittal to the County Recorder. The applicant shall pay the recording fee and return an accept- able reproducible, duplicate copy of the recorded map on linen tracing cloth or polyester base film, one cloth back print and seven (7) blue line prints to the City Engineer for filing. Sec. 26.10-5 Building Permits Prohibition The Building Department shall not issue permits for the erection of any structures upon lots or parcels not complying with this Chapter. Sec% 26.10-6 Dedication of Land for Recreational Facilities ~h The owner or subdivider shall comply with Section 26.16 of this Code for•eaeh new parcel created in excess of the number of original parcels. See. 26.10-7 Lot Line Adjustment to the event that the owners of two adjoining parcels desire to modify the location of a common boundary between the two parcels In such a manner that no additional parcels are created, the applicant shall only be required to process the final pareel map, The City ingiaser is authorised to review, approve &ad process the map for recording without further Betio$ by the planning Commission or City Council. The 26.10(2) JR}y , : • . stiff ,� A .. E 'k:z NOC 11-i antes:_ 0enera1 ?x; Poem shall be required as specified horcia. TM tees are intended to cover expenso to the City involved In processing a subdivision from checking the tentative map through acceptance of the public improvements, including ins�setion services. Soils and materials testing aie specif- ically excluded from services encompassed within the subdivision tee schedule. On -site improvements within the public rights -of -way, as well as off -site improvements within the public rights -of -way Immediately adjacent to the subdivision boundary shall be con- sidered as included within the fee schedule. However, review of plans and inspections required of extensive off -site improve- ments shall be paid as a separate and additional fee. Such fee shall be in accordance with the schedule set forth in the appropriate Council Resolution. Sec. 26.11-2 Mars and Plans Prior to the submission of a tentative map, final map, parcel map or improvement plans to the City for processing, the property owner or subdivider shall pay to the City filing fees in an amount as may be established from time to time by the Council. sec..26.11-3 Public Works Inspection . Following Council approval of the final map, but prior to the recordation of said map, the property owner or subdivider shall pay to the City an inspection fee in the amount estab- lished from time to time by the Council. See. 26.11-4 aradipA Where grading is to 1W accomplished under the subdivision agreement, a separate and additional fee for such items only shall be collected in accordance with the applicable City regula- tions governing land alteration permits. 26.11(1) tt AAW i�ewltKtion n lbrk Ia the twit that work on a subdivision should terminate dieing say one of the three (3) phase* enumerated above, the City ftl ever shall have the authority to establish the percentage of work actually performed to date within the pertinent phase and the assount of refund, if any, to be made. See. 26.11-6 Recording The property owner or subdivider shall pay for the recording of the slap. See. 26.11-7 Feet: Special Fees for purposes of defraying the estimated or actual costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas, planned sanitary sewer facilities for local sanitary sewer areas, bridges or major thoroughfares may be required. The amount of any such special fees shall be established by supplemental ordin- ance and shall conform to the pertinent requirements of Chapter 4. Article 3 of the Map Act. The Council may at its discretion. accept considerations in lieu of the payment of fees for drainage facilities. These may include.but are not limited to the dedica- tion of right-of-way, the construction of other public improvements, and the granting of fee title to real property. 26.11(2) 3 set 12-1 tt lgeeept where modified by the Council upon roccmmicndation of the Commission, each subdivision and map thereof ehaii be in con- lpewitf with the standards set forth or referred to herein. All design shall be in accordance with generally accepted esgiseering principles and the appropriate City Standard Drawing and any supplemental design criteria which imay be adopted by the City from Use to time. Specific details of design shall be subject to the approval of the City Engineer, who shall have the authority to approve minor deviations from the minimum standards listed here. All subdivisions should result in the creation of lots which are developable and capable of being built upon. No subdivision • should create lots which are impracticle of improvement due to steepness of terrain, location of water courses, problems of sewerage or driveway grades, or natural physical conditions. Sec. 26.12-2 Access to Public Streets All lots or parcels created by the subdivision of land shall have access to a public street improved to standards hereinafter required. Private streets, common driveways, or access easements shall not normally be permitted. However, if the Commission determines that the most logical development of the land requires that lots be created which cannot easily be served by a public street, a private access may be approved. The subdivider shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private improvements, the topography and means of access to each lot, drainage and sewerage of the lots served by such private improvements and a plea satisfactory to the City for ownership and maintenance of said socess and the liability for takes thereon. Construction of these improvemente as approved by the City shall be completed prior to 000upasoy of any buildings on lots served by a private ' eeosu. 26.12(1) }+~ AR1?= ti.13 trAlllf�,� b Vt'3t" TM920N STAf1nA1tif3 See. 24.13-1 Street standards gtteete shall conform to the following minimum conditions .O1 Oongornsence to_Ceneral Plan Subdivision design shall conform to the concept of major streets designated in the General Plan, and to any future street rights -of -war designated by the Commission and approved by the Cw meil. Whenever a subdivision embraces any major street, it *ball be included in said tract apd shall be platted by the sub- divider in the location generally indicated. If a specific location has been designated by the Commission and approved by the Council, that location shall be used. .02 Minimum Standards Typical sections of various classes of streets shall be in accord with the applicable City Standard Drawings, and in accord with the following table: Min. Min. R W Width T W Width Classification n eet n eet Arterial Highway (6) Lane 110 - 126 100 - 106 (12 - 18 Median) Major Highway (4) Lane 100. 76 - 82 (12 - 18 Median) Secondary Street Highway (4) Lane Collector60 - 68 40 - 48 Residential Street 56 - 60 36 - 40 Commercial -Industrial Road 72 52 Frontage Road 56 32 Parking 1 Side) Two -War Hillside Local Street 44 32 Parking 1 Side) One -War Hillside Local Street 36 24 ((No Parking) ca Lol Street (No Parking) 38 28 (P.U.D. Only) The basis for requirements for street and roadway widths and design shall be the topography of the land and density of develop - smut in terse of the proposed number of dwellings to be served by said street or roadway on an ultimate basis. Reduced right-of-way width shall, in all cases, be sufficient to ace date utility facilities within the right-of-way. Isprovements as set forth in Section 26.14 shall be installed within the half of an existing or proposed street adjacent to the subdivision boundary. substandard existing improvements shall be removed and replaced as directed by the City. Where such existing or proposed street has not previously been paved, paving 3 26.13(1) L�l 1MV11; a M iiw Vidth m face of curb to rd1m of pavesmnt of feet whali be installed. The subdivider shall dedicate all right-of-way for Mtreets or Portions of strosts as socesnary within the subdivision boun- dary. Full width dedications within the subdivision shall have oospldte Improvements installed except that upon secondary, major and arterial roads, paving upon each half may be a minimum of twenty -lour (b!) feet in width -from the face of curb to edge of pavaa�ent, subject to prior approval of the City. The standards sot forth herein are minimum, and additional on -site and/or off -site public improvements and dedications may be required. .03 Street -Pattern The street pattern in the subdivision shall provide for the most advantageous development of the site and adjoining areas and the entire neighborhood or district. Where appropriate to the design and terrain, proposed streets shall be continuous and in alighment with existing, planned or platted streets with which they are to connect. The center lines of streets, if not in alignment, shall be offset at least two hundred (200) feet unless otherwise approved by the City Beginser for reasons of severe topography, one-way streets, or other unusual circumstances. Proposed streets shall be extended to the boundary lines of the land to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the Commission upon reamemendation of the City Engineer, such exten- sion is not necessary for the coordination of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. Where reservation for future street is made, slope rights along the silos and end of the reserved area shall be preserved in the name of the City. In the as" of stub -end streets extending to the boundary of the property, a one (1) foot strip at the end of the stub -end street the width of the street right -of -war shall be deeded to the City pending the extension of said street into adjacent prop - arty. Where required, a temporary turn -around or it temporary connection to another street shall be provided by the subdivider. 26.13(2) E ot"Vto shall intersect dhe another as nearly at "t edit* as topography and other limiting factors on good iseign permit. Streets shall be designed in a manner which will aivemrage the use of local streets for through traffic. fter-way intersections involving local streets shall be avoided whenever possible. .M Design AdJacent to Artariai. Mn3or and Secondary Roads Subdivision design shall be in general accord with the concepts of the General plan, and as determined by the Commission. Street design should have the purpose of mnking adjacent lots, It -for residential use, desirable for such use by cushioning the effect of heavy traffic and of minimizing the interference with traffic on such streets. The number of intersecting streets along arterial, major and secondary streets should be held to a minimum. Wherever practic- able, such intersections should be spaced not less than one thousand (1000) feet on center. Residential lots adjacent to these roads normally will be required to be served by a residential street paralleling said road or by a series of cul-de-sacs or loop streets extending said roads from a parallel street. Where such double frontage lots are created, improvements on such lots shall be oriented to and front upon the local street. A decorative wall of concrete block or of a comparable material approved by the Design Review Board of the City, with a minimum height of six (6) feet, shall be required at the property line or top -of slope adjacent to the arterial, major or secondary road. Landscaping and permanent Irrigation may be required. Rhea the rear of any lot borders any arterial or major road, the subdivider shall be required to execute a certificate on the title shut, deemed sufficient by the City Attorney, prohibiting the right of ingress and egress from said major or arterial road to said lot. The Council may require similar dedication in other Instances where doomed necessary for health, safety and welfare. .06 Grade, Curves and 0-1sht Distances Grades, curves and sight distances shall be subject to approval by the City Engineer, to insure proper drainage and/or f6.13(3) 1 tot; 9*10se aha pedestriann. OeaMr'irt street* shall be not less than four-tenthm (0.04) pereent, nor Aore than sews (7) percent on arterial or major mft, teh (10) percent on secondary roads, twelve (12) percent as remideattal colloator'stroots, and fifteen (18) percent on residential streett. Maximum grade for hillside local streets shall sot exceed twenty (20) percent. Any grade segment in excess of twelve (1S) percent may not exceed three hundred (300) feet in length. Por all grades of twelve (12) percent or more, the Installation of a Portland concrete road surface is required. At street intersections, property lines at each block shall be rounded by an are, the radius of which shall not be less than ten (10) feet and shall be concentric with the curb return wherever possible. The radii of curvature shall not be less than that specified in the following table. Determination of which topography class- ification to be used shall be subject to approval by the City Ragineer. Minimum - Radius Moderate Topography Rough Topography Street Classification anfeet) nfeet) Arterial 1,200 Major 1,000 750 secondary 606 300 Residential 200 100 .Os Curbs, sidewalks and Pedestrian Ways Vertical concrete curbs and gutters and sidewalks shall be required in all subdivisions except as noted. The requirement for sidewalks may be omitted in whole or in part by the Commission on all streets less than secondary high- ways, provided that the findings are made that such r..tdewalks are not necessary because of any of the followings (a) The traffic count on a particular street is signifi- eantly reduced from the established standard for local streets as determined by the City ingiaeer{ or (b) the design or the topography of the subdivision and Its relationship to adjoining properties and uses doer not warrant the standard sidewalk requirements based if so recommended by the City RsRiaeery l6.13(4) vbai. re"iftd for acesom to sehnoiss playgrounds* r :Gbr jj a es*%Vey trlagarti►tion facilities$ other aers "Ity heilitiea, or for Vagsually long blocks, the Commminsion may rereire pedestrias Mays IMt less than twenty (20) feet in right-of-way and paved with concrete a minimum of ton (10) feet is width.- Such pedestrian ways may be bordered on each side with sprinklered landscaping and a six (6) foot high,ininimum, ahais lint fence. in lieu of the chain link fence, the bommission say require the subdivider to use a masonry wall as specified in Sectloa 26.12 minimum six (6) feet high, whore they deem it secessary for any one of the following reasons: 1. Separation of land use. 2. Acoustical buffer. 3. Promotion of an architectural theme or compatibility of the area; (d) where sidewalks are not required, concrete driveway aprons shall extend to the property line .07 Street Names and Numbers street names shall be assigned by the Director. Street ambers shall be assigned by the Director of Building and safety. .08 Cul-de-sacs Cul-de-sacs shall be limited to a maximum length of six hundred (600) lest and shall be provided with a turn -around having a minimum curb line radius of forty (40) feet. Sec. 26.13-2 Hillside Subdivisions and Planned Unit Developments in either a Planned Unit Development or a Hillside subdivi- sion or portions thereof which have an average lot size of twenty thousand (20,000) square feet or larger and having an average slope in excess of ten (10) percent prior to grading, the Commission, is the exercise of its discretion, may modify the toregoisg requirements of this Article in a manner that will result is the best possible utilisation of the land to be subdivided, giving consideration to the topography and natural cover of the last, the general character of the proposed subdivision, the proposed sonisg and the desirability of minimizing grading upon the site. 26.130) r 7 74 wider shall provider the City with atourate maps et the subdivision at status of i" 200' and 11, 900' for ass by the City in updating its Atlas (taps. The maps may be { deal parpase, •.d., vicinity map, grading plan, tract map, etc., and shall toatais the following minimum information: 200' scale • Streets: name and width Lots: number and dimensions Easements: type and dimension 5:. 600, scale outline of streets and lots; no dimensions ~+ Sec. 26.13-4 Utility Easements Easements for water, drainage or sewer purposes shall be provided as necessary, with minimum width of ten (10) feet. Basements for large structures or unusually doep structures shall be of such greater width as may be specified by the City Engineer. Any reduction in width shall require approval of both the City Engineer and the utility involved. Q Sec. 26.13-5 Lot Standards The also, shape and orientation of lots, .each of which shall constitute a practical building site, shall be appropriate to the location of the proposed subdivision and to the type of develop- ment contemplated. The following principles and standards shall be observed: (1) The side lines of all lots, so far as possible, should be at approximately right angles to the street which the lot faces, or approximately radial to the center of the curvature, if such street is curved. Side lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces. (3) do lot *ball be divided by a City or Special District boundary line. (3) No remnants of.property, with the exception of one (1) loot control lots, @ball be created which do not conform to lot reWresests, or are sot required for a private or public utility purpose, Z6.1=(6) ftb diVitioA at a lot at paroal by a Tax Code Boundary : ':`- ,a•.ti b►a11 out bo pormitted. (6) tat lines between adjacent loth within a subdivision amid be located at the top of any grading slope which may be proposed at afth location. (6) -Voless otherwise altered by the provisions of a Planned Knit Development, the minimum lot depth for a residential devei- opmont shall be not less than.one hundred (100) feet with the following exception, Lots adjacent to freeways, major streets or collector roads shall utilimo a minimum lot depth of one hundred ten (110) feet to provide sufficient separation from the road noise and to facilitate the usable lot area. (7) In determining the permissible lot size, all public utility transmission line easements shall be required to be excluded. Sec. AS.13-6 Block Design Blocks shall normally have sufficient width for an ultimate layout of two 'tiers of lots of the size required by the provisions of the Zoning Ordinance. Blocks *ball not normally exceed fifteen hundred (15,000) feet In length between street lines, except in hillside developments or where subdivisions containing parcels of one-half (1/2) acre or larger justify or require a variation from this requirement. In any block over nine hundred (900) feet in length there shall be a crosswalk or pedestrian way in accordance with Section 26.13-1.06. Sec. 26.13-7 Son -Residential Subdivisions The street and lot layout of a non-residential subdivision shall be appropriate to the land use for which the subdivision Is proposed, and shall conform to the proposed land use and standards established in the General Plan and Zoning Ordinance. IS addition to the principles and standards in this Chapter which are appropriate to the planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the Commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses Z6.13(7) ' f to.tb* 01oloitlo Vbe following principled and standards shall be f ` (1) Proposed industrial parcein shall be suitable in arcs Sad dimensions to the types of industrial development anticipated. (t) Street rights -of -way and pavement rhall be adequate to r 1►oovswodato the type and volume of traffic anticipated to be generated thereon. (3) Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design and construc- tion. (4) Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer and storm drainage. (5) Non-residential subdivisions shall be designed to pro- tect adjacent areas from potential nuisance from the proposed non-residential subdivisions, including the provisions of extra depth and setback in parcels backing up on existing or potential residential development and provisions for a permanently land- scaped buffer strip when determined necessary by the Commission. (6) Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas, or connected to streets intended for predominantly residential traffic. (7) Non-residential subdivisions shall take into account and specifically designate all private areas proposed for vehic- ular circulation and parking, for pedestrian circulation, and for buffer strips and other landscaping. (8) Suffer strips shall consist of landscaped areas which are designed to shield and otherwise soften the effect of the • nos -residential subdivision on nearby residential areas. Such buffer strips shall be improved to standards as specified in Chapter 26 "Zosiag". 2b.1S(e) �41 r Flltl_!, .�_'.��;:,`^�-'`�!'1Ci� �•�� . �1L�. tA11�11OY1�11kNTli _A�1fD ORAbtNO_RllQtl2At�MlS�1'!'J! Mieitt Resiuiron�entst 8ubdiv,�sions and parcel TM ttabdivider shall Improve or agree to improve all streets, tboroughfares, public ways or public or private easements within the development aid adjacent thereto, as required to serve the development. No grading or improvement work shall be commenced uatil either an appropriate subdivision improvement agreement, land alteration permit, or streeit oncroaehment permit has been approved and any necessary bonds posted. Improvements shall be Installed to line and grade and in accordance with the standard drawings and specifications of the City and/or as determined by the City Engineer. Street structural- sections shall be designed In accordance with the "Division of Highways Stabilometer Method" or such comparable method as may be approved by the City.Engineer. The minimum improvements which the subdivider shall normally be required to agree to install, at his own cost, in the creation of a parcel or parcels ahall include the following: Q (1) (trading, curbs and gutter, paving and drainage struc- tures necessary for the proper use and drainage of the development, streets, highways and/or public safety. (2) Site grading and .1rainage, taking into consideration the drainage pattern of adjacent improved or unimproved property and making drainage provisionro adequate for total ultimate develop- ment of the natural tributary area. Runoff quantities to be anticipated shall be derived from the drainage study as herein defined, or by such other method as may be approved by the City Engineer. Alternate methods shall be fully substantiated by the engineer of work. Grading shall be in full conformity with the provisions of the appropriate ordinances of the City. Drainage facilities and concepts shall conform to the requirements of the Coachella Taller County Eater District and the City Engineer. (a) .@treat Pam and traffic control signs. (4) Aidswalks and bicycle paths. (5) Eire hydrants and h water system with Mains of suffi- elest sine sad capacity to provide future extensions to adjacent ,. .. _ P1 PtV awl laving a sufficient ngmbor of serviced to furnish as ate water supply !or each lot or parcel in the subdivision and to provide adoquate fire protection. Water system mains shall extend to the boundaries of the pareai map and subdivision. All domestic water shall be taken from the City approved public system serving the subdivision. (a) Sanitary sewer facilities and connections for each lot. newer mains, whose size and depth shall be adequate to serve adjacent and upstream properties, shall extend to the boundaries of the parcel split or subdivision. (7) Street trees as required by the Director. (8) Underground utilities, (9) Provision shall be made for any and all railroad cross - lags necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California State Public Utilities Commission for Lbe establishment and improvement of such crossings. (10) Hid -block pedestrian ways, where required. (11) Improvements on private access easements shall be required as determined by the City Engineer. (12) Street lighting facilities shall be provided in accord- ance with the Council's policy for the area of the City where the subdivision is located. Lighting shall be adequate to permit proper policing of the subdivision and shall be so screened or otherwise designed as not to interfere with views from the hill- sides of the City. (la) All utility distribution lines including, but not limited to electric, communisation, natural gas, -and cable tele- vision lines installed is and for the purpose of supplying service to any subdivision shall be placed underground. Undergrounding shall include existing above ground facilities located within the • subdivision and extending to the first existing pole outside the subdivision. Equipment appurtenant to underground facilities, such as surface -Mounted transformers, street light poles, pedestal mounted terminal boxes and meter cabinets and concealed ducts may be Installed above the surface of the ground subject to the approval Z6,14(1) of, the City Ssgineer. Y' '^ Us.subdiolJor is restmeiblo for complying with tho require- .-, . . swats of this Section, and shall lake the neeosnary arrangements with the utility companies involved for the installation of said facilities. (14) Traffic signals in an amount proportionate to the bene- tits rieeived according to rules and regulations as mny be adopted from time to time by the Council. Sec. 26.14-2 Underground Utilities All underground utilities, including, but not limited to, sanitary sewers, storm drains and natural gas distribution facil- ities installed in streets or alleys shall be constructed prior to the surfacing of such streets or alleys. Connections for all underground utilities and sanitary sewers shall be laid to such length as will obviate the necessity for disturbing the street or alley improvements when the service connections thereto are made. Sec. 26.14-3 Wells Q All wells shall be abandoned by sealing in a manner satis- factory to the City Engineer or shall be transferred to the owner- ship of the cognisant water agency serving the property unless specific approval to retain the well for private use is granted by the City at the time of approval of the tentative map. The locations of such wells shall be shown on the final map and well logs, if available, shall be submitted to the Coachella Valley County .Water District. • Sec. 96.14-4 Completion ♦ complete iinprovemeat plan "as built" shall be filed with the City tagine@r upon completion of these improvements; said "as built" plans to be drawn on copies of the original tracings and certified an to accuracy and completeness by the subdivider$@ licensed contractor. Upon receipt and acceptance of the "as built", the City Eagineer may accept the public improvements. Wes. SO.14-b &2Mtsugg of T!Mroyements '!'he City tagineer shall have the authority and responsibility to aeeept public improvements and approve site grading relative to 26,14(3) h.. MWJ*iaien •t I" whether• through the Mjor subdivision procaMe tills 3;�t.r,.*ale�l split prooens. Oompivtien of all Improvements uVor trading is oostuiplated by the subdivision improvement '9AMeanent, the land alteration parmit or the street encroachment Y peralt in a condition of approval and acceptance. _h 1 .w ".'.. r ART OA 86.13 NIR2tAl1IMIMM ANTE_ CWMWITT Mn3l,1C VAC1LIMS ;�'�_��'-� �;•_�:. . fee. N8.1d�1 Attpase kt►d infant It is the purpose and intent of the provisions of this Article to require the reservation or dedieetion of land directly oeeefiting the regulated subdivision in order to provide for necessary public facilities including, but not limited to, sites for parks and recreational areas, open space, or other public facilities as deemed necessary. In addition to requirements for reservation and dedication of lands, provision is made herein for the payment of fees in lieu thereof for the acquisition of lands outside of the regulated subdivision, which lands will pro- vide equivalent sites for the purposes set forth herein to benefit said regulated subdivision. In each case it is the intent that the subdivision will receive the direct benefit upon which the exaction was postulated. Sec. 26.15-2 Neighborhood Facilities The subdivider may be required to reserve sites, appropriate In area and location, for necessary and desirable neighborhood facilities, such as parks and playgrounds. Such sites shall be located in accordance with the principles and standards contained herein or expressed in the General Plan. School sites may be required to be dedicated in accordance with the provisions of Section 68478 of the flap Act. Recreation sites shall be dedicated In accordance with the provisions of Section 64477 of the flap Act and the provisions of this Code, or in the alternative a fee shall be paid as required herein. Sec. 26.15-3 Determination of Need The neighborhood facilities needed shall be determined on the basis of the estimated number of families in the area to be served by the facilities. Sec. 26.15-4 Service Area The definition of service areas determining the need for neighborhood facilities at the district or community level shall be based on the General Plan. The "Planning Neighborhood" will oormlly provide the basis for estimating the number of families to be served by facilities at the local level. A "Planning 26.15(1) OsiabborbaW aM►11 lsnofar as possible exhibit the following (1) It in bounded, rsther than binected, by major thorough- fares or other substantial land use or natural barriers to podes- triaa traffic. t!) .it is usually not over a mile in extent to any direction. (3) It contains a Minimum of five hundred (500)'families. Sec. 26.13-5 Principles and standards The following principles and standards are intended to serve as a general guide in determining the neighborhood facilities for which sites normally will be required. (1) Whenever possible, playground and neighborhood recreation areas shall be developed in conjunction with elementary school sites. (2) Where ravines,ineluding natural waterways, are included within the boundaries of a subdivision, such ravines may, at the discretion of the City, be reserved for public use, including recreation and•the disposal of stor"aters. These purposes may Qbe accomplished through dedication and/or storm drainage and scenic easements. Sec. 26.15-6 Dedication of -Land for -Park and Recreation Purvoses Pursuant to the Map Act, as amended, a subdivider, as a condition of approval of a final subdivision map, shall dedicate land, pay a fee in lieu thereof, or combination thereof, at the option of the Council, for park or recreation purposes according to the following standards: (1) For subdivisions of one hundred (100) lots or more, the subdivider shall dedicate land or pay a fee, or combination thereof In such ratio recomsended by the Commission and approved by the Council. Dedication of land shall be at the rate of not less than one and two-tentbe (1.2) acres of land per one hundred (100) late In the subdivision or five (6) percent of the total area in the subdivision, whichever is greater, The rate for payment shall be per Section 26.15-40). (8) For subdivisions containing between fifty (50) and one hundred (100) lots, the subdivider shall dedicate land, or pay a i 26.15(2) t •'w : may. ft*s of blab, is INGh ratio as recam�ended by the CamMinaton and :;, 1rbrarl by. the Oeasail. The rates top dedication and payment shall be determined as in 8"etions 28.15-80), (3) ibr subdivisions containing less than fifty (50) lots, the subdivider shall pay a foe equal in value to the appropriate percentage of one and two -tenths (1.2) acres per one hundred (100) lots or five (5) percent of the total land area in thq subdivision, whichever is greater. The fee shall be based on,the average appraised market value of the undeveloped land in the subdivision as determined most recently by the County Assessor. (4) For proposed ec.ndominium or multi -family developments, the number of dwelling units proposed shall be considered as the number of lots for the requirements specified in this Section, or It no particular number of dwelling units is proposed the require- ments shall be based on the average number of dwelling units per acre permitted in the zoning regulations which apply to the land to be subdivided. (5) All land to be dedicated for park or recreational pur- poses shall be found to be suitable by the Commission and the cognizant Recreation Agency subject to Council approval an to locations, parcel size, and topography for the park and recreation purposes may include active recreation facilities such as play- grounds, playfields, pedestrian or bicycle paths or areas of partic- ular natural beauty, including canyons, hilltops and wooded areas to be developed or left in their natural state. (6) Land to be dedicated may include all of a proposed park or reersutional facility, or may include only part of a facility. such partial dedication may be added to by public land purchase or by dedication of additional land on adjoining property not owned by the subdivider. (7) At the time of approval of the Final Map, the City shall "@city when development of the park or recreational facility shall begin. (s) The provisions of thin section shall not normally apply to isduatriai subdivisions; however, the Commission may reoommend as s eosditioa of approval, the dedication by an industrial subdi- vider of that portion of a stream bed or drainage channel falling 26.150) Oi- "id to ridl subdivision when mob portion iorias part of p M,fpo* Nt"ph designated is the General Plan, w, 0 Ft Mgja ftu IN 14161 161-SilAt ton A" act 100 Or Proceeding to attach. review, not aside, void at saftel the decision of the Council concerning a Rubdivision, or Say of the PreasodlaRs, act or determinations taken. done or wade Ptior to such decision. or to determine the reasonableness, legality or validity of any condition attached hereto In a court of On 4POtent jurisdiction, shall not be maintained by any person valess such Item or proceeding In commenced within one hundred and eighty (180) days after the date of such decision. There- after, ail persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations. 26.16(1) I