A. This Chapter 16 is enacted for the purpose of adopting subdivision regulations in accordance with the Subdivision Map Act contained in California
Government Code, Title 7, Division
2. All divisions of land shall be subject to the provisions of this chapter, unless otherwise provided herein.
B. Further,
it is the purpose of this Chapter 16 to encourage new concepts and
innovations in the arrangement of building sites within subdivisions.
Deviations from the traditional mechanical approach to the division
of land are encouraged in order to facilitate the ultimate development
of the land and physical amenities in a manner that will be commensurate
with contemporary living patterns and technological progress.
(Prior code § 19.1; Ord. 5006-B, 1999; Ord. 5728-B § 1, 2013)
As used in Chapter 16, the following terms are defined in this
section.
"Access road"
means any street or road passing adjacent to or through the
subdivision which carries the major flow of traffic, and onto which
traffic entering from side streets and driveways may be controlled.
"Agency director"
means the head of the community development/resource agency
of Placer County.
Appeals board.
1.
Major subdivisions.
The Placer County board of supervisors is designated as the
"appeals board" for all appeals regarding major subdivisions.
2.
Minor subdivisions.
The board of zoning appeals is designated as the appeals
board for all appeals regarding minor subdivisions.
"Aquatic resources" or "aquatic resources of placer county"
include waters of the United States, waters of the state, stream systems, and constituent habitats for aquatic/wetland complex(es), vernal pool complex(es) and riverine/riparian complex(es) within the stream system, and includes all definitions described in Chapter
3 of the HCP/N
CCP (Physical and Biological Resources) and Chapter
3 of the CARP (Placer County Aquatic Resources Protected by the CARP).
"Block"
means land on one side of a street lying between intersecting
or intercepting streets or between such streets and any railroad right-of-way,
unsubdivided acreage, or body of water.
"Board"
means Placer County board of supervisors.
"Building site"
means a parcel or lot occupied or intended to be occupied
by building or structures.
"Community development resource agency"
means the agency which provides planning and direction over
those county functions that provide land use planning, management
of natural resources, building, inspection and code enforcement services,
and other permit and land use services to the citizens of Placer County.
The agency includes the divisions of engineering and surveying, planning,
and building and performs land development core functions such as
infrastructure planning, surveying and mapping, permits and construction.
"County"
means county of Placer, California.
"Design"
means and shall include:
1.
Street alignments, grades and widths;
2.
Drainage and sanitary facilities and utilities, including alignments
and grade thereof;
3.
Location and size of all required easements and rights-of-way;
4.
Fire roads and firebreaks;
5.
Lot size and configuration;
8.
Land to be dedicated for park or recreational purposes; and
9.
Such other specific requirements in the plan and configuration
of the entire subdivision as may be necessary or convenient to insure
conformity to or implementation of the general or specific plans of
a city or county.
"Drainage way"
means natural depression in the earth's surface such as swales,
ravines, draws and hollows in which surface waters collect as a result
of rain or melting snow but at other times are destitute of water.
As defined herein, a drainage way may be an aquatic resource subject
to the requirements of Chapter 19, Article 19.10 (Placer County Conservation
Program).
"Evidence of title report"
means the same as preliminary title report with off-tract
easements and rights appurtenant to the property for utilities, access
and other required uses from a county maintained road shown and declared
existing as shown on the parcel map to be recorded.
"Final map"
means a map prepared in accordance with the provisions of
this chapter and the Subdivision Map Act of the state of California,
and which is designed to be recorded in the recorder's office.
"Flood hazard"
means possible occurrence of overflow storm water causing
flooding of lands or improvements, or having sufficient velocity to
transport or deposit debris, to scour the surface soil, to dislodge
or damage buildings, or to cause erosion of the banks or channels.
"Floodplain"
means areas adjoining a water course, lake or other body
of water that have been or may be covered by flood waters.
"Flood water"
means waters from water courses or bodies of water that temporarily
inundate the land in floodplains.
"Frontage"
means that portion of the lot or block measured along the
property line adjacent to the street.
"Health department"
means the Placer County health department. Highway. (See
also "Street.")
3.
"Public highway"
means a street used by the public but not formally accepted
by the county.
"Improvement plan"
means an engineering plan submitted by a civil engineer registered
by the state of California, showing the location and construction
details of all improvements required for the subdivision.
Improvements.
See also "Noncounty improvements."
1.
"Improvement"
refers to such street work and utilities to be installed
or agreed to be installed by the subdivider on the land to be used
for public or private streets, highways, ways, and easements, as are
necessary for the general use of the lot owners in the subdivision
and local neighborhood traffic and drainage needs as a condition precedent
to the approval and acceptance of the final map thereof.
2.
"Improvement"
also refers to such specific improvements or types of improvements
the installation of which, either by the subdivider, by public agencies,
by private utilities, or by combination thereof, is necessary or convenient
to insure conformity to or implementation of applicable general or
specific plans of a city or county.
"Land development manual"
means the official land development manual of the county
of Placer, including those portions of the Placer County Code contained
therein.
"Land project"
means is a subdivision or subdivided lands within this state
which satisfies all of the following conditions:
1.
The subdivision of subdivided lands contains 50 or more parcels
of which any 50 are both:
a.
Not improved with residential, industrial, commercial or institutional
buildings; and
b.
Offered for sale, lease or financing for the purposes other
than industrial, commercial, institutional or commercial agricultural
use.
2.
The subdivision or subdivided lands are located in an area in
which reside less than 1,500 registered voters within the subdivision
or within two miles of the boundaries of the property described in
the final public report.
3.
Not constituting a community apartment project as defined in
California
Business and Professions Code Section 11004, a project
consisting of condominiums as defined in Section 783 of the Civil
Code, or a stock cooperative as defined in Section 11003.2 of the
California
Business and Professions Code.
"Lot"
means that portion of land in a subdivision which is delineated
or described as a single integral unit, as shown on the map of the
subdivision.
"Lot line adjustment"
means a lot line adjustment between two or more adjacent
parcels; where the land taken from one parcel is added to an adjacent
parcel, and where a greater number of parcels than originally existed
is not thereby created, provided the lot line adjustment is approved
by the local agency or advisory agency.
"Major subdivision"
means subdivisions creating five or more parcels, five or
more condominiums as defined in Section 783 of the
Civil Code, or
a community apartment project containing five or more parcels except
for those subdivisions which meet the criteria for a minor subdivision.
All major subdivisions require a tentative map and a final map as
specified in this chapter.
A "minor subdivision"
requires a tentative and a parcel map, or a waiver. A minor
subdivision is defined as all subdivisions creating less than five
parcels, or subdivisions creating five or more parcels and meeting
the following criteria:
1.
The land before division contains less than five acres, each
parcel created by the division abuts upon a maintained public street
or highway and no dedications or improvements are required by the
legislative body; or
2.
Each parcel created by the division has a gross area of 20 acres
of more and has an approved access to a maintained public street or
highway; or
3.
The land consisting of parcels of land having approved access
to a public street or highway which comprises part of a tract of land
zoned for industrial or commercial development, and which has the
approval of the governing body as to street alignments and widths;
or
4.
Each parcel created by the division has a gross area of 40 acres
or more, or each of which is a quarter-quarter section or larger,
or such other amount, up to 60 acres, as may be specified by local
ordinance.
"Noncounty improvements"
means improvements to be made by the subdivider but not required
to be offered for dedication to the county. Such noncounty improvements
may include private roads, public highways, public utilities, private
sewage disposal, sewer systems to be furnished to other governmental
entities, and water distribution systems to be furnished to other
governmental entities.
"Parcel"
means real property which is contiguous and under one ownership.
Property shall be considered contiguous even if separated by streets,
easements or railroad rights-of-way.
"Parcel map"
means a map showing a division of land defined as a minor
subdivision, and prepared in accordance with the provisions of this
chapter and
Government Code Section 66444.
"Park"
means public or private land or open space reserved from
dwelling unit development for use by occupants of the subdivision.
"Path"
means a way designed for use only by pedestrians.
1.
"Public paths"
means only such paths whose right-of-way is dedicated upon
a subdivision map, or deeded to and accepted by the governing body
of the county.
2.
"Private paths"
means a path offered for the benefit of the owners of certain
lots which lots shall be designated for that purpose on the subdivision
map.
"Person"
means an individual, partnership, corporation, business association
or group of individuals, and any governmental entity.
"Ponding of local stormwater"
means standing stormwater in local depressions. As distinguished
from sheet overflow, this water originates on or in the vicinity of
the subdivision, and due to the condition of the ground surface does
not reach a drainage channel or conduit.
"Private street"
means any parcel of land or nonexclusive easement not owned
by the county, cities or states, nor offered for dedication to the
public, and which is used, or intended to be used, for vehicular access
to a lot or parcel. (See also "Highway.")
"Sheet overflow"
means water of minor depths either quiescent, or flowing
at velocities less than those necessary to produce serious scour.
"Surface water"
means water falling upon, arising from and naturally spreading
over lands and produced by rainfall, melting snow or springs.
"Surveyor"
means the Placer County surveyor unless the context indicates
otherwise.
"Specifications"
mean Chapter 16 specifications for construction as shall
be approved by the board of supervisors and made a part of this chapter
by reference thereto, and in effect at the time of filing of the tentative
map of the subdivision. See "Land development manual."
"Street"
means a way, excluding a path or alley, for pedestrian and
vehicular traffic, and including avenues, roads, highways, squares,
lanes, courts and places.
"Tahoe Basin"
means the unincorporated area of Placer County which is tributary
to the Truckee River or Lake Tahoe.
"Tentative map"
means a map made for the purpose of showing the design of
a proposed subdivision as required by this chapter.
"Thoroughfares"
mean those roads of general county importance which are designed
as county thoroughfares, either existing or proposed, on a regularly
adopted general plan.
"Trail"
means a way designed for use by pedestrians, bicycles, trail
bikes, and horses, unless otherwise specified.
"TRPA"
means the Tahoe regional planning agency.
"Watercourse"
means a running stream of water; a natural stream including
rivers, creeks, runs and rivulets. It may sometimes be dry but must
flow in a definite channel. As defined herein, a watercourse may be
an aquatic resource subject to the requirements of Chapter19, Article
19.10.
(Prior code § 19.20; Ord. 5006-B, 1999; Ord. 5373-B, 2005; Ord. 5618-B § 3,
2010; Ord. 5688-B § 7,
2012; Ord. 6042-B § 1,
2020)
When any provision of state law or this chapter requires the
execution of any certificate, affidavit or document, or the performance
of any act by a person in his or her official capacity, and such person
is also a subdivider, or officer, employee or agent thereof, such
execution or act shall be performed by some other person duly qualified
theretofore and specifically designed so to act by the board of supervisors.
Such specially designated person shall not be subordinate to the person
disqualified.
(Prior code § 19.30)
Whenever a public hearing is held regarding a tentative, final
or parcel map of a subdivision, including appeals by the subdivider
or hearings of a complaint filed by any interested person adversely
affected by a decision of the advisory agency or appeals board, such
hearing such have a public notice of time and place thereof at least
10 days before the hearing. Notice shall be given as per Government
Code Section 66451.3.
(Prior code § 19.33)
A. Land
subject to the provisions of a land conservation agreement may not
be divided for any purpose unless a new land conservation agreement
providing for such divisions is approved for each resulting parcel
in accordance with the Administrative Rules for Williamson Act Lands
in Placer County, except when notice of nonrenewal of the contract
has been served, as provided in Section 51245 of the Act, and as a
result of that notice, there are no more than three years remaining
until the expiration of the contract.
B. Land
encumbered by a conservation easement that has been recorded for the
purpose of enrolling the property into the P
CCP reserve system may
not be divided for any purpose unless it is in the furtherance of
the goals, objectives, and management of the P
CCP's reserve system
and the conservation easement provides specific language authorizing
the further division of the property.
(Prior code § 19.36; Ord. 5521-B § 1, 2008; Ord. 6042-B § 1, 2020)
At the time of making application for a map reverting a subdivision
to acreage, the applicant shall pay a nonrefundable fee of $1,150.
(Prior code § 19.208)
Application may be made by a property owner for modifications
of restrictions appearing in the conditions, covenants and restrictions
or appearing on the recorded final subdivision map or final parcel
map under the following conditions:
A. Such
application may be made as to any restrictions enforceable by the
county of Placer.
B. Such
application shall be made and proceedings had in accordance with the
variance provisions and appeal provisions contained in Chapter 17,
Zoning, of this code.
(Prior code § 19.400)