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)
B.
Minor
Subdivisions. A parcel review committee is established as the advisory
agency to which all minor subdivision applications and parcel maps
shall be submitted for investigation. The committee shall consist
of representatives of the department of health, planning and public
works.
(Prior code § 19.10)
As used in Chapter 16, the following terms are defined in this
section.
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.
means the head of the community development/resource agency
of Placer County.
Major subdivisions.
The Placer County board of supervisors is designated as the
"appeals board" for all appeals regarding major subdivisions.
Minor subdivisions.
The board of zoning appeals is designated as the appeals
board for all appeals regarding minor subdivisions.
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/NCCP (Physical and Biological Resources) and Chapter 3 of the CARP (Placer County Aquatic Resources Protected by the CARP).
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.
means Placer County board of supervisors.
means a parcel or lot occupied or intended to be occupied
by building or structures.
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.
means county of Placer, California.
is a program that protects, streams, wetlands and other aquatic resources as defined in Section 19.10.040.
means a covered activity as defined in Section 19.10.040.
means and shall include:
Street alignments, grades and widths;
Drainage and sanitary facilities and utilities, including alignments
and grade thereof;
Location and size of all required easements and rights-of-way;
Fire roads and firebreaks;
Lot size and configuration;
Traffic access;
Grading;
Land to be dedicated for park or recreational purposes; and
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.
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).
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.
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.
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.
means areas adjoining a water course, lake or other body
of water that have been or may be covered by flood waters.
means waters from water courses or bodies of water that temporarily
inundate the land in floodplains.
means that portion of the lot or block measured along the
property line adjacent to the street.
means the joint habitat conservation plan and natural community conservation plan as defined in Section 19.10.040.
means the Placer County health department. Highway. (See
also "Street.")
"County highway"
means a public highway formally accepted by the county.
"Maintained highway"
means a county highway maintained under the provisions of
the Collier-Burns Act.
"Public highway"
means a street used by the public but not formally accepted
by the county.
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.
See also "Noncounty improvements."
"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.
"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.
means the official land development manual of the county
of Placer, including those portions of the Placer County Code contained
therein.
means is a subdivision or subdivided lands within this state
which satisfies all of the following conditions:
The subdivision of subdivided lands contains 50 or more parcels
of which any 50 are both:
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.
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.
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.
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.
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.
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:
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
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
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
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.
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.
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.
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.
means public or private land or open space reserved from
dwelling unit development for use by occupants of the subdivision.
means a way designed for use only by pedestrians.
"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.
"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.
means an individual, partnership, corporation, business association
or group of individuals, and any governmental entity.
means the joint exercise of powers agency formed on March
25, 2020, by and among the county of Placer and the city of Lincoln
pursuant to the Joint Powers Act, Government Code Section 6500 et
seq.
means the program described and implemented pursuant to Chapter
19, Article 19.10 (Placer County Conservation Program).
means the Placer County planning commission.
means the planning division of the community development
resources agency.
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.
means disposal by septic tank and leach lines or septic tank
and sewer well.
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.")
means the Placer County department of public works.
See "Highway."
means water of minor depths either quiescent, or flowing
at velocities less than those necessary to produce serious scour.
means water falling upon, arising from and naturally spreading
over lands and produced by rainfall, melting snow or springs.
means the Placer County surveyor unless the context indicates
otherwise.
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."
means the stream channel (wet or dry) and the surrounding area as described in Section 19.10.040.
means a way, excluding a path or alley, for pedestrian and
vehicular traffic, and including avenues, roads, highways, squares,
lanes, courts and places.
means as defined by Government Code Section 66423.
means as defined by Government Code Section 66424.
means the unincorporated area of Placer County which is tributary
to the Truckee River or Lake Tahoe.
means a map made for the purpose of showing the design of
a proposed subdivision as required by this chapter.
mean those roads of general county importance which are designed
as county thoroughfares, either existing or proposed, on a regularly
adopted general plan.
means a way designed for use by pedestrians, bicycles, trail
bikes, and horses, unless otherwise specified.
means the Tahoe regional planning agency.
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 PCCP reserve system may
not be divided for any purpose unless it is in the furtherance of
the goals, objectives, and management of the PCCP'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)
[1]
Originally enacted as prior code Section 19.35. Because of
duplication, it has been renumbered for convenience.
A.
Any
person who violates any provisions of this chapter shall be guilty
of a misdemeanor.
B.
In
addition to any other remedy or sanction provided by law, any person
creating a subdivision without complying with the provisions of the
Subdivision Map Act or of this chapter shall be required to submit
his or her subdivision to the advisory agency and comply with the
requirements of this chapter. Such subdivider may be required to furnish
all easements, improvements, utilities and services under this chapter
to all lots created by the subdivision whether or not such lots have
been sold or leased.
(Prior code § 19.40)
A.
If
the subdivider or interested party is adversely affected by any action
or requirement of the advisory agency he or she may appeal the same
to the board of supervisors within 10 days.
B.
Appeal
shall be made in writing within 10 calendar days after such action
is taken or requirement imposed. Hearing on such appeal shall be held
within 30 calendar days after such appeal is filed.
C.
With
seven calendar days after the conclusion of the hearing, the hearing
body shall issue a written finding sustaining, modifying, rejecting
or overruling any section or requirement appealed from except that
such findings shall not be inconsistent with any requirement of state
law or this chapter.
D.
In
the event an appeal is granted which affects fire safe standards,
a finding shall be made that the variance will have the same practical
effect as the standard being appealed. A copy of the findings shall
be provided to the California Department of Forestry Headquarters
that administers State Responsibility Area fire protection in Placer
County.
E.
Each
applicant shall pay the current non-refundable filing fee for appeals.
(Prior code § 19.180)
A.
At
the time of making application for a certificate of correction, the
applicant shall pay a nonrefundable fee of $35 per certificate of
correction requested.
B.
The
fees are subject to cost adjustment each July 1st as specified in
Ordinance No. 2826 enacted August 19, 1980.
(Prior code § 19.206)
A.
At
the time of making application for an amended subdivision map, the
applicant shall pay a nonrefundable fee of $70 per amended map.
B.
The
fees are subject to cost adjustment each July 1st as specified in
Ordinance No. 2826 enacted August 19. 1980.
(Prior code § 19.207)
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)
A.
It
is realized that there are certain parcels of land of such dimensions,
topography and other conditions that it would work a hardship for
a subdivider to conform to all of the requirements of this chapter.
For that reason, a subdivider may make written application to the
board of supervisors to secure a variance from the provisions of this
chapter.
B.
A variance
shall be granted only when, because of special circumstances applicable
to the property, including size, proposed population, density, shape,
topography, location or surroundings, and criteria of the land development
manual, a deviation from the provisions of this section would beneficial
to the health, safety, peace or welfare of property in the vicinity
or of the county generally.
(Prior code § 19.277)
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)
