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)
A. 
Major Subdivisions. The Placer County planning commission is designated as the advisory agency to which all tentative major subdivision maps shall be submitted for investigation.
1. 
Note. See also Section 16.12.100 concerning approval of tentative major subdivision maps.
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.
1. 
Note. See Section 16.20.010 concerning approval of minor subdivisions.
(Prior code § 19.10)
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/NCCP (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.
"County aquatic resources program" or "CARP"
is a program that protects, streams, wetlands and other aquatic resources as defined in Section 19.10.040.
"Covered activity"
means a covered activity as defined in Section 19.10.040.
"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;
6. 
Traffic access;
7. 
Grading;
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.
"Habitat conservation plan and natural community conservation plan" or "HCP/NCCP"
means the joint habitat conservation plan and natural community conservation plan as defined in Section 19.10.040.
"Health department"
means the Placer County health department. Highway. (See also "Street.")
1. 
"County highway"
means a public highway formally accepted by the county.
2. 
"Maintained highway"
means a county highway maintained under the provisions of the Collier-Burns Act.
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.
"Placer Conservation Authority" or "PCA"
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.
"Placer County Conservation Program" or "PCCP"
means the program described and implemented pursuant to Chapter 19, Article 19.10 (Placer County Conservation Program).
"Planning commission"
means the Placer County planning commission.
"Planning department"
means the planning division of the community development resources agency.
"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 sewage disposal"
means disposal by septic tank and leach lines or septic tank and sewer well.
"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.")
"Public works department"
means the Placer County department of public works.
Road.
See "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."
"Stream system"
means the stream channel (wet or dry) and the surrounding area as described in Section 19.10.040.
"Street"
means a way, excluding a path or alley, for pedestrian and vehicular traffic, and including avenues, roads, highways, squares, lanes, courts and places.
"Subdivider"
means as defined by Government Code Section 66423.
"Subdivision"
means as defined by Government Code Section 66424.
"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 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)