For any subdivision which results in five or more parcels, and
which is subject to the provisions of this chapter, and which requires
grading plans for roads, utilities, building sites, or other improvements
such grading shall conform to the provisions of County Code Article
15.48.
(Prior code § 19.35; Ord. 5006-B, 1999)
For any subdivision which results in five or more parcels, where
erosion control measures are required, such measures shall conform
with the provisions of the land development manual.
(Prior code § 19.37)
Any test well or water supply well constructed pursuant to the
requirements of this chapter shall comply with Article 13.08 of the
Placer County Code.
(Prior code § 19.38)
Each subdivider shall comply with all of the requirements of
this section.
A. Streets.
1. A
subdivision must be contiguous to a maintained highway or connected
to a maintained highway with an improved off-site street. All streets,
both on-site and off-site, shall be constructed to the same county
standard and offered for dedication as public streets. If the streets
are not accepted for maintenance, then maintenance of on-site and
off-site streets shall be through the homeowner's association.
2. Where
a maintained highway fronts on or passes through any subdivision,
the portion of said section of highway fronting or passing through
the subdivision shall be improved by the developer. Such improvements
shall consist of:
a. For a maintained highway fronting on the subdivision, improvements
shall be required as necessary to establish an acceptable level of
service and safety with maximum improvements being one-half of the
full county road standard.
b. For a maintained highway which passes through a subdivision, improvements
shall be required as necessary to establish an acceptable level of
service and safety with maximum improvements being full county road
standard.
c. If the county determines that the horizontal or vertical alignment
of a highway is of low quality, the county may enter into an agreement
with the developer to realign or improve the highway. The county shall
be responsible for all costs related to the improvements above those
costs that the developer would have been liable for to improve the
highway.
3. Notwithstanding
any other provision of this chapter, the following policies shall
be applicable to all subdivisions:
a. Only those roads determined to be of general public benefit will
be accepted into the county's maintained mileage system without being
maintained by a county service area.
b. All other subdivision roads will be required, as a condition of acceptance
into the county's maintained mileage system, to be in a county service
area and funded therein for road maintenance.
c. All subdivisions shall have in the CC&Rs a homeowners association
with powers of assessment for road maintenance.
d. The above-mentioned CC&Rs shall also provide that, in the event
that the county service area does not provide sufficient revenue to
maintain such roads, the county may abandon such roads as public roads
and, in that event, the homeowner's association shall assume full
responsibility for maintenance of such roads.
e. All roads not accepted into the maintained mileage at the time of
final map, a continuing offer of dedication which the county may at
any time accept.
B. Sewer
System.
1. The
advisory agency may require that the subdivider connect to a sewer
and drain system having adequate plant capacity to handle the subdivision,
that the subdivider construct an adequate sewage treatment plant and
lines if there is no district having adequate capacity serving the
proposed subdivision; or may require such other means of sewage disposal
as shall be approved by the health department in accordance with the
provisions of the land development manual.
2. Lots
not served by sewers shall be suitable for private sewage disposal.
3. In
those areas within a subdivision served by a sewer system under the
jurisdiction of county, all sewer lines, sewage treatment facilities,
and appurtenances shall be constructed in accordance with the requirements
of the department of facilities services-special districts and health
departments. When within a local sanitary district, it shall be inspected
by the community development/resource agency under joint cooperation
if so desired by said sanitation district.
4. Approval
of improvement plans by the serving utility district for sewer improvements
is required. The approval shall signify that the serving utility district
shall accept the ownership of the facilities in the public right-of-way.
C. Monuments.
The subdivider shall construct permanent survey monuments at the locations
specified in the land development manual. The exterior boundaries
of land being subdivided shall be adequately monumented or referenced
before a map is recorded. Monuments and appurtenances shall conform
to the specifications prescribed by the community development/resource
agency and the land development manual.
D. Flooding
and Drainage.
1. The
subdivider shall design the subdivision so that it shall be protected
from inundation, flood hazard, sheet overflow and ponding of local
storm water, springs and other surface waters.
2. The
design of improvements shall be such that water occurring within the
subdivision will be carried off such subdivision without injury to
any improvements, residential sites, or residences to be installed
on sites within the subdivision, or to adjoining areas or cause erosion
of siltation that would be detrimental to the environment of the area.
3. Waters
occurring within the subdivision shall be carried to a storm drainage
facility or to a natural watercourse by such improvements as may be
required to meet the design standards herein set forth, and as outlined
within the land development manual.
4. Drainage
design within the subdivision shall accommodate reasonably anticipated
future development within the drainage area.
5. Any
off-tract outlet drainage facility required to carry storm water from
the proposed subdivision to a defined channel or conduit shall be
made adequate for the ultimate state of development in the drainage
area.
6. In
any case when a watercourse traverses or serves a subdivision, adequate
on-site and/or off-site easements for storm drainage purposes shall
be provided.
7. A
storm drainage maintenance district or acceptable alternate which
includes the entire subdivision shall be established for the maintenance
of storm drainage facilities within the subdivision and any off-site
drainage easements.
8. If
a storm drainage maintenance district has previously been established
within a particular drainage area, where said subdivision is being
proposed, the proposed subdivision shall be annexed to the existing
district.
9. In
the event that the county has adopted a drainage plan for said particular
drainage area, the subdivider shall be required to pay a fee consisting
of a pro rata share of the cost of contracting or estimated cost of
constructing drainage facilities within the drainage area.
E. Water
Supply.
1. Capacity.
The advisory agency may require that the subdivider connect to a state
or county regulated water system having adequate plant capacity to
handle this subdivision; that the subdivider construct an adequate
state or county regulated water system if there is no district or
water company having adequate capacity serving the proposed subdivision;
or may require such other means of individual well water as shall
provide adequate water supply to meet domestic and fire use. Fire
use shall be as required by the fire department serving fire district
or where no specification is given, as specified in the latest edition
of the California Fire Code adopted for use by the county.
2. State
and Code Construction Standards. In those areas within a subdivision
served by a water furnishing district or water company under the jurisdiction
of the state or county, all lines and facilities shall be constructed
in accordance with the requirements established by state law and this
code.
3. Lots
Two and Three-Tenths Acres or More. For subdivisions with lots a mean
average size of two and three-tenths or more acres:
a. Basic Requirements. The subdivider shall provide water for domestic
use on each lot by a state or county regulated water system except
where domestic water is to be provided by a separate well on each
lot. Then:
i. As to all lots of less than a mean average size of four and six-tenths
acres, the subdivider shall provide satisfactory evidence that well
water adequate for domestic use is available on each lot.
ii. As to lots of mean average size of four and six-tenths acres or more,
the subdivider shall provide satisfactory evidence that well water
adequate for domestic use is available on no less than 10% of the
proposed lots.
b. What is Adequate for Domestic Use. Well water shall be deemed adequate for domestic use if the water, the well or wells, and any storage facility meets all applicable state and county public health standards including
California Code of Regulations Title 22, Division
4, Chapter 15 primary standards regarding domestic water quality and monitoring and can deliver 1,200 gallons in a four-hour period at least once every 24 hours; provided, that the well produces at least one gallon per minute.
i. If water quality testing exceeds the maximum contaminant level (MCL),
an additional well will be required on each of the proposed lots prior
to final map or improvement plan approval whichever is proposed to
be approved first.
ii. If any additional wells exceed the MCL, the applicant may propose
installation of new wells, well modifications or installation of individual
point-of-entry (POE) treatment devices to reduce contaminant levels
in affected wells to below the MCL.
iii.
If POE treatment devices are proposed, the proposed treatment
devices shall be tested on each proposed well to verify they can effectively
reduce contaminant levels below the MCL. The applicant shall complete
all well installation and testing of proposed treatment systems prior
to final map approval. All proposed treatment systems shall be approved
by the state for treatment of identified contaminants and shall be
POE devices. Additionally, each proposed lot requiring treatment shall
have a deed restriction recorded outlining requirements for water
treatment for future owners in a form approved by the county.
c. When evidence is required to show that well water adequate for domestic
use is available, such evidence shall be provided as follows:
i. The health department shall approve the location of each well drilled
to provide such evidence.
ii. The subdivider may be required to provide additional wells as needed
to provide satisfactory evidence that well water adequate for domestic
use is available on each lot in addition to those required in subsection
(E)(3)(a)(ii) of this section.
d. Fire Suppression. The water supply system shall meet the requirements
for fire flow and flow duration as specified by the local fire protection
entity. In the event that no fire flow or flow duration are specified,
the minimum allowable standard shall be as specified in the latest
edition of the California Fire Code adopted for use by the county.
4. Lots
Under Two and Three-Tenths Acres. For subdivisions with lots less
than two and three-tenths acres mean average parcel size, domestic
water shall be provided to all lots by a state or county regulated
water system.
5. Priority
of Serving Entities. The legal entity supplying the water shall be
determined in accordance with the following priority listing, a lower
priority listing being eligible only if the entity having a priority
will not have the capability of supplying the development upon completion
of the water supply system:
a. Placer County water agency;
b. An existing public district within which the development is located;
c. An existing public district which is willing to annex the development;
d. An existing public utility regulated by the public utilities commission;
e. A public utility to be formed which will be regulated by the public
utilities commission.
f. Mutual water companies or corporations, and home owners associations
shall not be permitted to be the water supplier. For the serving entities
identified in subsection (E)(5) of this section, individual water
treatment systems on the proposed individual lots will not be permitted.
6. Quality
and Quantity. Domestic water shall meet all the local and state standards
for quality and quantity after consideration of treatment of water
from the source. Any treatment plant, storage facilities and appurtenances
used to render water safe for domestic use must be approved by the
local and/or state health department.
7. District
Approval Required. Approval of improvement plans by the utility district
for water service supply and maintenance is required. The county water
capacity form shall be completed and submitted to the county, stating
that the district has the capacity to serve and meet the flows and
volumes required for domestic use and fire protection for this development,
over and above previously approved and existing users.
F. Main
Sizes for Fire Hydrants. All water mains supplying water to fire hydrants
shall conform to the specifications of the land development manual.
G. Lot
Size. In addition to minimum zoning requirements the following items
shall be considered by the advisory agency in determining the minimum
lot size:
1. The
suitability of the land for the proposed lot density;
2. The
suitability of the individual lot sites for the proposed use.
The specific items to be considered in determining subsections
(G)(1) and (G)(2) of this section shall include but not be limited
to:
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4. Building
sites within the lot;
5. Excessive
grading required for the installation of driveways, parking, utilities,
sewer and water facilities;
6. Revegetation
of cut, fills, and trenches which may be required;
7. Any
of the items mentioned in the environmental impact statement.
H. Title
Report. The subdivider shall produce satisfactory evidence as to the
person that has title to the land, shall identify all persons having
security interests or liens on the land, and shall provide satisfactory
evidence that the land has not been previously subdivided or that,
it has, a map has been duly filed reverting it to acreage.
I. Inundation
and Avalanches. The subdivider shall produce satisfactory evidence
that the land proposed for subdivision is not subject to flooding
inundation, avalanches, or land or earth slides.
J. Utility
Easements. The subdivider shall be required to offer for dedication
easements and rights-of-way for the furnishing and servicing of utilities.
K. Off-Site
Drainage Fees. Any subdivider subdividing property within the areas
designated by Numbers 1 through 9 on Exhibit A, attached hereto and
incorporated herein by this reference, shall pay the sum of $382 per
acre for the construction of off-site drainage in accordance with
the drainage plan adopted by the Placer County board of supervisors
by Resolution No. 70-490. (See below for text of Resolution No. 70-490).
Resolution No. 70-490 provides as follows:
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IT IS HEREBY RESOLVED that the Off-Site Drainage Plan,
shown in Exhibit A, attached hereto and incorporated herein by this
reference, is hereby adopted for the area shown in Exhibit B, attached
hereto and incorporated herein by this reference.
IT IS FURTHER RESOLVED by the Placer County Board of Supervisors
that the estimated costs shown on said Off-Site Drainage Plan are
necessary for the construction of the required facilities as shown
on said Plan, and that the drainage facilities shown thereon are in
addition to all local drainage facilities serving said area.
(Exhibit B map referred to is the same as above)
L. Building
Sites.
1. The
creation of building sites through mass pad grading and successive
padding or terracing is prohibited.
2. Building
sites within floodplains, watercourses or the high water level of
any lake are prohibited and the subdivider shall provide through deed
restrictions, conditions, covenants and restrictions, easements or
other method acceptable to the county that no building or structures
will be constructed in such areas.
M. Conditions,
Covenants and Restrictions. Conditions, covenants, and restrictions
("CC&Rs") shall be prepared for all subdivisions when required
by the advisory agency. The CC&Rs shall include provisions for
maintenance of recreational facilities, open space, common areas,
etc., and shall be enforceable by the county.
N. Placer
County Conservation Program.
1. The
advisory agency will require that the subdivider comply with applicable
requirements of Article 19.10 (Placer County Conservation Program)
if the project is or includes a covered activity.
2. If Article 19.10 applies to the project, no building permit, grading permit, stream system grading permit, grading plans or improvement plans shall be issued until after an authorization of take and, if applicable, an authorization of impacts to aquatic resources has been extended in accordance with Section
19.10.070.
3. Permit Coordination with the P
CCP. Any authorization extended to the project pursuant to Chapter 19, Article 19.10 shall run concurrent with the time limits imposed on the tentative map. The requirements of this section for the exercising of permits and processing of extensions of time shall also apply to authorizations extended to the project pursuant to Section
19.10.120. Such authorizations shall expire when the tentative map has expired. When an extension of time has been granted for a tentative map, authorizations extended to the project pursuant to Article 19.10 shall also be extended as originally approved unless those authorizations are modified by the hearing body.
(Prior code § 19.100; Ord. 5217-B § 1, 2002; Ord. 5373-B, 2005; Ord.
6042-B § 1, 2020; Ord.
6165-B § 1, 2022)
A. An
environment impact report shall be required:
1. For
all subdivisions with the Tahoe Basin;
2. For
any subdivision as a condition of approval of the tentative map when
in the opinion of the advisory agency such report is necessary for
the proper review and appraisal of the tentative map.
B. In
cases of subsections (A)(1) and (A)(2), the report shall accompany
the tentative map at the time of filing. Such report shall contain
information concerning the environmental capacity of the lands within
and adjacent to the proposed development and the probable effects
of the proposed development.
1. Environmental
Capacity. With respect to environmental capacity, the report shall
contain detailed information concerning topography and slope; geologic
conditions and hazards, soil properties, capabilities, and limitations;
surface and ground water conditions; vegetation characteristics; location
of the stream system, biological resource assessments including the
identification of aquatic resources, and related environmental factors
pertinent to the property.
2. Effects.
With respect to the effects of the proposed development, the report
shall contain detailed maps and other information concerning grading,
planting, revegetation, landscaping, drainage, impacts to species
covered by the HCP/N
CCP and aquatic resources, and the means proposed
to best avoid conflicts with the environmental problems characteristic
of the site; a preliminary site plan showing lot lines, roads and
buildings; a statement as to the impact of the proposed uses on educational
facilities, fire and police services, transportation facilities, recreational
facilities, commercial services and facilities; and a statement as
to other off-site implications of the proposed uses such as the availability
of water, power and sewage treatment; and a study to determine the
economic impact of the subdivision on the county.
3. Technical
Language. The environmental impact report shall be prepared in technical
language and applicable portions thereof incorporated within the special
provisions of the agency director contract specifications.
(Prior code § 19.101; Ord. 5373-B, 2005; Ord.
6042-B § 1, 2020)
In all cases where a subdivision fronts on a public lake, reservoir,
watercourse or stream, reasonable public access by fee or easement
shall be provided from a public highway to the portion of such watercourse
within the proposed subdivision and a public easement shall be provided
along the portion of such watercourse within the subdivision. Exceptions
to this requirement include limitations on access to those public
watercourses, streams and aquatic resources that include sensitive
habitat for species covered by the HCP/N
CCP.
(Prior code § 19.103; Ord. 6042-B § 1, 2020)
Whenever a subdivider is required pursuant to Section 66475
of the
Government Code to dedicate roadways to the public, he or she
shall also be required to dedicate such additional land as may be
necessary and feasible to provide bicycle paths for use and safety
of the residents of the subdivision, if the subdivision, as shown
on the final map thereof, contains 200 or more parcels.
(Prior code § 19.104)
In order to better meet the ultimate goals of fire protection,
namely, protection of life, community and valuable property within
Placer County, each subdivider shall comply with the minimum requirements
of this section—unless greater are required by the serving fire
district. These standards are not intended to cover planned unit developments,
industrial or commercial developments; these types of developments
will undergo independent review.
A. Water
Supply.
1. Subdivisions
Proximate to Pressurized System. Any subdivision located in the vicinity
of an existing pressurized system as shown in subsection (A)(1)(a)
of this section, shall provide a pressurized hydrant system throughout
the subdivision. Such system shall consist of:
a. Proximity. All proposed subdivisions shall be required to extend
water lines to the subdivision and provide fire hydrants in the subdivision
in proportion to the number of proposed lots as follows:
i. Five to 10 lots maximum extension 500 ft.
ii. Ten to 25 lots maximum extension 1,000 ft.
iii.
Twenty-five to 50 lots maximum extension 1,500 ft.
iv. Over 50 lots shall be at the direction of the director of community
development/resource agency with maximum length of 2,500 feet.
b. Hydrant Spacing and Type. Fire hydrant spacing shall be a maximum
distance of 500 feet unless the fire agency approves a greater distance
for a specific reason. The minimum hydrant shall have a six-inch inlet,
one four-and- one-half-inch steamer and two two-and-one-half-inch
fire hose outlets or equivalent, unless otherwise approved by the
fire agency. Dry barrel type to be used in areas subject to freezing
unless otherwise directed.
c. Delivery Rate. The water supply system shall meet the requirements
for fire flow and flow duration as specified by the local fire protection
entity. In the event that no fire flow or flow duration are specified,
the minimum allowable standard shall be as specified in the latest
edition of the California Fire Code adopted for use by the county.
d. Maintenance. If the water purveyor or fire agency do not maintain
the water system and fire hydrants, then the developer shall establish
an approved entity to maintain the water system and fire hydrants
prior to final map approval.
2. Systems
Not Proximate to Pressurized System. Notwithstanding provisions of
Section 16.08.080(A)(6), subdivisions lying more than the distance
prescribed in subsection (A)(1)(a) of this section from a pressurized
water system, the following water supply requirements shall be met:
a. Storage Capacity Required. A minimum water storage tank or approved
combination of tanks equaling 10,000 gallons capacity shall be provided
and may be placed either above ground or below ground. Said tank shall
be of concrete, fiberglass or other approved noncorrosive or treated
material and have a gated connection with six-inch inlet, one four-and-one-half
inch steamer and one two-and-one-half inch hose outlet capable of
flowing 500 gallons per minute and meet the approval of the serving
fire agency.
b. Pools Owned by Homeowner's Association or County Service Areas. Inground
swimming pools of 10,000 gallons or more capacity may be substituted
for the above mentioned underground tank. Pools acceptable only for
developments below 5,000 foot elevation. Approved access to the pool
must be provided for drafting equipment, or an approved drafting hydrant
may be provided in lieu of access. Hydrants must be appropriately
signed to indicate they are for drafting purposes.
c. Storage and Distance. Provided the storage tank is connected to an
approved well or other approved automatic water refill source and
is maintained by a county service area, each ten potential lots or
portions thereof, shall have the ten thousand 10,000 gallons of water
storage provided in one tank, or combination of tanks. In the event
the storage tanks are not connected to an automatic refill source,
water storage in an amount equal to the number of lots being created
times 2,000 gallons shall be provided. The least water storage allowed
for a major subdivision is ten thousand (10,000) gallons. The maximum
distance from the water storage tanks to each potential lot, measured
by road, shall be as follows:
i. For lots up to and including three acres: 1,000 feet;
ii. For lots over three acres up to and including 20 acres: 2,000 feet;
iii.
For lots over 20 acres: no limit.
d. Height Above Ground. Distance from ground level to top of drafting
connections or standpipe shall be a minimum of 24 inches and a maximum
of 36 inches.
e. Depth Below Ground. The maximum depth to the bottom of the drafting
pipe in the tank shall be 10 feet (for buried tanks).
f. Tank Bottom. Unless sufficient head is provided, or otherwise approved
by fire agency, the bottom of the tank shall be at least one foot
higher than the drafting parking area. The drafting standpipe shall
be at the tank, and provided with a national standard two and one-half
inch fire department connection.
3. Parking.
An asphalt parking area with a minimum width of 12 feet and minimum
length of 40 feet, and a minimum structural section of two inches
of asphalt concrete over 10 inches of Class II aggregate base, shall
be constructed at the drafting connections. If the parking area is
not adjacent to an approved road, then a surfaced road with a minimum
width of 20 feet and a surfaced turnaround area shall be provided
to the drafting park area.
4. Filling.
It shall be the responsibility of the developer to provide for the
source of water for the proposed water tank and to ensure its initial
filling. Water source may be by well, irrigation, public water system,
trucking or any other approved system. The developer shall provide
for a procedure to ensure that the tank shall not become clogged with
plant growth or other debris that would impair the intended function
of the water tank.
5. Maintenance.
The subdivider shall establish a homeowners' association or county
service area to provide for assessments for the maintenance of the
tank or approved alternate water source, turnouts, drafting apparatus,
filling, parking areas and other appurtenances required in subsections
(A)(2) and (A)(3) of this section.
6. Alternative
Fire Protection Requirements. Alternative means of meeting fire protection
requirements is permitted; providing, the serving fire entity/CDF
has provided county with written notice that alternative methods have,
or will be, provided for the development to the satisfaction of the
fire entity/CDF. A clearance letter issued by the serving fire entity/CDF
and/or the signature of the entity on the improvement plans will be
conclusive evidence of fire district/CDF concurrence with the planned
fire protection improvements. Such clearance letter or plan sign-off
is required prior to improvement plan approval.
(Prior code § 19.105; Ord. 5217-B § 1, 2002; Ord. 5373-B, 2005)
Each subdivider and his successors who, within three years,
develop or complete the development of a subdivision comprised of
a single parcel or contiguous parcels having more than 400 dwelling
units within a single school district, which maintains an elementary
school, may be required to dedicate to the school district such land
as the local governing body of the school district shall deem necessary
for the purpose of constructing thereon schools necessary to assure
the residents of the subdivision adequate elementary school service.
A. This
section shall be applicable only to a subdivider and his or her successors
who have owned the land being subdivided for less than 10 years prior
to the filing of the tentative map.
B. This
requirement of dedication shall automatically terminate unless the
school district shall enter into a binding commitment with the subdivider
to accept the dedication within 30 days after the requirement is imposed
by the county. Such dedication shall be made prior to the construction
of the four-hundred-first (401st) dwelling unit.
C. The
school district shall, in the event that it accepts the dedication,
repay to the subdivider or his or her successors the original cost
to the subdivider of the dedicated land, plus a sum equal to the total
of the following amounts:
1. The
cost of any improvements to the dedicated land since acquisition by
the subdivider;
2. The
taxes assessed against the dedicated land from the date demand for
dedication is made;
3. Any
other costs incurred by the subdivider in maintenance of such dedicated
land, including interest costs incurred on any loan covering such
land.
D. "Dwelling
unit" as used in this section means a place of residence and may be
located in either a single or multiple dwelling unit building.
E. Any
person aggrieved by, or failing to agree to the reasonableness of
any requirement imposed pursuant to this section, may bring a special
proceeding in the Superior Court pursuant to
Government Code 66499.37.
(Prior code § 19.106)
If Article 19.10, Section
19.10.070 applies to the project, as a condition to the approval of a final subdivision/or parcel map, P
CCP development fees shall be paid, or land shall be dedicated for conservation purposes in lieu thereof, or a combination of both, as provided in Article 19.10, Section
19.10.100.
A. Purposes. The land and P
CCP development fees provided pursuant to Article 19.10, Section
19.10.090 shall be used for the purposes set forth therein.
B. Amount. The amount of P
CCP development fees required, and any land to be dedicated, shall be determined in accordance with Article 19.10, Sections
19.10.090 and
19.10.100.
C. Allocation Between Land and Fees. The allocation between land to be dedicated and/or fees to be paid in lieu thereof, and the location of any land to be dedicated must be consistent with Article 19.10, Sections
19.10.070 and
19.10.100.
D. Invalidity—Savings
Clause. If any section, sentence, clause or phrase of this chapter
is for any reason held by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remaining
portions of this chapter.
(Ord. 6042-B § 1, 2020)
As a condition to the approval of a final subdivision/or parcel
map, a portion of such land shall be dedicated for park or recreational
purposes, or a fee paid in lieu thereof, or a combination of both,
subject to the provisions of this section.
A. Purposes.
The land and fees received under this section shall be used for the
purpose of developing new or rehabilitating existing park or recreational
facilities to serve the residents of the subdivision for which received.
1. Fees
paid in lieu of land may be used to pay for administration of projects
funded by fees received under this section.
B. Amount.
The amount of land to be dedicated, or the amount of fees in lieu
thereof, or combination of land and fees, shall be determined by the
standards set forth in this chapter.
1.
a. The land areas required for dedication may be up to an amount equivalent
to that land necessary to provide five acres of park land per 1,000
residents in the proposed subdivision. In calculating the amount of
land necessary, the average number of persons per dwelling unit, based
on the most recent federal census, shall be used.
b. The subdivider shall without credit: (i) provide full street improvements
and utility connections including, but not limited to, curbs, gutters,
street paving, traffic control devices, street trees, and sidewalks
to dedicated land which is dedicated pursuant to this section; (ii)
provide for fencing along the property line of that portion of the
subdivision contiguous to the dedicated land; (iii) provide improved
drainage through the site that, where applicable, incorporates the
appropriate principles and strategies in the West Placer and East
Placer Storm Water Quality Design Manuals; and (iv) provide other
minimal improvements which the planning commission/parks commission
determines to be essential to the acceptance of the land for recreational
purposes.
2. The
fee required shall be $533 per resulting parcel on land zoned to permit
single-family residences, $389 per dwelling unit, on lands zoned for
multifamily residential use, and $351 per dwelling unit, on lands
zoned for age-restricted senior use.
3. Annual
Adjustment. All fees hereunder shall be adjusted each July 1st in
accordance with the United States Bureau of Labor Statistics Consumer
Price Index, for Urban Wage Earners and Clerical Workers, San Francisco-Oakland,
all items, said adjustment to be made by adjusting the amounts according
to the following formula:
4. The
adjustment in each fee will be calculated based on the difference
between the most currently available index and the index amount for
the same month of the previous year. The resulting figure to be rounded
downward to the nearest five dollars.
5. Upon
concurrence of the subdivider and the county, the subdivider may construct
public recreational facilities in lieu of fees required. The credit
given to the subdivider for design and construction of the public
recreational facilities shall be equivalent to an engineer estimate
for the cost of such improvements approved by the county. Phasing
of park improvements to coordinate with the phasing of residential
improvements by the subdivider shall be appropriately considered by
agreement between the county department of parks and open space and
the subdivider.
C. Park
Commission Recommendation. The planning commission/hearing body, in
its findings, may consider the recommendation of the parks commission
relative to the dedication of land and/or fees or both.
D. Fifty
Parcels or Less—Fee Only—Phases Development. Only the
payment of fees is required in subdivisions containing 50 parcels
or less. However, dedication of land may be required in phased developments
when the cumulative total of parcels in all phases exceeds 50 parcels.
E. Limitations.
Dedicated land and fees are to be used for the purpose of providing
local park and recreation facilities to serve residents of the subject
subdivision. If the general, specific or community plan for the county
calls for a larger park or recreational development within the serving
district or county service area containing the subdivision the lands
or fees may be applied to local park and recreational facilities within
the larger recreational are so long as the use otherwise complies
with
Government Code Section 66477(c).
F. Time
of Payment.
1. Land
or fees required under this section shall be conveyed to the county
prior to the approval of the final map. If the final map is not approved,
the land or fees shall be returned to the developer. No refunds will
be given for any fees paid under any prior ordinance.
2. Payment
With Building Permit.
a. Fees collected from lands zoned for multifamily residential use,
as provided in subsection (B)(2) shall be collected at the time that
a building permit (for a residential structure) is issued on the parcel
of land and such fee shall be based on the number of units for which
the building permit is issued and the fee in effect at that time.
b. It shall be a condition of approval of the subdivision or parcel
map, or waiver, that this provision be listed on the report document,
if existing, for said map or waiver.
G. Disposing
of Acquired Lands. Nothing in this section shall prohibit the public
agency from selling or trading land acquired under the provisions
of this section; provided, the proceeds of said sale or exchange are
used in conformance with the provisions of this section and such sale
or trade is reviewed by the planning commission.
H. Allocation
Between Land and Fees. The allocation between land to be dedicated
and/or fees to be paid in lieu thereof and the location of any land
to be dedicated shall be determined by the following standards:
1. The
park and recreational facilities must be in accordance with the principles
and standards contained in the recreational elements of the county's
general plan or more specific area plans and, where applicable, the
West Placer and East Placer Storm Water Quality Design Manuals.
2. The
land to be dedicated shall be suitable for the development of park
and recreational facilities, clear of encumbrances and with clear
title, as well as useful and accessible to the future inhabitants
of the subdivision.
3. The
dedication of land is to be preferred to the payment of fees; however,
the payment of fees or a combination of land and fees shall be considered
where suitable park and recreational sites do not exist within the
subdivision or when complete or partial payment of fees would better
suit the development of park and recreational facilities in the area.
4. Where
a combination of land and fees is required, the total value of such
dedication shall not exceed the cost of providing fully developed
park land and recreational facilities at the ratio of five acres of
developed park land per 1,000 people.
5. In
calculating the total value of the required dedication the value of
the land at the time of recording the final map shall be used along
with the latest avail-able cost figures for development of recreational
facilities.
I. Private
Facilities Credit. Where private park and recreational facilities
are provided in a proposed subdivision, and such space is to be privately
owned and maintained by the future residents of the subdivision, such
areas may be credited against the amount of land to be dedicated or
fees paid in lieu thereof, or a combination thereof, up to 50% of
the amount required, provided that the following conditions are met:
1. Developed
for Use. That yard, court areas, setbacks and other open space areas
required to be maintained by the zoning and building regulations shall
not be available for use as a credit unless actually developed for
active recreational use; and
2. CC&R
Restricted. The private recreation facilities and areas shall be restricted
for park and recreational purposes by covenants, conditions, and restrictions
running with the land in favor of the future owners of the property
within the tract which cannot be defeated or eliminated without the
consent of the board of supervisors. The private ownership and maintenance
of recreation facilities and areas shall be provided for in the CC&Rs;
and
3. Reasonably
Adaptable. That the proposed private facilities and areas are reasonably
adaptable for park and recreation purposes taking into consideration
such factors, as size, shape, topography, geology and access; and
location; and
4. General
Plan. That the proposed facilities are in substantial accordance with
the provisions of the recreational element of the county general plan;
and
5. Alternative
to Public Recreational Facilities. Such private recreational facilities
must provide a reasonable alternative to the park and recreational
facilities otherwise obtainable under this section; and
6. Types
of Facilities and Amount of Credit. The private recreation facilities
for which credit is given must contain at least one of the basic elements
listed in subsection (I)(6)(a), (b) or (c) of this section or a combination
of such plus other recreation improvements, (subsection (I)(6)(d)
of this section), that will meet a substantial portion of the specific
recreational park needs of the future residents of the subdivision.
Where one element (a), (b), or (c), is provided in this manner up
to a 25% credit may be granted, where two or more elements are present
up to the maximum 50% credit may be granted.
a. Recreational open spaces, which are defined as developed park areas
for active recreation pursuits such as soccer, golf, baseball, softball
and football and have at least one acre of maintained turf, per 1,000
residents, available for recreational use, with less than five percent
slope;
b. Court areas which are generally defined as tennis courts, basketball
courts or similar hard-surfaced areas specially designed and exclusively
used for court games;
c. Swimming pools where the minimum size is 1,000 square feet of surface
water area and where at least 10 square feet of surface water area
is provided per dwelling unit and where the surrounding deck area
is at least equivalent to the surface area of the pool;
d. Other recreational improvements which may be eligible to provide
a credit include: equestrian facilities within subdivisions which
permit the keeping of horses; improved stream, lake or beach access
areas; and other recreational facilities which the planning commission
determines to be appropriate.
7. Private
recreational facilities for which credit is given, pursuant to this
section, shall be constructed as a part of the first phase of the
subdivision receiving the credit.
8. There shall be no credit against the fees required by this chapter for the "in-tract" private recreational facilities required in a Planned Development as described in Section
17.54.100(D).
J. Exclusions.
The provisions of this section do not apply to the following:
2. Condominium
projects which consist of the subdivision of airspace in an existing
apartment building, which is more than five years old, when no new
dwelling units are added;
3. Parcel
maps for a subdivision containing less than five parcels for a shopping
center containing more than 300,000 square feet of gross leasable
area and no residential development or uses.
4. Subdivisions
containing less than five parcels and not used for residential purposes
shall be exempt from the requirements of this section; provided however,
that a condition shall be placed on the approval of the parcel map
that if a building permit is requested for construction of a residential
structure or structures on one or more of the parcels within four
years from that date of approval of such parcel map the fee shall
be required to be paid by the owner of each such parcel as a condition
to the issuance of such permit.
K. Invalidity—Savings
Clause.
1. If
any section, sentence, clause or phrase of this chapter is for any
reason held by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining portions of
this chapter.
2.
(f)
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The city or county, or other local public agency to which the
land or fees are conveyed or paid shall develop a schedule specifying
how, when, and where it will use the land or fees, or both, to develop
park or recreational facilities to serve the residents of the subdivision.
Any fees collected under the ordinance shall be committed within five
years after the payment of such fees or the issuance of building permits
on one-half of the lots created by the subdivision, whichever occurs
later. If such fees are no committed, they shall be distributed and
paid to the then record owners of the subdivision in the same proportion
that the size of their lot bears to the total area of all lots within
the subdivision.
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(Prior code § 19.343 and § 19.107; Ord. 5299-B Exh. A, 2004; Ord. 5824-B §§ 6, 7, 2016; Ord. 5917-B § 4, 2018; Ord. 6002-B § 4, 2020; Ord. 6075-B § 5, 2021)
Whenever the planning commission requires the installation of
roads, sewers, water supply systems or drainage facilities by the
subdivider, and such improvements are of benefit and value to other
land than that located within the subdivision, the planning commission
shall recommend to the board of supervisors an agreement with the
subdivider to reimburse the subdivider in whole or part for the use
of such improvements by other lands than those developed by the subdivider,
and may recommend to the board of supervisors the imposition and collection
of a charge for the use such facilities as provided in the Subdivision
Map Act.
(Prior code § 19.109)
A. At
the time the tentative map is approved, the advisory agency shall
impose, as a condition of such approval, restrictions on the improvements
which require clearing brush and trees, or of moving or earth by mechanical
equipment.
B. Such
restrictions shall include a provision that no such improvements may
be made for a given period of time, including the time up to the filing
of the final map.
C. All
grading done in conjunction with any subdivision shall be done in
accordance with the Placer County grading ordinance.
(Prior code § 19.110)
A. Required.
At the time the tentative map is approved, the advisory agency shall
impose, as a condition of such approval, the requirements to install
underground utilities as hereinafter provided.
B. P.U.C.
Standards.
1. The
installation of underground utilities shall comply with not less than
the minimum requirements for the placement of electrical and communication
facilities set forth in Public Utilities Commission General Order
128, and the installation of gas facilities set forth in General Orders
58S and 112B or any subsequent revisions thereof.
2. Equipment
appurtenant to underground facilities, such as surface mounted transformers,
pedestal mounted terminal boxes, and meter cabinets and concealed
ducts may be installed above the ground; provided, that such facilities
shall be located and designed so as to harmonize with the area and
shall be appropriately screened and landscaped.
C. Coordination.
The responsibility of the coordination and obtaining approval from
each utility concerned for the placement of underground utilities
shall rest solely with the subdivider.
D. Time
Schedule. The number of working days and the sequence of installation
for each utility shall be listed separately on the improvement plans.
The location of each utility facility and the common trench detail
shall be shown by plan and cross section on the improvement plan.
E. Arrangements
with Utility Companies.
1. The
subdivider shall be responsible for complying with the requirements
of this section and shall make the necessary arrangements of this
section and shall make the necessary arrangements with the utility
companies involved for the installation of said facilities.
2. An
agreement shall be entered into between the developer and the utility
companies listing who performs and finances each segment of work relating
to electrical and telephone installations. A letter from the serving
utility company will be required before the improvement plans are
signed by the county. The letter shall state that said company has
approved the design, utility location and scheduling and have entered
into the above agreement.
F. Cable
Markers. Any high voltage or major communication facility should be
identified in accordance with public utility company requirement by
a buried cable marker or acceptable alternate on each side of the
roadway.
(Prior code § 19.111)
The subdivider may be required to form appropriate legal entities
to operate and perform all required maintenance and services if they
are not a regular county-wide public service.
(Prior code § 19.112)
If requested by the county departments the subdivider shall
indicate or post markers showing the approximate lot corners so as
to enable the departments to determine whether such subdivision will
comply with applicable provisions of county and state law.
(Prior code § 19.113)
A. All
work done in constructing the improvements and all materials furnished
shall be subject to the inspection of the community development/resource
agency.
B. The
community development/resource agency shall have access to the work
at all times during its construction and shall be furnished with every
reasonable facility for ascertaining that the materials used and the
workmanship are in accordance with the requirements of this article.
C. If
any of the work on improvements is done by the subdivider prior to
the approval of the improvement plans, or prior to the inspections
of the improvements as required by the agency director or designee,
such work may be rejected and shall be deemed to have been done at
the risk and peril of the subdivider.
(Prior code § 19.260; Ord. 5373-B, 2005)
A. The
plan check and inspection fee ("fee") for plans, works and materials
shall be fixed based upon the criteria contained in this section.
B. The fee shall be based upon an engineer's estimate plus 10% for contingencies as estimated by an applicant's engineer using the county's latest standard unit costs and as approved by the county engineer. A preliminary engineer's estimate submitted with the initial submittal will be used to determine the preliminary fee. A final engineer's estimate will be used to determine the final fee. The fee shall be charged as described in subsection
D of this section, subject to the inflationary adjustments contained in subsection
G of this section.
C. Forty
percent of the preliminary fee, or a minimum of $1,000 ("initial payment"),
shall accompany the first submission of improvement plans, specifications
and estimate. Forty percent of the final fee, or a minimum of $1,000,
less the initial payment previously made, plus the remaining 60% of
the final fee, or a minimum of $1,500 ("subsequent payment"), shall
be paid by the applicant to the county prior to signing of the improvement
plans by the agency director or designee. If any portion of the work
has been done at the time of the subsequent payment, the applicant
shall also pay to the county an additional 15% of the subsequent payment
for the inspection and testing required to verify the quantity and
quality of the work done. The initial payment shall be nonrefundable,
whether or not construction is commenced. If construction does not
commence within three years from the date of approval of the improvement
plans, the plan approval shall be considered void, unless extended
in writing by the agency director. In the event the plan approval
is void, the remaining subsequent payment, or the unused portion thereof,
may be refunded to the applicant upon written request.
D. The
following criteria shall be used effective January 7, 2007 to determine
the fee:
1. If
the engineer's estimate is $50,000 or less, the fee shall be the minimum
fee of $2,500.
2. If
the engineer's estimate is greater than $50,000, but not greater than
$150,000, the fee shall be $2,500 plus five percent of the amount
over $50,000.
3. If
the engineer's estimate is greater than $150,000, but not greater
than $250,000, the fee shall be $7,500 plus four percent of the amount
over $150,000.
4. If
the engineer's estimate is greater than $250,000, but not greater
than $500,000, the fee shall be $11,500 plus three percent of the
amount over $250,000.
5. If
the engineer's estimate is greater than $500,000, the fee shall be
$19,000 plus two percent of the amount over $500,000.
6. For
projects that are sewer extensions only (e.g., not associated with
any entitled land division or any discretionary permit), the minimum
fees specified in subsection (D)(1) of this section shall be 50% of
the specified minimum fees.
E. Utility
encroachment permits will be subject to fees charged on a fully reimbursable
basis to cover actual county staff time, and/or the costs of consultant(s)
appointed by the county.
F. Projects of extraordinary magnitude or complexity, defined generally as those projects with engineer's estimates in excess of one million dollars ($1,000,000.00), will be subject to a subsequent payment assessed on a fully reimbursable basis to cover actual county staff time, testing services, and/or costs of consultant(s) appointed by the county. These additional costs will be above and beyond the subsequent payment paid per the schedule in subsection
D of this section. Unexpended funds of subsequent payments paid on projects of extraordinary magnitude may be refunded to the applicant upon written request.
G. The county's standard unit costs used to determine the fee, and the minimum fee, as described in subsections
B and
D of this section, shall be adjusted annually in accordance with subsection (G)(1) of this section.
1. No
later than April 15th of each year, the agency director shall determine
a proposed annual adjustment for the prior February to February period.
The agency director shall use the construction cost index published
in the Engineering News Record as the basis of the agency director's
determination. The agency director shall review the reasonable relationship
between the proposed adjusted fees and the costs of the services provided.
The agency director shall notify the board at a public meeting of
the proposed fee adjustment. No fee adjustment shall be effective
until approved by the board. Any fee adjustment approved by the board
shall be effective on July 1st of the year in which the action is
taken, or at such other time as is provided by law.
2. The
agency director shall maintain the current fee schedule and the county's
current standard unit costs. The director shall make the current fee
schedule current and standard unit costs available for public review
upon request.
(Ord. 5112-B § 1, 2001; Ord. 5373-B, 2005; Ord. 5437-B § 2, 2006)
A. The
subdivider shall prosecute the work to completion without undue delay
except for inclement weather or other reasonable cause.
B. Delay
in completion of the work beyond the period stated in the subdivision
agreement, unless an extension thereof is approved by the board of
supervisors and the surety company, may result in forfeiture of the
cash deposit and/or security or a portion thereof for the completion
of the work.
(Prior code § 19.270)
When subdivision improvements are financed and installed pursuant
to special assessment proceedings, the security provided by the subdivider
for the installation of such improvements may be reduced given the
following conditions:
A. The
assessment bonds have been sold;
B. The
contractor has furnished to the county the faithful performance and
labor and materials bonds required by the special assessment act being
used;
C. At
no time shall the subdivision improvement security be reduced to less
than what is required to guarantee the installation of the improvements.
(Prior code § 19.271)
A. When all improvement work required by the subdivision agreement (reference County Code Section
16.16.050) is complete to the satisfaction of the agency director or designee, he or she shall issue a certificate to the board of supervisors stating that such work has been satisfactorily completed and recommending the acceptance by the board of supervisors of the work.
B. Upon
satisfactory completion of all work required by the subdivision agreement
and its acceptance by the board of supervisors, the board of supervisors
shall file a notice of completion as to the required improvements
in the office of the county recorder.
C. For
subdivisions in which the county has required that private (not to
be owned or maintained by the county or another public agency) improvements
be completed as part of the subdivision, upon certification by the
agency director or designee that such private improvements have been
completed to the required standards, the board of supervisors hereby
authorizes the director or designee to release that portion of the
performance security covering the private improvements.
D. A subdivider
may find it desirable to post separate security for county and private
improvements.
(Prior code § 19.275; Ord. 5373-B, 2005; Ord.
5437-B § 2, 2006; Ord.
5602-B § 1, 2010)