Every landowner or his or her agent dividing land in a manner which constitutes a minor subdivision within the definitions of this chapter or Government Code of the state of California shall first file an application with the planning department on forms supplied by the county. Applications shall be accompanied by evidence of payment of delinquent taxes and tentative maps and shall be accepted only when all information required by Sections 16.20.230 and 16.20.240 has been supplied, together with the fees specified in Section 16.20.080(A) and any additional information required by county ordinance or state law.
(Prior code § 19.300)
Prior to approval of a minor subdivision, each applicant shall
submit to the county an approved parcel map or obtain a waiver of
this requirement.
(Prior code § 19.302)
A.
Applications
for all minor subdivisions that create four or less parcels, and those
minor subdivisions that create five to 10 parcels all of which are
20 acres or larger, shall be reviewed by the parcel review committee.
Items to be considered regarding environmental protection shall include,
but not be limited to, the following:
B.
All
other minor subdivisions shall be reviewed as subdivisions by the
planning commission and shall conform to all requirements of Chapter
16, Placer County Code.
(Prior code § 19.304; Ord. 6042-B § 1, 2020)
A.
Parcel Review Committee. In the case of minor subdivisions for which is the advisory agency, the parcel review committee shall approve, conditionally approve, or deny approval to the tentative map within 15 working days unless this time limit is extended by mutual consent of the applicant and the parcel review committee. Time for such approval shall commence running upon "acceptance" of the application as defined in Section 16.20.010. Approvals and conditional approvals shall require unanimous agreement by the members of the parcel review committee.
B.
Planning
Commission. In the case of minor subdivisions for which it is the
advisory agency, the planning commission shall approve, conditionally
approve, or deny approval to the tentative map within 50 calendar
days after the filing of the tentative map with the planning commission.
(Prior code § 19.306)
A.
Provided the requirements of all ordinances and regulations of Placer County and the conditions set by the advisory agency are met and there is evidence of payment of delinquent taxes per Section 16.20.010, the minor subdivision shall be approved by the county surveyor.
B.
Upon
approval of the documents by the county surveyor, they shall be transmitted,
together with the recording fee paid by the applicant, to the county
recorder for filing.
C.
The
land division shall be deemed complete when the required documents
have been recorded in the office of the county recorder.
D.
The
county surveyor may accept or reject dedications and offers of dedication
that are made by certificate on the parcel map or by separate documents,
but not for maintenance.
(Prior code § 19.308)
A.
Notification.
The applicant shall be notified in writing of the decision of the
advisory agency (parcel review committee).
B.
Term
of Approval.
1.
Tentative map approval shall be valid for 36 months. Upon application prior to expiration of the tentative parcel map approval, an extension of time not exceeding two years may be granted by the approving authority. Additional two-year extensions may be granted upon application prior to the previous expiration of time. The total number of extensions allowed under this section shall not exceed a total of six years. Prior to the expiration of an approved or conditionally approved tentative parcel map, upon the application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the subdivider seeks extension of a map together with additional land use permits, as defined in Chapter 17, Article 17.04, Section 17.04.030, which permits were processed and approved in conjunction with the map, and which permits are integral to the map, the map and additional permits shall be automatically extended for six months or until the application for extension is approved, conditionally approved, or denied, whichever occurs first. The maximum extension period for said additional permits shall be governed by Chapter 17. Absent a timely filing of the parcel map, failure to record a parcel map or to record the necessary documents required by the approving authority prior to the expiration date or extended expiration date of the tentative parcel map shall terminate all approvals and proceedings and a new application shall be necessary. The approving authority shall apply conditions in approving an extension of time application to meet current board approved ordinances and standards in effect at the time of granting the time extension.
2.
If,
prior to the time a request for extension of time is granted by the
parcel review committee, changes in fees or additional fees have occurred,
which changes would be applied to applications for new tentative parcel
maps at that time including, but not limited to, school impact fees,
park dedication fees, etc., such changes or additions shall automatically
be imposed as a condition of approval of the request to extension
of time.
C.
Timely
Filing. Delivery of the parcel map and all attendant plans and documents
required in accordance with the conditions of approval to the county
surveyor's office prior to the tentative approval expiration date
shall be deemed a timely filing subject to the approval of the county
surveyor. Once a timely filing has been made, subsequent actions of
the county, including, but not limited to, processing, approving and
recording may lawfully occur after the date of expiration of the tentative
map for a period not to exceed 60 days from said expiration date.
If the final map has not been transmitted for recording prior to the
expiration of the 60 day period, all processing will cease in the
county surveyor's office and the tentative approval will be deemed
to have expired. In the event an extension of time application has
been filed prior to the tentative map expiration date, extension of
time processing shall commence. Once the timely filing period has
expired, a parcel map will not be allowed to record until the extension
of time has been approved and any additional conditions imposed as
a result of that process have been satisfied.
D.
Permit Coordination with the Placer County Conservation Program. Any authorization extended to the project pursuant to Article 19.10, Section 19.10.120 shall run concurrent with the time limits imposed on the parcel 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 Article 19.10. Such authorizations shall expire when the parcel map has expired. When an extension of time has been granted for a parcel map, authorizations extended to the project pursuant to Article 19.10 shall also be extended as originally approved unless those authorizations are modified in accordance with Article 19.10.
(Prior code § 19.310; Ord. 5821-B § 2, 2016; Ord. 6042-B § 1, 2020)
A.
Contents
of Document. The provisions of Section 66455(f) of the Subdivision
Map Act shall be met using one of the following two methods:
1.
Subject
to the provisions of Section 66436 of the Subdivision Map Act, an
owner's certificate, signed and acknowledged by all parties having
any record title interest in the real property being subdivided, consenting
to the preparation and recordation of the parcel map shall be placed
upon the map; or
2.
A
notarized report document meeting the approval of the advisory agency
and signed by all parties having any record title interest in the
real property being subdivided shall be recorded coincidentally with
the recordation of a parcel map or waiver. The document shall contain
the following information:
a.
A summary of any reports which may have been conditions of approval
of the tentative map, or any advisory material from the departments;
b.
A statement that these reports are on file and available for review
in Placer County planning department;
c.
A list of the current county requirements for valid building sites
that have not been met or reviewed for each parcel created by the
minor land division;
d.
The following certificate:
|
Easements for and areas appurtenant to parcels depicted on this
Minor Subdivision Map will be conveyed as shown thereon, and for the
purposes shown thereon. I hereby apply for approval of this minor
subdivision No. __________ and certify that I am the legal owner,
holder of a beneficial interest or trustee of a trust deed of said
property and hereby consent to the recording of this document.
|
|
Legal Owner: __________
|
|
Date: __________
|
3.
For
purposes of this section, "record title ownership" shall be as defined
in Section 66455(f) of the Subdivision Map Act.
4.
With
respect to a division of land into four or fewer parcels, where dedications
are not required or made, the owner's certificate or report document
shall be signed and acknowledged by the subdivider only; provided,
however, where a subdivider does not have a record title ownership
interest in the property to be divided, the record title owners including
either the beneficiary or trustee of a trust deed shall also sign.
B.
Waiver
of Parcel Map—Documents Required. If a waiver is to be filed,
the following exhibits shall be recorded along with the document noted
in subsection (A)(2):
C.
Parcel
Map Guarantee. The subdivider shall present to the recorder evidence,
in the form of a parcel map guarantee, that on the date of the recording
as shown by public record the parties consenting to the recordation
of the map are all of the parties having a fee title interest in the
land subdivided, whose signatures are required by the provisions of
the Subdivision Map Act and local ordinance. Such document shall also
guarantee that record access exists for the benefit of the parcel
being divided from such parcel to a county maintained highway, in
the width and at the location referenced and indicated on the parcel
map or waiver.
(Prior code § 19.312)
A.
Tentative
Map and Application Fees.
1.
A
filing fee for tentative parcel map applications of $100 for each
additional resulting parcel shall accompany the application at the
time of filing.
2.
A
division of one parcel into two parcels creates one additional resulting
parcel; a division into three parcels creates two additional parcels,
etc.
B.
Parcel
Map Checking/Waiver Documentation Preparation Fees.
1.
The
applicant shall pay all costs incurred by the county for the review
and processing of the final parcel map/waiver.
2.
A
deposit of $1,400 plus $25 per parcel for each parcel shown on the
parcel map is due at the initial submittal of the final parcel map/waiver
for review.
3.
Any
outstanding balance due for the cost of the review and processing
in excess of the initial deposit shall be paid prior to recordation
of the final parcel map. Any unused portion of the deposit will be
refunded after the recordation of the final parcel map/waiver.
C.
Segregation
of Bond Fees. A fee of $95 per new assessor parcel created together
with an application for segregation of bonds shall be submitted to
department of facility services-special districts for divisions of
property included in 1915 Act assessment districts.
D.
Amended
Parcel Map. At the time of making application for an amended parcel
map, the applicant shall pay a nonrefundable fee of $80 per amended
parcel map.
E.
Separate Property Tax Valuation. The provisions of Section 2821 of the Revenue and Taxation Code shall be followed when the property sought to be separately valued has a 1915 Act bond lien against it. Specifically, Placer County required that an application for separate valuation of taxes will not be processed unless a request has been made to the county engineer for a division of land and bond. The division of bond requirements detailed in subsection C of this section, "Segregation of Bonds Fees," shall be complied with prior to processing the separate valuation application.
F.
Certificate
of Correction. At the time of making application for a certificate
of correction, the applicant shall pay a nonrefundable fee of $40
per certificate of correction requested.
G.
Reversion
to Acreage. At the time of making application for a map reverting
a parcel map to acreage, the applicant shall pay a nonrefundable fee
of $530.
H.
The
fees are subject to cost adjustment each July 1st as specified in
Ordinance No. 2826 enacted August 19, 1980.
(Prior code § 19.314; Ord. 5373-B, 2005; Ord.
5437-B § 4, 2006; Ord.
5499-B § 3, 2008)
A.
Whenever any applicant or interested party who is adversely affected by any action or requirement of the parcel review committee, such applicant may appeal the same to the board of zoning appeals and then to the board of supervisors. Appeals of planning commission decisions shall be heard by the board of supervisors. Appeal proceedings shall be provided in Section 16.04.090. Each applicant shall pay the current non-refundable filing fee.
B.
A variance
may be granted from right-of-way, access and road improvement requirements
of the chapter by the appellate body if, because of special circumstances
applicable to the property including size, shape, topography, location
or surroundings, the strict application of such requirements would
create such access or improvements in excess of what is necessary
and reasonable.
C.
A variance
may be granted only if the finding is made that such variance will
have the same practical effect as the standard being replaced and
will not be detrimental to the health, safety, peace, or welfare of
persons in the vicinity or in the county generally. 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.
(Prior code § 19.316)
A.
Whenever
the planning director has knowledge that real property has been divided
in violation of the provisions of the Subdivision Map Act or of this
chapter, the planning director shall cause to be mailed and recorded
a notice of intention to record a notice of violation as prescribed
by Section 66499.36 of the Government Code, and shall set the matter
for consideration by the parcel review committee.
C.
The decision pursuant to subsection B of this section shall be final when time for appeal has expired and no appeal has been made or, if an appeal has been made, when the appeal has been decided.
D.
When the decision pursuant to subsection B of this section becomes final, the planning director shall cause to be recorded a notice of violation or a release of notice of intention to record a notice of violation as provided in Section 66499.36 of the Government Code.
(Prior code § 19.318)
A.
In
the event that, pursuant to Section 66499.35 of the Subdivision Map
Act, a person owning real property in the county requests a determination
that such property complies with state law and local ordinance, the
parcel review committee shall make such determination. If compliance
is determined, planning department shall file a certificate of compliance
with the county recorder in accordance with the above cited section
of the Subdivision Map Act.
B.
The
county shall charge a fee of $430 per parcel for the preparation of
a certificate of compliance.
C.
In the event a parcel is designated as a nonbuilding site pursuant to Section 16.20.130, an owner may apply for a certificate of compliance. If the site complies with all current county requirements regarding parcel divisions and building sites, the certificate of compliance shall so state.
D.
All
fees are subject to cost adjustment each July 1st as specified in
Ordinance 2826 enacted August 19, 1980.
(Prior code § 19.320)
If acquisition of property by the county for public purposes results in remainder parcels in the same ownership, separated by the parcel acquired by the county, the parcel review committee may, upon a request by the county on a form provided by the planning department, approve the separate sale, lease or financing of the remainder parcels without the necessity for application under Section 16.20.010.
(Prior code § 19.322)
A.
If the application for minor subdivisions shows that one or more sites are not being divided as building sites, the sites so designated shall not be reviewed for sewage disposal or water supply requirements. In such cases, the document specified in Section 16.20.070 shall state that such parcels do not comply with current county requirements for building sites. If such parcels are shown on a parcel map said statement shall also be placed upon the parcels, as shown on such map.
B.
No
building permits shall be issued for any such sites unless the parcel
complies with all requirements for building sites.
(Prior code § 19.324)
All property referred to in Section 12.08.020(A) shall have split requirements commensurate with Section 4.50 (Street Ordinance).
(Prior code § 19.325)
A.
Offers
of dedication of easement right shall be made to the county for:
1.
Meandering
drainage easements for storm drainage purposes;
2.
Future
road rights-of-way for road alignments shown on county adopted plan
line maps or specific plans;
3.
Public
access to the public waterways or streams, easements along such public
waterways or streams, and public access to any lake or reservoir which
is owned in part or entirely by any public agency;
4.
All
on-site roads and any off-site roads serving the subdivision that
the subdivider has the ability to convey.
B.
Easements
shall be granted to the county or serving entity designated by the
county for:
C.
If
easements are required pursuant to subsection (B)(2) of this section,
such easements shall not be required for widths in excess of either
the record width or the existing facility on or in the ground plus
five feet on each side of the exterior boundary, whichever is larger.
D.
Requests
for such offers of dedication or easements shall be given in writing
to the advisory agency prior to consideration of the minor subdivision.
E.
Easement
for county road rights-of-way shall not be required within the remainder
of the original parcel; reference Government Code Section 66445(e)
if such remainder is:
(Prior code § 19.330)
A.
On-site
right-of-way necessary to establish required access to all parcels
created by a minor subdivision shall be made appurtenant to such parcels.
Off-site access requirements may only be satisfied as set forth in
this section. All cuts and fills necessary for the roadway which are
outside the normal right-of-way width, shall be included in an easement
or increased right-of-way width.
B.
The
right-of-way requirement for on and off-site roads shall be as provided
below:
1.
Off-Site. The off-site right-of-way width shall be such width as is needed to provide the off-site improvements specified in Section 16.20.200(C), together with such additional width as may be needed to provide appurtenant drainage and incidental cuts and fills.
2.
On-Site.
The on-site right-of-way width shall be 50 feet, except as provided
below:
a.
A 40 foot on-site right-of-way may be permitted where public works
determines that it will be compatible with future development and
where a 50 foot right-of-way width would be detrimental to the development.
3.
Where
the right-of-way is less than 50 feet in width, the building setback
shall be based on a 50 foot right-of-way width, regardless of actual
right-of-way width.
C.
Where
a portion of a parcel is used for a driveway that portion may not
be less than 20 feet in width.
D.
On-site
rights-of-way which serve only the parcels being created may be private,
nonexclusive road and public utility easements. These easements shall
be offered for dedication to the county. Such an offer shall not be
accepted at the exclusive option of the county.
E.
Off-site
rights-of-way must be recorded access and/or shown on the evidence
of title report required herein. These easements shall be offered
for dedication to the county where the subdivider has the ability
to do so; however, such offers shall only be accepted at the exclusive
option of the county.
F.
The
corner of a lot adjacent to a street intersection shall have a 25
foot minimum property line radius.
G.
Proof
of right-of-way may be shown as follows:
H.
An
offer of dedication for street or highway purposes may include a waiver
of direct access rights to any such street or highway from any property
being divided which abuts thereon, and if the dedication is accepted,
any such waiver shall become effective in accordance with its provisions.
I.
1.
When
a road serving a minor subdivision also serves off-site parcels beyond
the development (such service defined by existing roads or easements),
then the easement shall be extended to the boundaries of the parcels
being divided. The easements shall be certified as legal access.
2.
Where
the county finds that a parcel beyond the development is landlocked
or the topography of the area is such that access can be gained in
no other acceptable manner, then a corridor shall be established with
appropriate building setbacks and shall be identified on the parcel
map as a future road corridor and the area shall be included in the
net area.
(Prior code § 19.332)
This section shall apply to parcel map land divisions proposed to be divided into four or less parcels. Parcel map divisions with the potential for multiple dwelling, commercial, or industrial (except for farm zone) shall comply with the requirements of Section 16.08.080. Parcel map divisions into five or more parcels shall also comply with Section 16.08.080. Parcel map divisions having the potential to be divided into five or more parcels shall also be subject to Section 16.08.080 upon the creation of the fifth parcel. A note to this effect will be placed on the parcel map.
A.
Water
Supply. Water supply requirements for fire protection can be met in
any one of the following ways:
1.
An
approved pressurized surface water system, (PUC Revised General Order
#103, Section VIII);
2.
Proposed
parcel is served by a fire district certified as meeting the I.S.O.
Rural Class 8 Standard;
3.
A
centralized water storage tank meeting county and fire entity/CDF
standards and having a storage capacity not less than the number of
parcels shown on the parcel map times 2,000 gallons. Alternatives
to this standard must be approved by community development/resource
agency and the CDF.
4.
When improvements are being installed, the developer or property owner will be required to submit for approval an improvement plan to the community development/resource agency with the proposed parcel map which will specify a water supply system that complies with the requirements of Section 16.08.080. This plan will show a water supply for the proposed parcels and all potential parcels that could be created in the future through the parcel map process. Any easements or dedications needed to install the improvements shall be provided as a condition of approval for the parcel map. An agreement shall also be required to provide for maintenance of all facilities installed.
5.
The
improvement and maintenance plan must be approved prior to recordation
of the parcel map. The improvements must be installed prior to or
concurrently with other improvements required of the parcel map.
6.
The
determination of the property's potential for future divisions shall
be made by the parcel review committee, and shall take into account
topography, access, zoning, sewage disposal and other factors related
to land division.
B.
Will-Serve
Letters.
1.
Minor
land divisions within a fire protection district and/or the State
Responsibility Area of the California Department of Forestry (CDF)
will provide a will-serve letter from the serving district and CDF
indicating that fire protection is available and that the entity has
reviewed and approved any required fire improvements or program participation
by the subdivider.
2.
The
will-serve letter will be conclusive evidence of fire district/CDF
approval of improvements and/or subdivider participation in lawfully
approved and adopted mitigation programs developed by the fire districts
and CDF.
(Prior code § 19.333; Ord. 5373-B, 2005)
A.
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.
B.
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.
C.
Basic
Requirements—Wells. 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:
1.
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.
2.
As
to lots of a 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 at least one proposed lot.
3.
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 meet 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.
a.
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.
b.
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.
c.
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.
4.
When
evidence is required to show that well water adequate for domestic
use is available, such evidence shall be provided as follows:
a.
The health department shall approve the location of each well drilled
to provide such evidence.
b.
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
(C)(2) of this section.
D.
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:
1.
Placer
County water agency;
2.
An
existing public district within which the development is located;
3.
An
existing public district which is willing to annex the development;
4.
An
existing public utility regulated by the public utilities commission;
5.
A
public utility to be formed which will be regulated by the public
utilities commission.
6.
Mutual
water companies or corporations, and home owners associations shall
not be permitted to be the water supplier. For the serving entities
identified in subsections (D)(1) through (D)(5) of this section, individual
water treatment systems on the proposed individual lots will not be
permitted.
E.
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.
F.
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.
(Prior code § 19.334; Ord. 6042-B § 1, 2020; Ord. 6165-B § 1, 2022)
Sewage disposal requirement shall be as specified in Chapter
15 of the Placer County Code.
(Prior code § 19.335)
A.
All
required improvements noted in the conditions of approval for the
tentative parcel map shall be completed and accepted by the county
prior to the issuance of any further discretionary or ministerial
permits (including building permits) or other discretionary approval.
Those improvements shall comply with this section.
C.
Improvements
shall comply with the following general standards unless otherwise
approved by the agency or modified by the conditions of approval.
1.
Drainage
and Flood Control. The minor subdivision design, including, but not
limited to, proposed drainage structures, lot access, and other proposed
drainage improvements, shall conform to good engineering practice
to control flooding and stormwaters within the subdivision. The applicant
shall install drainage improvements conforming to the land development
manual within the subdivision boundaries and/or within easements acquired
for that purpose. All drainage designs shall conform to the Placer
County Flood Control and Water Conservation District Stormwater Management
Manual.
2.
Sewage Disposal and Water Supply. The improvements for sewage disposal and water supply shall be the minimum necessary to satisfy the Health Department's requirement under Sections 16.20.180 and 16.20.190. Connection to a sanitary sewer system, as required by the serving utility/agency, may be required.
3.
Roads.
a.
A minor subdivision shall be contiguous to a county maintained highway or connected to a maintained highway with an improved off-site road. Except as noted in subsection (C)(3)(c) of this section all roads, both on-site and off-site, shall be constructed to county standards as illustrated in Plate R-1. Maintenance of off- and on-site roads shall be included in a road maintenance agreement as provided for in Section 16.20.210 unless otherwise allowed by the conditions of approval.
b.
An off-site road serving the subdivision shall be constructed to
county standards as illustrated in Plate R-1 except as follows:
i.
Until such time as the entire off-site road is constructed to the
county standard, a subdivider will be responsible for grading the
ultimate section, placing and compacting the aggregate base and hard
surfacing the entire length of off-site road.
ii.
Each subdivider will be solely responsible for constructing to county
standard a portion of the off-site road equal to the number of parcels
being created on the parcel map times 100 feet.
iii.
The initial subdivider subject to these standards shall, after
obtaining an encroachment permit, construct the road connection (Plate
R-17) to the county highway and pave the first 100 feet of road leading
from the highway to the subdivision as measured from the edge of pavement
of the county highway. The remainder of the subdivider's paving obligation
will be from the subdivision toward the county highway.
iv.
Subsequent subdividers' off-site obligation will be any necessary
restorative work plus paving in the above calculated amount from their
subdivision toward the county highway and/or payment pursuant to any
established reimbursement agreement.
c.
Notwithstanding other provisions of this section, the surface of
the remaining unpaved portion of the off-site road shall either be
paved or single chip sealed at the option of the subdivider. The chip
seal treatment shall comply with a minimum application rate of 4/10
gallon MC 800 liquid asphalt per square yard and 25 pounds of three-eighths
inch by #6 screenings per square yard.
i.
In the event that the unpaved portion of the off-site road exceeds
half mile, 2,640 feet, the single chip seal may be deleted at the
discretion of the director.
ii.
In the event that the unpaved portion of the off-site road exceeds
one mile, 5,280 feet, the single chip seal and the aggregate base
course may be deleted at the discretion of the director.
d.
A subdivider may request that the county create a reimbursement agreement
for any portion of the off-site road work that is not the sole obligation,
as defined above or in the conditions of approval, of the subdivision.
Chip seal work shall not be reimbursable.
e.
Road design and construction standards shall be as follows:
i.
All on-site roads shall comply with (C)(3)(a) of this section.
ii.
The maximum longitudinal grade of on-site and off-site roads being
constructed shall be 15%. Any portion of an off-site road exceeding
12% shall be paved with three inches of asphalt concrete over eight
inches of Class II AB as will roads exceeding seven percent in areas
above 3,500 feet elevation. This requirement may include the previously
noted 100 feet per parcel, but compliance with this section may exceed
the 100 feet per parcel requirement.
iii.
Bridges shall be designed for legal highway loads (HS20-44,
Caltrans Standard).
iv.
Construction procedures and inspection shall be to the same standard
as major subdivisions.
v.
All roads shall be named in accordance with the county's uniform
addressing ordinance and all on-site and off-site roads will be signed
in accordance with major subdivision standards.
f.
An improvement plan showing the proposed road construction may be
required as a condition of approval of any parcel map for review and
approval by the county. The plan shall be prepared by a registered
civil engineer and shall include, but not be limited to:
i.
Existing and proposed road centerline plan and profile and all improvements
to be constructed within the existing and proposed right-of-way which
shall be adequately dimensioned. The road centerline shall be located
in relation to the boundary of the property being divided;
ii.
Information required by the grading ordinance, if the work is subject
to that ordinance;
iii.
Drainage facilities, including gutters, ditches, culverts and
their sizes and any easements required for the facilities, together
with a drainage report supporting the sizing of the facilities.
g.
Where a road connects to a county road, improvements and an encroachment
permit may be required if no improvements are existing or do not meet
current county standards. Improvements shall be in accordance with
Plate R-17.
h.
All dead-end roads not having the potential to be through-roads shall
be provided with a paved turnaround in conformance with Plate R-2.
i.
All dead-end future through-roads shall be provided with a temporary,
paved turnaround of either a circular or hammer head design as approved
by the agency director. The right-of-way required for temporary turnarounds
shall not be deducted from the gross area of parcels for zoning size
calculations.
j.
In areas having severe topographical constraints, alternative, comparable
road designs and standards may be allowed if substantiated by a "design
exception" prepared by a registered civil engineer and approved by
the agency director.
k.
All minor subdivisions, regardless of zoning, will be subject to
road standards shown in the land development manual or as required
by the conditions of approval. For nonresidential minor subdivisions,
improvements shall also be required to the frontage of any county
maintained highway upon which the parcel fronts. The agency director
or designee and/or hearing body shall have the authority to require
completion of frontage improvements prior to the issuance of certificates
of occupancy for individual, undeveloped commercial and/or industrial
buildings on parcels subject to an approved CUP/MUP/DRA. In the case
where the parcels created by the minor subdivision are already developed
or built upon, then the frontage improvements shall be constructed
as required by the conditions of approval. The agency director or
designee and/or hearing body shall have the authority to impose road
improvement conditions as contained in this article on a use permit
instead of on the minor subdivision map. Residential parcel maps are
subject to the provisions of Section 16.08.040(A)(2).
l.
All roads used to meet physical access requirements shall be constructed
within the approved or existing easement. Easements and rights-of-way
shown on parcel maps, or waivers of parcel maps, may not be altered,
modified, moved or changed in any manner without first obtaining written
approval of the agency director and/or hearing body.
m.
All projects shall be required to irrevocably offer to dedicate highway
easements to the county as defined in the conditions of approval along
their frontage on any county highway.
D.
Completion
of improvements shall be insured by the following requirements:
1.
When
improvements are required as a condition of approval for a minor subdivision,
such improvements shall be installed pursuant to an agreement between
the county and the subdivider. That agreement shall include provisions
for:
a.
Completion of the improvements prior to the issuance of any building
permit or approval of any other discretionary permit, including, but
not necessarily limited to, the approval of any subsequent tentative
parcel map which further divides the parcels being created.
b.
Guaranteed for completion within two years from the date of recordation
of the parcel map.
c.
A warranty by the subdivider of any public improvements included
in the project approval for a period of one year after acceptance
of such improvements by the county or other agency or utility company.
Security for such warranty shall be provided in the form of cash,
certificate of deposit or letter of credit (as approved by the county)
in an amount equal to 15% of the value of an approved engineer's estimate
of cost of the public improvements.
d.
Recordation of a "notice of building permit restriction" to notify prospective buyers of parcels of the requirements of Section 15.04.060 of PCC regarding the completion of improvements prior to the issuance of any subsequent permits, including building permits.
e.
Recordation of the agreement and the release from the agreement by
the county upon completion of the requirements contained therein.
f.
Security for monumentation as required by Subdivision Map Act, Section
66496.
2.
Said
agreement shall be executed by the county surveyor as contracting
officer for the county and the county surveyor shall have the authority
to approve inspections, record a notice of release from the agreement
with the county recorder and authorize the release of any warranty
security upon expiration of the warranty period.
E.
Exceptions from Improvement Requirements. Minor subdivisions undertaken for the purposes of leasing or financing as specified in Section 16.20.280(B) or (D), shall be exempt from the requirements of this section.
(Ord. 5602-B § 2, 2010)
A.
All
parcels created by minor subdivisions shall be made party to a road
maintenance agreement which provides for the maintenance of all roads,
both on-site and off-site, used to meet access requirements.
(Prior code § 19.338)
See Section 16.08.100 of this chapter.
(Prior code § 19.343; Ord. 5300-B, 2004)
The map may be prepared by the land owner or his agent using
taped or record measurements and shall be clearly and legibly drawn
on one sheet of paper at least eight and one-half inches by 11 inches
in size. Ten copies of the tentative map shall be filed. The tentative
map shall show the following information:
A.
Boundary
lines and dimensions of parcels being divided;
B.
Proposed
division lines with dimensions of each lot being created using dashed
lines. The corner of a lot adjacent to a street intersection shall
be designated with a 25 foot minimum radius;
C.
All
existing structures, approximate distance between structures, and
approximate distance from boundary lines;
D.
The
approximate area of the original parcel and the area of each proposed
new parcel;
E.
Names,
locations and widths of all existing traveled ways, including driveways,
streets, and rights-of-way on or adjacent to the property being divided;
F.
Approximate
locations and widths of all proposed streets and rights-of-way;
G.
Approximate
location and dimensions of all existing easements, wells, leach lines,
seepage pits, or other underground structures;
H.
Approximate
location and dimensions of all proposed easements for utilities and
drainage;
I.
Approximate
location of all streams, aquatic resources, and drainage channels,
and a general indication of slope of the land. If the requirements
of the PCCP apply to a project, the stream system boundary shall also
be depicted on the tentative map;
J.
Approximate
location of all land cover types including habitat, agricultural cover,
aquatic resources, and developed areas;
K.
North
point and approximate scale of drawing;
(Prior code § 19.350; Ord. 6042-B § 1, 2020)
A.
Name,
address and telephone number of the person who drew the map;
B.
Name,
address, and telephone number of the applicant (and the legal owners
of the parcel, if different from that of the applicant);
C.
Date
present owner purchased property;
D.
Present
zoning and proposed use (if known);
E.
Number
of parcels to be created and proposed use for each;
F.
Source
of proposed water supply for each parcel;
G.
Method
of sewage disposal proposed for each parcel and location of nearest
sewerage;
H.
A vicinity
map with sufficient detail to locate the property in the field without
reference to other documentation;
I.
The
high school and elementary school districts in which the minor land
division is located;
J.
The
fire protection in which the minor land division is located;
K.
Placer County Conservation Program (Chapter 19, Article 10). Demonstration of compliance with the PCCP including the CARP and the HCP/NCCP. For tentative maps subject to review under the HCP/NCCP and/or the CARP it will be necessary to submit the forms and background data required by Section 19.10.080.
(Prior code § 19.352; Ord. 6042-B § 1, 2020)
The applicant shall mark the location of the property in the
field by posters provided by the planning department. The locations
of said posters shall be shown on the tentative map.
(Prior code § 19.354)
A.
Any
tentative map approval may be subject to reasonable conditions. The
advisory agency shall approve or conditionally approve the tentative
map if all the following requirements are met:
2.
Each parcel shown will have adequate rights-of-way and easements and approved access to and onto public rights-of-way. (See Section 16.20.160).
3.
The
proposed division, as related to other intended or existing divisions,
would not constitute a major subdivision as defined in the California
and Placer County subdivision laws.
4.
Proposed
parcels do not violate the Placer County zoning ordinance.
5.
Sanitation and water supply meet the requirements of the health department. (See Section 16.20.180).
6.
Drainage and flood control meet the requirements of the community development/resource agency. (See Section 16.20.200).
7.
Adequate
utility easements are provided serving all individual parcels.
B.
Upon
approval or conditional approval of the proposed minor subdivision
by the advisory agency, notice of such approval, together with any
conditions to which it may be subject, shall be sent to the applicant.
C.
Where
the information submitted for the proposed tentative map is incomplete,
or if insufficient information is provided, the agency may postpone
consideration of the map until such time as all necessary information
is available.
D.
Permit Coordination with the Placer County Conservation Program. Any authorization extended to the project pursuant to Article 19.10, Section 19.10.120 shall run concurrent with the time limits imposed on the parcel 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 Article 19.10. Such authorizations shall expire when the parcel map has expired. When an extension of time has been granted for a parcel map, authorizations extended to the project pursuant to Article 19.10 shall also be extended as originally approved unless those authorizations are modified in accordance with Article 19.10.
(Prior code § 19.356; Ord. 5373-B, 2005; Ord.
6042-B § 1, 2020)
A.
A parcel
map may be filed pursuant to Section 66499.20.2 of the Government
Code for the purpose of reverting to acreage land previously subdivided
and consisting of four of fewer contiguous parcels under the same
ownership, even if such parcels constitute only a portion of a prior
subdivision.
B.
A parcel
map or final map may be filed pursuant to Section 66499.20.3 of the
Government Code for the purpose of resubdividing as a minor or major
subdivision land previously subdivided and consisting of any number
of contiguous parcels under the same ownership, even if such parcels
constitute only a portion of a prior subdivision.
(Prior code § 19.358)
At the time of filing, the applicant may apply for a waiver
of the requirement that a parcel map may be filed. Such application
for waiver shall be accepted only when the applicant shows that the
proposed division meets one of the following conditions:
A.
If
four or less parcels result from the subdivision of the land, and
each of the parcels created by the division is 40 acres or a quarter-quarter
section or larger;
B.
The
division is solely for the purpose of obtaining a loan on a portion
of the property being divided;
D.
Survey
information exists on the ground to sufficiently locate and retrace
the exterior boundary of the existing parcel, and such information
is verifiable on either filed maps or by other material submitted
by a licensed land surveyor or registered civil engineer and approved
by the county surveyor. In all cases, an existing monumented line
shall be so located as to permit the facile establishment of at least
one of the boundary lines; said existing monumented line need not
be a boundary line of the parcel being divided;
F.
The
contiguous parcels were acquired by the applicant at different points
in time, all such parcels contain homes constructed pursuant to valid
county building permits, and all such parcels meet present minimum
building site requirements.
(Prior code § 19.360)
The parcel map requirement for a minor subdivision shall be
waived when the applicant has met each of the following conditions:
B.
Proof
of compliance with all conditions of approval which may have been
placed on tentative map is submitted;
C.
A map meeting the requirements of Sections 16.20.230 and 16.20.240, which shows that the conditions of approval have been met is submitted. Said map shall locate the property in the field by natural or other monuments sufficiently to make a review of the property and field verify the map and details shown;
D.
A legal
description of the property being divided is submitted;
E.
A legal
description for each of the newly created parcels is submitted. A
legal description of the remainder of original parcel need not be
submitted;
G.
Prior
to granting approval of the waiver, the advisory agency shall make
the finding that the proposed minor subdivision complies with the
requirements as to area, improvement and design, flood and water drainage
control, appropriate improved public roads, sanitary disposal facilities,
water supply availability, environmental protection.
(Prior code § 19.362)
A.
The
parcel map shall conform to Government Code Sections 66444 through
66450, and all the section and chapters referred to therein, except
that the certificate provided for in Government Code Section 66445(f)
may be accommodated using the methods outlined in Section 16.20.070(A)(1)
or (A)(2).
B.
The surveyor or engineer shall submit those items required in Section 16.20.310 to the parcel review committee or assigned delegate. The parcel review committee or assigned delegate shall review and approve the submittal for compliance with the tentative map, conditions of approval, and local ordinances. The parcel map submittal shall then be transmitted to the county surveyor for review of survey information and recordation after all tentative map conditions have been certified as completed.
1.
Each
parcel shall be lettered.
2.
As
required in Government Code Section 66445(d), the exterior boundary
of the land included within the surveyed parcel or parcels being created
shall be indicated by distinctive symbols. For the purpose of this
requirement, distinctive symbol shall be a heavy inked line. The heavy
inked line shall be heavier than any other lines within the map.
3.
In
addition to the requirements of Section 66445 of the Government Code,
the parcel map shall show:
a.
All rights-of-way and easements of record within the property being
divided;
b.
All easements or offers of dedication being granted concurrently
with the filing of the map;
c.
All external easements relied upon for access to a public or county
highway. Such easements may be shown by references to recorded deeds;
d.
Watercourses, drainage ways, and other bodies of water shall be shown
in their approximate locations;
e.
The approximate location of fence lines in the immediate area of
monuments set or found;
f.
The area of the parcels to the nearest one hundredth of an acre,
(when possible);
g.
A legend of symbols and line variations
as approved by the county surveyor.
1.
Reference: Plates 67 and 68. The intent here is to have uniform use
of symbols within the county;
h.
Other items required for purposes of uniformity, clarity, and administrative
processing shall be as shown on the sample map of Plate 68;
i.
Unrecorded evidence of uses burdening the land which are incidentally
observed by the surveyor shall be shown;
j.
When the document as described in Section 16.20.070(A)(2) is used
the map shall contain the following statement:
A report concerning current requirements for the establishment
of these parcels as valid building sites is being recorded concurrently
herewith at Volume __________, Page __________, Placer County Official
Records.
k.
When an owner's certificate is used on the map the map shall contain
the following information in the form of a note:
Reports which may have been conditions of approval of the tentative
map and a list of the current County requirements for valid building
sites that have not been met or reviewed for each parcel created by
this land division are on file and available for review in the Placer
County Planning Department.
4.
The
map package submittals will be initially cursory reviewed using the
following checklist and if found substantially complete accepted,
otherwise returned to the submitter:
|
PACKAGES SUBMITTED FOR CHECKING
| |
|
_____A.
|
All deeds necessary to determine the boundary.
|
|
_____B.
|
Copies of adjacent surveys, if available.
|
|
_____C.
|
Current evidence of title report.
|
|
_____D.
|
All recorded documents describing those easements called out
in the title report.
|
|
_____E.
|
Closures proving closure of 0.02′ or less.
|
|
_____F.
|
Two preliminary copies of descriptions for easements or documents
required by the tentative map approval.
|
|
_____G.
|
The appropriate checking fee.
|
|
_____H.
|
Three blueline copies of map showing and complying with the
following:
|
|
MAP CONTENTS
| |
|
_____1.
|
Lettering of adequate size and clarity to reproduce at 2X Microfilm
reduction and not burn or blur in reproduction. Normal lettering 1/10
of an inch in height will be adequate using a fine tip lettering pen.
|
|
_____2.
|
Proper map title (short legal) from deed, showing most recent
map of record (if any), recording information, Section, Township and
Range, County of Placer, Date, Firm name.
|
|
_____3.
|
Certificates.
|
|
_____4.
|
Street names and County road numbers.
|
|
_____5.
|
Parcel or lot designations.
|
|
_____6.
|
Sheet numbering.
|
|
_____7.
|
Recorder's Book and Page in margin; i.e., Book _____ Maps, Page
_____(1/4″ high and 1/4″ above border).
|
|
_____8.
|
Proper abbreviation for recording data; i.e., Parcel Maps: 44PM4;
Record of Survey: 44RS4; Subdivision Map: K/Maps/24; Official Records:
1296/29 O.R.
|
|
SURVEY INFORMATION
| |
|
_____9.
|
North arrow.
|
|
_____10.
|
Scale.
|
|
_____11.
|
Basis of bearing.
|
|
_____12.
|
Legend.
|
|
_____13.
|
Delta, Radius, and Arc Length or Chord Length and bearing on
all curves.
|
|
_____14.
|
Record and field dimensions.
|
|
_____15.
|
Tie to Section corner or Quarter corner.
|
|
_____16.
|
Surrounding surveys.
|
|
_____17.
|
Existing and current required easements, rights-of-way and irrevocable
offers of dedication.
|
|
_____18.
|
All monuments found and set described, identified, and referenced
where applicable.
|
(Prior code § 19.370)
A.
1.
The
parcel review committee or assigned delegate shall submit three sets
of prints of the map and one copy of all documents used to determine
the location of the boundaries and the location of all easements within
the property being divided to the county surveyor. One check print
shall be forwarded to the health department prior to the issuance
of the health department's final approval.
2.
The
prints shall also be accompanied by a current evidence of title report
of the property shown on the map, and by original closure sheets prepared
by an engineer or surveyor showing mathematical closures and proof
of the accuracy of all surveying information on the map. All information
shall be based on a coordinate system common to the map. The boundary
closure sheets and other documents shall be returned to the surveyor
upon filing of the map with the recorder.
B.
If
field surveyed, the error of closure in mathematical computations
when bearings and distances can be precisely calculated shall not
exceed .02 feet.
C.
The
evidence of title report must state that record access exists for
the benefit of the parcels being divided from such parcels to a county
maintained highway, in the width prescribed in the deed, and in the
width and at the location referenced and indicated on the parcel map
survey (easement).
D.
The
time limits for the county surveyor to review a parcel map shall be
as specified in Section 66450 of the Government Code, (20 days); provided,
however, the map is returned to the Surveyor for more information
or correction, the time limit shall recommence with each subsequent
submittal.
E.
The
20 day period shall commence only upon submittal of the parcel map
and all other documentation necessary for final approval of the minor
subdivision.
(Prior code § 19.372)
A.
The
parcel map shall be based on record data or survey data as provided
in Section 66448 of the Government Code.
B.
The
map and monuments shall be in accordance with the Land Surveyors'
Act, the Subdivision Map Act and the land development manual.
(Prior code § 19.374)
A.
A revised
minor subdivision may be effected by following the same procedures
provided herein for minor subdivisions and the filing of parcel maps
or recording of waivers.
B.
In
addition to procedures provided herein, notice of the revised minor
subdivision shall be given to all concerned utilities and all holders
of easements and record title interest within the property as originally
divided.
C.
The
revised parcel map waiver shall also serve as invalidation of the
previously filed map or waiver and shall constitute a reversion to
acreage of the property previously divided.
D.
The
advisory agency hearing on the revised minor subdivision shall constitute
a public hearing on the reversion to acreage. If there are no objections
to said reversion, the advisory agency may approve such reversion
of the revised minor subdivision. In the event that any interested
party objects to the reversion to acreage, said reversion and the
revised minor subdivision shall be heard by the planning commission
at a noticed hearing. The planning commission shall apply the provisions
of this subchapter in review of the applications.
E.
No
revised minor subdivision shall be approved without prior approval
of the reversion to acreage.
F.
The
following statement shall appear on all revised parcel maps:
This revised parcel map invalidates and reverts to acreage parcels
created by that parcel map filed at Book _____of Parcel Maps, Page
_____, on (date).
G.
The
following statement shall be placed by the county recorder on previously
filed parcel maps invalidated by revised parcel maps:
The parcels created by this parcel map have been invalidated
and reverted to acreage by that parcel map filed at Book _____of Parcel
Maps, Page _____on (date).
(Prior code § 19.376)
After a parcel map or waiver is filed in the office of the county
recorder, the conditions of approval of such a recorded parcel map
or waiver may be modified by a certificate of correction or amended
map as directed by the county surveyor.
A.
Any
modification of the conditions of approval of a parcel map/waiver
or to the recorded parcel map/waiver itself resulting from such modifications
shall be accomplished by the recordation of a certificate of correction
or amended map by the county surveyor at the direction of the advisory
agency shall hold a public hearing on the matter as provided for in
Section 66451.3 of the California Government Code. The advisory agency
shall confine the scope of the hearing to consideration of and action
on the proposed parcel map/waiver modification(s). The advisory agency
may approve a modification if:
1.
The
advisory agency finds that there are changes in circumstances which
make any or all of the conditions of such a map no longer appropriate
or necessary; and
2.
The
modification(s) do not impose any additional burden on the present
fee owner of the property; and
3.
The
modification(s) do not alter the location of any property line or
any right, title or interest in the real property reflected on the
recorded map/waiver and provided, subject to the provisions of Section
66436 of the Subdivision Map Act, a certificate signed and acknowledged
by all parties having a record title interest in the property affected
by the change in conditions is attached to the certificate of correction
or amended map;
4.
The
map/waiver as modified conforms to the provisions of Section 66474
of the California Government Code.
B.
If modifications to a recorded parcel map/waiver or its conditions of approval are requested by the original subdivider or his or her successor(s) in interest, a filing fee shall be paid by the person(s) making the request for parcel map/ waiver modification. The fee for such an application shall be the same as required by Section 16.20.080(A) of this code for the creation of one additional parcel, as annually adjusted.
(Prior code § 19.377)
A minor boundary adjustment is a process by which it is possible to grant property to an adjoining owner without the necessity for application under Section 16.20.010.
A.
1.
The
parcel review committee shall serve as the advisory agency for applications
made under this section.
B.
There
shall be a processing fee for each parcel being transferred except
that in the case of a reciprocal transfer of property involving only
two parcels, the fee shall be the same as for a single transfer.
C.
Applications
shall be filed with the planning department on forms supplied by that
department. The following items shall be submitted:
1.
Three
copies of the application form;
2.
Three
copies of a detailed plot plan showing both (or all) parcels involved
in the sale, with the area being transferred clearly delineated. The
plot plan should include the location of structures, roads, wells,
septic tanks, and leach fields;
3.
Three
copies of the deeds to both (or all) parcels affected by the adjustment;
4.
Three
copies of the grant deed (and legal description) that will be used
in the property transfer;
5.
A
current title report for the affected properties;
6.
All
maps and deeds noted in subsections (C)(2), (C)(3) and (C)(4) of this
section to be prepared by a licensed land surveyor or registered civil
engineer (authorized to practice land surveying) except when waived
by the parcel review committee.
D.
Approval
of application made under this section shall be granted if each of
the reviewing departments recommends such action. The applicant or
representative need not be present at the parcel review committee
meeting. The applicant(s) shall be notified of the action of the advisory
agency in the form of a resolution.
E.
The applicant shall have the right of appeal to actions taken by the advisory agency pursuant to Section 16.20.090.
F.
1.
The parcel review committee approval shall be for a period of three years. Three one year extensions can be obtained by processing a request in the same manner as specified in Section 16.20.060 for parcel maps.
2.
Applications
previously approved and active at the time this chapter amendment
becomes effective shall have three years from the date of their original
approval to complete their final processing.
G.
All
documents necessary to accomplish the boundary adjustment are to be
recorded by a title company. The title company is to assure that the
people requesting the adjustment are in fact the property owners and
that any restructuring of financing is accomplished concurrently with
the recording of the boundary adjustment. Existing deeds of trust
on the affected properties are to be reconciled to the resultant parcel
boundaries.
(Prior code § 19.380)
A.
Upon
application by the legal owner of contiguous parcels, the planning
director may approve pursuant to Government Code Section 66499.20
¾, the merger of the parcels without reverting to acreage.
This application shall be limited to the merger of entire contiguous
parcels. Any such application shall be in writing signed by all owners
and accompanied by any such data, documents or maps as may be required
by the planning director. This includes a legal description of the
newly combined parcel prepared in accordance with the application.
Upon approval, a certificate of merger in a form approved by county
counsel shall be recorded with the county recorder. The filing of
the certificate of merger shall constitute legal merger of the parcels
affected thereby.
(Ord. 5251-B (Exh. A), 2003; Ord. 5728-B § 3, 2013)
California Government Code Section 66411.7 allows ministerial
approvals of urban lot splits. The purpose of this section is to conform
with the above section and to define the standards under which an
SB9 lot split would be approved.
A.
Eligible
Parcel. A parcel must meet the eligibility criteria set forth in Section
66411.7(a)(3) of the California Government Code.
B.
Resulting
Parcels. The land division cannot result in more than two parcels
and the resulting parcels must conform with California Government
Code Section 66411.7, subdivisions (a)(1) and (2).
C.
Sewage. The resulting parcels must provide evidence the parcels meet the requirements set forth in Sections 8.24.050 (On-Site Sewage Manual) and 8.24.080 (Sewage system requirements) for an on-site sewage system, or must have access to a public sewer/sewerage system as evidenced by a will-serve letter from the sewer provider.
D.
Water. The resulting parcels must provide evidence the parcels meet the requirements set forth in Section 16.20.180 (Water supply).
E.
Fire Protection. The resulting parcels must meet the requirements set forth in Section 16.20.170 (Fire protection) and the California Code of Regulations, Title 14, SRA Fire Safe Regulations.
G.
Right-of-way Access. The resulting parcels must meet the requirement that the parcels have access to, provide access to, or adjoin public right-of-way, as set forth in Section 16.20.160 (Right-of-way access), Section 16.20.200 (Improvements), and Section 4.05(1)(f) Driveways of the Land Development Manual.
H.
Affidavit.
The applicant must sign an affidavit provided by the county that the
applicant intends to owner occupy one of the units on the resulting
parcel for a period not less than three years from the date of the
recordation of the final map.
1.
Waivers.
An applicant will have the requirement for an affidavit waived by
the planning director if they submit proof that they meet the requirements
of Government Code Section 66411.7(g)(2).
I.
Application
Submission. Applications shall be filed with the planning division
on forms supplied by that division.
J.
Noticing
of an Application. Upon receipt of a complete application but prior
to completion of staff review on the application, notice of the submitted
application shall be mailed to all owners of real property as shown
on the latest equalized assessment roll within 300 feet of the property
that is the subject of the application, unless fewer than 30 properties
are within 300 feet, then the notification radius shall be extended
to include the 30 nearest properties; or where the number of property
owners to whom notice would be mailed is more than 1,000, the planning
director may choose to provide alternate notice.
K.
Staff Review. A completed application shall be reviewed by staff from the community development resource agency, the planning division, the engineering and surveying division and the division of environmental health services to ensure the application conforms to the requirements of subsections A through I of this section. Staff review must include findings of conformance or lack of conformance and will be provided within 45 days of a complete application being filed with the county. Findings shall be transmitted in writing to the planning director.
L.
Approval.
The planning director or their designee shall make a determination
based on staff review within 15 days of receipt of any written findings.
N.
Appeals. An appeal of a denial by the planning director shall
be appealable through the process outlined in 16.20.090 (Appeals and
variances).
O.
Final
Parcel Map Processing. After an approval of the tentative parcel map
by the planning director or their designee, the applicant shall prepare
and submit to the Placer County engineering and surveying division,
a final parcel map which is in substantial conformance to the approved
tentative parcel map.
(Ord. 6154-B § 1, 2022)
