A.
A tentative
and final map shall be required for all subdivisions creating five
or more parcels, five or more condominiums as defined in Section 783
of the Civil Code, a community apartment project containing five or
more parcels, or for the conversion of a dwelling to a stock cooperative
containing five or more dwelling units, except where:
1.
The
land before division contains less than five acres, each parcel created
by the division abuts upon a county maintained road or highway and
no dedications or improvements are required by the legislative body;
or
2.
Each
parcel created by the division has a gross area of twenty acres or
more and has an approved access to a county maintained road or highway;
or
3.
The
land consists of a parcel or parcels of land having approved access
to a county maintained road or highway which comprises part of a tract
of land zoned for industrial or commercial development, and which
has the approval of the board as to street alignments and widths;
or
4.
Each
parcel created by the division has a gross area of not less than forty
acres or is not less than a quarter of a quarter section.
(Prior code §9-25(a); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Prior to the preparation and submission of a tentative map,
subdivider may present preliminary plans and sketches of proposed
subdivisions to the department, subdivision committee, or the commission
for review.
(Prior code §9-25(b); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Twenty-five copies of tentative maps of more than four parcels
shall be filed with the department at least forty-five days prior
to the commission meeting at which consideration is desired and shall
be accompanied by a filing fee in such amount as may be fixed from
time to time by order or resolution of the board.
(Prior code §9-25(c); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
The tentative map shall be eighteen by twenty-six inches, drawn
to a scale of one inch equals one hundred feet for large subdivisions
and one inch equals fifty-feet for small subdivisions, unless otherwise
approved by the department. It shall be clearly prepared and legibly
reproduced and shall contain the following data:
A.
A key
or location map showing the general area;
B.
The
subdivision name, date, north arrow, scale, boundaries, and sufficient
description to define the location;
C.
Name
and address of record owner or owners;
D.
Name
and address of subdivider;
E.
Name
and address of person preparing the map;
F.
Acreage
to the nearest tenth of an acre;
G.
Sufficient
elevations or contours to show the general slope of the land and high
and low points thereof;
H.
Location,
name, width, elevation, and grades of streets and alleys within the
land adjacent to the proposed subdivision;
I.
Location
and size of all pipelines, existing irrigation and drainage facilities,
irrigation and drainage patterns, existing or proposed water wells,
sewer lines and structures used in connection therewith. Sewer leach
fields, including those bordering the proposed subdivision may be
required to be shown at the discretion of the director of environmental
resources;
J.
Location
and character of existing or proposed utilities;
K.
Width,
location and purpose of existing or proposed easements;
L.
Lot
layout with appropriate dimensions of each lot and each lot and block
shall be numbered;
M.
Outline
of existing buildings and mobile homes to remain in place within the
subdivision and relation to existing or proposed streets, lot and
building lines;
N.
Location
of all trees proposed to remain in place which stand within the boundaries
of proposed dedicated rights-of-way;
O.
Location
of all areas subject to inundation by floods or stormwater overflow
and the width and direction of flow of all water courses;
P.
Typical
street sections when different from adopted standards;
Q.
Tax
assessor's parcel number as shown on the latest equalized county assessment
roll.
(Prior code §9-25(d); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Additional information to be presented with or placed on the
tentative map shall include the following:
A.
Proposed
use of all lots;
B.
Improvements
proposed which are not a requirement;
C.
Proposed
method of stormwater drainage;
D.
Proposed
method of sewage disposal;
E.
Proposed
method of providing domestic water, location and type of fire hydrants,
and existing or proposed wells to be used;
F.
Area
proposed for public use;
G.
Completed
environmental review application; the subdivider shall provide such
additional data and information and deposit and pay such fees as may
be required for the preparation and processing of environmental review
documents;
H.
Preliminary
soil report of the subdivision, prepared by a registered civil engineer,
shall be submitted with the tentative map, and shall be based on adequate
test borings or excavations. The commission may waive the preliminary
soil report requirements on recommendation of the subdivision committee
when it finds that due to the knowledge of the committee of soil conditions
within the proposed subdivision and land use, that no preliminary
analysis is necessary. When a soil report, geologic report or geologic
and soil reports have been prepared, this fact shall be noted on the
final map, together with the date of the report and the name of the
engineer preparing the report(s) and the location where the report(s)
are on file;
I.
Completed
tentative map application.
(Prior code §9-25(e); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Upon receipt of a valid application, the department shall transmit
copies of the tentative map to the director, environmental health
officer, fire warden, sheriff, and all utility companies serving the
area where the subdivision is located, and to the nearest city when
within the sphere of influence or one mile from a city limit. When
the proposed subdivision fronts on a state highway or may be located
in such a manner as to affect a state highway, a copy shall be sent
to the District Engineer, State Department of Transportation. The
department may send a copy to such other agencies as it believes can
furnish pertinent information to the commission.
(Prior code §9-25(f); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Departments or agencies receiving a copy of the map shall notify
within ten days of receipt thereof, the department of particulars
which do not conform to requirements coming within their authorized
scope. If a reply is not received prior to the meeting of the commission,
it is assumed that the map does conform to requirements of those concerned.
(Prior code §9-25(g); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Within five days of the filing of the tentative map, the department
shall send a notice of filing of the tentative map to the governing
board of any elementary, high school, or unified school district within
the boundaries of which the subdivision is proposed to be located.
The notice shall also contain information of units, density, and any
other information which would be relevant to the affected school district.
The governing board may review the notice and may send a written report
thereon to the commission. If a written report is made by the governing
board, the report shall indicate the impact of the proposed subdivision
on the affected school district and shall make such recommendations
as the governing board of the district deems appropriate. If a written
report is made by the governing board, the report shall be returned
within twenty working days of the date on which the notice was mailed
to the school district for comment. In the event that the governing
board of any such district fails to respond within the twenty-day
period, such failure to respond shall be deemed approval of the proposed
subdivision.
(Prior code §9-25(h); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
If a subdivision is a land project as defined by Section 11000.5
of the Business and Professions Code, a copy of the tentative map
shall be submitted to the Office of Planning and Research, State Clearinghouse,
pursuant to Section 12037 of the Government Code, for an evaluation
of environmental impact of the proposed subdivision prior to approval
of the map.
(Prior code §9-25(i); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
The tentative map shall not be deemed filed for the purpose
of Section 66452.1(b) of the Subdivision Map Act until such time as
environmental documentation required by CEQA, either a negative declaration
or environmental impact report, has been completed.
(Prior code §9-25(j); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A.
Upon
receipt of a valid application, the department shall set the tentative
map for public hearing. At least ten days prior to the public hearing,
the department shall give notice thereof by at least one publication
in a newspaper of general circulation within the county. The notice
of a public hearing shall state the time, date, place of the hearing,
general explanation of the tentative map to be considered, location,
general description of the location of the tentative map, and the
street address, if any, of the property.
B.
In
addition, the department shall provide notice of the application to
all persons, including businesses, corporations, or other public or
private entities, shown on the latest equalized assessment roll, as
owning real property within three hundred feet of the subject application.
Notice shall be provided by at least one of the following methods:
(Prior code §9-25(k); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
The commission shall determine if the tentative map is in full
compliance with the provisions of law and of this title, and upon
that basis, shall, within fifty days after filing of the tentative
map, approve, conditionally approve or disapprove the map. The fifty-day
time limitation may be waived; provided, that the subdivider agrees
to such waiver in written form as approved by the director of planning
and community development.
(Prior code §9-25(l); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A tentative map shall not be approved or conditionally approved
by the commission unless the commission finds that the proposed subdivision,
together with the provisions for its design and improvements, is consistent
with the county general plan and applicable community plans and specific
plans of the county.
(Prior code §9-25(m); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A tentative map shall not be approved or conditionally approved
by the commission if it makes any of the following findings:
A.
That
the proposed map is not consistent with applicable general and specific
plans;
B.
That
the design or improvements of the proposed subdivision is not consistent
with applicable general and specific plans;
C.
That
the site is not physically suitable for the proposed density of development;
D.
That
the site is not physically suitable for the type of development;
E.
That
the design of the subdivision or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
F.
That
the design of the subdivision or the type of improvements are likely
to cause serious public health problems;
G.
That
the design of the subdivision or the type of improvements will conflict
with easements acquired by the public at large, for access through,
or use of, property within the proposed subdivision. In this connection,
the commission may approve a map if it finds that alternate easements
for access or for use, will be provided and that these will be substantially
equivalent to the ones previously acquired by the public. This subsection
shall apply only to easements of record or easements established by
judgment of a court of competent jurisdiction.
(Prior code §9-25(n); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
If a tentative map is approved or conditionally approved, the department shall make a written report to the board. Within ten days, or at its next succeeding regular meeting after the receipt of the aforementioned report, the board may decide to review the map and the conditions imposed by the planning commission. If the board decides to review the map and conditions, it shall conduct a public hearing after giving notice pursuant to Section 20.12.110. In addition, notice shall be given to the subdivider and the planning commission. At that hearing, the board may add, modify or delete conditions when the board determines that such changes are necessary to insure that the tentative map conforms to applicable county ordinances and the Subdivision Map Act. The board may deny the tentative map on any of the grounds contained in Section 20.12.140. If the board does not act within the time limits set forth in this section, the tentative map shall be deemed to have been approved or conditionally approved as set forth in the planning commission's report. For purposes of determining filing deadlines for final maps, the date of the board public hearing shall be used, unless no hearing is held in which case the date the board formally receives the department report shall be used.
(Prior code §9-25(o); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Any subdivider or other person, firm or corporation which is dissatisfied with any action of the planning commission with respect to the tentative subdivision map may appeal such action in accordance with the procedure established in Chapter 20.68.
(Prior code §9-25(p); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
