A.
The
Planning Director shall adopt rules to implement the various processes
generally set forth in this title and the Subdivision Map Act. The
rules shall apply to, but not be limited to, instructions for preparing
and completing applications for parcel maps, subdivision maps, certificates
of compliance, reversions to acreage, and compliance with the California
Environmental Quality Act.
B.
As
soon as practicable after receipt from the Office of Planning and
Environmental Review of the proposed environmental document related
to any project, the Director shall cause the posting of notice of
the application and the hearing on the property subject to any application.
Such posted notice shall be in a form and shall contain such content
as may be approved and required, from time to time, by the Director.
Such posted notice shall be maintained by the applicant until removed
by the Director or the Director's agent. The applicant shall be responsible
for any costs of replacing the notice should it be removed or destroyed
prior to removal by the Director.
(SCC 574 § 2, 1983; SCC
1341 § 2, 2006; SCC 1585 § 13,
2015; SCC 1606 § 72, 2017)
Applications for tentative subdivision maps and tentative parcel maps shall be filed with the Office of Planning and Environmental Review and shall be processed in accordance with the Subdivision Map Act, the provisions of this title and the rules prepared by the Director as authorized in Section 22.20.005.
(SCC 192 § 7, 1978; SCC
574 § 2, 1983; SCC 1585 § 14,
2015; SCC 1606 § 73, 2017)
The minimum requirements for filing a vesting map are set forth in this title, commencing with Section 22.25.010. Applications for vesting maps shall be filed with the Office of Planning and Environmental Review and shall be processed in accordance with the Subdivision Map Act, the provisions of this title and the rules prepared by the Director in Section 22.20.005. A proposed division of land which otherwise requires a tentative parcel map may instead be submitted for approval as a vesting tentative subdivision map whenever the subdivider desires the rights conferred by a vesting map.
(SCC 651 § 2, 1986; SCC
1585 § 15, 2015; SCC 1606 § 74,
2017)
The Board shall by resolution adopt, and from time to time, amend a fee schedule which shall provide for, but not be limited by this reference to, the processing of all maps, appeals, complaints, reversions, certificates, lot line adjustments, or notices, as required by this Title or the Subdivision Map Act. Such fee schedule may include a component for work accomplished by the Assessor pursuant to Section 22.40.040 of Chapter 22.40 of this Title. The fees provided for in this section shall not be applicable to maps or record of survey reviews which are initiated by the Board or by an advisory agency.
(SCC 574 § 2, 1983; SCC
0921 § 1, 1993; SCC 1585 § 16,
2015)
A fee shall be paid by the applicant to the County for parcel
map review, final map review, and record of survey review services
performed by the County. The fee for these services shall be in the
amount of the direct costs incurred by the County based on the hourly
rate of the personnel performing the services. This hourly rate shall
include all overhead costs. These fees shall not be applicable to
maps or record of survey reviews which are initiated by the Board
or by an advisory agency.
(SCC 0827 § 2, 1991; SCC
1585 § 17, 2015)
A minimum deposit of $300 shall be paid by the applicant upon
the submittal of parcel map review documents. A minimum deposit of
$500 shall be paid by the applicant upon the submittal of final map
review documents. A minimum deposit of $150 shall be paid by the applicant
upon a request for a record of survey review. In the event the cumulative
accrued charges exceed the above minimums, the County shall submit
monthly billings to the applicants for costs incurred to date of billings
in excess of the minimum deposits required. Interest of one and one-half
(1 1/2) percent per accounting period (28 day cycle) compounded each
accounting period shall be added to the unpaid balance due to any
account which has not been paid within 28 days of the date it was
billed. All fees must be paid prior to final approval of the documents
by the County Surveyor. In the event the actual total charges are
less than the minimum deposit amounts, the County shall reimburse
the payer the difference between the minimum deposit and the actual
total charges.
(SCC 0827 § 3, 1991; SCC
1537 § 1, 2013; SCC 1585 § 18,
2015)
A.
Tentative
Subdivision Maps. The advisory agency shall hold a public hearing
on each application for a tentative subdivision map and notice thereof
shall be given as provided in Section 66451.3 of the Government Code
and in the Zoning Code User Guide adopted by the Board of Supervisors.
Any person may appear at such hearing and shall be heard.
B.
Vesting
Tentative Subdivision Maps. The Board of Supervisors and the County
Planning Commission shall hold public hearings on each application
for a vesting map and notice thereof shall be given as provided in
Section 66451.3 of the Government Code and in the Zoning Code User
Guide adopted by the Board of Supervisors. Any person may appear at
such hearings and shall be heard.
C.
Tentative Parcel Map. Notice shall be given as provided for tentative subdivision maps in subsection (A) of this section.
D.
Condominium,
Community Apartment, and Stock Cooperative Projects. In addition to
any other notice, for projects involving the conversion of residential
real property to a condominium project, community apartment project,
or stock cooperative project, notice shall be given by first class
mail to each tenant of the subject property at least 10 days in advance
of the public hearing. Such notice shall include notification to each
tenant of his or her right to appear and be heard.
(SCC 574 § 2, 1983; SCC
651 § 3, 1986; SCC 1585 § 19,
2015)
Except as provided in Section 22.20.030, the Sacramento County Planning Commission is designated as the advisory agency as to all matters relating to tentative subdivision maps, and said commission is charged with the duty to approve, conditionally approve, recommend approval or disapprove such tentative subdivision maps.
(SCC 574 § 2, 1983; SCC
1400 § 39, 2008)
A.
The
Board of Supervisors shall serve as the advisory agency as to all
matters relating to tentative subdivision maps in those instances
when tentative subdivision maps are filed with an application for
a community plan amendment or a general plan amendment.
B.
The
Board of Supervisors shall serve as the advisory agency after a recommendation
from the Subdivision Review Committee and the County Planning Commission
as to all matters relating to all tentative subdivision maps and tentative
parcel maps located within the area regulated by any Airport Comprehensive
Land Use Plan (CLUP) which does not comply strictly with the policies
of the CLUP, upon making the findings by a 4/5 vote.
C.
The
Sacramento County Planning Commission shall serve as the advisory
agency after recommendation from the Subdivision Review Committee
to all matters relating to all tentative subdivision maps and tentative
parcel maps located within an area designated as agricultural cropland,
general agriculture, agricultural-urban reserve, and agricultural-recreation
reserve lands in the General Plan when the proposed subdivision map
or parcel map is consistent with the existing zoning but inconsistent
with General Plan Policy AG-7. Proposed maps that are consistent with
existing zoning but inconsistent with General Plan Policy AG-7 shall
not be approved unless the advisory agency finds, in writing, that
the proposed subdivision will not deter the General Plan objective
to maintain and enhance agricultural production capability.
(SCC 574 § 2, 1983; SCC
0743 § 1, 1988; SCC 0880 § 1,
1992; SCC 1400 § 40, 2008; SCC 1585 § 20, 2015)
The Board of Supervisors is the advisory agency as to all matters
relating to vesting maps. The County Planning Commission, after a
public hearing, shall forward a recommendation to the Board on all
vesting maps.
(SCC 651 § 4, 1986; SCC
1400 § 41, 2008; SCC 1585 § 21,
2015)
The Board of Supervisors is the approval authority as to all
matters pertaining to subdivision maps involving 20 or more units
which utilize less than one-half of allowed density as set forth in
the Zoning Code. The County Planning Commission, after a public hearing,
shall act as advisory agency and shall forward a recommendation to
the Board.
(SCC 1374 § 2, 1990; SCC
1400 § 42, 2008; SCC 1585 § 22,
2015)
Except as otherwise provided herein, the Subdivision Review
Committee is designated as the advisory agency as to all matters relating
to tentative parcel maps, including reversion to acreage by parcel
map.
(SCC 574 § 2, 1983)
The Planning Director is designated as the advisory agency for
all matters related to boundary line or lot line adjustments where
the project has been determined to be categorically exempt pursuant
to CEQA and will not result in any changes in land use density. All
other requests for boundary line or lot line adjustments shall be
heard by the Subdivision Review Committee acting as the advisory agency,
including any proposals which are determined to require an Initial
Study and either a Negative Declaration or Environmental Impact Report
(EIR) pursuant to CEQA.
(SCC 0998 § 2, 1995)
The applicant or any interested person adversely affected by any action of the Planning Director relating to the provisions of Section 22.20.036 of this chapter, may appeal the action within 10 days of the date of the decision. A hearing on the appeal shall be held by the Subdivision Review Committee acting as the appeals board; notice of which hearing shall be given in the same manner as notice originally required for the action before the Planning Director. Any hearing may be continued from time to time. Notwithstanding any other provisions of this Title, all actions of the Subdivision Review Committee pursuant to this section shall be final for all purposes.
(SCC 0998 § 3, 1995; SCC
1307 § 1, 2005)
The applicant or any interested person adversely affected by any action of the Subdivision Review Committee relating to the provisions of Section 22.20.036 of this chapter, may appeal the action within 10 days of the date of the decision. A hearing on the appeal shall be heard by the Board of Zoning Appeals acting as the appeals board; notice of which hearing shall be given in the same manner as notice originally required for the action before the Subdivision Review Committee. Any hearing may be continued from time to time. All actions of the Board of Zoning Appeals pursuant to this section shall be final for all purposes.
(SCC 0998 § 4, 1995; SCC
1307 § 2, 2005)
The subdivider or any interested person adversely affected by
any action of the Subdivision Review Committee, relating to the provisions
of this Title, may appeal the action within 10 days of the date of
the decision. A public hearing on the appeal shall be heard by the
County Planning Commission acting as the appeals board; notice of
which such hearing shall be given in the same manner as the notice
originally required for the action before the Subdivision Review Committee.
(SCC 574 § 2, 1983; SCC
1307 § 3, 2005; SCC 1400 § 43,
2008)
Any interested person, including the subdivider, may appeal any decision of the Planning Commission acting as an advisory agency pursuant to this Title, within 10 days of the date of the decision. Such appeal shall be in writing and shall be directed to the Clerk of the Board. The Board shall conduct a public hearing on the appeal and notice thereof shall be given as required by Section 22.20.020.
(SCC 651 § 5, 1986, SCC 574 § 2,
1983; SCC 1307 § 4, 2005; SCC 1400 § 44, 2008; SCC 1585 § 23,
2015)
Notwithstanding any provision to the contrary in this Title,
if a vote of the members of the County Planning Commission acting
as an advisory agency results in a two to two tie vote, any interested
person may request a hearing before the Board by filing a notice thereof
with the Clerk of the Board within 10 calendar days following such
vote. The filing of a request for a hearing shall have the same effect
as filing a notice of appeal.
(SCC 574 § 2, 1983; SCC
1307 § 6, 2005; SCC 1585 § 24,
2015)
A.
Tentative
Subdivision Map. The approval or conditional approval of a tentative
subdivision map shall expire 48 months from the date the map was approved
or conditionally approved.
B.
Vesting
Tentative Subdivision Map. The approval or conditional approval of
a vesting map shall expire 48 months from the date the map was approved
or conditionally approved.
C.
Tentative
Parcel Map. The approval or conditional approval of a tentative parcel
map shall expire 48 months from the date the map was approved or conditionally
approved.
D.
Effect
of Map Modification. Modification of a tentative subdivision map,
vesting tentative map, or tentative parcel map after approval or conditional
approval shall not extend the time limits imposed by this section.
E.
Effect
of Expiration of Map. The expiration of the approved or conditionally
approved tentative subdivision map, vesting tentative map, or tentative
parcel map shall terminate all proceedings, and no final map or final
parcel map for all or any portion of the real property included within
the tentative subdivision map, vesting tentative map, or tentative
parcel map shall be filed without first processing an application
for a new tentative subdivision map, vesting tentative map, or tentative
parcel map.
(SCC 574 § 2, 1983; SCC
651 § 6, 1986; SCC 1585 § 25,
2015; SCC 1685 § 2, 2021)
The periods of time specified in this Title for which an approved
tentative parcel map, or tentative subdivision map, or vesting tentative
map shall be valid shall not include:
A.
Any
period of time during which a development moratorium imposed after
the approval of the map is in existence; provided, however, that the
length of such moratorium does not exceed five years. Once such moratorium
is terminated, the approved map shall be valid for the same period
of time as was left to run on the map at the time the moratorium was
imposed provided, however, that in no instance shall the map be valid
for less than 120 days after termination of the moratorium.
B.
Any
period of time during which a lawsuit has been filed and is pending
in a court of competent jurisdiction involving the approval, or conditional
approval of a tentative parcel map or a tentative subdivision map
if a stay of such time period is approved by the Board. Upon receipt
of service of the initial petition or complaint, the Clerk of the
Board of Supervisors shall notify the subdivider of the service of
the petition or complaint. The subdivider may, within 10 days of the
receipt of the petition or complaint by the Board, apply to the Board
for a stay. The request for stay shall be processed in the same manner
as an appeal of an action of the County Planning Commission; however,
the Board shall, within 40 days of receipt of the request, hear the
matter and either stay the time period for up to five years or deny
the requested stay.
(SCC 574 § 2, 1983; SCC
651 § 7, 1986; SCC 1400 § 46,
2008)
A.
Following
approval by the County Surveyor, a final parcel map shall be filed
and recorded for any subdivision for which a tentative subdivision
and final subdivision map is not required by the Subdivision Map Act
except for subdivisions created by short-term leases (terminable by
either party or not more than 30 days' notice in writing) of a portion
of an operating right-of-way of a railroad corporation defined as
such by Section 230 of the Public Utilities Code; provided, however,
that upon a showing made to the Board based on substantial evidence,
that public policy necessitates such a map, this exception shall not
apply. The final parcel map shall not be required for any conveyance
or agreement made solely for the purpose of correcting, confirming
or relocating a boundary common to abutting lots or parcels provided
that the resulting lots comply with the provisions of this Title and
the Zoning Code and that no additional lot is created. The boundary
line adjustment shall be approved by resolution.
The final parcel map shall meet all of the requirements of the
Subdivision Map Act and this Title and shall show all dedications
or offers of dedications thereon. An advisory agency or the Board
may require that such dedications or offers of dedications be made
by deed in lieu of, or in addition to, those appearing on the map.
B.
When
a final parcel map is required by this Title, a tentative parcel map
shall first be filed and approved by the advisory agency. A tentative
parcel map shall meet all of the requirements for tentative maps provided
by the Subdivision Map Act and this Title.
(SCC 574 § 2, 1983; SCC
1585 § 26, 2015)
A designated remainder may subsequently be sold without any
further requirement of the filing of a parcel map or final subdivision
map if a certificate of compliance or conditional certificate of compliance
is issued by the appropriate authority.
(SCC 0712 § 4, 1988)
An advisory agency may waive the requirements for the recordation
of a final parcel map in any case when the land being divided consists
of a lot or parcels shown on a recorded parcel map or final subdivision
map and the full street improvements have been constructed or monumentation
is evident or where each of the lots has a gross acreage of 40 acres
or more or each of which is a quarter-quarter section or larger. The
advisory agency may grant the waiver and will issue a certificate
of compliance if:
A.
The
subdivider files an application with the Director, including any fees
required, verifying the existence of monumentation in the installation
of street improvements;
B.
The
application contains a legal description for each of the lots to be
created; and
C.
The
advisory agency finds that the proposed division of land complies
with requirements as to area, improvement and design, floodwater drainage
control, appropriate improved public roads, sanitary disposal facilities,
water supply availability, environmental protection and other requirements
of this title.
(SCC 574 § 2, 1983; SCC
1585 § 27, 2015)
The County Planning Commission or the Board of Supervisors may
waive the requirements for a tentative or final map, imposed by the
Subdivision Map Act for the construction of a residential condominium
project on a single lawful parcel. The Chief may waive the requirements
for a tentative or final map, imposed by the Subdivision Map Act for
the construction of a commercial or industrial condominium project
on a single lawful parcel.
The procedure for determining whether such a waiver for a residential
condominium is appropriate shall be initiated by an application for
waiver filed with the Director. An application for waiver for a commercial
or industrial condominium shall be initiated by an application for
waiver filed with the Chief.
The application shall contain a legal description for the single
lawful parcel and a description of the proposed condominium project.
If an application for waiver on a residential condominium project
is filed contemporaneously with an application to adopt or amend a
community plan as provided in Title 21, then the application for waiver
shall be first considered by the County Planning Commission at a public
hearing. After this hearing, the County Planning Commission shall
provide a written recommendation to the Board of Supervisors which
shall make the final determination on the application. All other applications
for waiver on a residential condominium project shall be considered
by the County Planning Commission at a public hearing. The County
Planning Commission shall make the final determination on these applications
for waiver.
Applications for waiver of final or tentative maps on a commercial
or industrial condominium project on a single lawful parcel shall
be considered and granted or denied by the Chief.
No applications for waiver of the requirement for a tentative
or final map for the construction of a condominium project on a single
lawful parcel shall be granted unless it is found that the proposed
division of land complies with the requirements of the Subdivision
Map Act and the Sacramento County Code as to area, improvement and
design, floodwater drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability, environmental
protection, and other requirements of the Subdivision Map Act and
the Sacramento County Code.
(SCC 0712 § 2, 1988; SCC
0880 § 2, 1992; SCC 1400 § 47,
2008; SCC 1585 § 28, 2015)
A.
The Director or the Subdivision Review Committee acting as the advisory agency pursuant to Section 22.20.036 of this Title, may approve a boundary line or lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.
B.
The
advisory agency may approve a parcel smaller than the minimum lot
area required by the Zoning Code, subject to the following findings:
1.
The
existing parcel was legally created.
2.
The
resulting parcel size will be at least as large as the existing parcel.
3.
The
resulting parcel size and configuration will be adequate for the permitted
uses.
4.
Any
resulting parcel shall remain subject to the County Zoning Code provisions
governing non-conforming lots of record.
(SCC 1585 § 29, 2015)
In addition to any other basis provided in this Title or the
Subdivision Map Act, an advisory agency or the Board shall disapprove
a tentative subdivision map, vesting subdivision map, or tentative
parcel map if it finds that the tentative subdivision map, vesting
subdivision map, or tentative parcel map is inconsistent with an adopted
community plan; violates the provisions of the Zoning Code of Sacramento
as to area, setback, frontage, or any other requirements for which
no variance or exception has been granted; enlarges, expands or extends
a nonconforming use of the land under the Zoning Code; or the division
of land violates any other county ordinance or code provision.
(SCC 574 § 2, 1983; SCC
651 § 8, 1986; SCC 1585 § 30,
2015)
Any tentative subdivision map or vesting subdivision map is eligible for an extension of time, provided final approval for such extension occurs prior to the expiration of the original map. The hearing procedures for an extension of time shall be the same as for resubmittal of the map. Upon filing of a timely application for an extension of time, 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. An extension of time may not be granted for more than six years, but may be granted for a lesser time at the sole discretion of the final hearing body. A subdivider may apply for a resubmission of the map rather than an extension of time; in which case, the map may be approved after the expiration date of the original map. The expiration date of an approved resubmitted map shall be as set forth in Section 22.20.060.
(SCC 651 § 9, 1986; SCC
0880 § 3, 1992; SCC 1372 § 2,
2007; SCC 1691 § 1, 2022)
Notwithstanding any other provision of this Code or of the Sacramento
County Zoning Code, any entitlement, development permit or other approval
which would expire pursuant to this Code or the Sacramento County
Zoning Code, but which was approved concurrently with and pertains
to any approved tentative subdivision or parcel map the expiration
date of which was automatically extended by the provisions of the
Government Code Section 66452.11, 66452.13, or by the provisions of
any other similar section that may from time to time be added to the
Government Code, shall be extended for the same period as that provided
by said section for the approved tentative subdivision or parcel map
to which it pertains.
(SCC 0938 § 1, 1993; SCC
1029 § 1, 1996)
A.
Pursuant
to Section 66472.1 of the Government Code, after a final map or parcel
map is filed in the office of the County Recorder, the recorded final
map may be modified by a certificate of correction or an amending
map if the advisory agency finds all of the following:
1.
There
are changes in circumstances that make any or all of the conditions
of the map no longer appropriate or necessary;
2.
The
modifications do not impose any additional burden on the fee owners
of the real property;
3.
The
modifications do not alter any right, title or interest in the real
property reflected on the recorded map; and
4.
The
map as modified conforms to Section 66474 of the Government Code.
B.
The
advisory agency shall confine the hearing to consideration of, and
action on, the proposed modification.
(SCC 1635 § 1, 2019)
