A subdivision map shall conform to all zoning ordinances set forth in this Ordinance Code and Ordinance No. 352, with respect to uses of land, lot sizes and dimensions, space for off-street parking and off street loading areas and all other applicable regulations.
Except as otherwise expressly provided, all of the provisions and requirements of this Article shall be applicable to designated remainder parcels as well as to other lots in a subdivision.
Pursuant to section 66485 of the Government Code of the State of California, a subdivider may be required to install improvements for the benefit of the subdivision which contain supplemental size, capacity or number for the benefit of property not within the subdivision and required to dedicate such improvements to the County. In such cases an agreement between the County and the subdivider shall be entered into pursuant to section 7-01-2065 of this Chapter.
Rights of way for streets, cul de sacs and alleys shall be provided, and all street improvements shall be constructed, in accordance with the requirements of this Chapter and the improvement standards referred to in section 7-01-2025 of this Chapter. Rights of way and improvements may be required inside and outside the subdivision.
The geometric design of roads in areas zoned for industrial uses shall be based upon the specific traffic requirements of the area served, but shall have the following minimums:
Travel lane widths | 12 feet |
Parking lane widths | 10 feet |
Border widths | 8 feet |
The design velocity, maximum grade, maximum super-elevation and minimum right of way widths shall not be less than those specified for Select System Roads in the improvement standards referred to in section 7-01-2025 of this Chapter.
In subdivisions which are not in mountainous areas, curbs and gutters shall be required on all lots if a majority of the lots in the subdivision contain less than two and one half (2 1/2) acres and/or have average widths of less than two hundred (200) feet.
If all or any portion of the subdivision is located within the boundaries of an urban improvement area, as established by the General Plan, the subdivider shall provide sidewalks along all Select System Roads and Class 3 Roads in the subdivision. In addition, the body which takes final action on the tentative map may require sidewalks along any County road in a subdivision, including subdivisions located outside of said urban improvement areas, if sidewalks are found to be desirable for access to schools, playgrounds, shopping centers, or other community facilities. Sidewalks shall have a minimum width of four (4) feet and shall be contiguous to the curb unless the Public Works Director approves a different location. Sidewalks shall be constructed in accordance with the standards referred to in section 7-01-2025 of this Chapter.
Road widths shall comply with the applicable geometric sections shown in the improvement standards referred to in section 7-01-2025 of this Chapter.
(a)
In mountainous areas which are above three thousand (3,000) feet in elevation, the maximum grades on Class 1, 2 and 3 Roads shall be ten percent (10%). However, in very difficult terrain, grades may be allowed up to a maximum of twelve percent (12%) for short distances on Class 1 Roads with the approval of the County Road Commissioner.
(b)
In mountainous areas which are below three thousand (3,000) feet in elevation, the maximum grades shall be fifteen percent (15%) for Class 1 Roads, twelve percent (12%) for Class 2 Roads, and ten percent (10%) for Class 3 Roads.
Property line return radii shall be a minimum of ten (10) feet except in mountainous areas where the minimum radii shall be twenty (20) feet.
(a)
Street intersections shall be as near right angles as practicable and in no case shall the angle of intersection be less than seventy (70) degrees.
(b)
Streets located on opposite sides of an intersecting street shall have their center lines directly opposite each other where physically possible; otherwise the center lines shall be separated by not less than one hundred fifty (150) feet.
(c)
Subdivision streets which constitute continuations of streets in contiguous territory shall be aligned so that their center lines coincide. In cases where straight continuations are not physically possible, center lines shall be continued by curves.
(d)
The bottom surface of the base course of any street located within selected flood lines which is necessary to provide access to the subdivision shall be at least one (1) foot above the elevation of the selected flood unless flood control devices approved by the Tulare County Flood Control District will provide protection for such streets or unless, in the opinion of the County Public Works Director, such streets are adequately protected from appreciable flood damages or there is no necessity for flood protection.
(e)
In mountainous areas, if a Class 1 or Class 2 Road intersects a Class 3 Road, and adequate signs for a full stop will be provided by the subdivider, the radius of curvature and the slight distance for the Class 1 or Class 2 Road may be fifty (50) feet and eighty five (85) feet, respectively, within one hundred fifty (150) feet of the intersection.
(f)
The centerline grades of intersecting streets shall not exceed six percent (6%) for a distance of fifty (50) feet from the point of intersection on Class 1 and 2 Roads and seventy (70) feet on Class 3 Roads.
(a)
If a subdivision adjoins unsubdivided land, streets which may be extended in the event of the subdivision of the adjoining land shall be provided to the boundary line of the subdivision. On the final map, a single lot shall be shown across the end of such street, contiguous and parallel to the unsubdivided land, and said lot shall be one (1) foot wide and run the full width of the street. Fee title to said lot shall be conveyed to the County at the time the final map is recorded. The deed conveying said lot to the County shall be in a form approved by the County Counsel which shall be adequate to prevent the person owning the unsubdivided land adjoining the subdivision from having access to said street until the land required to extend said street is acquired by the County. Said deed shall also provide for the automatic transfer of the County’s interest in said lot, except for an easement for street purposes, to the appropriate lot owners in the subdivision when the land required to extend said street is acquired.
(b)
If a street is located adjacent and parallel to the boundary line of a subdivision, the subdivider may dedicate one half (1/2) of the right of way and install all required improvements in the right of way dedicated. On the final map the subdivider shall designate a single lot running the entire length of such street, contiguous and parallel to the unsubdivided land, which shall be one (1) foot in width. Fee title to said lot shall be conveyed to the County at the time the final map is recorded. The deed conveying said lot to the County shall be in a form approved by the County Counsel which shall be adequate to prevent the person owning the unsubdivided land adjoining the subdivision from having access to said street until the land required to widen said street is acquired by the County. Said deed shall also provide for the automatic transfer of the County’s interest in said lot, except for an easement for street purposes, to the appropriate lot owners in the subdivision when the land required to widen said street is acquired by the County.
(c)
None of the other provisions of this Chapter which govern the size or shape of lots, or are otherwise applicable to lots, shall apply to the lots to be conveyed to the County pursuant to this section. Said lots shall be lettered consecutively commencing with the letter "A."
Reserve strips controlling access to and from streets, alleys and pedestrianways shall not be permitted except as provided in section 7-01-1270 of this Chapter.
(a)
In subdivisions which are not in mountainous areas, cul de sacs shall not exceed six hundred sixty (660) feet in length and shall terminate with a circular turnaround constructed in accordance with the improvement standards referred to in section 7-01-2025 of this Chapter.
(b)
In mountainous areas, cul de sacs shall not exceed one thousand (1,000) feet in length. The minimum radius of the right of way of the cul de sac shall be forty five (45) feet and the minimum radius of the paved portion shall be thirty seven (37) feet. The minimum distance from the centerline of the road to the edge of the right of way shall be twenty (20) feet. The sight distance shall be a minimum of eighty five (85) feet within one hundred fifty (150) feet of the center of the bulb.
(c)
The maximum paved slope across the bulb of a cul de sac shall be six percent (6%).
Stubbed streets shall be completely improved to the boundary of the subdivision. The boundaries of the subdivision shall not be distorted for the purpose of eliminating stubbed streets. In State Responsibility Areas, temporary turnabouts with a pavement radius of forty (40) feet shall be constructed on stubbed streets which are more than one (1) lot in length. In all other areas, temporary turnabouts with a pavement radius of thirty (30) feet shall be constructed on stubbed streets which are more than one (1) lot in length.
Parallel to a limited access highway or freeway, a frontage street, separated from the limited access highway or freeway by a planting strip, shall be required for access to a contiguous subdivision. Such frontage streets will not be required when the lots of the subdivision adjacent to the limited access highway or freeway are oriented so as to back into said highway or freeway and a waiver of access rights to said highway or freeway has been acquired by a public agency or such access rights are waived in an appropriate certificate on the final map.
Private streets and alleys shall be improved by the subdivider to the same standards as public streets and alleys, in accordance with the standards referred to in section 7-01-2025 of this Chapter.
When required by the General Plan or any specific or community plan, the subdivider shall make provision through recorded covenants running with the land, irrevocable trusts, or other method approved by the Board of Supervisors, for the future maintenance and repair of all private streets, alleys, and other private vehicular access easements required by this Chapter. Such maintenance and repair shall be in accordance with the standards applied at the time the subdivision was approved. If the method used requires agreement or acceptance by the Board of Supervisors, the Board may, by resolution, authorize the Public Works Director and duly authorized employees in his office to execute such agreement or signify such acceptance. The Board of Supervisors shall approve a form agreement or acceptance for this purpose.
Street names and numbers shall conform to the Specific Plan of Street Names and Numbers and House Numbers.
(a)
Alleys of thirty (30) feet or more in width may be required at the rear of lots in areas zoned for commercial or industrial use.
(b)
In subdivisions not zoned for commercial or industrial use, alleys of twenty (20) feet or more in width may be required.
(c)
Alleys shall be constructed in accordance with the standards referred to in section 7-01-2025 of this Chapter.
(d)
If two (2) alleys intersect, the corners shall be cut either on a twenty (20) foot radius to which the lot boundaries are tangent or on a straight line connecting points on both lot lines fifteen (15) feet from the corner of the lot at the intersection of the alleys.
In accordance with section 66475.1 of the Government Code of the State of California, if any subdivision contains two hundred (200) or more lots, and if the subdivider is required to dedicate roadways to the public, he may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision.
(a)
No lot shall be divided by the boundary line of a county, city, school district, or any other taxing district.
(b)
In a subdivision in which the lots may be resubdivided at some future time, the location of lot lines and other details of layout shall be such that resubdivision may readily take place without violating the requirements of this Chapter or the Zoning Ordinance and without interfering with the orderly extension of adjacent streets.
(c)
All lots shall be adequately drained and sloped in such a manner that surface water is conducted to underground drains, drainage channels or gutters approved by the Public Works Director.
(d)
Double frontage lots shall not be permitted except where necessary to prevent residential development from fronting on a major street, a limited access highway or a freeway or where necessitated by topographic or other physical conditions.
(e)
Reversed corner lots shall not be permitted except when they contribute to the proper design and function of a subdivision or when necessary because of topographies or other physical conditions.
(f)
Site Evaluations shall be conducted on each parcel to determine its suitability for onsite sewage disposal. A site evaluation shall determine that adequate soil depth is present in the effluent dispersal area, and that the required separation between the bottom of the effluent dispersal system to groundwater and limiting layers has been met.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
In addition to the other provisions of this Article governing the size and shape of lots, the following general provisions shall be complied with:
(a)
The size and shape of lots shall be appropriate for the locality in which the subdivision is situated, the topography of the land and the proposed use. The body which takes final action on the tentative map, pursuant to section 7-01-1745 of this Chapter, may require the size and shape of lots to be adjusted if said body determines that the above criteria have not been complied with.
(b)
When computing the required minimum area of lots, any portion of a lot which is within an F-l Zone which is not combined with another zone shall not be included.
(c)
If sewage disposal is to be provided by individual septic systems, regardless of the means of providing water to the lots, the net acreage or area shall be used when computing the acreage or area of the lot.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
The minimum lot sizes for single family dwelling units for subdivisions in mountainous areas shall be based on the Slope Area Diagram (Plate 1).
When computing the minimum lot sizes pursuant to the Slope-Area Diagram (Plate 1), the subdivision shall be divided into separate areas which have generally similar soil characteristics and generally similar slopes. Then the determination of soil type, pursuant to section 7-01-1335 of this Article, and the computation of the percentage of slope, pursuant to section 7-01-1340 of this Article, shall be computed separately for each of said areas and the Slope-Area Diagram (Plate 1) shall then be applied separately to each area to determine the lot size applicable within that area. If the entire subdivision has generally similar soil characteristics and slope, then the entire subdivision may be considered as a single area for the purpose of making such computations. If the Director of Planning determines that the subdivider is not making a proper division of the subdivision into areas, he may direct the subdivider to make a different division of areas.
The following definitions shall govern the use of the diagram set forth in section 7-01-1330 of this Article:
(a)
The term "acceptable soils" means soils having the following characteristics:
(1)
Percolation tests shall be performed in accordance with the Onsite Wastewater Management Guidance Manual.
(2)
A site evaluation shall determine that adequate soil depth is present in the effluent dispersal area. Separation of the bottom of the effluent dispersal system to impermeable soils or groundwater shall not be less than two (2) feet.
(3)
The area to be utilized for a disposal field shall not be subject to flooding or ponding by a ten (10) year flood or storm or of a greater magnitude.
(b)
The term "poor soils" means soils having the following characteristics:
(1)
Percolation test results in the effluent disposal area shall not be faster than one minute per inch (1 MPI) or slower than one hundred twenty minutes per inch (120 MPI). All percolation test rates shall be performed in accordance with the Onsite Wastewater Management Guidance Manual.
(2)
An average depth of soil less than (2) feet with inadequate soil structure, soil texture, or displaying evidence of saturation.
(c)
The term "questionable soils" means all soils which do not come within the definition of "acceptable soils" or "poor soils."
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
To determine the percentage of slope, for use in the diagram set forth in section 7-01-1330 of this Article, the contour measurement method shall be used. The following formula shall be used to determine the average terrain slope of a given area:
S | = | 2.29 x 10-3 IL | |
A |
S | = | Average slope of terrain in percent. |
A | = | Total number of acres in given area. |
L | = | Length of contour lines in scaled feet. |
I | = | Vertical distance of contour interval in feet. |
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
When a community sewage system is to be provided in a subdivision in a mountainous area, the minimum lot size may be reduced down to, but not beyond, the minimum lot area prescribed by Line No. 1 in the diagram set forth in section 7-01-1330 of this Article.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
For subdivisions which are not in mountainous areas, the lot sizes shall not be less than the minimums specified in the Zoning Ordinance and they shall comply with the minimum requirements in this section as well. The minimum lot area shall be one acre for parcels created where sewage disposal is provided by individual onsite systems. If both water and sewage disposal are provided by means of public systems, the minimum lot area shall be six thousand (6,000) square feet for interior lots and seven thousand (7,000) square feet for corner lots. These minimum lot areas are based on the subdivision having an adequate soil mantle depth and soil permeability, and larger lots shall be required when the subdivision does not meet any of these qualifications.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
(a)
The average width of each lot shall conform to the requirements of the Zoning Ordinance in zoned areas. If the average lot width is not specifically stated in the Zoning Ordinance, the average width of each interior residential lot shall be not less than sixty (60) feet and the average width of each corner residential lot shall be not less than seventy (70) feet.
(b)
The average depth of each residential lot shall be not less than one hundred (100) feet. The average depth of each residential lot shall be not more than one hundred fifty (150) feet if the area of the lot is less than eight thousand (8,000) square feet.
(c)
Each residential lot shall have a minimum of forty (40) feet frontage on a street.
(d)
In mountainous areas, the average lot width shall be at least one fourth (1/4) of the average lot depth. In all other areas, the average lot width shall be at least one-third (1/3) of the average lot depth. The requirements of this subsection shall not be applicable to any lot which is ten (10) acres or more in size.
(e)
Lots of the type commonly known as "panhandle," "flag" and "dumbbell" lots, and other lots with extreme variances in width or depth, shall not be permitted unless they are proper under subsection (a) of section 7-01-1325 of this Article. However, panhandle lots shall be allowed in mountainous areas if all of the following requirements are complied with:
(1)
One (1) or more of the side or rear lot lines, having a total length of fifty (50) feet or more, are adjacent to an area of open space, as defined in section 7-01-1080 of this Chapter, and said area of open space has a depth of at least three hundred (300) feet measured at right angles from an adjacent lot line.
(2)
The subdivider constructs a private access road on the panhandle portion of the lot, which need not be paved, having a minimum width of fifteen (15) feet if serving one (1) lot and a minimum width of twenty (20) feet if serving two (2) or more lots. If there is evidence of excessive clay soils and/or the proposed finished access road will have grades of fifteen percent (15%) or more, the subdivider shall construct a paved surface having a minimum width of ten (10) feet if serving one (1) lot and a minimum width of sixteen (16) feet if serving two (2) or more lots.
(3)
Additional fire hydrants will be installed by the subdivider, if found necessary by the County Fire Warden, to provide adequate fire protection to the panhandle lots.
(4)
Sufficient evidence is presented to the body that takes final action on the tentative map to establish to their satisfaction that there is no other practical way to develop or use the land involved and that, because of the nature of the topography or extreme irregularities in the boundaries of the subdivision, failure to allow the panhandle lot would deprive the subdivider of beneficial use of the property.
The side lines of lots shall run at right angles to the street upon which the lot faces, as far as practicable. However, in mountainous areas, the side lines of lots may be adjusted in order to provide adequate access to lots if approved by the Planning and Development Director.
(a)
Blocks shall not exceed one thousand three hundred twenty (1,320) feet in length except where necessitated by topographic or other physical conditions. Long blocks shall be provided adjacent to four lane streets in order to reduce the number of intersections.
(b)
The depth of blocks shall be sufficient to allow two (2) tiers of lots with rear easements as required, but blocks shall not exceed three hundred (300) feet in depth except where necessitated by topographic or other physical conditions.
(a)
If a subdivision adjoins a railroad right of way and the General Plan or the Zoning Ordinance designates the property for industrial use, the streets nearest to and having the same general alignment as the railroad shall be as nearly parallel thereto as practicable and at a sufficient distance therefrom to provide suitable depth for industrial sites between the street and the railroad.
(b)
If a subdivision adjoins a railroad and the street layout involves a railroad grade crossing, the possibility of a grade separation or other treatment shall be considered, and the plan of the subdivision may be required to conform to prescribed conditions in anticipation of a grade separation or other treatment.
(a)
The subdivider shall provide structures with storm sewers and drainage channels necessary for adequate drainage of surface and storm waters generated by the subdivision or flowing across the subdivision. Disposal of surface and storm waters into drainage wells, drainage lines or into leaching lines of individual sanitary sewage disposal systems shall not be permitted. Except in areas located within selected flood lines, the design of drainage facilities shall be based on the ten (10) year storm and approved by the Public Works Director prior to the commencement of construction.
(b)
If the subdivision is traversed by watercourses, channels, streams or creeks for which floodways or selected flood lines have not been established, the subdivider shall dedicate rights of way or easements for storm drainage purposes conforming substantially with the lines of such watercourses, channels, streams or creeks, if he has sufficient title to make such conveyances, and shall dedicate such additional rights of way as shall be required by the Public Works Director for structures or channel changes or both to dispose of surface and storm waters.
(c)
If all or a portion of the subdivision is located within the boundaries of a PD F, Planned Development Foothill Zone, established pursuant to the Zoning Ordinance, and the final geological-hydrological report indicates the presence of slopes in excess of fifteen percent (15%) and/or soils characterized by slow infiltration rates and high runoff potential, the subdivider shall provide drainage structures designed to detain the stormwater generated by the subdivision within the subdivision site in order to prevent potential erosion, sedimentation and flooding.
(a)
If it is not feasible to provide for an adequate system of drainage outside of the subdivision, a ponding lot or lots shall be required within the subdivision to provide for drainage of surface and storm waters generated in the subdivision or flowing across the subdivision. The ponding lot or lots shall be located adjacent to the probable route of any drainage facility that might be constructed in the future in order to facilitate connection to such drainage facility when it is constructed.
(b)
The area of the ponding lot or lots shall be established on the basis of one (1) subdivision lot for each twenty (20) lots in the subdivision if the subdivision lots average one half (1/2) acre or less in area, and one (1) lot for each thirty (30) lots in the subdivision if the subdivision lots average more than one half (1/2) acre in area. In determining the number of subdivision lots to be dedicated as a ponding lot or lots, the above computations shall be adjusted to the nearest full subdivision lot. The subdivision lot or lots provided shall have an area equal to or greater than the average area of all the lots in the subdivision.
(c)
Ponding lots shall have one and one half (1/2) feet of freeboard, a maximum water depth of three (3) feet and a water surface elevation of one half (1/2) foot below the grate flow line of the lowest catch basin in the system. Ponding lots shall be constructed in accordance with the improvement standards referred to in section 7-01-2025 of this Chapter.
(d)
The subdivider shall convey an easement to the County for the use of said ponding lot or lots, or he may convey fee title to the County if he prefers.
(a)
Fire Hydrants shall be provided in a subdivision if the lots are served by a community water system. The hydrants shall be designed and constructed in accordance with the standards for water systems referred to in section 7-01-2025 of this Chapter.
(b)
Fuel breaks and safety areas may be required by the body which takes final action on the tentative map, pursuant to section 7-01-1745 of this Chapter, in potential fire hazard regions, as designated by the County Fire Chief. Provision for adequate maintenance of fuel breaks and safety areas shall be provided by the subdivider prior to the approval of a final map.
(c)
Subdivisions located in potential fire hazard regions, as designated by the County Fire Chief, shall have two (2) access routes.
(d)
If a greenbelt or greenbelts are proposed as part of a subdivision, the greenbelt or greenbelts shall be located so as to serve as a separation area between wild land fuels and structures. The location of the greenbelt or greenbelts shall be approved by the Fire Chief.
(e)
If a subdivision is proposed in a State Responsibility Area and a fire hydrant or fire hydrants are not required, an approved water supply meeting the requirements of NFPA 1142 shall be provided.
(Amended by Ord. No. 3407, effective 6-3-10)
All lots within a subdivision shall be connected to a sanitary sewer system operated by a political subdivision if the trunk line or other access point is located within one thousand three hundred twenty (1,320) feet of any portion of the subdivision. Individually developed parcels shall be connected to a sanitary sewer system if the trunk line or other access point is located within two hundred (200) feet of any proposed building or exterior drainage facility. However, such connection to a sanitary sewer system shall not be required if the political subdivision will not allow the connection or if the political subdivision will not make satisfactory arrangements with the subdivider for reimbursement to the subdivider for additional connections to the sewer line by other property owners outside of the subdivision. If sewage disposal is to be provided pursuant to this section, the governing board controlling the sewer system shall submit a letter to the Planning and Development Director indicating the ability of the system to handle sewage from the subdivision and that satisfactory arrangements have been made with the subdivider for connection to the system.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
If connection to a sanitary sewer system is not required under section 7-01-1390 of this Article, provision shall be made for adequate sewage disposal by the installation of individual sewage disposal systems, such as septic tanks and effluent dispersal systems, unless the body taking final action on the tentative map determines that such a method of sewage disposal will not be adequate for the subdivision or would be in violation of the Subdivision Map Act. A letter shall be submitted by the County Health Department certifying that field investigation, and the tests and reports submitted by the subdivider, show that ground slopes and soil conditions will allow satisfactory sewage disposal by this method, with the lot arrangement and the sizes as set forth on the subdivision map. Individual sewage systems shall comply with all applicable provisions of Chapter 13 (commencing with section 4-13-1000) of Part IV of this Ordinance Code and, to protect water quality and public health, shall comply with the following setback requirements:
Table 7-01-1395 Minimum Required Setback Distances for OWTS | |||
|---|---|---|---|
Site Feature | Septic Tank | Dispersal Field | Seepage Pit |
Non-Public Water Supply Wells and Springs | 100 feet | 100 feet1 | 150 feet1 |
Public Water Supply Wells and Springs | 100 feet3 | 150 feet1, 2, 3, 10 | 150 feet1, 2, 3, 10 |
Property line adjoining private property (with domestic well) | 25 feet | 50 feet | 75 feet |
Property line adjoining private property (with municipal water) | 5 feet | 5 feet | 75 feet |
Watercourses: | |||
- General | 100 feet2, 10 | 100 feet2, 10 | 150 feet2, 10 |
- Between 1,200 to 2,500 feet from a Public Water System intake | 100 feet | 200 feet | 200 feet |
- Within 1,200 feet from a Public Water System intake | 100 feet | 400 feet | 400 feet |
Drainage way/swale, ephemeral streams, creeks, unlined irrigation ditch or canal, and other flowing or surface bodies of water | 100 feet4 | 100 feet4 | 150 feet4 |
Lakes, ponds, stormwater/recharge basins, and other surface water bodies | 100 feet | 200 feet | 200 feet |
Lined ditches, lined canals, lined watertight culverts | 15 feet | 15 feet | 15 feet |
Residential on-site stormwater basins | 15 feet | 15 feet | 15 feet |
Seepage Pits4 | 5 feet | 5 feet | 12 feet |
Dispersal field4 | 5 feet | 4 feet6 | 5 feet |
Cuts or steep embankments (from top of cut) | 10 feet | 4xh7, 8 | 4xh7, 8 |
Steep slopes (from break of slope) | 10 feet | 4xh7, 8 | 4xh7, 8 |
Unstable Land Mass9 | 100 feet | 100 feet | 100 feet |
1. | Drainage piping shall clear domestic water supply wells by not less than 50 feet. This distance shall be permitted to be reduced to not less than 25 feet where the drainage piping is constructed of materials approved for use within a building. |
2. | Where the effluent dispersal system is within 1,200 feet from a public water system’s surface water intake point, within the catchment of the drainage, and located such that it may impact water quality at the intake point such as upstream of the intake point for flowing water bodies, the dispersal system shall be no less than 400 feet from the high-water mark of the reservoir, lake or flowing water body. Where the effluent dispersal system is located more than 1,200 but less than 2,500 feet from a public water system’s surface water intake point, the dispersal system shall be no less than 200 feet from the high-water mark of the reservoir, lake, or flowing water body. |
3. | The horizontal separation distances are generally considered adequate where a significant layer of unsaturated, unconsolidated sediment less permeable than sand is encountered between ground surface and groundwater. These distances are based on present knowledge and past experience. Local conditions may require greater separation distances to ensure groundwater quality protection. |
4. | These minimum clear horizontal distances shall also apply between dispersal fields, seepage pits, and the mean high-tide line. |
5. | Where dispersal fields, seepage pits, or both are installed on sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be 15 feet. |
6. | Plus 2 feet for each additional 1 foot of depth in excess of 1 foot below the bottom of the drain line. |
7. | h equals the height of the cut or embankment, in feet. The required setback distance shall not be less than 25 feet nor more than 100 feet. |
8. | Steep slope is considered to be land with a slope of >30% and distinctly steeper (at least 20% steeper) than the slope of the adjacent tank or dispersal field area. |
9. | Unstable land mass or any areas subject to earth slides identified by a registered engineer or registered geologist; other setback distances are allowed, if recommended by a geotechnical report prepared by a qualified professional. |
10. | Where the dispersal system is greater than 20' in depth, and less than 600' from public water supply well, then the setback must be greater than the distance for two-year travel time of microbiological contaminants, as determined by qualified professional. In no case shall the setback be less than 200'. |
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
If connection to a sanitary sewer system is not required under section 7-01-1390 of this Article, and if the body which takes action on the final map determines that individual sewage disposal systems shall not be used pursuant to section 7-01-1395 of this Article, then the subdivider shall construct a community disposal system. Plans for such sewage systems shall be submitted to the County Health Department for approval. Construction shall not be commenced upon any such system until all portions of the system have been approved, in writing, by the County Health Department and until provision has been made for maintenance of the system after it is constructed.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
The Tulare County On-Site Wastewater Guidance Manual (Manual) shall govern the siting, design, installation, component quality, operation, monitoring, and maintenance of on-site wastewater systems in Tulare County. Copies of the Manual will be maintained and made available to the public at the RMA and EHD offices.
The Tulare County Manual shall be adopted by resolution of the Tulare County Board of Supervisors. The RMA, based on observed need, may propose modifications of the Manual. When changes are proposed to the Manual, the changes shall be presented to the Board for adoption by an amending resolution.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
Alternative dispersal systems are a type of system that utilizes a method of wastewater dispersal other than a standard effluent dispersal field in native soil. These systems may be permitted after approval of the design prepared by a State of California registered civil engineer, registered geologist, registered environmental health specialist, a certified soil scientist, or other approved professional. Any OWTS or component of an OWTS, except a septic tank or dosing tank, that performs additional wastewater treatment so that the effluent meets a predetermined performance requirement prior to discharge of effluent into the dispersal field shall not be approved.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
Provisions shall be made for providing an adequate and safe supply of water to all lots in the subdivision and no tentative subdivision map shall be approved unless there is assurance of such an adequate and safe supply of water. Subject to the requirements of sections 7-01-1420 and 7-01-1425 of this Article, water may be supplied by one of the following means:
(a)
Connection to a public utility, in which case a letter from the public utility company shall be submitted to the Planning Director indicating its ability to serve the proposed subdivision.
(b)
Establishment of a mutual or private water system subject to approval by the County Health Department of the quality and safety of the proposed water supply.
(c)
Service from individual wells or springs which have been approved by the County Health Department as to the quality and safety of the proposed supply.
The water systems shall be designed and installed in accordance with the standards referred to in section 7-01-2025 of this Chapter.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
(a)
If any lot in the subdivision is less than five (5) acres in size, and all or a portion of the subdivision is in a mountainous area, domestic water for the subdivision shall be supplied only by the means set forth in subsection (a) or in subsection (b) of section 7-01-1415 of this Article, and water shall not be supplied from individual wells or springs pursuant to subsection (c) of section 7-01-1415.
(b)
Regardless of the provisions of subsection (a) of this section, if any lot in the subdivision is less than ten (10) acres in size, and all or a portion of the subdivision is within the boundaries of the PD-F, Planned Development Foothill Zone, established pursuant to the Zoning Ordinance, domestic water for the subdivision shall be supplied only by the means set forth in subsection (a) or in subsection (b) of section 7-01-1415 of this Article.
(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)
The domestic water for subdivisions which are not in mountainous areas shall be supplied by the means set forth in subsection (a) or in subsection (b) of section 7-01-1415 of this Article. Domestic water may be supplied by means of wells or springs on individual lots only under the following circumstances:
(a)
If all of the lots in the subdivision are to be one (1) acre or more, water may be supplied from wells or springs on individual lots, pursuant to subsection (c) of section 7-01-1415 of this Article, if the body which takes final action on the tentative map, pursuant to section 7-01-1745 of this Chapter, finds, on evidence submitted by the subdivider and the County Health Department, that an adequate supply of potable water is available and can be obtained from wells or springs for all lots in the subdivision and, if individual sewage disposal systems will be used, that such individual sewage disposal systems will be located and constructed so as not to contaminate any existing or proposed well or any existing stream or underground water supply on the property to be subdivided or adjoining property.
(b)
If any of the lots in the subdivision are to be less than one (1) acre, water may be supplied from wells or springs on individual lots, pursuant to subsection (c) of section 7-01-1415 of this Article, only if sewage disposal is provided by a sanitary sewer system or a community disposal system pursuant to sections 7-01-1390 and 7-01-1400 of this Article, and if the body which takes final action on the tentative map finds, on evidence submitted by the subdivider and the County Health Department, that an adequate supply of potable water is available and can be obtained from wells or springs for all lots in the subdivision.
The tentative and final subdivision maps shall show the proposed location of easements for the placement of utilities where necessary to provide the subdivision with electric power, communication facilities, street lighting, sewer lines and gas lines. Such easements shall be labeled "Easements for Public Utilities."
In subdivisions where the electrical service will be underground, the subdivider may be required to provide ducts from the underground electrical wiring installed in the subdivision to places within the subdivision where street lights may be constructed at some future time. In determining whether a subdivider shall be required to construct any such ducts in the subdivision, the body taking final action on the tentative map shall only require such ducts to be constructed in those cases where it appears under Resolution No. 71-4871 of the Board of Supervisors that a street light will be needed at such location after houses have been constructed on some or all of the subdivision lots, and that the County will pay the cost of the electricity. The subdivider shall contact the utility company providing electricity to the subdivision to determine the duct size required, the location with respect to other underground facilities, the size of pull wire required and the method of capping the duct. The subdivider is not required to provide the electric service cable.
Waiver of rights of direct access to streets and highways may be required pursuant to the provisions of section 66476 of the Government Code of the State of California.
(a)
The subdivider shall provide one (1) street name sign at each intersection within the subdivision. The subdivider shall also provide such additional signs and traffic control devices as are required by the body approving the tentative map. The types and locations of all signs and traffic control devices shall be approved by the Public Works Director.
(b)
In mountainous areas where steep cut and fill slopes prevent parking off the paved portion of a road, if the Board of Supervisors adopts an ordinance prohibiting parking in such areas prior to the final acceptance of the subdivision improvements by said Board, the subdivider shall provide the signs required to designate such areas where parking is prohibited. The improvement plans shall indicate the specific areas where parking is to be prohibited. The type of signs and the locations shall be approved by the Public Works Director.
(c)
If the subdivider and Public Works Director mutually agree that the County shall furnish and install the signs and/or traffic control devices required by this section, the subdivider shall reimburse the County for the full cost of furnishing and installing such signs and/or traffic control devices.
(a)
When property is designated on the General Plan or by the Zoning Ordinance for commercial use, the plan of the subdivision shall be appropriate for such use. Streets shall have adequate capacity to handle the anticipated traffic that will utilize them. Insofar as possible, streets shall be laid out so that there will be direct access to the commercial area from Select System or Class 3 Roads without utilizing lesser streets or traversing residential areas. Lot areas and dimensions shall conform to the requirements of the Zoning Ordinance and shall be adequate to accommodate the yard spaces, off-street parking facilities and off-street loading facilities required by the Zoning Ordinance and such additional spaces and other service facilities as are needed for the type of use and development contemplated.
(b)
In accordance with Government Code section 66412.1(a), the financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction or existence of two or more commercial buildings on a single lot or parcel which property is designated in the General Plan or by the Zoning Ordinance for commercial use shall be exempt from the preliminary, tentative, and final subdivision and parcel map filing and processing procedures of this Chapter provided a Site Plan for the construction has been reviewed and approved by the Site Plan Review Committee pursuant to Section 16.2 of Tulare County Zoning Ordinance (Tulare County Ordinance No. 352 as amended). In order to qualify for this exemption, the Site Plan shall comply with all the design and improvement standards and conditions otherwise required for such maps by this Chapter, the applicable regulations of the Zoning Ordinance, and such other design and improvement standards as may be adopted from time by time by resolution of the Tulare County Planning Commission or Board of Supervisors.
(Amended by Ord. No. 3291, effective 12-9-03)
(a)
When property is designated on the General Plan or the Zoning Ordinance for industrial use, the plan of the subdivision shall be appropriate for such use. Streets shall be laid out so that there will be direct access to the industrial area from Select System or Class 3 Roads without utilizing lesser streets or traversing residential or commercial areas. Lot areas and dimensions shall conform with the requirements of the Zoning Ordinance and shall be adequate to accommodate the yard spaces, off-street parking facilities and off-street loading facilities required by the Zoning Ordinance and such additional spaces and other service facilities as are needed for the type of use and development contemplated.
(b)
In accordance with Government Code section 66412.1(a), the financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction or existence of two or more industrial buildings on a single lot or parcel which property is designated in the General Plan or by the Zoning Ordinance for industrial use shall be exempt from the preliminary, tentative, and final subdivision and parcel map filing and processing procedures of this Chapter provided a Site Plan for the construction has been reviewed and approved by the Site Plan Review Committee pursuant to Section 16.2 of Tulare County Zoning Ordinance (Tulare County Ordinance No. 352 as amended). In order to qualify for this exemption, the Site Plan shall comply with all the design and improvement standards and conditions otherwise required for such maps by this Chapter, the applicable regulations of the Zoning Ordinance, and such other design and improvement standards as may be adopted from time by time by resolution of the Tulare County Planning Commission or Board of Supervisors.
(Amended by Ord. No. 3291, effective 12-9-03)
If, in accordance with the provisions of the Zoning Ordinance, a use permit has been granted authorizing a planned unit development on the land or a portion of the land proposed to be subdivided, the plan of the subdivision shall be appropriate for the planned unit development. Exceptions to the subdivision regulations, which are necessary to make the planned unit development practicable may be authorized in accordance with the provisions of Article 19 of this Chapter.
Areas subject to slides or other similar hazards to public safety shall not be subdivided unless preventative measures have been taken by the subdivider, under the direction of an engineering geologist, soils scientist or registered civil engineer, which are satisfactory to the body which takes final action on the tentative map pursuant to section 7-01-1745 of this Chapter.
Areas which are located within a floodway or selected flood lines or which are otherwise subject to the ponding of surface water shall not be subdivided until one or more of the following measures have been taken to prevent such flooding or ponding:
(a)
If any portion of the subdivision is located within a floodway or selected flood lines, the subdivider shall provide flood control devices to divert flood waters from the areas in the subdivision to be developed and shall dedicate such rights of way or easements as may be required by the Tulare County Flood Control District for the disposal of flood water. The subdivider shall design the subdivision to insure that the conveyance capacities of the selected flood are not diminished or velocities increased and that public and private property damage by flooding, both to properties within and adjoining the subdivision, will be avoided.
(b)
All public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed to minimize flood damage.
(c)
Building pads may be required in order to assure that development within the subdivision conforms to the flood damage prevention requirements set forth in Chapter 27 of this Part. If building pads are required, the elevation certificates described in section 7-01-2035 shall also be required.
The County Public Works Director shall review measures taken or proposed to be taken by the subdivider to prevent flooding or ponding of surface water and shall file a report with the Planning and Development Director on the adequacy of such measures.
(a)
PURPOSE: Due to the increasing costs of energy for single family residences and the public benefit in developing alternative energy sources, the County desires to promote the public welfare by insuring that single families have access to residences using renewable energy resources. In addition, use of renewable energy sources as solar energy may assist in the reduction of greenhouse gas emission and can be considered for that purpose in any residential housing project review.
(b)
REQUIREMENTS: Solar photovoltaic systems (commonly known as solar panels) or alternative energy systems shall be installed on a specific percentage of single family residences in each new residential development proposed through a subdivision map application requiring County discretionary approval. A "single family residence" means a "dwelling, one family" as defined in the Tulare County Ordinance Code. The solar photovoltaic system or alternative energy system shall have a generation capacity to be determined on a project by project basis, but not less than 1.5kW (kilowatts) per dwelling. The kW value shall be based upon the manufacturer’s nameplate rating for the photovoltaic system/alternative energy system or other comparable measurement system as determined by the County. This requirement shall be imposed as a condition of approval by the final County decision-maker on the subdivision map application subject to this Chapter. If a map or tract is built in phases, this requirement shall be fulfilled for each phase. These systems or facilities shall comply with all other, relevant County regulations, including but not limited to any height or visibility restrictions unless exempted by state law. This requirement will be imposed according to the following sliding scale:
1)
Of fifty (50) units to one hundred forty nine (149) units, ten percent (10%) shall have solar photovoltaic or alternative energy systems.
2)
Of one hundred fifty (150) units to four hundred ninety nine (499) units, twenty percent (20%) shall have solar photovoltaic or alternative energy systems.
3)
Of five hundred (500) units or more, twenty-five percent (25%) shall have solar photovoltaic or alternative energy systems.
(c)
ALTERNATIVE ENERGY SYSTEMS: The Planning Commission or Board of Supervisors, whichever is the final decision making body considering the subdivision map application, may allow the use of alternative energy systems in place of the "solar photovoltaic systems" requirement contained in subsection (b), as a condition of map approval. Provided, however, that the County finds that the energy savings from such alternative energy systems will equal or exceed all the other requirements for solar photovoltaic systems contained in subsection (b). Alternative energy systems include, wind, geothermal, hydroelectric, biomethane, solar (including solar hot water heaters and solar thermal electric) or as otherwise defined as a renewable energy resource by the California Public Utilities Commission or the California Energy Commission. Such alternative systems shall comply with all other, relevant County regulations, including but not limited to any height or visibility restrictions unless exempted by state law.
(d)
EXEMPTIONS: This requirement shall not apply to parcel map applications or subdivision map applications proposing for any of the following types of development:
(e)
CENTRALIZED SOLAR AND ALTERNATIVE ENERGY SYSTEMS: Rather than installing solar photovoltaic systems or alternative energy systems on each individual single family residence, as provided by subsection (b), an applicant may elect to construct all or part of the solar energy facilities in a centralized location. Provided, however, that the centralized solar energy facilities or other centralized alternative energy systems will equal or exceed all the other requirements for solar photovoltaic systems contained in subsection (b). Subject to approval by the County, the map application would also have to provide for the perpetual operation and maintenance of the system for the life of the subdivision, and ensure that no cost is incurred by the County. An applicant may not utilize a centralized solar or alternative energy system which has been utilized as mitigation measure for a separate unrelated project or as part of California’s Renewable Portfolio standard to fulfill the requirements of this section. If a map or tract is built in phases, the solar energy system requirement shall be fulfilled prior to the sale of any lots in that phase. These systems or facilities shall comply with all other relevant County regulations, including but not limited to any height or visibility restrictions unless exempted by state law.
(f)
EXCEPTIONS: PRACTICAL DIFFICULTIES: The Planning Commission or Board of Supervisors, whichever is the final decision-making body considering the subdivision map application, may exempt development from this section upon finding that application of this section would be infeasible as that term is defined under the California Environmental Quality Act or a finding that application of this section would contravene state or federal law.
(Added by Ord. No. 3487, effective 12-17-15)
[1]
Code reviser’s note: Ord. 3487 adds this section as 7-01-1470. It has been editorially renumbered to avoid duplication.