as used in this Article, shall be as defined in section 66424 of the Government Code of the State of California except that this term shall also include divisions, as otherwise defined therein, which are for the purpose of conveyance of real property by gift.
The requirements and procedures set forth in this Article are supplemental to the Subdivision Map Act.
as used in this Article, means a parcel of land under one ownership which is used, or susceptible of being used, in accordance with the regulations of this Chapter and in accordance with the regulations of the applicable zoning ordinances of the County.
as used in this Article, means a contiguous area of land at the time of division, in one or a common ownership, any portion or all of which is proposed to be divided under this Article.
The term "forty (40) acres," as used in this Article, shall be deemed in every case to mean one sixteenth of a section of land if the section contains less than the usual six hundred forty (640) acres.
As used in this Article and in any other Article of this Part, which provides that such dedication shall not exceed the dedication required for parcel maps by this Article, "dedication of right of way" includes irrevocable offer of dedication. However, if immediate acceptance of the right of way is deemed by the Public Works Director to be necessary to accommodate construction of non deferred improvements required by this Chapter, including but not limited to curb and gutter, road widening and utility relocation, then "dedication of right of way" shall refer only to actual dedication of right of way.
Except as otherwise provided in this Article, the general requirements for approval of subdivisions for which tentative and final subdivision maps are required are equally applicable to parcel maps filed pursuant to this Article and any findings required shall be made by the Site Plan Review Committee.
Except as otherwise expressly provided, all of the provisions and requirements of this Article, including the requirements for dedications and improvements, shall be applicable to designated remainder parcels as well as to other lots included in a parcel map.
All lots to be created by the parcel map shall conform to all of the applicable zoning and building ordinances of the County and shall comply with all of the general requirements for lots in other subdivisions as set forth in this Chapter, except as otherwise set forth in this Article.
Notwithstanding the provisions of section 7-01-2195 of this Article, and except as otherwise provided in section 7-01-2210 of this Article, a parcel map may be approved even though one or more of the parcels to be created will not abut on or have direct access to a County road, provided that the original parcel prior to division has a minimum frontage of ninety six (96) feet abutting on an existing County road and the following requirements are complied with:
(a)
A private easement for vehicular access is in existence, or will be made available, to serve each parcel. Such private easement shall meet the requirements set forth in section 7-01-2230 of this Article.
(b)
The parcel, which abuts upon a County road and also on a private easement for vehicular access shall have a minimum width of seventy (70) feet and minimum depth of one hundred (100) feet exclusive of said easement or road right of way.
For those parcels, which will abut only on said private easement and will not abut on a County road, the applicant shall specify the side of the parcel that he deems to be the front of the parcel. All setbacks and other computations under this Chapter and other zoning and planning ordinances shall be based on this designation by the applicant.
Notwithstanding the provisions of section 7-01-2195 of this Article, and except as otherwise provided in section 7-01-2210 of this Article, a parcel map may be approved even though the original parcel does not have any frontage on a County road if a private easement for vehicular access is in existence, or will be made available, from every parcel to be created by the division of land to a County road. Such private easements shall meet the requirements set forth in section 7-01-2230 of this Article.
The provisions of sections 7-01-2200 and 7-01-2205 of this Article shall not apply to any parcel being created which is located within the boundaries of an urban improvement area, as established by the General Plan, as such boundaries exist at the time of approval of the tentative map. All lots created within any such urban improvement area shall have frontage on a County road.
Except as otherwise provided in this Article, the person applying for approval of a parcel map shall make all of the same dedications and improvements that are required under this Chapter for other subdivisions, and the improvement standards referred to in section 7-01-2025 of this Chapter shall be applicable to all such improvements. Such improvements shall include, but are not limited to, street improvements, domestic water supply and a sewage disposal system. However, no dedications or improvements shall be required with regard to any parcel to be created, which will have an area of ten (10) acres or more except as follows:
(a)
Private easements for vehicular access shall be improved in accordance with the requirements of this Article.
(b)
Dedication of right of way to the County for new roads shall be required in order to provide adequate access to the lots being created and the subdivider shall be required to improve such right of way dedicated to the County. This subsection does not require the subdivider to dedicate right of way to widen an existing County road.
When a person applying for approval of a parcel map is required to dedicate additional right of way to the County, and the original parcel is located only on one side of a County road, he shall be required to dedicate additional right of way which does not exceed one half (1/2) of the ultimate width of the right of way as specified for road classifications in the improvement standards which are referred to in section 7-01-2025 of the Ordinance Code. Said one half (1/2) of the ultimate width of the right of way shall be measured from the center line of the road as originally dedicated, except in the case where the original dedication was intended to be less than a full width street in which case the Public Works Director will determine the center line to be used as the basis for the additional dedication. The fact that more than one half (1/2) of the ultimate right of way of such road will come from the property being divided shall not be a basis for requiring a dedication of a wider parcel.
The person applying for approval of a parcel map shall not be required to remove existing improvements such as buildings, pumps and other structures or facilities from right of way which is dedicated to the County for road purposes pursuant to the Article prior to making the dedication, and such improvements may remain until road construction work requires that they be removed. In those cases, where the County rather than a private person, is required to perform the road construction work, the County shall be entitled to remove and dispose of said existing improvements at such time as it desires to perform work within such right of way, without any payment to the grantor or his successors in interest for such improvements. The Public Works Director shall, at least sixty (60) days prior to removal of said improvements, send a written notice of intention to remove said improvements to the owner of said improvements as shown on the last equalized assessment roll.
(a)
Unless provided otherwise in the General Plan, any specific plan, or the improvement standards of Tulare County, referred by Section 7-01-2025 of this Ordinance, the minimum easement width and pavement width for private easements for vehicular access shall be as follows:
(1)
Number of parcels to be served which do not have the required minimum frontage on a County maintained road:
Number | Easement Width | Pavement Width |
|---|---|---|
1 | 18’ | 10’ |
2 | 18’ | 16’ |
3 | 20’ | 18’ |
4 | 26’ | 20’ |
(2)
Notwithstanding (1) above, any private road serving two parcels in a State Responsibility Area shall have a minimum easement width of twenty (20) feet and a minimum pavement width of eighteen (18) feet.
(3)
If more than four (4) parcels will be served which do not have the minimum required frontage on a County maintained road, the easement and pavement width shall be the same as set forth in the standards referred to in Section 7-01-2025 of this Chapter for the category of County road that it would be classified if it were being dedicated to the County.
(b)
Instead of paving a private easement for vehicular access, a graded travel way, which is the same width as the pavement width set forth in subsection (a) above, may be provided if all of the following requirements are met:
(1)
Four (4) or less parcels will be served, each of which is forty (40) acres or more in area, or only one (1) or two (2) parcels will be served regardless of their size.
(2)
The road to be graded is an existing easement for access to the parcels being created and has been in existence for five (5) years or more.
(c)
The maximum length of private easements for vehicular access, when they constitute cul de sacs or dead end streets, shall be as follows:
(1)
If any parcel created, which does not have the required minimum frontage on a County maintained road, is less than ten (10) acres in area, the length of the easement shall not exceed one thousand (1,000) feet in mountainous areas and six hundred sixty (660) feet in nonmountainous areas.
(2)
If all parcels created, which do not have the required minimum frontage on a County maintained road, are ten (10) acres or more in area, including any portion of the parcel subject to an easement for vehicular access, the length of the easement shall not exceed one thousand three hundred twenty (1,320) feet in mountainous areas and eight hundred (800) feet in nonmountainous areas.
(d)
When improvements are required by this section for private easements for vehicular access, said improvements shall be constructed in conformity with the standards referred to in section 7-01-2025 of this Chapter, including any modifications thereof by the Site Plan Review Committee made to ensure conformity with the General Plan or approved through the exception procedure set forth in Article 19 of this Chapter.
(e)
When required by Section 7-01-1300 of this Chapter, the subdivider shall make provision for the future maintenance and repair of all private easements for vehicular access required by this Article. Evidence of such provision shall be provided to the County at the time of filing the final map in the manner set forth in subsection (e) of Section 7-01-1960 of this Chapter except that if waiver of the filing of a final map is requested by the subdivider, such evidence shall be filed prior to approval of the waiver by the Site Plan Review Committee.
In any case where a person applying for approval of a parcel map proposes that a private easement for vehicular access serve as the means of access to a parcel, in accordance with sections 7-01-2200, 7-01-2205 and 7-01-2230 of this Article, he shall also make an irrevocable offer to dedicate a County road over the same alignment. Such irrevocable offer shall be made when an existing private easement is to serve as access as well as when a new private easement is being created. Such offer of dedication of a County road shall be for a road width, which meets the requirements and standards established for subdivisions for which final subdivision maps are required. Such offer of dedication will not be accepted by the Board of Supervisors until such time as it appears necessary or desirable to have a County road at that location. The person applying for approval of a parcel map shall only be required to make improvements in accordance with the requirements for private easements for vehicular access rather than the standards for County roads. The form of such offer to dedicate shall comply with the provisions of section 7-01-2425 of this Article. The provisions of section 7-01-2225 of this Article shall be applicable to any improvements located on the property, which is subject to the offer to dedicate after the offer to dedicate has been accepted. If, in any case, the Public Works Director determines that it would not be beneficial for the County, or a city that might be the successor in interest to the County, to have a public road at such a location, he may waive such an offer to dedicate.
Fire hydrants may be required in the area being divided if the lots are served by a community water system and if the County Fire Chief so recommends. Fire hydrants shall be designed and installed in accordance with the standards referred to in section 7-01-2025 of this Chapter, Appendixes B and C of the 2007 California Fire Code and National Fire Protection Association (NFPA) 1142, 2007 Edition.
(Amended by Ord. No. 3407, effective 6-3-10)
In cases where individual sewage systems are proposed in mountainous areas, the lots shall be deemed to be in the "poor soils" category as defined in section 7-01-1335 of this Chapter and the minimum lot sizes shall be as indicated for "poor soils" on the Slope/Area Diagram contained in section 7-01-1330 of this Chapter. Reclassification of the soils category to "questionable" or "acceptable soils" may be approved by the Site Plan Review Committee provided substantiating technical data, prepared by a registered engineering geologist, registered geologist or a registered civil engineer, has been submitted by the applicant.
Curbs and gutters shall be required on all lots created by the parcel map fronting on County roads, except for any lot that comes within any of the following exceptions:
(a)
Any lot containing more than two and one half (2 1/2) acres.
(b)
Any lot located in a mountainous area.
(c)
Any lot located outside of the urban improvement areas established by the General Plan.
If a lot has more than two hundred (200) feet of frontage on a County road, then two hundred (200) lineal feet of curbs and gutters shall be provided on the County road at the location designated by the Site Plan Review Committee. On lots that have frontage on more than one County road, curbs and gutters shall be provided on each road and a maximum of two hundred (200) lineal feet of curbs and gutters are required on each road.
Regardless of the provisions of section 7-01-1240 of this Chapter, sidewalks shall not be required to be provided except under the same circumstances and in the same locations where curbs and gutters are required to be constructed under section 7-01-2250 of this Article. However, if curbs and gutters are already in existence, then sidewalks shall be required in accordance with section 7-01-1240 of this Chapter.
Utility easements for the location of overhead or underground utilities shall be required at such locations as may be necessary to provide the lots to be created with electric power, sewer lines, gas lines, street lighting and communications.
Areas, which are located within a floodway or selected flood lines or which are otherwise subject to ponding of surface water shall not be divided under this Article unless they come within one or more of the following provisions:
(a)
The parcels to be created each have sufficient area which is not subject or flooding or ponding to provide an adequate area for any intended residences, commercial or industrial structures, or other buildings or structures proposed to be constructed on each parcel, including individual wells and/or sewage disposal systems needed in connection with such structures.
(b)
The purpose of the parcel map proceeding is to convey or lease land to an abutting property owner for the purpose of enlarging his parcel.
(c)
The owner is willing to take necessary measures to prevent the flooding or ponding as provided in Section 7-01-1470 of this Chapter. The County Public Works Director shall review the measures proposed to be taken to prevent flooding or ponding and shall report to the Site Plan Review Committee on the adequacy of such measures. If the owner is required to grade building pads or fill the site above the elevation of the selected flood, the certificate required in Section 7-01-2035 shall also be required.
(d)
All of the parcels being created are already completely developed with residential, commercial or industrial structures and there is no evidence of present intent to build other structures on the property.
Areas which are subject to slides or other similar hazards to public safety shall not be divided under this Article unless they come within one or more of the following provisions:
(a)
The parcels to be created each have sufficient area which is not subject to slides or other similar hazards to provide an adequate area for any intended residences, commercial or industrial structures, or other buildings or structures proposed to be constructed on each parcel.
(b)
The purpose of the parcel map proceeding is to convey or lease land to an abutting property owner for the purpose of enlarging his parcel.
(c)
The owner is willing to take necessary measures to prevent such slides or other similar hazards, under the direction of a registered engineering geologist, soils scientist or registered civil engineer.
(d)
All of the parcels being created are already completely developed with residential, commercial or industrial structures and there is no evidence of present intent to build other structures on the property.
Prior to submitting a tentative parcel map, a subdivider shall submit a preliminary map of the subdivision to the Planning and Development Director in accordance with Article 7 of this Chapter, if the subdivision comes within any of the following categories:
(a)
All or a portion of the proposed subdivision is located within the boundaries of a zone, established pursuant to the Zoning Ordinance, which requires a site plan review for parcel maps.
(a)
A tentative parcel map is required for all subdivisions for which a parcel map is required by the Subdivision Map Act. The tentative parcel map shall be delivered to the Planning and Development Director prior to the completion of final surveys of streets and lots and before any grading or construction work is begun.
(b)
Twelve (12) copies of the tentative parcel map shall be delivered to the Planning and Development Director.
(c)
At the time of delivering the tentative parcel map, the applicant shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter to defray the expenses incidental to processing the map.
(d)
The tentative parcel map shall not be deemed to be filed until the Planning and Development Director has made the review authorized by section 65943 of the Government Code of the State of California and has determined whether the map and accompanying documents are complete. When the Planning and Development Director has determined that said map and documents are complete, and transmitted the written notice that the map and documents are complete, or when the thirty (30) day period has expired, all as set forth in said section 65943, the tentative parcel map shall be deemed to be filed. If the Planning and Development Director notifies the subdivider that the map and documents are not complete, the tentative parcel map shall not be deemed to be filed until the Planning and Development Director determines that all information required by the notice has been provided by the subdivider.
(e)
Notwithstanding the provisions of subsection (d) of this section, the tentative parcel map shall not be deemed to be filed for the purposes of section 7-01-2315 of this Article until the environmental documentation required by the Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) have been completed in accordance with the Tulare County Guidelines for implementing said Act.
The tentative parcel map shall be legibly drawn, in pencil or ink, and shall use a decimal or an engineer’s scale of not less than one (1) inch equals one hundred (100) feet unless the Planning and Development Director determines that a different scale will be adequate and appropriate for the tentative map. The size of each sheet shall be eleven (11) by seventeen (17) inches unless a larger sheet is required in which event sheets, which are eighteen (18) by twenty six (26) inches, shall be used. The tentative map shall clearly show the following information:
(a)
The dimensions and boundaries of the original parcel, with a legal description of the original parcel attached to the map.
(b)
The dimensions, computed area and boundaries of each parcel to be created.
(c)
All existing surface and underground structures and improvements located on the original parcel together with the exterior dimensions of said structures and improvements, the distance between structures and improvements, the number of stories or the height of each structure and the distance from the structures and improvements to the boundary lines of the lots which are to be created by the proposed division of land.
(d)
The names, locations and widths of all existing and proposed streets abutting the original parcel.
(e)
The location, purpose and width of all existing and proposed easements and the names of the owners and proposed owners of the easements. Easement boundaries shall be shown by means of a dotted line.
(f)
Sufficient elevations and contours to determine the general slope of the land and the high and low points thereof shall be shown. If the natural ground slope exceeds twenty percent (20%), contours shall be shown at a minimum of ten (10) foot intervals; provided, however, that if the parcels being created total forty (40) acres or more, contour data from United States Coast and Geodetic Surveys may be submitted instead. Bluffs, knolls, rock outcroppings or other significant characteristics of the terrain, which may have an effect on lot design or installation of improvements shall be shown and properly labeled.
(g)
Approximate locations of all areas subject to flooding or ponding of surface water, the location, width and direction of flow of all watercourses and the location of floodways and/or selected flood lines. The elevation of the base flood shall also be provided for any parcel, which is less than five (5) acres in size.
(h)
Existing use or uses of the property.
(i)
Proposed use of the property and, if property is proposed to be used for more than one purpose, the areas proposed for each type of use.
(j)
Statement of the improvements and public utilities proposed to be made or installed and the time at which such improvements are proposed to be completed.
(k)
North point, scale and date of preparation.
(l)
Provisions for sewage disposal.
(m)
The proposed water supply. If water is to be furnished from a source other than from wells or springs within the individual lot or lots, a letter from the utility company which will serve the lots shall accompany the plat stating that adequate water is available and can be furnished to each lot.
(n)
The names, addresses and telephone numbers of the property owners, the person filing the map, and the registered civil engineer or licensed land surveyor, if any, who prepared the map.
(o)
The names and addresses of all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the tentative parcel map.
(p)
If a vesting tentative parcel map is to be filed, it shall be accompanied by such additional information, plans and documents as may be required by the Site Plan Review Committee in its report on the design conference for the preliminary parcel map required by Section 7-01-1635 of this Chapter. In addition, a vesting tentative parcel map shall show thereon the same information required for vesting tentative maps in Section 7-01-1710 of this Chapter.
(q)
Such other information as the Planning and Development Director determines is necessary for the Site Plan Review Committee to properly consider the proposed division of land.
(a)
Unless a preliminary map is required by section 7-01-2280 of this Article, the tentative parcel map shall be accompanied by six (6) copies of a preliminary geological hydrological report, which complies with the requirements of section 7-01-1610 of this Chapter. In those cases where a preliminary parcel map was filed pursuant to section 7-01-2280, and the Site Plan Review Committee so requires, the tentative parcel map shall be accompanied by six (6) copies of a final geological hydrological report, which complies with the requirements of section 7-01-1725 of this Chapter.
(b)
If the Planning and Development Director determines, at the time the tentative parcel map is filed, that sufficient accurate information is already available with regard to any or all of the matters to be covered in the preliminary geological hydrological report, he may waive a report on such matters.
(c)
If, after reviewing the preliminary geological hydrological report, the Site Plan Review Committee determines that further information is necessary to properly evaluate any or all of the matters contained in the preliminary report, the Site Plan Review Committee may require the preparation and filing of a final geological-hydrological report covering such matters. Such final report shall comply with the requirements of section 7-01-1725 of this Chapter. Determination as to the location and number of test wells for a parcel map shall be made by the Site Plan Review Committee following the same procedures specified in section 7-01-1725 to be followed by the Planning and Development Director for other subdivisions. If such a final report is required after the filing of the tentative parcel map, the deadline for taking action on the tentative parcel map is extended until ten (10) days after such report is filed with the Site Plan Review Committee.
At the time of filing a preliminary or final geological-hydrological report the subdivider shall pay the initial fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of the County Health Officer in reviewing the report. The County Health Officer shall keep accurate records of the actual costs associated with the review. Upon completion of the review and approval of the report, the Health Officer shall bill the subdivider for the actual costs of the review in excess of the initial fee and the subdivider shall pay the cost thereof to the Health Officer. The Site Plan Review Committee shall withhold action on the tentative parcel map pursuant to Section 7-01-2320 of this Article until the fee for the Health Officer’s review of the preliminary or final geological hydrological report is paid.
At least ten (10) days prior to the hearing before the Site Plan Review Committee on the tentative parcel map, the Planning and Development Director shall publish and give notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California.
(a)
If a school district in which the proposed subdivision is located has made the findings specified in Section 7-21-1015 of this Ordinance Code and the Board of Supervisors has concurred in such findings and determined the fees payable by a developer in accordance with Sections 7-21-1020 and 7-21-1040 of this Code, the Site Plan Review Committee shall not approve the tentative parcel map without finding that the fees previously determined by the Board are required, and imposing such fees as a condition of approval.
The Site Plan Review Committee shall hold its public hearing and review and approve, conditionally approve or disapprove the tentative parcel map within thirty (30) days after the date of filing with the Planning and Development Director. The date of filing the tentative parcel map shall be determined in accordance with section 7-01-2285 of this Article. Said time limits may be extended by mutual consent of the Site Plan Review Committee and the applicant.
(a)
The Site Plan Review Committee established pursuant to Section 16.2 of the Zoning Ordinance is hereby authorized to approve, conditionally approve or disapprove tentative parcel maps.
(b)
If the Site Plan Review Committee determines that the tentative parcel map complies with all of the provisions of this Article, it shall approve the map.
(c)
If the tentative parcel map fails to meet one or more requirements set forth in this Article, the Site Plan Review Committee may approve the map subject to such conditions as may be necessary to conform to such requirements.
(d)
When approving or conditionally approving a tentative parcel map, the Site Plan Review Committee shall specify the dedications and improvements to be made by the subdivider.
(e)
Within seven (7) days after the action by the Site Plan Review Committee, written notice of the action by the Committee shall be mailed to the subdivider. If the subdivider is not the owner, a copy of the written notice shall also be mailed to the owner.
(f)
Upon approval of the tentative parcel map by the Site Plan Review Committee, the tentative parcel map shall be so marked and all conditions of approval and required dedications and improvements clearly specified on or with the map. Copies of the approved tentative parcel map shall be filed with the Planning and Development Director, the County Health Department and the County Public Works Director. If the tentative parcel map is a vesting tentative parcel map, a copy of the approved map shall also be filed with the Board of Supervisors.
Pursuant to section 66473 of the Government Code of the State of California, the Site Plan Review Committee shall not disapprove a tentative parcel map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if the Committee determines that the failure of the map is a result of a technical or inadvertent error which does not, in the determination of the Committee, materially affect the validity of the map. A decision by the Committee on such a matter is subject to an appeal to the Board of Supervisors pursuant to section 7-01-2350 of this Article.
At the time of action on the tentative parcel map, the Site Plan Review Committee shall attempt to negotiate an agreement with the subdivider for the construction of required offsite and onsite improvements pursuant to sections 66411.1 and/or 66424.6 of the Government Code of the State of California. If such an agreement cannot be reached, the Site Plan Review Committee may nonetheless determine that such improvements are to be required within a reasonable time following the approval of the final parcel map on the grounds specified in said sections 66411.1 and/or 66424.6.
When the construction of an offsite improvement or an improvement which serves or is located on more than one parcel is being deferred, the Site Plan Review Committee may require the subdivider to enter into an agreement with the County specifying that the owners of certain parcels shall construct such deferred improvement, and any other terms and conditions which are necessary to effectively carry out the deferred improvement and which are fair and equitable to the subsequent owners of the several parcels.
In determining whether to approve or disapprove a tentative parcel map, the Site Plan Review Committee shall determine if the siting criteria for specified hazardous waste facilities established in Sections 7.2 and 7.3 of the Tulare County Hazardous Waste Management Plan are applicable to the subdivision. If the siting criteria are applicable, the tentative parcel map shall not be approved unless the Site Plan Review Committee finds, based upon substantial evidence in the record, that the subdivision is consistent with said siting criteria.
(a)
Except as herein provided, all appeals regarding tentative parcel maps shall be subject to the provisions of section 165 of the Ordinance Code.
(b)
In accordance with section 66452.5 of the Government Code of the State of California, a subdivider or any other interested person adversely affected by a decision of the Site Plan Review Committee may appeal to the Board of Supervisors. Such an appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the Committee from which the appeal is being taken. The action of the Committee shall be final unless such an appeal is filed within said ten (10) day period.
(c)
Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. The Clerk of the Board of Supervisors shall notify the appellant, the subdivider if he or she is not the appellant, and the Planning and Development Director of the time set for the hearing. Notice of the hearing shall also be given by the Clerk of the Board of Supervisors in the same manner as that required for hearing before the Site Plan Review Committee.
(d)
Following the conclusion of the hearing, the Board of Supervisors shall render its decision on the appeal within the time provided in section 66452.5 of the Government Code of the State of California. The decision shall comply with the provisions of sections 66473, 66473.5 and 66474 of the Government Code and shall include any findings required by such sections, and such other findings as are appropriate. The Board of Supervisors may sustain, modify, reject or overrule any rulings of the Site Plan Review Committee.
Major and minor revisions in the approved tentative map may be made pursuant to the procedure set forth in Article 11 (commencing with section 7-01-1865) of this Chapter.
The requirements of this Article for the filing and approval of a final parcel map may be waived by the Site Plan Review Committee if the property to be divided comes within any of the following categories:
(a)
Any parcel or parcels of land to be divided into four (4) or less parcels, each of a gross area of ten (10) acres or more.
(b)
Any parcel or parcels of land to be divided into parcels, each of a gross area of forty (40) acres or more.
(c)
Any parcel of land which is being divided into two (2) parcels, regardless of size, when the original parcel has frontage on an existing public road and no portion of the parcel is located within the Urban Area Boundary of a city or unincorporated area as established by the Urban Boundaries Element of the General Plan.
(d)
Any parcel which is being divided for the sole purpose of conveying property to an adjoining property owner.
The subdivider may file an application for a waiver of the final parcel map with the Planning and Development Director at the time of filing the tentative map; provided, however, that in no case may an application for waiver be filed in conjunction with a vesting tentative map. The Planning and Development Director shall prescribe the form of the application for such a waiver. The application shall be accompanied by the applicable fee set forth in Article 5 of this Chapter to defray the expenses of processing the application.
(a)
At the same time that it takes action on the tentative parcel map, the Site Plan Review Committee shall also act on the application for a waiver of the requirement that a final map be filed and approved. The Site Plan Review Committee shall approve the waiver only if it finds that the proposed division of land complies with all requirements of the Subdivision Map Act and this Chapter as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and all other requirements of State law and this Chapter with regard to a subdivision of the type proposed. In all other cases the Site Plan Review Committee shall disapprove the application for waiver. The Site Plan Review Committee shall give the applicant written notice of its action on his application for a waiver and, if the application is disapproved, advise him of the reasons for disapproval.
(b)
The waiver shall not be effective until the Site Plan Review Committee causes to be filed for record a copy of the resolution of said Committee approving the tentative parcel map and waiving the requirements for the filing and approval of a final parcel map, in accordance with section 66411.1 of the Government Code of the State of California. The resolution shall contain a legal description of each parcel shown on the tentative parcel map approved by the Committee. Said resolution shall not be recorded until the appeal period specified in section 7-01-2350 of this Article has expired without an appeal having been filed and, if an appeal is filed, said resolution shall not be recorded until the termination of the appeal proceedings.
(c)
Whenever property included in a tentative parcel map for which a waiver of final parcel map is requested is subject to a lien for taxes or special assessments which are not payable, the Committee Resolution identified in paragraph (b) above shall not be recorded until the owner or subdivider executes and files with the Clerk of the Board of Supervisors the same security for the payment of said taxes and special assessments as is required for final maps and parcel maps pursuant to section 66492 and 66493 of the Government Code of the State of California. Said security shall be held, applied and released in full compliance with the procedures applicable to such maps under section 66494 of the Government Code of the State of California.
If a requested waiver of the final parcel map is disapproved by the Site Plan Review Committee, the applicant may appeal to the Board of Supervisors within the time limits and pursuant to all of the same procedures and requirements set forth in section 7-01-2350 of this Article. After the hearing, the Board of Supervisors may affirm or reverse the action of the Site Plan Review Committee.
(a)
The time limits for an approved or conditionally approved tentative parcel map shall be the same as set forth in section 66463.5(a) of the Government Code of the State of California; provided, however, that the provisions of said section 66463.5(a), as amended by Chapter 923 of the Statutes of 1982, shall be fully applicable to any tentative parcel map which was approved or conditionally approved prior to January 1, 1982, provided that such maps have not expired before said date.
(b)
The initial time limits for the rights conferred by an approved vesting tentative parcel map as provided by Chapter 4.5 (commencing with section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California shall be the same as set forth in subsection (a) of this section for approved tentative parcel maps. This initial time limit may be extended in the manner provided for approved tentative parcel maps in Section 7-01-2380 of this Chapter, but in no case shall exceed one (1) year beyond the recording of a parcel map unless more time is authorized pursuant to subdivisions (g) and (h) of section 66452.6 of the Government Code.
If the subdivider requests an extension of time for the expiration of an approved tentative parcel map, pursuant to section 66463.5 of the Government Code of the State of California, the applicable filing fee set forth in Article 5 of this Chapter shall be paid to the Planning and Development Director to defray the expenses incidental to processing the request.
The final parcel map shall be prepared in accordance with the approved tentative parcel map and the Subdivision Map Act by a registered civil engineer or licensed land surveyor and shall be filed with the Public Works Director. At the time of filing the final parcel map, the applicant shall pay the applicable fee set forth in Article 5 of this Chapter to defray the expenses of checking the map. Within twenty (20) calendar days after receipt of the final parcel map, or within such additional time as may be reasonably necessary, the Public Works Director shall examine it for the survey information shown thereon, and if he is satisfied that it is technically correct, he shall sign the appropriate certificate on the map.
Pursuant to section 66473 of the Government Code of the State of California, the Public Works Director shall not disapprove a final parcel map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if he determines that the failure of the map is a result of a technical or inadvertent error which does not, in his determination, materially affect the validity of the final parcel map.
When the parcel map has not been waived pursuant to section 7-01-2360 of this Article, the parcel map shall be based on a field survey of the land conducted in accordance with the Land Surveyor’s Act of the State of California, except for a designated remainder parcel which is exempted from such survey requirements by section 66445 of the Government Code of the State of California.
Monuments for the property included in the final parcel map shall be set in accordance with section 7-01-1985 of this Chapter and sections 66495-66498 of the Government Code of the State of California.
In addition to providing the information required by State law, the final parcel map shall contain the following information:
(a)
Each parcel shall be consecutively numbered.
(b)
Each parcel shall have its area shown to the nearest one hundredth (0.01) of an acre.
(c)
The exterior boundary of the land included within the new parcel or parcels being created shall be indicated by a blue colored border one eighth (1/8) of an inch in width.
(d)
The parcel map number and name, if any, and date of preparation.
(e)
The net dimensions of each lot. No ditto marks shall be used.
(f)
The names, locations and right of way widths of all abutting public streets.
(g)
The proposed location, purpose and width of all proposed public roads and private access easements.
(h)
The boundaries of any private easement, whether an easement of record or a prescriptive easement, shall be shown by means of a dotted line and the name of the person owning the easement shall be shown on the map.
(i)
Location and widths of easements for public utilities, if required.
(j)
The location and widths of easements for drainage facilities and watercourses, if required.
(k)
A North point and graphic scale.
(l)
Location or vicinity map at a minimum scale of one (1) inch equals one (1) mile.
(m)
Names and addresses of the owners of the property being divided.
(n)
A notation of reference to the additional information required in Section 7-01-2415 of this Article.
(o)
Any additional information which, in the judgment of the body which took final action of the tentative parcel map, affects record title interests shall be shown on the final map.
Subsection (f) of section 66445 of the Government Code of the State of California allows the subdivider to execute a certificate consenting to the preparation and recordation of a final parcel map under certain circumstances. In such a case, if the subdivider does not have record title ownership interest in the property, the subdivider shall provide the Public Works Director with satisfactory evidence that the persons with record title ownership have consented to the proposed division of land.
In accordance with section 66434.2 of the Government Code, the following information shall be filed or recorded simultaneously with the final parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness of sufficiency of those records or reports by the preparer of the document or additional map sheet.
(a)
Locations and widths of drainage channels, watercourses, selected flood lines and proposed flood control works.
(b)
Building setback lines, if required by the body, which took final action on the tentative parcel map.
(c)
If a final geological hydrological report and/or a soil investigation report has been prepared, this fact shall be noted, together with the date of the report, the name of the registered civil engineer or geologist making the report, and the location where the report is on file.
(d)
Any additional information which was required to be filed or recorded with the final parcel map by the body which took final action on the tentative parcel map and which does not affect record title interests.
(a)
All parcels of land shown on the final map as intended for public use shall be offered for dedication for public use at the time the final parcel map is submitted to the Public Works Director except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants.
(b)
All streets, alleys, pedestrian ways, drainage channels, flood control works, easements and other rights of way shown on the final parcel map as intended for public use, except easements for those public utilities regulated by the Public Utilities Commission of the State of California, shall be offered for dedication for public use at the time the final parcel map is submitted to the Public Works Director.
(c)
All rights of access to and from streets, lots and parcels of land shown on the final parcel map which are intended to be surrendered shall be offered for dedication at the time the final parcel map is submitted to the Public Works Director.
When the owner has been required by the Site Plan Review Committee to dedicate or to offer to dedicate property to the County, or the owner desires to make dedications which have not been required, such dedications and offers to dedicate shall ordinarily be made by a certificate on the final parcel map. If the Public Works Director determines that because of the length of the dedication or offer to dedicate, or for other good and sufficient reason, that the dedication or offer to dedicate may be made by a separate instrument accompanying the parcel map, the owner may provide the separate instrument. An offer to dedicate shall be in a form approved by the County Counsel and shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest, and said offer of dedication shall continue until it has been accepted or rejected. When the owner is required to make improvements on property to be dedicated to the County, the dedication, shall be deemed to be completed, only upon the satisfactory completion of such improvements and acceptance of the improvements by the Board of Supervisors.
Pursuant to section 66463 of the Government Code of the State of California, the Public Works Director is hereby authorized to accept or reject dedications and offers of dedication that are made by certificate on the final parcel map. He shall execute a certificate on the final parcel map stating his action.
(a)
The subdivider shall pay the applicable fee set forth in Article 5 of this Chapter to cover the expense to the County of checking the plans for all improvements required by the County pursuant to this Article and the expense of inspecting the construction of such improvements. The fee shall be based on the estimated total cost of constructing such improvements.
(b)
Said fee shall be paid to the Public Works Director at the time of filing the final parcel map for approval. The estimate of the cost shall be made by the Public Works Director based upon the current cost of similar work performed within the general area where the improvements are to be constructed. If the parcel map is withdrawn or a reversion to acreage map is recorded, the unexpended portion of said fee shall be refunded upon receipt by the Public Works Director of a written application from the subdivider.
If the required improvements, including construction of private easements for vehicular access, have not been completed at the time when the final parcel map is submitted to the Public Works Director, the final parcel map shall not be approved until the subdivider has entered into an agreement with the Board of Supervisors to complete all of the said improvements if:
(a)
The subdivider has agreed with the Site Plan Review Committee that he will enter into an agreement with the County to construct said improvements, as specified in section 7-01-2330 of this Article; or
(b)
The Site Plan Review Committee has determined that construction of such improvements is to be required within a reasonable time following approval of the final parcel map, as specified in section 7-01-2330 of this Article and sections 66411.1 and/or 66424.6 of the Government Code of the State of California.
Said agreement shall be subject to all of the provisions of this Chapter governing such agreements for other subdivisions. In addition, the subdivider shall provide security to guarantee the County the completion of said improvements and said security shall be in the same form, and subject to all of the same conditions, restrictions and other provisions applicable to the similar security required for other subdivisions under this Chapter.
The Board of Supervisors may, by resolution, authorize the Public Works Director and duly authorized employees in his office, to execute, on behalf of the County, the agreement for improvements referred to in section 7-01-2440 of this Article. The Board of Supervisors shall approve a form agreement, which the Public Works Director shall use for this purpose.
When the subdivider is not required, and is not willing, to enter into an agreement for the construction of improvements pursuant to section 7-01-2440 of this Article and sections 66411.1 and/or 66424.6 of the Government Code of the State of California, the construction of said improvements will be deferred and section 7-15-1940 et seq. of this Ordinance Code shall govern the construction of said improvements at a later date. Any agreement entered into pursuant to section 7-01-2335 of this Article shall also govern such construction of deferred improvements.
When the Site Plan Review Committee has determined that it is not feasible for the subdivider to perform the required improvements within a reasonable time after the approval of the final parcel map, the subdivider and the County may enter into an agreement providing that the subdivider shall make a deposit of money with the County to pay the cost of the work. The Public Works Director shall determine the estimated cost to the applicant of performing the work. When a deposit has been made pursuant to this section, the subdivider shall have no further duties or liabilities in connection with the construction of such improvements. Such a deposit shall be held by the County solely for the performance of the agreed work and if said work has not been completed within five (5) years after the date of execution of the agreement by the Board of Supervisors, the County shall return the money deposited by the subdivider, without interest, to the subdivider, his heirs or assigns. If the territory in which the improvement is to be constructed is annexed to a city prior to the construction of the improvement, the County may offer to transfer to such city all funds theretofore deposited with the County. Any funds so transferred to the city shall be held by the city solely for the performance of the agreed work and shall be returned to the subdivider, his heirs or assigns, if the work has not been performed within said five (5) year period.
When all certificates have been executed, and all other requirements of the Subdivision Map Act and this Article complied with, the Public Works Director shall transmit the final parcel map to the County Clerk/Recorder/Assessor for filing in accordance with the Subdivision Map Act.