Chapter 120.20 — PRELIMINARY MAPS

Sec. 120.20.010. - Purpose.

A preliminary map is a generalized document which will allow the feasibility and practicality of a tract of land to be assessed informally in regard to its suitability for subdivision. This requirement is based upon the increasing complexity of subdivision map processing as required by the State and the County. A preliminary map may be submitted, at the option of the applicant, pursuant to this chapter. Where a larger or complicated project is proposed, the applicant may wish to utilize the preliminary map process to assist in focusing upon environmental issues associated with the project.

(Prior Code, § 9318; Code 1997, § 16.20.010; Ord. No. 3514, § 1, 1985)

The preliminary map shall be submitted on durable paper sheets drawn to scale and be of sufficient size to show all details of the plan and required data clearly. Any number of sheets may be used providing each sheet specifies the total number of sheets comprising the map, the number of the particular sheet and its relation to each adjoining sheet. If the tract is a portion of a larger area which may be subdivided later, the preliminary map shall indicate the ultimate plan of development and may, with the concurrence of the Director of Planning and Building, be utilized as a master plan for the ultimate development thereby precluding submission of additional preliminary maps for that project.

(Prior Code, §9319; Code 1997, § 16.20.020; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.20.030. - Data required.

The preliminary map will not be accepted unless it shows clearly all of the following data:

A.

Proposed subdivision name;

B.

Name and address of the record owner, subdivider and person preparing map;

C.

The date, north point and scale;

D.

A vicinity map showing location of proposed subdivision in relationship to surrounding landmark features, major road intersections, and collector roads which will serve the development;

E.

Sufficient data to approximate the boundaries of the tract;

F.

Names of all adjacent subdivisions and property owners for the unsubdivided parcels;

G.

Streets adjacent to the proposed subdivision with their names, width and approximate location;

H.

Existing easements with their purpose, width and approximate location;

I.

Proposed streets with names or designations, width, grades and approximate alignments;

J.

General traffic circulation patterns and connections to existing County roads;

K.

Proposed lot density areas with the estimated number of lots;

L.

Slope areas for slopes less than ten, 11 to 20, 21 to 30 and over 30 percent;

M.

Contours of not more than ten-foot intervals which may be interpolated from 7.5 minute series U.S. Geological Survey Maps;

N.

The approximate location and direction of flow of the large, small and intermittent streams shown on the 7.5 minute series U.S. Geological Survey Maps;

O.

Areas subject to flooding;

P.

Meadow and marsh areas;

Q.

Springs and hazard areas;

R.

Other natural or artificial surface features that would affect the plan of the subdivision;

S.

The zoning, both existing and proposed, for the project area;

T.

A statement by the subdivider regarding conformation to the general plan;

U.

A statement by the subdivider regarding proposed improvements to be made by him or her;

V.

A statement by the subdivider indicating the proposed source of water supply, method of sewage and solid waste disposal and the proposed public entity to operate the community systems is available or proposed;

W.

A statement by the subdivider indicating the method by which fire protection will be furnished and the responsible fire agency or agencies; and

X.

The name of the school district or districts within which the development is located.

(Prior Code, § 9320; Code 1997, § 16.20.030)

Sec. 120.20.040. - Copies.

Sufficient copies of each preliminary map shall be submitted to the Director of Planning and Building for processing and review.

(Prior Code, § 9321; Code 1997, § 16.20.040; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.20.050. - Filing fees.

The filing fees as established by resolution of the Board of Supervisors shall be paid to the Department of Planning and Building as a prerequisite to the submission of a preliminary map. No part of a preliminary map filing fee will be refunded.

(Prior Code, § 9322; Code 1997, § 16.20.050; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.20.060. - Report time limit.

The County Planning Division shall report in writing its assessment of each preliminary map to the applicant within 20 days after the review meeting and not later than 40 days from initial submission.

(Prior Code, § 9323; Code 1997, § 16.20.060; Ord. No. 3514, § 2, 1985)

Sec. 120.20.070. - Provisions not exclusive.

No provision of this chapter shall eliminate any other requirement of this subpart or the Subdivision Map Act.

(Prior Code, § 9324; Code 1997, § 16.20.070)

CHAPTER 120.24. - TENTATIVE MAPS

Sec. 120.24.010. - Purpose.

The first official action in connection with the making of a subdivision is the filing of a tentative map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it which is prepared and filed in accordance with the provisions of the Subdivision Map Act and this subpart.

(Prior Code, § 9325; Code 1997, § 16.24.010)

Sec. 120.24.020. - Zoning and design manual compliance.

The tentative map of a subdivision will not be approved unless it complies with all applicable provisions of the County zoning regulations set forth in Title 130 for the zone district proposed and the County design manual or approved variance or waiver therefrom.

(Prior Code, § 9326; Code 1997, § 16.24.020)

Sec. 120.24.030. - Dimensions.

The tentative map shall be submitted on durable paper sheets not to exceed 42 inches in width and 72 inches in length and drawn to a scale of sufficient size to show all details clearly. Any number of sheets may be used, providing each sheet specifies the total number of sheets comprising the map, the number of the particular sheet and its relation to each adjoining sheet. If the tract is a portion of a larger area which may be subdivided later and a preliminary master plan has been adopted, the tentative map shall indicate in general the ultimate plan for the whole.

(Prior Code, § 9327; Code 1997, § 16.24.030)

Sec. 120.24.040. - Data required.

The tentative map shall show all of the data and statements listed for preliminary maps in Section 120.20.030 in addition to the following:

A.

Names, address and phone number of the civil engineer responsible for the design of the subdivision;

B.

Contours of not more than five-foot intervals with accuracy within 2½ feet of true elevation;

C.

The approximate radii of all street curves;

D.

Typical cross sections of all proposed streets;

E.

The approximate dimensions of all lots;

F.

Show the front line setbacks and building lines applicable to the tract if in variance to the zoning standard;

G.

Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public purposes;

H.

The approximate location of areas subject to inundation of stormwater overflow by any 100-year frequency storm and the location, width and direction of flow of all watercourses;

I.

Drainage structures and direction of drainage flow;

J.

Purpose, width and approximate location of all proposed easements.

(Prior Code, § 9328; Code 1997, § 16.24.040)

Sec. 120.24.050. - Filing procedure.

A.

Sufficient prints of the tentative map.

B.

Three completed copies of the tentative subdivision application.

C.

All required environmental documents.

D.

All applicable filing fees as determined by Section 120.24.060.

E.

Four copies of a land capability report as set forth in the design manual.

F.

A petition for rezoning boundary amendment if required.

G.

No tentative map may be filed on nor shall there be any division of lands subject to the provision of a California Land Conservation Act Contract unless a new or amended California Land Conservation Act Agreement providing for the divisions is approved for each resulting parcel in accordance with the rules and regulations relating to agricultural agreements.

(Prior Code, § 9329; Code 1997, § 16.24.050)

Sec. 120.24.060. - Filing fee—Required.

A.

The fees set forth by resolution of the Board of Supervisors shall be paid to the Department of Planning and Building as a prerequisite to the filing of a tentative map of a subdivision.

B.

No part of the filing fee will be refunded in the event the tentative map is not approved or for any other cause. The Department of Planning and Building shall deliver a fee receipt in duplicate.

(Prior Code, § 9484; Code 1997, § 16.24.060; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.24.070. - Same—Extension.

The filing fee for a tentative map extension shall be as established by resolution of the Board of Supervisors.

(Prior Code, § 9331; Code 1997, § 16.24.070)

Sec. 120.24.075. - Approval procedure.

A.

Upon receipt of a complete tentative map application, the Department shall prepare a report with recommendations. The Department shall set the matter for public hearing before the Planning Commission in a timely manner consistent with the time requirements of the Subdivision Map Act, California Environmental Quality Act, and all other applicable provisions of State law. The Planning Commission shall hold the public hearing and shall serve as the approving authority except as provided in Subsection E of this section. At the conclusion of the hearing the Planning Commission shall:

1.

Approve, conditionally approve, or deny the tentative map as to design, area, road access, flood and drainage control or any other consideration as may be required under the provisions of any ordinance or the Subdivision Map Act.

2.

Approve or deny any design waivers request pursuant to Section 120.08.020.

3.

Make all appropriate findings supporting the decision and notify the applicant in writing of the decision and findings. In the event of denial, the notice shall specifically enumerate the reasons for denial.

B.

Any decision by the Planning Commission may be appealed to the Board of Supervisors by the applicant or by any person adversely impacted by the decision. Such an appeal must be filed in writing with the Department of Planning and Building within ten working days of the Planning Commission decision on a standardized form and accompanied by a fee as established by the Board of Supervisors. The appellant shall clearly identify on the appeal form the specific reasons for the appeal. The Board of Supervisors shall consider on appeal all issues raised by the appellant. The Board of Supervisors may consider other relevant issues related to the tentative map. The Clerk of the Planning Commission shall set a hearing before the Board within 30 days of receipt of a completed appeal form and fee.

C.

Any supervisor may administratively appeal the decision of the Planning Commission by notifying the Clerk of the Planning Commission within ten working days of the Planning Commission's decision and thereupon set the matter for hearing before the Board of Supervisors. The Clerk of the Planning Commission shall set the hearing before the Board within 30 days of receipt of the administrative appeal.

D.

A decision on a tentative map is not final until a final determination of an appeal, if any, has been made pursuant to Subsection B of this section.

E.

Where a tentative map is submitted concurrently with an application for zone change, the Planning Commission's action on the tentative map shall be advisory only, and final action on the map shall be made by the Board of Supervisors after a noticed public hearing with notice given as provided in Section 120.24.085.

(Code 1997, § 16.24.075; Ord. No. 4448, 1997; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.24.080. - Approval by failure to act.

If no action is taken on the tentative map within the time required by law, the tentative map shall be deemed approved as filed and the Clerk of the Board of Supervisors shall certify the Board's approval on the map unless the subdivider has agreed to an extension of the time limits. All approval of tentative subdivision maps pursuant to this section shall be deemed approved, subject to the following terms and conditions:

A.

That all of the improvements required in the subdivision by the terms of this subpart and the subdivision design manual shall be completed by the subdivider and inspected by the County Engineer or civil engineer as the work progresses. The improvements shall not begin until the inspection fee has been paid;

B.

Other terms and conditions as may be specified by ordinance and the general plan at the time of the approval including the approval of the governing boards of all affected school districts;

C.

All conditions recommended in the staff report for the project if the Planning Commission or the Board has not acted on the map; and

D.

All conditions imposed by the Planning Commission or the Board of Supervisors at any hearing on the map.

(Prior Code, § 9332; Code 1997, § 16.24.080; Ord. No. 3677, § 6, 1987; Ord. No. 3805, § 9, 1988)

Sec. 120.24.085. - Notice requirements and procedures.

A.

This section implements greater public notice requirements than the prescribed requirements in California Government Code §§ 65090—65095). Action by the Planning Commission pursuant to Section 120.24.075.A (Approval Procedure) shall be made after a public hearing for which notice has been given. The public notice requirements and procedures for tentative map applications are set forth below in Table 120.24.085.1 (Tentative Map Notice Requirements and Procedures). Public notice regarding projects will be mailed to nearby property owners according to the distance radius from the project site parcel boundary as specified in this table. If the project has multiple actions with conflicting distance radii, then the greater distance radius shall apply.

B.

The notice shall be mailed at least ten days prior to the hearing to any person who has filed a written request for notice either with the clerk of the governing body or with any other person designated by the governing body to receive these requests. The local agency may charge a fee, which is reasonably related to the costs of providing this service, and the local agency may require each request to be annually renewed. As used in this chapter, "person" includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission (Government Code § 65092).

C.

The failure of any person or entity to receive notice pursuant to this title shall not constitute grounds for any court to invalidate the actions by the Planning Commission, and/or Board of Supervisors for which the notice was given (Government Code § 65093).

D.

Any public hearing conducted under this title may be continued from time to time (Government Code § 65095). If a hearing on a project is continued to a date certain, no additional public notice is required. Projects continued off calendar require new public notice.

E.

Public Outreach Plan. For some Planning Commission-level and Board-level discretionary development projects, the Director may require the applicant to prepare a public outreach plan to provide for early public notice and an opportunity for the public to provide input to the applicant on the proposed development project. For discretionary projects with 300 or more dwelling units, a public outreach plan shall be required.

The public outreach plan may include but shall not be limited to:

(1)

Direct mailing to the property owners nearby (distance radius from the proposed project site parcel boundary) for the project type as noted in Table 120.24.085.1 (Tentative Map Notice Requirements and Procedures) that includes a description of the proposed project and methods for how to submit comments; and

(2)

One or more public workshops held in the community by the applicant prior to any County public hearing on the proposed project.

2.

The applicant shall submit the public outreach plan to the Director for approval and inclusion in the public record. The applicant shall implement the public outreach plan and provide a summary to the Director of the outreach efforts conducted including number of attendees at public outreach meetings and public comments received which will be part of the agenda packet presented to the Planning Commission and/or Board of Supervisors.

Table 120.24.085.1. Tentative Map Notice Requirements and Procedures

(Code 1997, § 16.24.085; Ord. No. 3805, § 10, 1988; Ord. No. 5026, § 1, 9-15-2015; Ord. No. 5128, § 1, 9-1-2020)