§ 120.56

The tentative map shall be prepared by a civil engineer with designation that it is being submitted as a rural subdivision and showing drainage, public utility and other easements, drainage structures and size, road grades, contours preferably at five-foot intervals, but if USGS Quadrangle maps are used, accuracy of contours and interpolated intervals must be field checked by the engineer, and drawn at 100 scale unless size of parcels warrants a smaller scale. The Director of Transportation will serve in an advisory capacity to the Planning Commission in reviewing the tentative map from the standpoint of design, grades, easements, drainage structures and designation of road categories.

(Prior Code, § 9383(a); Code 1997, § 16.56.020; Ord. No. 3766, § 63, 1987; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.56.022. - Private easements; fences.

A.

Any rural subdivision into parcels of ten acres or less that borders on an agricultural preserve (Williamson Act property) that is used primarily for livestock purposes shall be required to construct and maintain a fence along the border on a ten-foot easement adjacent to the preserve that allows adjacent owners access for the sole purpose of maintaining the fence. The fence and easement shall be maintained for as long as the adjacent land is an agricultural preserve. The specifications for the fence shall be provided by resolution of the Board of Supervisors. The easement shall be totally on the land to be divided which shall be the servient tenement. The dominant tenement shall be the adjacent agricultural preserve land that benefits from the fence and easement through its control of dog and other pet access onto the agricultural preserve land. The easement shall be listed on all tentative and final maps.

B.

The determination that agricultural preserve land is primarily used for livestock purposes shall be made by the Agricultural Commission.

C.

A party that causes damage to the fence is responsible for its prompt repair.

D.

This section does not apply to an agricultural preserve that has filed a notice of nonrenewal.

(Code 1997, § 16.56.022; Ord. No. 4111, § 3, 1990)

Sec. 120.56.030. - Signs.

A.

Street names and traffic-control signs are to be installed at the main access street and are to be additionally signed on the same pole containing the street names, with a sign identifying the street as not a County-maintained road as follows:

1.

Stop sign, R1R 30 inches;

2.

Road name signs shall conform to standards of the Director of Transportation for conventional subdivisions;

3.

Non-maintained notice containing the wording "THIS ROAD NOT COUNTY MAINTAINED" shall be placed in a prominent location and shall be of such size that it can be easily read from a vehicle on the road entering the subdivision, and shall be white background with black lettering.

B.

Maintenance and replacement of the signs is to be assumed by an entity approved by the Board of Supervisors.

(Prior Code, § 9383(b); Code 1997, § 16.56.030; Ord. No. 3766, § 64, 1987; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.56.040. - Right-of-way dedication.

Rights-of-way are to be offered for dedication on the final subdivision map and accepted on behalf of the public; not to be accepted for maintenance under Streets and Highways Code § 941. Maintenance shall be by an entity approved by the Board of Supervisors.

(Prior Code, § 9383(c); Code 1997, § 16.56.040)

Sec. 120.56.050. - Improvement guarantee.

If subdivision improvements are not already constructed by the time of recording the final map, a surety bond is to be posted for the estimated construction cost.

(Prior Code, § 9383(d); Code 1997, § 16.56.050)

Sec. 120.56.060. - Tree removal.

Trees located within road rights-of-way need not be removed if they are beyond the top of a cut or toe of a fill and do not constitute a hazard to traffic.

(Prior Code, § 9383(e); Code 1997, § 16.56.060)

SUBPART IV. - PROVISIONS GENERALLY APPLICABLE TO SUBDIVISIONS OR OTHER LAND DIVISIONS CHAPTER 120.68. - VESTING TENTATIVE MAPS

Sec. 120.68.010. - Citation and authority.

The ordinance from which this chapter is derived is enacted pursuant to the authority granted by the State of California Subdivision Map Act, Division 2, Subdivisions, of Title 7, Chapter 4.5, Development Rights, of the Government Code, commencing with Government Code § 66498.1 (hereinafter referred to as the vesting tentative map statute).

(Code 1997, § 16.68.010; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.020. - Purpose and intent.

A.

It is the purpose of this chapter to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act and of this title. Except as otherwise set forth in the provisions of this chapter, the provisions of this title shall apply to vesting tentative maps.

B.

To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Code 1997, § 16.68.020; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.030. - Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map which is inconsistent with the County general plan, or is inconsistent with the applicable zoning ordinance or other applicable provisions of this Code unless specifically so allowed for in this chapter.

(Code 1997, § 16.68.030; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.040. - Definitions.

A.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Vesting tentative map means a tentative map or tentative parcel map for a residential, commercial, or industrial subdivision, as defined in this title, that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed, and is thereafter processed in accordance with the provisions hereof.

B.

All other definitions set forth in this title are applicable.

(Code 1997, § 16.68.040; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.050. - Applicability.

This chapter shall apply to residential, commercial and industrial developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map for development, a vesting tentative map may instead be filed in accordance with the provisions hereof.

(Code 1997, § 16.68.050; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.060. - Required submittal data; completion of application.

A.

Upon applying for approval of a vesting tentative map, the following maps, data, reports and information shall be submitted. If any of the following documentation is not submitted, the application shall be deemed incomplete pursuant to Government Code § 65493.

1.

The words "Vesting Tentative Map" printed conspicuously on the map;

2.

Four copies of a drainage plan, which, in addition to the requirements of the land capability study, shall include an analysis of upstream, on-site and downstream facilities and details, and detail of off-site drainage facilities where needed;

3.

Four copies of a preliminary grading plan. The preliminary grading plan shall show all cut and fill slopes and the proposed elevations of driveways and roads at 100-foot stations, proposed building pad elevations, and at all lot corners around the periphery of the project. The preliminary grading plan shall be prepared to a one foot (plus or minus);

4.

Four copies of a tree preservation plan. The plan shall accurately include the following:

a.

Identification of the tree canopy using the vesting tentative map as the base map for such information, and further noting significant tree types (pine/oak, etc.) where groups of such types are clearly distinguishable. Any further description, such as general size characteristics, is desirable, but optional;

b.

Identification on the tree canopy map of all trees with a diameter of 20 inches or greater diameter at breast height, in all of the following situations:

1.

Within building envelope areas when such are proposed as required herein, or on any lot less than 20,000 square feet in area when building envelopes are not required;

2.

In any situation where the tree or its dripline lie within any proposed road, driveway, leachfield area, or cut or fill slope area;

Those trees identified herein which are proposed for removal shall be so noted on the tree plan. Any provisions for tree preservation, transplanting, or replacement shall also be noted;

5.

An archeological survey noting the existence, if any, of any historical or cultural sites, and appropriate mitigation measures;

6.

Fuel modification program when the proposed site is heavily vegetated with trees or brush covering 50 percent or more of the site;

7.

In those circumstances where a development plan review is required by ordinance, such review application and all exhibits necessary for the review;

8.

In those circumstances where the project requires concurrent discretionary approval, all exhibits necessary for such application;

9.

A complete site plan showing all buildings and structures intended to be constructed on the lots proposed to be created. Those buildings, structures or improvements not shown on the site plan shall have no vested development rights hereunder and shall be subject to such ordinances, policies and standards in effect at the time of building permit issuance. Such site plan shall be of suitable scale (one inch equals 50 feet or greater) and sufficient detail to determine whether the proposed development conforms to existing ordinances, policies and standards and shall show the following:

a.

Lot dimensions;

b.

All buildings and structures: location (setback area), height and proposed use (number of dwelling units);

c.

Walls and fences: location and height;

d.

Off-street parking: location, number of spaces and dimensions;

e.

Access: pedestrian and vehicular;

f.

Signs: location, size and height;

g.

Drainage: natural drainage and any proposed drainage systems;

h.

Landscaping;

i.

Preliminary grading plan for each parcel;

10.

Approved septic area for each lot if public sewers are not proposed;

11.

Building envelopes shall be noted on any proposed lot where average cross slopes exceed a ten percent grade. The building envelope area shall not exceed 5,000 square feet in area on Class 1 subdivisions (less than two-acre lots) or 20,000 square feet in rural divisions (two-acre or larger lots);

12.

Application form completed and signed;

13.

Deed restriction certificate signed;

14.

Letter of authorization from property owner, if applicable, authorizing the agent to act as applicant;

15.

A copy of official Assessor's map, showing the property outlined in red;

16.

Proof of ownership (grant deed), if the property has changed title since the last tax roll;

17.

Completed and signed environmental assessment form;

18.

Ten copies of a "land capability report" containing the information required by the Design and Improvements Standards Manual;

19.

If sewer or water service is proposed to be provided by a public agency, proof of availability and ability to serve the proposed development must be provided;

Required maps:

a.

30 copies of the vesting tentative map, folded to fit in an 8½-inch by 11-inch folder, with signature block showing:

i.

Four copies of slope map noting the following slope range categories; zero percent to ten percent, 11 percent to 20 percent, 21 percent to 29 percent, 30 percent and over;

ii.

One copy of the reduced vesting tentative map, 8½ inches by 11 inches, or 8½ inches by 14 inches, may be on two or more pages if necessary;

21.

The vesting tentative map shall further include the following information with items a through p below shown on map in sequence noted:

a.

Proposed subdivision name;

b.

Owner of record (name and address);

c.

Map prepared by (name and address);

d.

Scale;

e.

Contour interval;

f.

Source of topography;

g.

Section, township and range;

h.

Assessor's parcel number;

i.

Present zoning;

j.

Total area (acres);

k.

Total number of parcels;

l.

Minimum parcel area;

m.

Water supply;

n.

Sewage disposal;

o.

Proposed structural fire protection;

p.

Date of preparation;

q.

North point located anywhere on map;

r.

Project boundary with dimensions;

s.

A vicinity map showing the location of the project in relation to major roads, including township, range and section;

t.

Approximate dimension and area of all lots, and area of lots larger than one acre;

u.

Names of adjacent subdivisions and property owners for parcels that have not been subdivided;

v.

Approximate radii of centerline of all street curves;

w.

Grades and width of proposed and existing roads of road easements with typical improvement cross section;

x.

All existing structures, buildings, utility, transmission lines and dirt roads;

y.

Fire hydrant location, existing and/or proposed;

z.

Existing water and sewer line locations;

aa.

Contours of not more than five foot intervals, based on aerial photogrammetry or on-site survey. (USGS interpolation, not acceptable);

bb.

Phasing if proposed;

cc.

The location, if present, of rock outcroppings, lava caps, drainage courses, lakes, canals, reservoirs, rivers, streams, spring areas subject to inundations, wetlands, and respective 100-foot and 50-foot septic system setbacks when a septic system is proposed;

dd.

Flood areas on perennial streams, creeks or rivers (100-year).

B.

If as a result of the process of review by the County of the vesting tentative map it becomes necessary for the applicant:

(1)

To make a material change in the vesting tentative map;

(2)

To submit additional data; or

(3)

To revise any aspect of the data that has been previously submitted pursuant to Subsection A of this section;

then the application shall be deemed incomplete pursuant to Government Code § 65943 until such new or additional or revised maps, data, reports and information shall be submitted.

(Code 1997, § 16.68.060; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.070. - Processing.

A.

A vesting tentative map shall be processed in the same manner as required for tentative maps in Chapter 120.24, or for tentative parcel maps in Chapter 120.48; provided, however, on vesting tentative subdivision maps, the Planning Commission shall only make a recommendation to the Board of Supervisors, and the map shall then be set for hearing before the Board of Supervisors, jointly with a zone change or development plan when applicable, within 30 days of the Planning Commission action.

The decision on a vesting tentative subdivision map is not final until the Board of Supervisors has acted on the matter as noted herein.

B.

A vesting tentative map shall not be approved unless it is found to be consistent with the general plan for the property proposed to be subdivided. A vesting tentative map application which is inconsistent with the then current general plan at the time of its initial submittal shall be deemed incomplete.

C.

A vesting tentative map shall not be approved unless it is consistent with the zoning of the property proposed to be subdivided. A vesting tentative map which is inconsistent with the then current zoning at the time of submittal shall be deemed incomplete unless an application for a change in zoning, and any other discretionary approval as may be required except a general plan change, is submitted concurrently with the vesting tentative map. If a change in the zoning, or any other discretionary approval as may be required except a general plan change, is obtained currently with the approval or conditional approval of the vesting tentative map, the approved or conditionally approved vesting tentative maps shall, notwithstanding Section 120.68.100.A, confer the vested right to proceed with the development in substantial compliance with the change so obtained. Vesting tentative maps shall not be approved with a condition that other discretionary approvals be subsequently secured.

(Code 1997, § 16.68.070; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.080. - Fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees as adopted by the County from time to time for the filing and processing of vesting tentative maps or tentative parcel maps.

(Code 1997, § 16.68.080; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.090. - Expiration.

The approval or conditional approval of a vesting tentative map shall expire 24 months after the date of the Board of Supervisors' action on said map, and shall be subject to the same extensions established by this title for the expiration of the approval or conditional approval of a tentative map or tentative parcel map.

(Code 1997, § 16.68.090; Ord. No. 4216, § 1(part), 1992)

Sec. 120.68.100. - Vesting rights.

A.

Subject to the provisions of this section, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code § 66474.2. However, if Government Code § 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development

in substantial compliance with the ordinances, policies, and standards in effect at the time of the vesting tentative map is approved or conditionally approved.

B.

Determination of when an application for a vesting tentative map is complete shall be made pursuant to procedures set forth herein and pursuant to Government Code § 65943.

C.

Notwithstanding Subsection A of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1.

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

2.

The condition or denial is required in order to comply with State or Federal law.

D.

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 120.68.090. If the final map is approved, these rights shall last for the following periods of time:

1.

An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2.

If the subdivider submits a complete application for a building permit during the periods of time specified in Subsection D.1 of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

(Code 1997, § 16.68.100; Ord. No. 4216, § 1(part), 1992)