Article II — Tentative Maps

Applications for land division permits pursuant to this chapter shall be processed according to Chapter 18.10 SCCC at the following levels:

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2 to 4 dwelling sites Level VI parcel map
5 to 19 dwelling sites Level VI final map
20 or more dwelling sites Level VII final map
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• (Ord. 2093, 1975; Ord. 2443, 1977; Ord. 3436 § 2, 1983; Ord. 4243 § 3, 1993)

Within 10 days of the filing of tentative map, the Director shall send notice of the filing of the tentative map as required by Section 66455.7 of the Government Code to the board of trustees of any school district within the boundaries of which the subdivision is proposed to be located. The said notice shall notify any such school board that it may within 20 days of the date of the notice send a written report to the Planning Agency which is to act on the tentative map indicating the impact of the proposed subdivision on the affected school district and making such recommendations as the board of trustees deems appropriate.

(Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979)

Twenty copies of the tentative map are required, of which one shall be the original or an acceptable reproducible copy thereof.

(Ord. 4243 § 4, 1993)

The effective time of filing a tentative map shall be the time when the application has been completed in full compliance with this chapter as to form and content. The tentative map application shall be reviewed for completeness as to form and content by the Planning Director and the Director shall notify the applicant in writing as to what must be done to complete the application within 30 days from the day the application was originally submitted. (Ord. 2093, 1975; Ord. 3228 § 2, 1982)

• (A) Subdivisions for which a parcel map or final map is required shall be processed according to the provisions of Chapter 18.10 SCCC, Level VI if for two to 19 dwelling sites, condominiums, or townhouse units to be created, and at Level VII for 20 or more such units. A written report prepared by the Director shall be submitted to the Planning Commission for review at a public hearing pursuant to Chapter 18.10 SCCC.

• (B) When the County's position on a tentative map issue is at variance with that of a reviewing agency, the staff report shall address the issue in detail, giving reasons why specific

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County of Santa Cruz, CA

SUBDIVISION REGULATIONS

14.01.308

14.01.310

comments and recommendations were not accepted and listing factors of overriding importance used in the determination.

• (C) For applications for 20 or more such units, the Planning Commission may modify the report in any way it deems necessary or desirable and shall send its recommendation to the Board within 50 days after formal acceptance of the tentative map by the Director. At the next regular meeting of the Board following the filing of the Planning Commission's report with it, the Board shall set the date at which it will consider the tentative map, which date shall be within 30 days thereafter and the Board shall approve, conditionally or disapprove the tentative map within that 30-day period. Final action on these tentative maps is vested in the Board, which may approve, conditionally approve, or disapprove the tentative map, except that where the Planning Commission recommends disapproval of a tentative map, the Board will, in the absence of a filed appeal pursuant to Article VI of Chapter 18.10 SCCC, consider the map disapproved and no further action is required.

• (D) For applications for two to 19 such units, action by the Planning Commission to approve, conditionally approve or disapprove a tentative map shall be taken within 50 days after filing of a tentative map with the Director and the Planning Commission shall report its action to the subdivider.

• (E) The time periods specified in subsections (C) and (D) of this section shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

• (F) When Section 66455.5 of the Government Code requires the submission of the tentative map to the Office of Intergovernmental Management, the time may be extended for action on such map if it is required to allow consideration of the evaluation received from the Office of Intergovernmental Management, but such extension shall not exceed 15 days.

• (Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3228 § 3, 1982; Ord. 3436 § 2, 1983; Ord. 4243 § 5, 1993; Ord. 4496-C §§ 70, 71, 1998; Ord. 4836 § 116, 2006; Amended during 9/07 supplement) [1 ]

Any report or recommendation on a tentative map, or a tentative map extension, to the Planning Commission or Board shall be in writing and a copy thereof served on the subdivider at least three days prior to any hearing or action on such map.

Tentative map for which parcel map is required (minor land division)—Processing.

Repealed by Ord. 4243 .

(Ord. 2093, 1975; Ord. 2257, 1976; Ord. 2452, 1977; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 2965, 1980; Ord. 3228 § 4, 1982)

If no action is taken upon a tentative map by the Planning Commission or by the Board within the

1. Code reviser's note: Ord. 4836 had two sections numbered "116."

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County of Santa Cruz, CA 14.01.310

SANTA CRUZ COUNTY CODE

14.01.313

time limits specified in this chapter or any authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it complies with the other applicable requirements of the Subdivision Map Act, this chapter and due process, and it shall be the duty of the Clerk of the Board to state such approval.

• (Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 4243 § 7, 1993)

Appeals from action taken on a tentative map for a minor land division by the Director.

Repealed by Ord. 4243 .

(Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3184 § 1, 1982; Ord. 3436 § 2, 1983; Ord. 4075 § 9, 1990)

• (A) The subdivider may appeal to the Board from any action of the Planning Commission with respect to a tentative map.

• (B) A notice of appeal by the subdivider shall describe the act or determination appealed, include a concise statement of the grounds of the appeal, and be accompanied by the filing fee set by resolution of the Board of Supervisors.

• (C) Any such appeal shall be filed with the Clerk of the Board within 10 calendar days after the action of the Planning Commission from which the appeal is being taken.

• (D) Upon the filing of an appeal, the Board shall set the matter for hearing. Such hearing shall be held within 30 days after the date of filing the appeal. Such hearing shall be a public hearing for which notice shall be given in the time and manner provided. Within 10 days following the conclusion of the hearing, the Board shall render its decision on the appeal. The decision shall comply with the provisions of Sections 66473, 66473.5 and 66474 of the Government Code, and shall include any finding required by such sections. The Clerk shall notify the subdivider of the Board's decision within five working days following said decision.

• (E) The Clerk shall notify the complainant and subdivider of the action taken, in writing, within five working days following said decision.

• (Ord. 2093, 1975; Ord. 2506, 1977; Ord. 3184 § 2, 1982; Ord. 3436 § 2, 1983; Ord. 3730 § 1, 1986; Ord. 4075 § 10, 1990)

• (A) Any interested person adversely affected by the decision of the Planning Commission may file a complaint with the Board concerning any decision of the Planning Commission on a tentative map.

• (B) All appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance to the procedures of SCCC § 18.10.310 et seq.

• (C) Any such complaint shall be filed with the Clerk of the Board within 10 calendar days after the action of the Planning Commission which is the subject of the complaint. Upon the filing of the complaint, the Board shall set the matter for hearing. Such hearing shall be held within 30 days after the filing of the complaint. Such hearing shall be a public hearing

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County of Santa Cruz, CA

SUBDIVISION REGULATIONS

14.01.313

14.01.315

for which notice shall be given in the time and manner provided in SCCC § 18.10.330(B).

• (D) Upon conclusion of the hearing, the Board shall, within seven days, declare its findings based upon the testimony and documents produced before it or the Advisory Agency. It may sustain, modify, reject or overrule any recommendations or rulings of the Advisory Agency and may make such findings as are not inconsistent with the provisions of the Subdivision Map Act or this chapter.

• (E) The Clerk shall notify the complainant and subdivider of the action taken, in writing, within five working days following said decision.

• (Ord. 2093, 1975; Ord. 2506, 1977; Ord. 3184 § 3, 1982; Ord. 3436 § 2, 1983; Ord. 4075 § 11, 1990)

The Board may consider any decision of the Director or Planning Commission in the manner provided in SCCC § 18.10.350.

(Ord. 2213 § 10, 1975)

If the Board fails to act upon an appeal within the time limits specified in this chapter, the tentative map, insofar as it complies with applicable requirements of this chapter, the State Subdivision Map Act, and due process, shall be deemed to be approved or conditionally approved as per the last previous action taken, and it shall be the duty of the Clerk of the Board to state such approval, or conditional approval, and report such action to the applicant within five working days following such deadline for action.

(Ord. 2093, 1975; Ord. 2506, 1977; Ord. 4243 § 9, 1993)

• (A) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. However, if the subdivider is required to expend $125,000 or more to construct, improve, or refinance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map or parcel map authorized by SCCC § 14.01.322.5 or 14.01.330.5 shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final or parcel map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the California Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final or parcel maps which may be filed shall be determined by the Approving Body at the time of the approval or conditional approval of the tentative map.

  • (1) The amount of $171,250 shall be increased by the registrar of contractors according to the adjustment for inflation set forth in the Statewide cost index for Class B

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County of Santa Cruz, CA 14.01.315

SANTA CRUZ COUNTY CODE

14.01.316

  - construction, as determined by the State Allocation Board at its January meeting. The adjustment by the registrar of contractors shall be effective on the first day of the month occurring more than 30 calendar days after the registrar of contractors makes that adjustment. 

• (2) "Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

• (B) The period of time for filing a final or parcel map, including any extension thereof granted pursuant to SCCC § 14.01.316, shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence, provided, however, the length of the moratorium shall not exceed five years. The period of time for filing a final or parcel map shall also not include any period of time during which a lawsuit has been filed and is or was pending in a court of competent jurisdiction challenging the approval or conditional approval of the tentative map if a stay of the time period is approved by the Board of Supervisors, in accordance with time deadlines specified in Section 66452.6 of the Government Code.

for filing a final or parcel map shall also not include any period of time during which a lawsuit has been filed and is or was pending in a court of competent jurisdiction challenging the approval or conditional approval of the tentative map if a stay of the time period is approved by the Board of Supervisors, in accordance with time deadlines specified in Section 66452.6 of the Government Code.

• (C) For the purposes of this section, a "development moratorium" means a water or sewer moratorium, or a water and sewer moratorium, or any action or actions of either the County or other public agencies which regulate land use, development, or the provision of services to the land, when such action or actions prevent, prohibit, or delay the approval of a final or parcel map. A "development moratorium" shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the County could not be satisfied because the condition was one which, by its nature, necessitated action by the County, and the County either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action prior to expiration of the tentative map.

• (D) Whenever feasible, development permits shall be conditioned to expire at the same time the tentative map expires, or such other date which will facilitate concurrent consideration of the maps and the permits.

• (E) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.

• (F) Time limits established herein are designed to carry out the policy of the Subdivision Map Act and County policy to provide for periodic review of development proposals in the light of changed conditions such as changes in the law, new court decisions, changed County policies, and any revisions or pending revisions of the County General Plan or zoning ordinance.

(Ord. 2093, 1975; Ord. 2222, 1975; Ord. 3184 § 4, 1982; Ord. 3207 § 1, 1982; Ord. 4181 § 6, 1992; Ord. 4836 § 117, 2006) [2 ]

2. Code reviser's note: Ord. 4836 had two sections numbered "117."

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County of Santa Cruz, CA

SUBDIVISION REGULATIONS

14.01.316

14.01.316.5

• (A) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended for a period or periods not exceeding a total of five years. The period of extension specified in this section shall be in addition to the period of time provided by SCCC § 14.01.315(A). A timely filing of an application for an extension of the tentative map shall automatically extend the tentative map approval for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. Requests for time extensions for all subdivision tentative map approvals shall be initiated by the subdivider on forms provided by the Planning Department. Such requests shall be processed pursuant to Processing Level VI (Planning Commission) in accordance with Chapter 18.10 SCCC, and the appropriate appeal procedures set forth in SCCC § 18.10.310 through § 18.10.360. When considering such requests, the Planning Commission may add or modify any conditions of approval of the original tentative map.

• (B) As provided in subsection (a) of Government Code Section 66452.13, the expiration date of any tentative map for which the tentative map has been approved and has not expired on or before May 14, 1996, shall be automatically extended by 12 months.

• (Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3184 § 5, 1982; Ord. 3300 § 1, 1983; Ord. 3436 § 2, 1983; Ord. 3595 § 1, 1984; Ord. 3816 § 1, 1987; Ord. 3887 § 1, 1988; Ord. 4181 § 7, 1992; Ord. 4243 § 10, 1993; Ord. 4437 § 1, 1996; Amended during 9/07 supplement)

Amendments to approvals granted pursuant to this chapter, whether for change of project or conditions, shall be processed in the manner set forth at SCCC § 18.10.134. The appeal procedures set forth in SCCC § 18.10.310 through § 18.10.360 shall apply. (Ord. 4181 § 8, 1992; Amended during 9/07 supplement)

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County of Santa Cruz, CA

SUBDIVISION REGULATIONS

14.01.317

14.01.317