Calaveras County Municipal Code Ch. 16.09 Tentative and Final Maps

The board finds that for the public safety and welfare and for orderly development consistent with the county general plan, it is necessary to require that conditions of approval be placed upon tentative maps. Such conditions of approval shall be those necessary to protect the interests of prospective property owners and their successors in interest, or those necessary to serve the broader interests of the general public and its health, safety and welfare, or both such interests. Conditions of approval may include, but are not limited to:

A. Requirements for safe, adequate access to accommodate future land uses and users as set forth in this code;

B. Proof of an adequate supply of potable water at a usable sustained yield;

C. Proof of the existence of an approved septic system or proof of soils of a type and depth sufficient to accommodate the sanitary disposal of sewage effluent;

D. Conditions necessary to ensure that new development will not result in overcrowding of schools;

E. Any other requirements necessary to protect the public health, safety and general welfare.

(Ord. 1580 § 3, 1983).

(§ 66426)

No final map shall be approved for which a tentative map has not previously been approved by the local agency.

(Ord. 1523 § 1(part), 1982).

(§ 66456.1)

The subdivider may submit final maps for phases or units of the tentatively approved subdivision provided that the subdivider notifies the county of such intent prior to submittal of the final map with the local agency. The subdivider is not required to delineate the boundaries of the proposed units or phases at the time of tentative map approval. Any unit or phase not recorded by the time of tentative map expiration shall be terminated. All units or phases previously recorded shall be valid.

(Ord. 1523 § 1(part), 1982).

Any subdivider seeking approval of a tentative subdivision tract shall submit a completed application, including a tentative map, to the advisory agency.

(Ord. 1523 § 1(part), 1982).

(§ 66451.2)

The board of supervisors shall approve a schedule of fees for the processing of subdivisions to recover the costs incurred in reviewing proposed subdivisions. Said fees shall include costs incurred in reviewing both tentative and final subdivision maps. The board may review and adjust fees if it deems such adjustment necessary to cover the above-mentioned costs. Any increase of fees or imposition of new fees shall be done in compliance with Government Code Section 54990 et seq.

(Ord. 1523 § 1(part), 1982).

A. No tentative subdivision map shall be accepted as complete unless it complies with the requirements for submittal as established by the planning director.

B. A tentative subdivision map shall include a certificate signed and dated by the owner or agent stating: "I am the [owner] [agent for owner] of record and [I] [he/she/they] consent(s) to the filing of subdivision map in compliance with the requirements of Title 16 of the Calaveras County Code and Title 7, Division 2 of the California Government Code, the Subdivision Map Act."

C. If any portion of the subject property is identified in map 17A of the general plan, surface water, or on the Flood Hazard Boundary Maps of 1977 and as amended per Chapter 15.06 of this code, the subdivider shall comply with the following on the tentative map, and the additional requirements of the tract map as enumerated in Section 16.09.112.

1. The tentative map shall identify the flood hazard area and elevation of the base flood as defined in Sections 15.06.050 and 15.06.230.

2. The map shall identify proposed building sites, and establish if necessary building envelopes to limit construction and development of the proposed lots to those areas in which flood damage would be expected to be minimal. Building envelopes are setbacks established for individual lots to limit the potential development of the site in conformance with Chapter 15.06. Building envelopes shall be enforced by amendment to the zoning code for the specific parcel pursuant to Title 17 of this code to establish specific setbacks for the subject property.

(Ord. 1821 § 8, 1986: Ord. 1523 § 1(part), 1982).

(§ 66453, § 66451.2, § 66452.1, § 66453)

A. Each tentative map and required forms and information shall be reviewed by the planning director prior to acceptance as a completed application. If the planning director does not request additional information or materials, the application shall be deemed complete thirty days after submission of the application. If additional materials or information are required by the planning director, the aforementioned thirty days shall not commence to run until after all materials and information required by the planning director have been submitted.

B. The planning director may forward copies of the application to all persons, agencies and districts which he deems should be notified.

C. No less than ten days prior to the planning commission meeting for which the proposed tentative map is set for hearing, the planning director shall notice the meeting as provided in Section 16.05.080.

D. No less than three days prior to the planning commission hearing, the planning director shall serve the subdivider a copy of the report to be presented to the planning commission.

E. All time limits not specified in this title shall be as specified by state law.

F. All time limits, whether set by this title or state law, may be extended by mutual consent by the subdivider and the planning department pursuant to Section 16.01.180.

(Ord. 1523 § 1(part), 1982).

(§ 66451.3, § 66451.4)

A. No less than ten days prior to the scheduled planning commission hearing, the planning director shall cause to be published in a newspaper of general circulation in the county a notice stating that the tentative map is scheduled for a public hearing. Said notice shall include:

1. Time, place and date of hearing;

2. Name of the subdivider and the planning department file number;

3. Number of parcels proposed and the average parcel size or range of sizes to be created;

4. Assessor parcel number(s) and section, township and range of the property (or townsite, block and lot);

5. General vicinity of the project in relation to the nearest community center.

B. No less than ten days prior to the planning commission hearing for the project, the planning director shall cause to be mailed to the property owners of record on the latest equalized assessment roll with the property within three hundred feet of the perimeter boundaries of the subject property, a notice containing the same information required in subsection A above.

(Ord. 1523 § 1(part), 1982).

(§ 66473.5)

No tentative map shall be approved unless the local agency finds that the proposed subdivision is consistent with the goals, policies and general land uses of the general plan, any applicable specific or community plan, and the zoning ordinance.

(Ord. 1523 § 1(part), 1982).

(§ 66474.01)

Approval of a tentative or final map shall be denied by the county, if it makes any of the following findings:

A. The proposed subdivision is not consistent with the general plan, any applicable specific, special or community plan, the county subdivision ordinance; or

B. The subject property is not physically suitable for the type of development proposed; or

C. The design of the proposed subdivision or its proposed improvements is likely to cause serious public health problems; or

D. The design of the proposed subdivision or its improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; or

E. The design of the proposed subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The local agency may approve a map if it finds that alternative easements for access or for use will be substantially equivalent to those previously acquired by the public. This subsection shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction; or

F. The discharge of liquid or solid waste into a sewer or individual sewage disposal system would result in violation or add to a violation of existing requirements prescribed by the Central Valley Regional Water Quality Control Board; or

G. The proposed subdivision does not provide, to the extent possible for future passive or natural heating/cooling opportunities for the proposed new parcels;

H. Notwithstanding subsections A through G of this section, the county may approve a tentative map provided that:

1. An environmental impact report was prepared and certified as complete pursuant to the county CEQA Guidelines; and

2. A statement of overriding consideration is adopted pursuant to § 21081 of the Public Resources Code finding that "specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report."

(Ord. 1821 § 10, 1986; Ord 1523 § 1(part), 1982).

A. A preliminary soils report prepared by a civil engineer registered in California, and based upon adequate test borings, may be required by the building official for any subdivision for which a final map is required by this title.

B. If the building official determines that a preliminary soils report is necessary, the planning commission shall include the preparation of such report as a condition of approval of the tentative map.

C. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required.

D. Such soils investigation shall be done by a civil engineer registered in California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.

(Ord. 1582 § 5, 1983).

(§ 66452.4, § 66451.5(c), § 66475 et seq., § 66411.1)

A. The planning commission shall, by majority vote of its members, approve, conditionally approve, or deny tentative maps. As conditions of approval, the commission may require a dedication of real property within the proposed subdivision for roads, including access and abutter's rights, drainage, public utility and other easements, may require the construction of reasonable off-site and on-site improvements for the parcels being created, and may impose other conditions of approval as the commission deems are necessary to the public health, safety and welfare.

B. The planning commission shall take action on a tentative map within fifty days of the date on which the application is deemed complete. If an environmental impact report is required, the planning commission shall render its report or decision required by this section within forty-five days after certification of the environmental impact report.

C. If the required on-site and off-site improvements are not completed prior to the submittal of the final map, such requirements shall be noted on the final map, including the time by which such requirements are to be completed shall be included in the notation. Such notation shall be recorded on, concurrently with or prior to the final map.

D. Completion of the required improvements shall not be required prior to the submittal of the final map if the subdivider has entered into an agreement with the county to complete such improvements in twelve months or some other mutually agreed time, not to exceed an additional twelve-month period. In any case, construction of the improvements shall be required prior to the issuance of a permit or other grant of approval for development on any proposed new parcel. The performance under any agreement entered into pursuant to this section shall be secured as provided in this title and the Map Act.

(Ord. 1582 § 6, 1983; Ord. 1523 § 1(part), 1982).

(§ 66452.5)

The subdivider or any aggrieved party may appeal the decision of the planning commission, or any conditions thereof, to the board of supervisors. Such appeal shall be in writing and shall be served in person or by certified mail to the clerk of the board of supervisors within fifteen days of the date of the planning commission's action. If not served within such time, the appeal shall be barred. All appeals shall specify the action(s) of the planning commission (i.e., approval of negative declaration, certification of EIR) must be stated as such in the appeal. The appeal must be accompanied by the appropriate fee as set by the board of supervisors. The appeal will not be accepted unless it is accompanied by such a fee. The board of supervisors shall schedule the appeal hearing within twenty-one days from the date of the receipt of the request.

(Ord. 1523 § 1(part), 1982).

A. No subdivision shall be approved with any lots in the subdivision not contained entirely within the special districts having jurisdiction over any portion of the subject property.

B. In the event the boundaries of a lot bisect any special district, the planning commission, or on appeal, the board of supervisors, shall require the subdivider to apply for annexation or detachment of the territory to or from affected special districts pursuant to the requirements of the county of Calaveras local agency formation commission.

(Ord. 1523 § 1(part), 1982).

(§ 66427 et seq.)

No subdivision that involves a conversion of a structure or mobile home park to a condominium, planned unit development or stock cooperative shall be approved until such conversion complies with the Map Act and this title.

A. The planning commission, or on appeal, the board of supervisors, shall not approve a conversion to condominium, planned unit development, stock cooperative or mobile home subdivision, unless the following findings are made:

1. Each of the tenants of the subject property has received written notice from the subdivider pursuant to the Map Act (Section 66427.1 et seq.); and

2. Each of the tenants has received, or will receive as required by a condition of tentative map approval, from the subdivider, a copy of a notice indicating that a public report has been filed with the Department of Real Estate as specified in Government Code Section 66427.1; and

3. Each of the tenants has received from the subdivider one hundred eighty days' written notice of an intent to convert the subject property to a subdivision. Said notice need not be sent one hundred eighty days prior to submittal of the application, however the tentative approval shall include a condition that a minimum of one hundred eighty days from the date the notice was placed in the mails shall expire prior to the submittal of the final map (Section 66427(c)); and

4. Each of the tenants has received from the subdivider a written offer to purchase their lot or building unit at terms equal to or more favorable than terms offered to the general public, said offer to remain in effect for a period of ninety days from the date of the approval of the public report by the department of real estate (Section 66427(d)); and

5. The subdivider has prepared, at his expense, a report indicating the proposed conversion's effect on the supply of rental housing, apartments or mobile home park spaces, and the effect of the proposed conversion on the tenants residing therein (Section 66427.4).

B. The local agency may impose any of the following conditions it deems necessary:

1. Prior to the submittal of the final map, the subdivider may mitigate the conversion's impact on the housing market by providing relocation services for all tenants not purchasing a unit or lot following conversion by payment of moving costs, set-up fees, deposits and required rents in an amount not to exceed five hundred dollars (Section 66452.8(c));

2. Prior to the submittal of the final map, the building official shall report to the planning director that the structure of the building, or design of the mobile home park, is in compliance with the requirements of local regulations, the Uniform Building Codes, and any other such regulations that may apply;

3. Prior to the submittal of the final map, the subdivider shall comply with the notice requirements of the Map Act.

(Ord. 1523 § 1(part), 1982).

(§ 66499.30)

A. Following approval of a tentative map, the subdivider shall proceed to fulfill all conditions to such approval, and shall cause to be prepared and submitted to the department of public works the plans, specifications and other information related to subdivision improvements in accordance with the subdivision standards.

B. No work on any subdivision improvements shall be commenced without the written approval and authorization of the department of public works.

C. No sale or lease of any lot shall be made between the subdivider and any other party until after the recordation of the final map, and approval of the tentative or preliminary public report from the department of real estate.

(Ord. 1523 § 1(part), 1982).

(§ 66433)

The final map shall be prepared by or under the direction of a person authorized to practice land surveying in California. It shall be based on a field survey in accordance with the Land Surveyors Act, and shall conform to all applicable sections of this title, including and not limited to Sections 16.05.150 and 16.05.160, as well as the following provisions:

A. The tract designation and drawings, certificates, acknowledgment, endorsements, offers and acceptances of dedication and notarial seals shall be within the marginal lines. The first sheet of the map shall contain all certificates, including owner's consent to subdivision, and all acknowledgments, endorsements, offers and acceptances of dedication and notarial certificates as required, by the Subdivision Map Act and this title.

B. The title sheet of the final map shall contain the tract number and designation and such other descriptive matter as may be necessary. Below the tract designation shall appear a subtitle, consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps that have been previously recorded or by reference to the plat of a United States Survey. Reference to tracts and subdivisions of the description must be worded identically with original records, and reference to book and page number of record must be complete. The basis of bearing for the survey shall be clearly noted.

C. The final map shall particularly define and designate all lots or parcels, including those reserved for private purposes, all parcels offered for dedication for any purpose, with all dimensions, boundaries and courses clearly shown and defined in every case. No ditto marks shall be used.

D. The map shall show clearly what monuments or other evidences were found on the ground to determine the boundaries of the tract and the names and deed references of owners of adjoining properties.

E. The map shall show all information, data and monuments necessary to locate and retrace any and all exterior boundary lines and lot and block lines. It shall also show bearings and distances of straight lines and radii, central angle and arc length for all curves, and such information as may be necessary to determine the location of the center of curves, bearings and tangent distances and radii, center angle and arc lengths of all lots. Where streets intersect on curves, centerline lengths, radii deltas, and centerline intersection points shall be shown.

F. Wherever the center of a street or alley has been established, the data shall be shown on the final map, indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the fact shall be stated.

G. The map shall show all areas subject to inundation.

H. Each parcel shall be numbered and each block may be numbered and lettered. Each street shall be named.

I. The exterior boundary of the land included within the subdivision shall be indicated in a distinctive manner and clearly so designated. The map shall show the definite location of the subdivision and particularly its relation to surrounding surveys.

J. The total width of all street rights-of-way shall be shown, as well as the widths of rights-of-way for flood control or drainage channels and any other rights-of-way.

K. The map shall show all easements, existing and proposed. Easements for storm drains, sewers, public utilities and other purposes shall be clearly defined. The width of easement and the length and bearings of the lines thereof and sufficient ties to definitely locate the easement with respect to the subdivision must be shown.

L. Road names shall be subject to the approval of the planning department.

(Ord. 1582 § 7, 1983; Ord. 1523 § 1(part), 1982).

(§ 66433)

Final maps shall be based on a field survey made in conformity with the Land Surveyors Act. Monuments shall be a minimum of five-eighths-inch steel rods, thirty inches long where possible.

(Ord. 1523 § 1(part), 1982).

The county surveyor shall receive from each officer or department responsible for checking compliance of the final map with the approved or conditionally approved tentative map, a written report as to the compliance or noncompliance of the map with law as to matters under its jurisdiction. When all letters from departments of concern indicate that all conditions of the approved tentative map are in compliance, the county surveyor shall request time on the agenda of the board of supervisors for final action.

(Ord. 1523 § 1(part), 1982).

(§ 66435 et seq.)

The following statements shall appear on the final map:

A. A signed and acknowledged statement by all parties having record title interest in the subdivided real property, consenting to the preparation and recording of the final map as required by § 66436 of the Subdivision Map Act;

B. A statement by the owners of the subdivided real property offering for dedication to the public those areas designated on the final map to be devoted to public purposes as required by § 66439 of the Map Act;

C. A statement by the surveyor or engineer responsible for the survey and final map, stating the date of the survey, stating that the survey and final map were made by him or her or under his or her direction, that the survey is true and complete as shown, that all the monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified later date, that the monuments are, or will be, sufficient to enable the survey to be retraced;

D. A statement by the county surveyor that he or she has examined the final map, that it is in substantial conformance with the approved tentative map and any alterations thereof that have been previously approved, that all provisions of the Subdivision Map Act and this title have been satisfied, and that he or she is satisfied that the map is technically correct as required by § 66442 of the Subdivision Map Act;

E. A statement by the redemption officer that the requirements of §§ 66492 through 66494 of the Subdivision Map Act relative to the payment of unpaid state, county, city, local taxes or special assessments are in compliance;

F. A statement by the clerk of the board of supervisors indicating that the board has approved the map and accepted or rejected any area offered for dedication to public use as required by Section 66440 of the Subdivision Map Act;

G. Recorder's statement shall state:

I, (Recorder's name) hereby state that I am the County Recorder of Calaveras County, California; that I have accepted the within map for record in my office and do hereby file the same for record therein, Book Number ___ of Subdivisions at Page ___, this ___ day of ________, ___, at ___.M.

H. Any other certificates or statements required by the Subdivision Map Act or this title.

(Ord. 2424 § 10, 1995: Ord. 1523 § 1(part), 1982).

After the county clerk has executed the statement of the approval of the board of supervisors, the final map shall be submitted to the county recorder for recording. Within ten days of submittal for recordation, the county recorder shall accept it for recordation by executing a statement to that effect on the face of the map providing:

A. The subdivider has furnished to the county recorder evidence of title certifying that the names of all persons whose consent is necessary to pass clear title to the land being subdivided, and all acknowledgments thereto, appear on the certificates, consenting to the making of the map and making offers of dedication which are correctly shown on the map;

B. The subdivider has furnished to him or her the original tracing of the map;

C. That there has been compliance with all provisions of the Subdivision Map Act and this title.

(Ord. 2424 § 11, 1995: Ord. 1523 § 1(part), 1982).