Del Norte County Municipal Code § 16.04 General Provisions 16.04.10 Purpose 16.04.20 Definitions 16.04.28 Road…

It is the intention of the board of supervisors in enacting this title to adopt, implement and supplement the state Subdivisions Map Act. This title may by cited as the "Land Division Ordinance of Del Norte County." Any section or portion of any section of this chapter which may be in conflict with any current provision of the Subdivision Map Act is repealed.

(Ord. 82-09 § 2 Exh. A(18), 1982; Ord. 79-19 (part), 1979)

Except as provided in this section, definitions contained in the Subdivision Map Act shall control:

1. "Advisory agency" as referred to in this title and in the Subdivision Map Act means the county planning commission.

2. "Appeals board" as referred to in this title and in the Subdivision Map Act means the board of supervisors of the county.

3. "Environmental review committee (ERC)" means the committee which reviews and make recommendations to the advisory (lead) agency with regard to land divisions. The ERC shall be made up of the following members or their delegated representatives:

   1. The county planner who shall act as chairman-secretary to the committee,

   2. The county engineer,

   3. The chief building inspector,

   4. The county assessor,

   5. The agricultural commissioner or the county farm advisor

4. A representative of local Native Americans,

5. The county sanitarian, and

6. A member of the general public appointed by the board of supervisors and paid an amount equivalent to a planning commissioner.

The ERC shall meet at the time and place designated by either the chairman, the planning commission or the board of supervisors. A quorum is five voting members. The ERC shall make a determination of whether an application for land division is complete within thirty days of its initial receipt and shall advise the applicant of such. Subsequent to a determination of completeness an applicant may request that an application before ERC be forwarded to the planning commission at its next regular meeting without delay.

4. "Land division" means any division of land including major and minor subdivisions and lot line adjustments.

5. "Lead agency" as referred to in this title for the purpose of implementing the California Environmental Quality Act with regards to land divisions is the county planning commission.

6. "Major subdivision" means a subdivision of five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels, except where:

   1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body, or

   2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway, or

   3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths, or

   4. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

A parcel map shall be required for those subdivisions described in subsections E1, E2, E3 and E4 of this section.

7. "Minor subdivision" means a subdivision of four or less parcels or where the subdivision meets the criteria established under subsections El, E2, E3 and E4 of this section.

8. "Nontitle information" means that information as defined and described as additional survey and map information in Section 66434.2, Article 2, Chapter 2, Division 2, Title 7 of the California. Government Code (Subdivision Map Act) which is required to be filed or recorded simultaneously with a final or parcel map. Additional survey and map information may include, but not be limited to, building set back lines, flood hazard areas, seismic lines and setbacks, building sites, coastal information, resource areas, sewage disposal areas, geologic mapping, archeological sites, and noise attenuation areas.

9. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a Subdivision for himself or others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

10. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, financing or gift, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Property shall not be considered as contiguous units if contact is a single point. "Subdivision" includes a condominium project as defined in Section 1350 of the Civil Code, or a community apartment project as defined in

Section 11004 of the Business and Profession Code or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this subsection,

• "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

11. "Subdivision improvement standards" means standards of design criteria and construction of subdivision improvements as adopted by the board of supervisors by a resolution or ordinance.

12. "Subdivision Map Act" means the Subdivision Map Act of the state as contained in Division 2 (commencing with Section 66410) of Title 7 of the Government Code.

(Ord. 87-02 §§ 1-2, 1987; Ord. 82-09 § 2 Exh. A(19-22), 1982; Ord. 79-19 (part), 1979)

Subdivisions, as defined in Section 16.04.20F, which include the construction of a new road, shall improve the road to a standard for acceptance into the county-maintained road system and/or shall include a maintenance agreement through a homeowners' association, assessment district, or other mechanism which provides longterm maintenance beyond the initial sale of the subdivision parcels.

(Ord. 91-26 § 8 (part), 1991)

A lot line adjustment is between two or more adjacent parcels where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created and is not a subdivision. Lot line adjustments shall be reviewed and approved by the planning commission.

(Ord. 79-19 (part), 1979)

In cooperation with the State Historic Preservation Office, where it is determined development would adversely affect archaeological resources, reasonable mitigation measures shall be required. The State Historical Preservation Office shall have up to fifteen days upon receipt of county notice to provide review. Reasonable mitigation measures shall be required as a condition of any permit. If in the course of development any archaeological or cultural remains are encountered, work shall cease and the county shall be contacted immediately. An evaluation of the site shall be conducted by the county and any reasonable mitigation measures shall be required prior to commencement of development.

(Ord. 83-03 (part), 1983)

Hillsides are geologic features of the natural landscape located between the base or foot of a hill or mountain and its summit. River terraces and coastal bluffs which have a geologic investigation and report within areas of demonstration are not included within the definition of hillside lands (they are subject to their own standard of review). The following criteria apply to hillside lands which in general have a slope grade of ten percent or greater and a minimum height difference of fifty feet or greater in elevation between the base and the summit:

1. No development shall occur on land over thirty percent prior to grading. For the purposes of this section, development includes the building site, sewage disposal areas, accessory buildings, and the driveways to the building site and access roads to the site(s). Exceptions for driveways and access roads, refer to subsection B of this section.

2. Driveways and access roads, approved as part of the engineered road improvement plan, may be permitted across slopes of thirty percent or greater where it is demonstrated by the engineer that such crossings have been limited to the maximum extent possible and that relocation or realignment is not practical. These driveways and access roads shall not exceed a ratio of four hundred feet of length for each twenty thousand square feet of developable land served by the subject access road or driveway.

3. Areas proposed for hillside development, as defined above, shall be assessed by an engineer or geologist as to slope stability, soils risks, erosion hazard, and other slope risk factors.

4. No development, as defined in subsection A of this section, shall occur in areas with a slope of twenty to thirty percent which are assessed by an engineer or geologist as having high to very high soils risks.

5. Any lot approved shall have a delineated contiguous area of twenty thousand square feet of developable land or two immedi ately adjacent areas that total twenty thousand square feet of developable land of which one must be at least fifteen thousand square feet in area. The purpose of this area is to locate the residence, sewage disposal areas, and any accessory buildings.

6. The aggregate density for any hillside project shall not exceed one residential unit per two acres for the gross acreage of the project.

7. All hillside parcels shall provide for a minimum setback of thirty feet for buildings and accessory buildings from all property lines.

(Ord. 91-26 § 8 (part), 1991)

Where development within the California Coastal Zone requires the issuance of an entitlement pursuant to this title, the entitlement shall serve as the coastal development permit, subject to compliance with this title; except that:

1. No person who has obtained a vested right in a development, as determined by the Coastal Commission, prior to the effective date of this chapter or who holds a valid permit from the California Coastal Commission pursuant to the California Coastal Act of 1976 shall be required to secure approval for the development pursuant to this chapter; provided, however, that no substantial change may be made in any such development without prior approval having been obtained under this title; and

2. Any person who holds a valid entitlement issued by the county of Del Norte issued prior to the effective data of this chapter but does not meet the requirements of subsections A of this section shall within one year of the effective date reapply to the county as if for a new entitlement.

Where no substantial change is made in the project the following shall apply:

1. Repetition of review pursuant to the California Environmental Quality Act May be waived; and

2. The project shall only be reviewed for consistency with the certified local coastal program and shall be approved if consistency is affirmed. Such approval may include coastal program consistency; and

3. The effective date of the entitlement shall be the date of final action regarding the reapplication.

(Ord. 83-03 (part), 1983)

1. Rural areas shall be those nonurban areas designated by the general plan coastal element land use plan. Those areas shall be divided into five separate and distinct sections as set forth in the land use plan and shall be known as:

   1. Planning Area No. 1, Ocean View Drive.

   2. Planning Area No. 2, Smith River Area.

   3. Planning Area No. 3, Lake Earl Area.

   4. Planning Area No. 4, Crescent City.

   5. Planning Area No. 5, Klamath Area.

2. In the above rural areas, new development shall be required to prove the subject area's ability to accommodate such development prior to approval. Both major and minor subdivisions shall be permitted when fifty percent of the useable parcels in the areas have been developed and the created parcels would not be smaller than the average size of the surrounding parcels. To determine if this criteria is met, the following shall apply:

   1. Useable parcels does not include (1) parcels committed to agricultural and designated as such in the land use plan (2) parcels committed to timberland and designated as such on the land use plan (3) parcels or portions of parcels committed to the resource conservation area for purposes other than compliance with zoning district minimum yard regulations, traffic safety visibility standards, setbacks from geologically unstable areas, buffers around environmentally sensitive habitat areas floodway management, or other such siting restrictions required by certified LCP.

   2. To determine if the fifty percent rule has been met, a survey of the existing parcels in each planning area (delineated on the land use maps) will need to be conducted. If fifty percent or more of the existing lots are developed, then the land division may be processed.

   3. The local coastal program zoning plan designates the minimum lot size for parcels in each planning area. As these minimum lot sizes are reflective of the average size of lots in each area, the minimum lot size designated by the zoning district standards in which the proposed land division is located establishes the average size for new development.

3. This section is not applicable to lands designated as agriculture, timber or resource conservation area by the general plan. Any specific criteria set forth by the respective zoning district regulations and the balance of this title shall still apply.

(Ord. 2004-004 § 2, 2004; Ord. 83-03 (part), 1983)

Any offer to sell or lease, contract to sell or lease, sale or lease or financing or deed of conveyance made contrary to the provisions of this title, the Subdivision Map Act and/or the California Coastal Act of 1976, for a subdivision creating five parcels or more, and any sale, lease or financing or deed of conveyance made contrary to the above provisions for a subdivision creating four parcels or less, shall be a misdemeanor and any person, firm, corporation, partnership or copartnership, upon conviction thereof, shall be punishable by a fine of not less than twenty-five dollars and not more than five hundred dollars, or by imprisonment in the County Jail for a period of not more than six months, or by such fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable or summary remedy to which the county or other political subdivision, or any person, firm, corporation, partner ship or copartnership may file a suit in the Superior Court of the county to restrain or enjoin any attempted or proposed sub division or sale in violation of this title.

(Ord. 83-03 (part), 1983)

• 16.04.42 Correction And Modification Of A Recorded Subdivision Map

  1. A recorded final or parcel map may be amended to correct technical errors or omissions as set forth in Government Code Section 66469.

  2. Upon application in writing, minor modifications regarding notes, conditions, etc., on a recorded final or parcel map may be made in accordance with the requirements of Section 66472.1 by the Planning Commission, if, after public hearing, the local agency makes the following findings:

     1. That there are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary; and

     2. That the modifications do not impose any additional burden on the present fee owners of the property; and

     3. That the modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

     4. That the map as modified confirms to all of the provisions of the Subdivision Map Act and local implementing ordinances.

  3. The hearing shall be confined to consideration of and action on the proposed modification.

  4. The amended map or certificate of modification shall be accompanied by proof of ownership and documentation listing those with a record title interest in the property.

(Ord. 2022-002)