§ 120.04

This subpart shall be known and may be referred to in all proceedings as the County Major Land Divisions Ordinance.

(Prior Code, § 9311; Code 1997, § 16.04.010)

The design, improvement, maps and sale of subdivisions are governed by the Real Estate Act (Business and Professions Code § 11000 et seq.), the Subdivision Map Act (Government Code § 66410 et seq.) and the provisions of this subpart. The ordinance from which this subpart is derived is enacted pursuant to the authority of the Subdivision Map Act to provide additional standards governing the design, improvement, survey and official maps of major land divisions to ensure that growth and development of the County is orderly.

(Prior Code, § 9312; Code 1997, § 16.04.020)

This subpart shall govern the division of any and all land within the unincorporated territory of the County. A tentative and final map shall be required for all subdivisions creating five or more parcels or condominiums as defined in Civil Code § 783 or a community apartment project containing five or more parcels except where:

A.

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;

B.

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway;

C.

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

D.

Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section;

E.

A parcel map shall be required for those subdivisions described in Subsections A, B, C and D of this section.

(Prior Code, § 9313; Code 1997, § 16.04.030)

Unless a division of land falls within an exception this subpart shall apply. However, this subpart shall be inapplicable to:

A.

The financing or leasing of apartment, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;

B.

Mineral, oil or gas leases;

C.

Land dedicated for cemetery purposes under the provisions of the Health and Safety Code of the State; or

D.

Land deeded to a governmental agency.

(Prior Code, § 9313.1; Code 1997, § 16.04.040)

When used in this subpart, the following words and phrases shall have the following meanings, unless the context or subject matter otherwise requires:

Approving authority refers to the body designated by ordinance as the body to give original approval to any application.

Building site means a parcel or lot containing not less than the prescribed minimum area required by any applicable subdivision or zoning ordinance and regulations existing at the time of the creation of the lot or parcel and occupied or intended to be occupied by buildings or structures.

Class 1 subdivision refers to major land divisions creating lots having improvements to full County standards.

Design means:

Street alignments, grades and widths;

2.

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3.

Locations and size of all required easements and rights-of-way;

4.

Fire roads and firebreaks;

5.

Lot size, access and configuration;

6.

Traffic circulation;

7.

Grading;

8.

Land to be dedicated for park or recreational purposes; and

9.

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the general plan required by Article 5 (commencing with Government Code § 65300) of Chapter 3 of Division 1 of the Government Code or any specific plan adopted pursuant to Article 9 (commencing with Government Code § 6545) of Chapter 3 of Division 1 of the Government Code.

Design manual means the County design manual as adopted by resolution of the Board of Supervisors.

Division, division of land and divided mean any separation of land into two or more parts or parcels accomplished by deed, including gift deed, contract of sale, lease, conveyance of right-of-way, court decree, intestate or testamentary disposition, excepting any such conveyance made for the purpose of locating or adjusting boundary lines between two parcels which does not result in the elimination or creation of new building sites.

Final map refers to a map prepared in accordance with the provisions of the Subdivision Map Act and this subpart which map is to be filed in the office of the County Recorder.

Improvement refers to the streets, utilities and facilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. The term "improvement" also refers to the

cilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. The term "improvement" also refers to the

other specific improvements or types of improvements the installation of which either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan required by Article 5 (commencing with Government Code § 65300) of Chapter 3 of Division 1 of the Government Code or any specific plan adopted pursuant to Article 8 (commencing with Government Code § 65450) of Chapter 3 of Division 1 of the Government Code.

Preliminary map refers to 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.

Remainder or designated remainder means that portion of improved or unimproved land proposed to be subdivided that is not divided for the purpose of sale, lease, or financing. Said designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.

Rural subdivision refers to major land divisions creating lots of two acres or larger and meeting the improvement standards as set forth in the County design manual. The County will not participate in the cost of construction of the subdivision improvements.

Street refers to land devoted primarily to vehicular traffic uses extending to the boundaries of the right-of-way of the adjoining owner whether designated as a highway, freeway, throughway, thoroughfare, avenue, boulevard, road, parkway, lane, alley, place, circle, drive, way or other similar terms.

Subdivider refers to a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or herself or for others.

Tentative map refers to a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

(Prior Code, § 9314; Code 1997, § 16.04.050; Ord. No. 3382, § 1, 1983; Ord. No. 3805, § 1, 1988; Ord. No. 4448, 1997)