Chapter 120.12 — CONDITIONS AND REQUIREMENTS

Sec. 120.12.010. - State law compliance.

The Planning Commission shall not approve any map failing to meet any requirements or conditions imposed by Article 1, Chapter 4, Division 2 of the Government Code (Section 66473 et seq., of the Subdivision Map Act) or this subpart.

(Prior Code, § 9346; Code 1997, § 16.12.010; Ord. No. 3805, § 4, 1988)

Sec. 120.12.020. - General and specific plan compliance.

The Planning Commission shall not approve a map unless it finds that the proposed subdivision together with the provisions for its design and improvement is consistent with the general plan and any adopted specific plan.

(Prior Code, § 9347; Code 1997, § 16.12.020; Ord. No. 3805, § 5, 1988)

Sec. 120.12.030. - Findings requiring disapproval.

The Planning Commission shall deny approval of a tentative subdivision map if it makes any of the following findings:

A.

That the proposed map is not consistent with the applicable general and specific plans;

B.

That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans;

C.

That the site is not physically suitable for the type of development;

D.

That the site is not physically suitable for the proposed density of development;

E.

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat;

F.

That the design of the subdivision or the type of improvements is likely to create serious public health and safety problems or unacceptable fire risks to occupants or adjoining properties;

G.

The Board of Supervisors shall not deny approval of a final map pursuant to Section 66474 of the Subdivision Map Act if a tentative map has been approved for the proposed subdivision and if the Board finds that the final map is in substantial compliance with the previously approved tentative map;

H.

That the design of the subdivision or the type of improvements will conflict with easement, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the approving

authority may approve a map if it finds that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones 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 and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(Prior Code, § 9348; Code 1997, § 16.12.030; Ord. No. 3805, § 6, 1988)

Sec. 120.12.040. - Final map of land project.

The Board shall not approve a final subdivision map for any land project as defined in Business and Professions Code § 1100.5 unless it:

A.

Has adopted a specific plan covering the area proposed to be included with the land project;

B.

Finds that the proposed land project together with the provisions for its design and improvement is consistent with the specific plan for the area.

(Prior Code, § 9349; Code 1997, § 16.12.040)

Sec. 120.12.050. - Waste discharge compliance.

The Commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Water Code § 13000) of the Water Code. In the event that the commission finds that the proposed waste discharge would result in or add to violation of requirements of the Water Quality Control Board, it may disapprove the tentative map or maps of the subdivision.

(Prior Code, § 9350; Code 1997, § 16.12.050; Ord. No. 3805, § 7, 1988)

Sec. 120.12.058. - Private easements; fences.

A.

Any major land division 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, § 16.12.058; Ord. No. 4111, § 1, 1990)

Sec. 120.12.060. - Dedication—Public easement.

There shall be a requirement of dedication of irrevocable offer at dedication of real property within the subdivision for streets, including access rights, public utility easements, including easements for cable television systems, and other public easements. The irrevocable offers may be terminated as provided in Section 66477.2(c) and (d) of the Subdivision Map Act.

(Prior Code, § 9351(1); Code 1997, § 16.12.060; Ord. No. 3841, § 1, 1988)

Sec. 120.12.070. - Same—Waiver of direct access rights.

There may be imposed a requirement that dedications or offers of dedication of streets include a waiver of direct access rights to any street from any property shown on a final map as abutting thereon. If the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

(Prior Code, § 9351(2); Code 1997, § 16.12.070)

Sec. 120.12.080. - Same—Setback from national forest property.

A 30-foot structural setback from National Forest property to provide for structural clearance required under Public Resources Code § 4291(a) and (b) and to recognize the agricultural purposes of National Forest land management is required.

(Prior Code, § 9351(3); Code 1997, § 16.12.080)

Sec. 120.12.090. - Same—Park and recreational uses.

A.

Required.

1.

When a subdivision proposes to or creates lots, the Board of Supervisors may require the dedication of land, the payment of fees in lieu thereof, or a combination of both for park and recreational purposes as a condition of the approval of the final subdivision map when the condition has been imposed as a condition of approval of the tentative map of the subdivision; provided that:

a.

The dedication of land, payment of fees or combinations thereof are in conformity with the goals, objectives and standards contained in the recreation element of the general plan and any applicable specific plans or amendments thereto;

b.

The land, fees or combinations thereof are found to have a reasonable relationship to the use of the park and recreation facilities by the future residents of the subdivision; and

c.

The land, fees or combinations thereof are to be used only for the purpose of providing park or recreation facilities to serve the subdivision.

2.

In the event park and recreational services and facilities are provided by a public agency other than a city or a county, the amount and location of land to be dedicated for active recreational use or fees to be paid shall be jointly determined by the county having jurisdiction and the public agency.

3.

Land or fees required under this section shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if the agency elects to accept the land or fee. The local agency accepting the land or fees shall develop the land or use the fees only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities that serve the subdivision. For the purposes of this section, where land is dedicated by the subdivider, and where improvements are made thereto, the value of the improvements, together with any equipment located thereon, shall be a credit against the calculated land dedication requirement, or fees, or combination thereof.

4.

The County or other local public agency to which the land or fees are conveyed or paid shall develop a schedule specifying how, when and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. Any fees collected under this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they, without any deductions, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bear to the total area of all lots within the subdivision.

5.

The provisions of this section do not apply to commercial or industrial subdivisions nor do they apply to stock cooperatives or condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

6.

Only the payment of fees may be required in subdivisions containing 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.

7.

Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter. However, a condition may be placed on the approval of such a parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

8.

It is found and determined that the public interest convenience, health, welfare and safety require the dedication of land and/or the payment of fees in lieu thereof be required to be devoted to park and recreational purposes as herein provided.

9.

Population density for the purpose of this section shall be determined in accordance with the following:

a.

Single-family dwelling units and duplexes, three persons per dwelling unit within the boundaries of the Cameron Park Community Services District, 3 3/10 persons per dwelling unit within the boundaries of the El Dorado Hills Community Services District, and 2 8/10 persons per dwelling unit throughout the remainder of the County; and

b.

Multiple-family dwelling units, 2 1/10 persons per dwelling unit.

B.

Amount of land to be dedicated.

1.

The amount of land dedicated or fees paid shall be based upon the residential density, which shall be determined on the basis of the approved or conditionally approved tentative map or parcel map and the average number of persons per household. However, the dedication of land, or the payment of fees, or both, shall not exceed the proportionate amount necessary to provide three acres of park area per 1,000 persons residing within a subdivision subject to this section, unless the amount of existing neighborhood and community park area, as calculated pursuant to this subdivision, exceeds that limit, in which case the legislative body may adopt the calculated amount as a higher standard not to exceed five acres per 1,000 persons residing within a subdivision subject to this section.

2.

The amount of land required to be dedicated by a subdivider pursuant to this section shall be based on the total number of lots or units shown on the approved or conditionally approved tentative map in accordance with the provisions set forth in Subsection A.8 and 9 of this section.

3.

The following formula shall be used for calculating the park dedication requirement:

"D" is equal to the number of proposed dwelling units.

"P" is equal to the average population density of the type of dwelling unit (i.e., whether single-family or multiplefamily units as determined by census report).

"CR" is equal to the number of acres as determined pursuant to Subsection B.1 of this section.

"A" represents the land dedication requirement in acres.

a.

The term "dwelling unit" means one or more rooms in a building or structure or portion thereof designed exclusively for residential occupancy by one family for living or sleeping purposes and having kitchen and bath facilities, including mobile homes.

b.

The term "single-family area" means an area of land used for or proposed for detached buildings designed for occupancy by one family.

c.

The term "multiple-family area" means an area of land used for or proposed for residential occupancy in buildings or structures designed for two or more families for living or sleeping purposes and having kitchen and bath facilities for each family including two-family, group, and row dwelling units.

C.

Fee in lieu of land dedications.

1.

Where a fee is required to be paid in lieu of land dedication, the amount of the fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to the ordinance from which this section is derived. The amount of fee shall be the sum equal to the fair market value of the amount of land required in Subsection B of this section.

2.

The following formula shall be used for calculating in lieu of land dedication fees:

A × V = F

"A" is equal to the amount of land required for dedication as provided for in Subsection B of this section.

"V" is equal to the fair market value per acre of the land proposed for subdivision as established by the County Assessor under the terms of this section.

"F" is equal to the fee in lieu of land dedication.

3.

The amount of parkland area required to satisfy the provisions of this section shall be determined as of the time of approving or conditionally approving the tentative map. Where a park in-lieu fee rather than parkland dedication is required, the fee shall be calculated on the amount of parkland area required for the tentative map with the fee amount to be determined based on the fair market value established by the County assessor's office. The fair

market value shall be established at the time a final map or parcel map is submitted, except that where it has been determined by the Department of Planning and Building that the amount of parkland area required is 0.03 acres or less. In such case where the parkland required is 0.03 per acres or less, there shall be a minimum in-lieu fee of $150.00, and the County Assessor will not be required to establish the fair market value.

4.

Where there is an objection to the fair market value, as determined by the Assessor's office, the party filing the objection may, at their own expense, obtain an appraisal of the property by a qualified real estate appraiser. The Board of Supervisors shall determine fair market value in the case of such objections.

D.

Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee or both shall be as follows:

1.

Subdivider. Prior to the filing of a tentative map, the owner of the property shall contact the County and/or the local public agency providing park and recreational services for the area to be subdivided to confer and determine whether a fee should be paid, land should be dedicated, and/or suitability of any land proposed to be dedicated for park land.

2.

Action of County. At the time of the tentative map approval, the Planning Commission shall determine as the part of the approval whether to require the dedication of land within the subdivision, payment of a fee in lieu thereof, or a combination of both except that if park and recreational services and facilities are provided by a public agency other than the County, such determination shall be made jointly by the Planning Commission and such public agency.

3.

Prerequisites for approval of final map. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where fees are required, except as to the collection of in-lieu fees as to other than single-family subdivisions provided for in Section 120.12.110 hereinafter, they shall be paid prior to approval of the final map and required dedications shall be recorded concurrently with the final map.

E.

Determination. Whether the County accepts land dedications or elects to require payment of a fee in lieu thereof or a combination of both, the County determination may include, but not be limited to, consideration of the following:

1.

Recreational element of the County's general plan;

2.

Topography, geology, access and location of land in the subdivision available for dedication;

Size and shape of the subdivision and land available for dedication;

4.

Capital improvement programs of public agencies providing recreational services and facilities as incorporated in the recreational element in the County general plan.

The determination of the Board of Supervisors as to whether land shall be dedicated or whether a fee shall be charged or a combination thereof, shall be required.

F.

Limitations. Dedicated land and fees are to be used for the purpose of providing local park and recreation facilities to serve residents of the subject subdivision. If the general plan of the County calls for a larger park or recreational development within the serving district or County service area containing the subdivision the lands or fees may be applied to local park or recreational facilities within the larger recreational area so long as the use otherwise complies with Government Code § 66477(c).

G.

Credit for privately owned recreation facilities. Where private open space for park and recreational purposes is provided in a planned development, real estate development, stock cooperative, or community apartment project, as defined in Business and Professions Code §§ 11003, 11003.1, 11003.2, 11003.4 and 11004, respectively, and condominiums as defined in Civil Code § 783 and the space is to be privately owned and maintained by the future residents of the subdivision, the areas shall be credited against the requirements of dedication for park and recreation purposes as set forth in this section or the payment of fees in lieu thereof as set forth in this section with a credit allowance ranging from 50 percent to 75 percent of the amount of the required park land dedication or fees in-lieu thereof; provided, the Board of Supervisors finds it is in the public interest to do so and that the following standards are met:

1.

That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of the private open space;

2.

That the private ownership and maintenance of the open space is adequately provided for by written agreement;

3.

That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the Board of Supervisors;

4.

That the proposed private open space is reasonably adaptable for use for park and recreational purposes taking into consideration such factors as size, shape, topography, geology and location of the private open space land;

5.

That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan and are approved by the Board of Supervisors;

6.

Land or facilities which may qualify for credit will generally include the following: parks, playing fields, playgrounds, picnic areas, and golf courses; court areas for tennis, badminton, shuffleboard or similar hard-surfaced areas designed and used exclusively for court games; recreational swimming areas of no less than 1,000 square feet of water surface defined as fenced areas devoted primarily to swimming and diving, including decks, lawned area, bathhouses or other facilities developed and used exclusively for swimming and dividing; recreational buildings, designed and primarily used for the recreational needs of the subdivision residents; special areas such as historic sites, hiking, riding or bicycle trails, lake sites or river beaches. A plan designating the timing of the completion of such private recreation facilities receiving such credit shall be submitted at the time of the final map; and

7.

That private recreational facilities for which credit is given, pursuant to this section, shall be constructed as agreed upon in the subdivision improvement agreement.

H.

Calculation of credit allowance. Credit in excess of the 50 percent allowed under Subsection G of this section may be approved by the Board of Supervisors upon appropriate showing by the applicant.

(Prior Code, § 9351(4); Code 1997, § 16.12.090; Ord. No. 4007, § 1(part), 1989; Ord. No. 4250, 1992; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.12.100. - Same—Acceptance.

At the time the Board of Supervisors approves a final map, it shall also accept, reject or accept subject to improvements any offer of dedication. The Clerk of the Board shall certify on the map the action taken by the Board of Supervisors.

(Prior Code, § 9352; Code 1997, § 16.12.100; Ord. No. 4007, § 1(part), 1989)

Sec. 120.12.110. - Regulations issuance.

The Board of Supervisors may, by resolution, issue regulations to establish administrative procedures, interpretations and policy direction under this chapter.

(Prior Code, § 9353; Code 1997, § 16.12.110; Ord. No. 4007, § 1(part), 1989)

Sec. 120.12.120. - Dedication—Effective date.

Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the County Recorder or a resolution of acceptance by the Board of Supervisors is filed in that office.

(Prior Code, § 9354; Code 1997, § 16.12.120)

Sec. 120.12.130. - Public waterway access.

A.

The Board shall not approve either a tentative or a final map of any subdivision which fronts upon a lake or reservoir owned in part or entirely by any public agency or fronts upon a public waterway, river or stream, which does not provide or have available reasonable public access by fee or easement from a public highway to an water of the lake or reservoir or any portion of the bank of the river or stream bordering or lying within the proposed subdivision.

B.

Reasonable public access shall be determined by the Board of Supervisors.

C.

In making the determination of what is reasonable access, the Board shall consider:

1.

That access may be by highway, foot trail, bike trail, horse trail or any other means of travel;

2.

The size of the subdivision;

3.

The type of riverbank or shoreline and the various appropriate recreational, educational and scientific uses, including, but not limited to: swimming, diving, boating, fishing, waterskiing, scientific exploration and teaching; and

4.

The likelihood of trespass on private property and reasonable means of avoiding the trespass.

D.

Any public access route or routes and any easements provided by the subdivider shall be expressly designated on the tentative and final subdivision maps and the final map shall expressly designate the government entity to which the route or routes are dedicated and its acceptance of the dedication.

E.

This provision may be waived if the Board of Supervisors finds that reasonable public access is otherwise available within a reasonable distance from the subdivision. In the event that the Board of Supervisors chooses this alternative, the finding shall be set forth on the face of the final subdivision map.

(Prior Code, § 9355; Code 1997, § 16.12.130)

CHAPTER 120.16. - IMPROVEMENTS