§ 120.44

Maps failing to meet the 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 shall not be approved. The provisions of law applicable at the time of approval of the tentative map shall govern. However, a technical or inadvertent error may be excused if it is found that it does not materially affect the validity of the map.

(Prior Code, § 9700; Code 1997, § 16.44.010)

The approving authority shall not approve a tentative map unless the approving authority finds that the map, together with the provisions for its design and improvements, is consistent with the general plan and any applicable specific plan required by Government Code § 65450.

(Prior Code, § 9701; Code 1997, § 16.44.020; Ord. No. 3805, § 14, 1988)

The approving authority shall not approve a tentative map if the approving authority makes any of the following findings:

A.

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

B.

That the design or improvement of the proposed division is not consistent with 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 division or the proposed improvements are likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat;

F.

That the design of the division or the type of improvements is likely to cause serious public health hazards;

G.

That the design of the division or the improvements are not suitable to allow for compliance of the requirements of Public Resources Code § 4291;

H.

That the design of the 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. 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, § 9702; Code 1997, § 16.44.030; Ord. No. 3805, § 15, 1988)

The approving authority shall not approve a parcel map for any land project as defined in Business and Professions Code § 11000 et seq., unless:

A.

The County has adopted a specific plan covering the area proposed to be included within the land project; and

B.

The approving authority 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, § 9703; Code 1997, § 16.44.040; Ord. No. 3805, § 16, 1988)

The approving authority shall determine by consultation and written verification from the Director of Environmental Health or Central Valley Water Quality Control Board whether the discharge of waste from the proposed division into an existing community sewer system would result in violation of existing requirements prescribed by a California Water Quality Control Board pursuant to Division 7 (commencing with Water Code § 13000) of the Water

Code. In the event that the approving authority finds that the proposed waste discharge would result in or add to violation of requirements of the Water Quality Control Board, the approving authority may disapprove the tentative map or maps of the division.

(Prior Code, § 9704; Code 1997, § 16.44.050; Ord. No. 3805, § 17, 1988)

A.

Public easements. Either a dedication or irrevocable offer of dedication of real property within the division for streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements, may be required for the expansion of the existing County road system.

B.

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 such street from any property shown on parcel map as abutting thereon and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

(Prior Code, § 9705; Code 1997, § 16.44.060; Ord. No. 3641, § 2, 1986)

Upon presentation of a parcel map the County Surveyor may accept or reject dedications and offers of dedication that are made by certificate on the map or by separate instrument.

(Prior Code, § 9706; Code 1997, § 16.44.070; Ord. No. 3641, § 3, 1986)

If at the time the parcel map is approved any streets, paths, alleys or storm drainage easements are rejected, the offer of dedication shall remain open and the Board may, by resolution at any later date, and without further action by the divider, rescind its action and accept and open the streets, paths, alleys or storm drainage easements for public use, which acceptance shall be recorded in the office of the County Recorder.

(Prior Code, § 9707; Code 1997, § 16.44.080; Ord. No. 3641, § 4, 1986)

The offers of dedication on a parcel map shall not be effective until the parcel map is filed or, where applicable, a separate instrument is recorded in the office of the County Recorder.

(Prior Code, § 9708; Code 1997, § 16.44.090; Ord. No. 3641, § 5, 1986)

A.

Any minor land division into parcels of less than 20 acres 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, § 16.44.092; Ord. No. 4111, § 2, 1990; Ord. No. 4263, 1992)

A.

The Director of Planning and Building shall not approve a tentative map or authorize the filing of a parcel map of any proposed division which 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 that portion of the bank of the river or stream bordering or lying within the proposed division.

B.

Reasonable public access shall be determined by the Director of Planning and Building. In making the determination of what is reasonable access, he or she shall consider all of the following:

1.

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

2.

The size of the division;

3.

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

4.

The likelihood of trespass on private property and reasonable means of avoiding such trespass;

5.

A public waterway, river or stream, for the purposes of this section, means those waterways, rivers and streams defined in Harbors and Navigation Code §§ 100 through 106, any stream declared to be a public highway for fishing pursuant to Government Code §§ 25660 through 25662, the rivers listed in Fish and Game Code § 1505 as spawning areas, all waterways, rivers and streams downstream from any State or Federal salmon or steelhead fish hatcheries.

(Prior Code, § 9800; Code 1997, § 16.44.100; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.44.110. - Reserved. Sec. 120.44.120. - Design criteria.

All design criteria and improvements made or installed in conjunction with the approval of a tentative parcel map shall conform to the standards and specifications contained or referred to in the Subdivision Design and Improvement Standards Manual, which shall be adopted and amended by resolution of the Board of Supervisors.

A.

All land divisions shall establish parcels consistent with the zoning regulations applicable to the area where the parcels are located and shall be consistent with applicable general and specific plans.

B.

Right-of-way.

1.

On-site.

a.

A 50-foot minimum width on-site public road and utility easement shall be irrevocably offered for dedication to the County to serve all parcels being created. Such easement may be extended, at the County's discretion, to the limits of the property in order to provide an orderly vehicle circulation system to and for adjacent properties. All cuts and fills necessary for the roadway which are outside the basic right-of-way width shall be included in an easement or increased right-of-way width.

b.

When the approving authority finds there is no future need for public access, on-site rights-of-way which serve only the parcels being created may be private, non-exclusive road and public utility easements.

2.

Off-site. The parcels proposed in the subdivision shall have access to a State- or County-maintained road. Proof of access, as defined in Subsection B.2.a of this section, shall be a condition placed on a tentative map. Proof of access may be shown as follows:

a.

A recorded easement or court judgment as shown on a guarantee of record provided by a title company which provides for legal access to all parcels being created. The description of said easement shall be sufficient to identify its location and alignment.

b.

Access rights-of-way on land owned by a public entity or railroad may be documented by other than the above method, subject to County approval.

C.

The minimum width of easements or road bed improvements may be modified upon the approval of the approving authority.

D.

The approving authority may, due to the zoning potential of further divisions, require that a property owners' association be created and caused to be responsible for road maintenance.

E.

When an applicant proposes to create parcels in all other areas, any one of which is less than 40 acres or less than a quarter-quarter section or five or more parcels, he or she shall construct and improve a road which conforms to the standard, as set forth in the Subdivision Design and Improvement Standards Manual, to serve each parcel to be created. Where the findings set forth in Section 66411(1) and (2) of the Subdivision Map Act are made by the approving authority, construction of the road shall be completed within one year of the date of the filing of the parcel map and the applicant shall furnish security for the performance of the construction as set forth in Section 120.52.110. Where the findings referred to in this subsection are not made, an instrument giving constructive notice of the requirement of construction of the road shall be executed and recorded as set forth in that section. Covenants, conditions and restrictions providing for common maintenance of the improved roads shall be approved by the County Counsel and shall be recorded at the time of filing of the parcel map.

F.

When five or more parcels are proposed, they shall be conditioned upon the improvement of all required roads to the standards set forth in the Subdivision Design and Improvement Standard Manual.

G.

When the proposed roads in a land division are required to be improved, the respective easements shall be offered for dedication or for public service use dedication. A property owners' association or a similar entity may be created and caused to be responsible for maintenance of the roads and at such times as the roads are improved to County standards and accepted by the County for maintenance, they shall be dedicated to public use.

H.

Drainage preservation areas shall be established so as to preserve and protect the natural drainageways. The natural drainage courses shall be maintained in the original channel or in a constructed channel designed to accept flows normal to a 50-year storm.

I.

Utility easements shall be established and be continuations of existing utility easements.

J.

Land divisions shall be designed so as to protect existing wells and septic systems except for those facilities to be abandoned.

K.

Where mutually agreed upon between the Director of Planning and Building and the applicant, the Planning Commission may, due to the size, location and/or nature of the proposed land division, initiate rezoning of the parcel map area to an appropriate zone consistent with the parcels being created.

L.

When one or more parcels of 4.5 acres or smaller is proposed to be created, the property shall be supplied with either:

1.

Domestic water supplied by a public entity with a minimum six inch water line to the property being divided and immediate service available to each parcel being created; or

2.

Sewer services supplied by a public entity. The service shall be to each parcel being created and ready for immediate service.

M.

When one or more parcels of nine acres or smaller is proposed to be created, the property shall be supplied with structural fire protection. The requirements for structural fire protection are contained in the Subdivision Design and Improvement Manual.

N.

Commercial or industrial parcel.

1.

When an applicant proposes to create commercial or industrial parcels, the roads shall be constructed and improved in accordance with the "Commercial and Industrial Roadway Standards" contained in the Subdivision Design and Improvement Manual.

2.

Streets for any lands industrially and/or commercially zoned shall be improved to Class 1 improvement requirements, except the pavement and base shall be increased to provide base at least eight inches thick and pavement at least three inches thick. Refer to the Subdivision Design and Improvement Standard Manual.

O.

All parcel map roads shall be inspected and approved by the County.

P.

Off-site access improvement. Off-site access required to serve the subdivision shall be improved to standards as specified in the Subdivision Design and Improvement Standard Manual.

(Prior Code, § 9900; Code 1997, § 16.44.120; Ord. No. 3174, § 8, 1981; Ord. No. 3291, § 1, 1982; Ord. No. 3641, § 7, 1986; Ord. No. 3805, § 18, 1988; Ord. No. 4151 § 1, 1991; Ord. No. 5051, § 2, 4-18-2017)

A.

Designated remainders shall conform to the minimum parcel requirements of the zoning regulations set forth in Title 130.

B.

A conditional certificate of compliance, pursuant to Government Code § 66499.35(b), shall be required prior to development of a designated remainder. As a condition of approval of a tentative parcel map creating a remainder, a notice of restriction shall be recorded on the remainder concurrently with the parcel map. Said notice shall state that no permit or other grant of approval for development may be issued until a certificate of compliance is recorded.

C.

If the gross area of the remainder is five acres or more, that remainder parcel need not be shown on the final or parcel map; and its location need not be indicated as a matter of survey but only by deed reference to the existing boundaries of the remainder parcel.

(Code 1997, § 16.44.140; Ord. No. 4448, 1997)

CHAPTER 120.48. - TENTATIVE MAPS