§ 120.48

Any recommendation imposing a burden on the applicant generated during the processing of a tentative map by any County staff prior to a hearing by the Planning Commission or Board of Supervisors shall be in writing and a copy shall be provided to the divider or agent at least three days prior to the hearing or action on the map by the Commission or Board.

(Prior Code, § 9611; Code 1997, § 16.48.040)

Sec. 120.48.050. - Review by agencies other than County departments.

A.

Where a local agency desires to make recommendations concerning proposed divisions in adjoining unincorporated territory, and the divisions would be within three miles of the exterior boundary of the agency, the agency may file with the Department of Planning and Building a map indicating the territory in which it desires to make such recommendations. On receiving such a territorial map, the Director of Planning and Building shall issue a receipt for it and thereafter transmit to the official designated by the local agency one copy of each tentative map of divisions located wholly or partially within the specified territory. Thereafter the local agency receiving the tentative map shall make its recommendation to the Department of Planning and Building within 15 days of its receipt of the map. Any such recommendations shall be considered by the Director of Planning and Building or the Planning Commission before taking action on the map.

B.

Tentative maps may be submitted to the Office of Intergovernmental Management, pursuant to Government Code § 65040.11, for an evaluation of the environmental impact of the proposed division. If the proposed division is a land project as defined by Business and Professions Code § 11000.5, the submission must occur prior to approval of the map.

(Prior Code, § 9612; Code 1997, § 16.48.050; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.48.060. - Approval procedure.

A.

Within 50 days of the receipt of a complete application as defined by Government Code § 65943, a public hearing shall be held to consider the approval or denial of the tentative parcel map. The time limitation may be reasonably extended with the applicant's concurrence, or when otherwise provided by law. The Director of Planning and Building, or his or her designee, shall hold the public hearing and shall serve as the approving authority. At the conclusion of the hearing, the Director of Planning and Building, or his or her designee, shall:

1.

Approve, conditionally approve, or deny the tentative map as to design, area, road access, flood and drainage control or any other consideration as may be required under the provisions of any ordinance or the Subdivision Map Act;

2.

Approve or deny any design waivers requested pursuant to Section 120.40.010;

Make all appropriate findings supporting the decision and notify the applicant in writing of the decision and findings. In the event of denial, the notice shall specifically enumerate the reasons for denial.

B.

Where a tentative parcel map is submitted concurrently with an application for zone change, the Planning Commission shall hold the public hearing together with the hearing on the zone change. At the conclusion of the hearing, the Planning Commission shall take action on the parcel map as enumerated in Subsection A of this section.

C.

Any decision by the Planning Commission, Director of Planning and Building, or his or her designee, may be appealed to the Board of Supervisors by the applicant or by any person adversely impacted by the decision. Such an appeal must be filed in writing with the Department of Planning and Building within ten working days of the decision on a standardized form and accompanied by a fee as established by the Board of Supervisors. The appellant shall clearly identify on the appeal form the specific reasons for the appeal. The Board of Supervisors shall consider on appeal all issues raised by the appellant. The Board of Supervisors may consider other relevant issues related to the tentative map. The Clerk of the Planning Commission shall set a hearing before the Board within 30 days of receipt of the completed appeal form and fee. The decision by the Board of Supervisors shall be final.

(Code 1997, § 16.48.060; Ord. No. 3805, § 20, 1988; Ord. No. 4152, § 4, 1991; Ord. No. 4318, 1993; Ord. No. 4448, 1997; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.48.065. - Notice requirements and procedures.

A.

This section implements greater public notice requirements than the prescribed requirements in California Government Code § 65090—65095. The public notice requirements and procedures for parcel map applications are set forth below in Table 120.48.065.1 (Parcel Map Notice Requirements and Procedures). Public notice regarding projects will be mailed to nearby property owners according to the distance radius from the project site parcel boundary as specified in these tables. If the project has multiple actions with conflicting distances radii, then the greater distance radius shall apply.

B.

The notice shall be mailed at least ten days prior to the hearing to any person who has filed a written request for notice either with the clerk of the governing body or with any other person designated by the governing body to receive these requests. The local agency may charge a fee, which is reasonably related to the costs of providing this service, and the local agency may require each request to be annually renewed. As used in this chapter, "person" includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission (Government Code § 65092).

C.

The failure of any person or entity to receive notice pursuant to this title shall not constitute grounds for any court to invalidate the actions by the Zoning Administrator, Planning Commission, and/or Board of Supervisors for which the notice was given (Government Code § 65093).

D.

Any public hearing conducted under this title may be continued from time to time (Government Code § 65095). If a hearing on a project is continued to a date certain, no additional public notice is required. Projects continued off calendar require new public notice.

Table 120.48.065.1. Parcel Map Notice Requirements and Procedures

5 Lots are defined in Section 120.53.020—Definitions.

(Code 1997, § 16.48.065; Ord. No. 3805, § 22, 1988; Ord. No. 5026, § 1, 9-15-2015; Ord. No. 5051, § 2, 4-182017; Ord. No. 5128, § 2, 9-1-2020)

CHAPTER 120.52. - PARCEL MAPS

Sec. 120.52.010. - Preparation.

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:

A.

It shall be legibly drawn in black India drawing ink or by a process guaranteeing a permanent record in black India drawing ink on tracing cloth or polyester drafting film of a thickness of four milligrams. Certificates may be legibly stamped or printed upon the map with permanent black India drawing ink.

B.

The size of each sheet shall be 18 inches by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

C.

Each parcel shall be numbered or lettered.

D.

The exterior boundary of the land included within the division shall be indicated by heavy lines.

E.

The map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey, but only by reference to the existing record boundaries of the remainder if the remainder has a gross area of five acres or more.

F.

A certificate, signed and acknowledged by all parties having any record title interest in the real property divided consenting to the preparation and filing of the parcel map is required in the form as shown in Sections 120.52.075 and 16.52.076.

G.

The scale of the final parcel map shall be one inch equals 20 feet, one inch equals 50 feet, one inch equals 100 feet, one inch equals 200 feet or one inch equals 400 feet.

H.

The parcel map shall be labeled as a parcel map in the heading identifying section, township and range and prior parcel maps, if any.

I.

The tentative map number and date approved by the Planning Division shall be shown in the lower right-hand corner.

J.

The location, nature and type and marking thereon of all monuments found shall be shown, including all monuments required.

K.

Standards for mapping and drafting will be as set forth in the ordinance from which this chapter is derived or the Subdivision Design and Improvement Standard Manual.

(Prior Code, § 9620; Code 1997, § 16.52.010; Ord. No. 3457, § 2, 1984; Ord. No. 3641, § 9, 1986)

Sec. 120.52.015. - Map checking data.

The surveyor or engineer shall submit the following:

1.

Two check prints of the map;

2.

One copy of the parcel map guarantee of access verifying the easements in this section and as required in Section 120.48.030.S;

3.

One copy of all documents used to determine on-site and off-site easements as cited in the title report;

4.

One copy of a full-scale Assessor's map;

5.

One copy of the mathematical closures for the outside perimeter and for each parcel created.

(Code 1997, § 16.52.015; Ord. No. 3641, § 10, 1986)

Sec. 120.52.020. - Waiver.

When in the opinion of the Planning Commission unique and justifiable circumstances exist, they may waive the requirement for a parcel map. In such cases, the Commission must make the finding that the proposed division of land complies with the requirements as to area, improvement, design, flood and drainage control, appropriate improved public roads, sewage disposal facilities, water supply availability, environmental protection, required certificates and any other requirements which are imposed by Division 2, Title 7 of the Government Code or this subpart.

(Prior Code, § 9621; Code 1997, § 16.52.020)

Sec. 120.52.030. - Survey—Required.

A.

Before the final map of a parcel map can be prepared or submitted, an accurate and complete boundary survey of the lots, roads, easements, and boundaries of the subject parcel(s) must be made by a civil engineer registered in the State or a licensed land surveyor. The survey is to be in compliance with the California Land Surveyor's Act.

B.

The parcel map shall be based upon a field survey made in conformity with the Land Surveyor's Act, or be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location of at least one of these boundary lines can be established from an existing monumented line excluding remainders.

C.

If a field survey was performed, the parcel map shall contain a certificate by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced.

(Prior Code, § 9622; Code 1997, § 16.52.030; Ord. No. 3641, § 11, 1986; Ord. No. 5258, § 5, 4-21-2026)

Sec. 120.52.040. - Same—Allowable error.

A traverse of the exterior boundaries of the parcel map and of each parcel therein, when computed for field measurements on the ground, must close within a limit of error of one foot in 3,000 feet of perimeter. The civil engineer or land surveyor must furnish the County Surveyor at the time the parcel map is submitted to him or her for his or her certificate, the traverse sheets showing mathematical closure, within the allowable limits of closure. On curves, closure shall be by chord measurement. Other detail maps as may be required shall be furnished as may be required for accurate checking.

(Prior Code, § 9623; Code 1997, § 16.52.040)