El Dorado County Municipal Code Ch. 120.36 General Provisions

This subpart shall be known and cited as the County Minor Land Division Ordinance.

(Prior Code, § 9601; Code 1997, § 16.36.010)

The ordinance from which this subpart is derived is enacted for the purpose of implementing the Subdivision Map Act. The Board of Supervisors as the adoptive agency and authority assigns the duties outlined within this subpart to the County Planning Commission, Director of Planning and Building and the County Surveyor, as more specifically set forth herein.

(Prior Code, § 9602; Code 1997, § 16.36.020; Ord. No. 5051, § 2, 4-18-2017; Ord. No. 5162, § 1, 8-23-2022)

A. This subpart shall govern the division of any and all land within the unincorporated territory of the County where four or fewer parcels, condominium units or community project apartments are created.

B. This subpart shall also govern the division of such land where five or more parcels, condominium units or community project apartments are created but only 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 Board of Supervisors;

2. 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;

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 40 acres or is not less than a quarter of a quarter section.

C. This subpart shall be inapplicable to:

1. A "major land division" as defined in Section 120.04.030;

2. The financing or leasing of apartments, offices, stores or similar space within an apartment building, industrial building or trailer park; mineral, oil or gas leases; land dedicated for cemetery purposes under the Health and Safety Code and to the adjustment of parcel lines not creating a separate building site or where the total number of ownerships are not increased between the principals involved, provided the adjustment is approved by the Department of Planning and Building in concurrence with the County Surveyor, as authorized by resolution of the Board of Supervisors;

3. The sale, lease or financing of property if the property had been assigned a separate parcel number on the County assessment roll as of March 4, 1972;

4. The conveyance of land to a governmental agency, public entity or public utility;

5. Agricultural leases as defined in Government Code § 66424.

(Prior Code, § 9603; Code 1997, § 16.36.030; Ord. No. 4244, 1992; Ord. No. 5051, § 2, 4-18-2017)

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

Access means a road leading from a State- or County-maintained road to the subdivision. Such access road shall meet established improvement standards per Subdivision Design and Improvement Standards Manual and shall have guarantee of access to the project pursuant to Section 120.44.120.

Appeals Board means the final appeals board, which is the Board of Supervisors.

Approving authority means the Director of Planning and Building or his or her designee.

Approved access means roads which meet the standards set forth in this title.

Building site means a parcel or lot of land containing not less than the prescribed minimum area required by the County zoning regulations set forth in Title 130 or other applicable local ordinances existing at the time of the creation of the lot or parcel and occupied or intended to be occupied by buildings or structures.

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

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, court decree, or intestate or testamentary disposition, with the exception of those land divisions defined in Section 120.36.030.C.

Improvement refers to such street work and utilities to be installed or agreed to be installed by the divider 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 of the approval and acceptance of the parcel map thereof. Improvement also refers to such other specific improvements or types of improvements, the installation of which either by the divider, 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 or any specific plan adopted pursuant to Article 8 (commencing with Government Code § 65450) of Chapter 3 of Division 1 of the Government Code.

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

Preliminary map means a generalized document which will allow the feasibility and practicality of the division of a tract of land to be assessed informally in regard to its suitability for division. A preliminary map will be required in cases where five or more parcels are proposed to be created. This requirement is based upon the increasing complexity of parcel map processing as required by the State and the County. This map shall be submitted pursuant to local ordinance and shall not be considered a tentative map for the purposes of compliance with the Subdivision Map Act (Government Code § 66410 et seq.). See Section 120.20.030 for the specific requirements for the submission of preliminary map.

Preliminary title report means a preliminary title report with off-tract easements appurtenant to the subdivision for access from a publicly maintained road.

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.

Streets includes highways and refers to land primarily devoted to vehicular traffic use and 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, court, circle, drive, way or other similar terms.

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

(Prior Code, § 9604; Code 1997, § 16.36.040; Ord. No. 3395, § 1, 1983; Ord. No. 3449, § 1, 1984; Ord. No. 3641, § 1, 1986; Ord. No. 3805, § 12, 1988; Ord. No. 4448, 1997; Ord. No. 5051, § 2, 4-18-2017)