El Dorado County Municipal Code Ch. 120.48 Tentative Maps

A. Prior to any division of lands as defined in Section 120.36.030, the landowner or his or her agent shall file for approval with the Department of Planning and Building an application on a form provided by the Department, accompanied by a fee established by resolution of the Board of Supervisors. Sufficient copies of the tentative map depicting the information set forth in Sections 120.48.020 and 120.48.030 shall be submitted.

B. When application not required.

1. Whenever a parcel map is required pursuant to Government Code § 66426(C) and Section 120.04.030 for the subdivision of property which is included in an approved development plan pursuant to Chapters 130.02 and 130.04, a tentative parcel map application shall not be required provided that the Director of Planning and Building finds the following conditions exist:

a. The parcel map is in conformity with the approved development plan and any applicable conditions imposed as a part of said approval;

b. Substantial changes have not occurred with respect to the circumstances under which the development plan was approved which would raise new concerns not discussed in the action on the development plan;

c. No new information of substantial importance which was not known at the time of approval of the development plan has been presented which could affect the design or improvements required for the parcel maps; and

d. The parcel map does not create any significant environmental impacts that were not previously addressed with the approval of the development plan.

2. When the Director of Planning and Building finds that the provisions of Subsection B of this section exist, he or she shall transmit such findings to the County Surveyor. A parcel map shall be submitted to the County Surveyor pursuant to Chapter 120.52.

3. A fee shall be collected by the Department of Planning and Building for review of a request for a waiver as described in Subsection B.1 of this section. Said fee shall be based on the actual time spent by staff on the review of said request based on the hourly rate as established by resolution of the Board of Supervisors.

(Prior Code, § 9610(part); Code 1997, § 16.48.010; Ord. No. 4448, 1997; Ord. No. 5051, § 2, 4-18-2017)

The tentative map shall be submitted on durable paper sheets 18 inches by 26 inches or larger suggested size, and drawn to a scale of one inch equals 20 feet, 50 feet, 100 feet, 200 feet or 400 feet, and which is sufficient in size to allow all the details and required data to show clearly. Any number of sheets may be used, providing each sheet specifies the total number of sheets and in relation to each adjoining sheet.

(Prior Code, § 9610(a); Code 1997, § 16.48.020)

The tentative map, attached sheets or accompanying reports shall show clearly the following data and information:

A. North point and scale;

B. The location, names and right-of-way width of adjacent streets, highways and alleys. Further, show access easements to a connection with a public road, together with their deed or map reference;

C. Contours at five-foot intervals may be required on all parcels of two acres or less when not connecting to public water and sewer service and 50 percent of the area of the area of the parcels being created contains lands of ten percent grade or more. Contours shall be required in any other instance where topographic constraints, as determined by staff, determine design criteria;

D. Show the boundaries of the parcel;

E. Width and approximate location of all existing and proposed road easements for roads, drainage, sewage and public utilities, both underground and overhead;

F. In case of roads, drainage culverts will be required in all existing drainage courses and in such additional locations as may be required based on drainage plan and size in accordance with sound civil engineering practices;

G. The width of all rights-of-way and approximate grades within the area of land division;

H. The approximate dimensions and area of proposed parcels;

I. All the names of adjacent subdivisions and adjacent parcel map references. All the names and deed recording numbers of the adjacent landowners;

J. Current Assessor's sheet and, if one exists, a copy of the preceding parcel map showing the property to be divided;

K. The location of all existing structures for residential, commercial, industrial or recreational use or for which permits have been applied for or granted, but not yet constructed, within 100 feet of any existing or proposed boundary;

L. Indicate the proposed source of potable water and the proposed method of sewage disposal;

M. In an accompanying report, or prior to filing a parcel map, provide the following data and information for that area on each proposed parcel of the tentative map which is to be used for sewage disposal, unless that proposed parcel is occupied by an existing structure with a sewage disposal system:

1. The percolation rate and location of tests on 4.5 acres or smaller;

2. The depth of soil and location of test;

3. The depth of groundwater and location of test;

4. The direction and percent of slope of the ground;

5. The location, if present, of rivers, streams, springs, areas subject to inundation, rock outcroppings, lava caps, cut, fills and easement;

6. Identify the area to be used for sewage disposal;

7. Such additional data and information as may be required by the Director of Environmental Health to assess the source of potable water, the disposal of sewage and other liquid wastes, the disposal of solid wastes, drainage and erosion control;

N. A letter bearing the authorized agent or owner's signature certifying the engineer or surveyor's preparation of a parcel map and division of the property;

O. Vicinity map;

P. The following information to be listed on the tentative map in the following consecutive order:

TENTATIVE MAP

1. Owner of record (name and address);

2. Name of applicant (name and address);

3. Map prepared by (name and address);

4. Scale;

5. Contour interval (if any);

6. Source of topography;

7. Section, township and range;

8. Assessment parcel number;

9. Present zoning;

10. Total area;

11. Total number of parcels;

12. Minimum parcel area;

13. Water supply;

14. Sewage disposal;

15. Proposed structural fire protection;

16. Date;

17. In the lower right-hand corner of each map a signature block should be shown giving space for:

Director of Planning and Building

Approval by: ___________

Date:________

Planning Commission

Date:________ Approval:___________

Date:________ Disapproval:___________

Board of Supervisors

Date:________ Approval:___________

Date:________ Disapproval:___________

Q. The following information items shall be required only when the land division proposal contains five or more parcels:

1. A statement concerning the proposed standard of road improvements and road maintenance and public utilities proposed to serve all parcels;

2. A statement indicating the location and distance from the farthest lot or parcel in the land division to the nearest high school and elementary school. The statement shall also indicate the distance from the farthest lot or parcel in the land division to the nearest County road served by school bus transportation;

R. Off-site and on-site road improvement requirement.

1. Off-site. The subdivider shall provide a map showing access from the State- or County-maintained road to the proposed subdivision;

2. On-site. The subdivider shall provide on the map a typical road improvement cross section or shall reference the typical road improvement cross section contained in the Subdivision Design and Improvement Standard Manual and shall delineate such roads to be improved;

S. All tentative parcel maps shall carry the condition which shall require access to the project site from a State- or County-maintained road together with the legal right to improve such access as required by the County design manual.

(Prior Code, § 9610(b); Code 1997, § 16.48.030; Ord. No. 3641, § 8, 1986; Ord. No. 5051, § 2, 4-18-2017)

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)

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)

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;

3. 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)

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

(Code 1997, § 16.48.065; Ord. No. 3805, § 22, 1988; Ord. No. 5026, § 1, 9-15-2015; Ord. No. 5051, § 2, 4-18-2017; Ord. No. 5128, § 2, 9-1-2020)