Division 7 — NOISE ABATEMENT AND CONTROL

The county of Imperial board of supervisors finds and declares that:

A.

Inadequately controlled noise presents a danger to the health and welfare of the residents of the county of Imperial;

B.

The making and creating of disturbing, excessive, or offensive noises within the jurisdictional limits of the county of Imperial is a condition which has persisted, and the level and frequency of occurrences of such noises continue to increase;

C.

The making, creating, or continuing of such noises, which are prolonged or unusual in their time, place and use affect and are a detriment to the public health, comfort, convenience, safety, welfare, and prosperity of the residents of the county of Imperial;

D.

Every person is entitled to an environment in which the noise is not detrimental to his or her life, health, or enjoyment of property; and

E.

The necessity, in the public interest, for the provisions and prohibitions contained in this section and enacted is declared to be a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained in this section and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity, peace, and quiet of the county of Imperial and its inhabitants.

(Prior code § 90700.00)

Whenever the following words and phrases are used in this division, they shall have the meaning ascribed to them in this section:

"Average sound level (ASL)" means a sound level typical of the sound levels at a certain place during a given period of time, averaged by the general rule of combination for sound levels, said general rule being set forth in American National Standard Specifications for Sound Level Meters S1. 4-1971. Average sound level is also called "equivalent continuous sound level."

"Community noise equivalent level (NEL or CNEL)" means an average sound level during a twenty-four (24) hour day, obtained after addition of five decibels to sound levels in the evening from seven p.m. to ten p.m., and after addition of ten (10) decibels to sound levels in the night after ten p.m. and before seven a.m.

"Construction equipment" means any tools, machinery, or equipment used in connection with construction operations, including all types of "special construction: equipment" as defined in the pertinent sections of the California Vehicle Code when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

"Decibel (dB)" means a unit measure of sound (noise) level.

"Disturbing, excessive or offensive noise" means any sound or noise conflicting with the criteria or levels set forth in this division.

"Emergency work" means work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger of damage, or work by public or private utilities when restoring utility service.

"Motor vehicles" means any and all self-propelled vehicles as defined in the California Vehicle Code, specifically including but not limited to mini-bikes and go-carts.

"Noise level" means the same as "sound level." The terms may be used interchangeable herein.

"Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private.

"Sound level," in decibels, means that quantity measured with a sound level meter as defined herein, by use of the "A" frequency weighting and slow time averaging unless some other time averaging is specified.

"Sound level meter" means an instrument for the measurement of sound, including a microphone, and amplifier, an attenuator, networks at least for the standardized frequency weighting A, and an indicating instrument having at least the standardized dynamic characteristic "fast," as specified in American National Standard Specifications for Sound Level Meters S1.4-1971 or its successor.

Supplemental Definitions of Technical Terms. Definitions of technical terms not defined herein shall be obtained from American National Standard Acoustical Terminology, Section 1.1-1960 (R-1976).

(Prior code § 90701.00)

Chapter 2 - LIMITS

90702.00 - Sound level limits.

A.

It is unlawful for any person to cause noise by any means to the extent that the applicable one-hour average sound level set out in the following table is exceeded, at any location in the county of Imperial on or beyond the boundaries of the property on which the noise is produced.

Total of Applicable Limits

B.

The sound level limit between two zoning districts (different land uses) shall be measured at the property line between the properties.

C.

Fixed-location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of subsection A of this section, measured at or beyond six feet from the boundary of the easement upon which the equipment is located.

D.

This section does not apply to firework displays authorized by permit from the fire department, or other regulatory agency.

E.

This section does not apply to noise generated by helicopters at heliports or helistops authorized by a conditional use permit.

F.

This section does not apply to noise generated by standard agricultural field operating practices such as planting and harvesting of crop. The county of Imperial has a Right to Farm Ordinance (1031) which serves as recognition to agricultural practices to new development. Agricultural/industrial operations shall comply with the noise levels prescribed under the general industrial zones.

G.

This section shall not apply to any activity performed by a city or the county in the discharge of a governmental function or responsibility provided that such city or the county has applied reasonable noise mitigation.

(Prior code § 90702.00)

A.

Except as otherwise provided for in this article, it is unlawful to operate any motor vehicle of any type on any site, other than a public street or highway as defined in the California Vehicle Code, in any manner so as to cause noise in excess of these noise levels permitted for on-highway motor vehicles as specified in the table for "45 mile-per-hour or less speed limits" contained in Section 23130 of the California Vehicle Code, and as corrected for distances set forth in Table 1 below.

B.

Corrections. The maximum noise level as the vehicle passes may be measured at a distance of other than fifty (50) feet from the center line of travel, provided the measurement is further adjusted by adding algebraically the applicable correction, as follows:

TABLE 1

C.

A measured noise level thus corrected shall be deemed in violation of this section if it exceeds the applicable noise level as specified above.

D.

Nothing in this section shall apply to authorized emergency vehicles when being used in emergency situations, including the blowing of sirens, and/or horns.

(Prior code § 90702.01)

Violations for excessive noise of watercraft operating in waters under the jurisdiction of the county of Imperial shall be prosecuted under applicable provisions of the California Harbors and Navigation Code. The county of Imperial shall restrict the operation of watercraft not in compliance with the noise criteria of the Harbors and Navigation Code.

(Prior code § 90702.02)

No person shall operate or permit to be operated a refuse compacting, processing or collecting vehicle or parking lot sweeper between the hours or ten p.m. to five a.m. in any residential area unless an administrative permit has been applied for and granted by the planning department after date of public notice.

(Prior code § 90702.03)

Chapter 3 - PUBLIC NUISANCE NOISE

90703.00 - General prohibitions.

A.

It is unlawful for any person to make, continue, or cause to be made or continued, within the limits of Imperial County, any disturbing, excessive, or offensive noise which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

B.

It is unlawful for any person to make, continue, or cause to be made or continued, within the limits of Imperial County, to play a radio, phonograph, or other sound production or reproduction device in a public park or beach area or public parking lot or street adjacent thereto, over sixty (60) CNEL.

The operation of any radio, phonograph, television set, or any other sound production or reproduction device in any public park or on any public beach or any public parking lot or street adjacent to such park or beach, without the prior written approval of the director of parks and recreation, in such a manner that such a radio, phonograph, television set or sound production or reproduction device emits a sound level exceeding sixty (60) dB at any point fifty (50) feet or more from the noise source is prohibited.

C.

It is unlawful for any person to make, continue, or cause to be made or continued, within the limits of Imperial County, any noise adjacent to a hospital, school, library, rest home, or long-term medical or mental care facility, which noise unreasonably interferes with the workings of such institutions or which disturbs or unduly annoys occupants in such institutions.

D.

The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but not be limited to the following:

1.

The level of the noise;

2.

Whether the nature of the noise is usual or unusual;

3.

Whether the origin of the noise is natural or unnatural;

4.

The level of ambient noise;

5.

The proximity of the noise to sleeping facilities;

6.

The nature and zoning of the area from which the noise emanates and the area where it is received;

7.

The time of day or night the noise occurs;

8.

The duration of the noise; and

9.

Whether the noise is recurrent, intermittent, or constant.

(Prior code § 90703.00)

90703.01 - Burglar alarms.

A.

Audible burglar alarms for structures or motor vehicles shall be capable of being terminated within twenty (20) minutes of being activated.

B.

Notwithstanding the requirements of this provision, any member of the sheriff department of Imperial County shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, or motor vehicle at any time during the period of its activation. On or after thirty (30) days from the effective date of this chapter, any building, dwelling or motor vehicle upon which a burglar alarm has been installed shall prominently display the telephone number at which communication may be made with the owner of such building, dwelling, or motor vehicle.

(Prior code § 90703.01)

90703.02 - Disturbing, excessive, offensive noises.

The following activities are declared to cause disturbing, excessive or offensive noise in violation of this section but the enumeration shall not be deemed to be exclusive:

A.

Horns, Signaling Devices, etc. Unnecessary use or operation of horns, signaling devices, etc., on automobiles, motorcycles, or any other vehicle.

B.

Radios, Television Sets, Phonographs, Loud Speaking Amplifiers and Similar Devices.

1.

Uses Restricted. The use, operation, or permitting to be played, used or operated, any sound production or reproduction device, radio receiving set, musical instrument, drum phonograph, television set, loud speakers and sound amplifiers or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of any reasonable person of normal sensitivity in any residential or public area is prohibited. This provision shall not apply to any participant in a duly-licensed parade, or to any person who has been otherwise duly authorized by Imperial County to engage in such conduct.

2.

Prime Facie Violations. The operation of any such device between the hours of ten p.m. and seven a.m. in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, or vehicle in which it is located, shall be prima facie evidence of a violation of this section.

C.

Animals.

1.

The keeping or maintenance or the permitting to be kept or maintained upon any premises owned, occupied, or controlled by any person of any animal or animals which by any frequent or long-continued noise, shall cause annoyance or discomfort to a reasonable person of normal sensitiveness in the vicinity.

2.

The noise from any such animal or animals that disturbs two or more residents residing in separate residences adjacent to any part of the property on which the subject animal or animals are kept or maintained, or three or more residents residing in separate residences in close proximity to the property on which the subject animal or animals are kept or maintained shall be prima facie evidence of a violation of this section.

(Prior code § 90703.02)

Division 8 - SUBDIVISIONS Chapter 1 - GENERAL PROVISIONS AND DEFINITIONS[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 1, which pertained to the same subject matter, consisted of §§ 90801.00—90801.09, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

This division shall be known as the "Subdivision Ordinance" and may be cited as such. It is the purpose of the ordinance [division] to regulate and control the division of land within the county of Imperial and to supplement the provisions of the California Subdivision Map Act concerning design, improvement and survey data of subdivisions. This division specifies the form and content of all maps required by the Subdivision Map Act, and the procedures to be followed in securing the official approval of the county. To accomplish this purpose, the regulations contained in this division are determined to be necessary to preserve the public, health, safety, and general welfare; to provide orderly growth and protection for the proper use of lands; to provide consistency with the general plan and to insure provisions for adequate traffic circulation, utilities, and other minimum services in the county.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The Subdivision Map Act (Government Code, Section 66410 et seq.) requires Imperial County to regulate and control the design and improvement of all subdivisions. Generally, a subdivision is any division of land for the purpose of sale, lease, and/or financing. The Subdivision Map Act distinguishes subdivisions in various forms; however, a tentative map is required in Imperial County for all new or proposed subdivisions.

The purpose of a tentative map is to show the design and improvements of a new or proposed subdivision and the existing conditions in and around it.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90801.02 - Exclusions to subdivisions.

The following are considered to be exclusions pursuant to Government Code, Section 66412 and this Division.

A.

The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.

B.

Mineral, oil, or gas leases.

C.

Land dedicated for cemetery purposes under the Health and Safety Code.

D.

A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater or lesser number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the County. The County shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, applicable specific plan, zoning and building ordinances. The County shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to local general plan, applicable specific plan, zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. The County shall approve or disapprove a lot line adjustment pursuant to the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1).

E.

Boundary line or exchange agreement to which the State Lands Commission or a local agency holding trust grant of tide and submerged lands is a party.

F.

Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.

G.

The conversion of a community apartment project, as defined in Civil Code Section 1351(d), to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:

The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the community apartment project.

2.

Subject to compliance with Sections 4290 and 4295 of the Civil Code, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the project as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the project shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the project.

3.

If subdivision, as defined in Section 66424, of the property occurred after January 1, 1964, both of the following requirements are met:

a.

A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion.

b.

No more than forty-nine (49) percent of the units in the project were owned by any one person as defined in Section 17, including an incorporator or director of the community apartment project, on January 1, 1982.

c.

The County certifies that the above requirements were satisfied if the County, by ordinance, provides for that certification.

H.

The conversion of a stock cooperative, as defined in as defined in Section 4190 or 6566 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:

1.

The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the stock cooperative, an assignment of lease, or issuance of shares to a stockholder.

2.

A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits.

Subject to compliance with Sections 4290 and 4295, or with Sections 6626 and 6628, of the Civil Code, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the cooperative as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the cooperative shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the cooperative.

4.

If subdivision, as defined in Section 66424, of the property occurred after January 1, 1980, both of the following requirements are met:

a.

A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion.

b.

No more than forty-nine (49) percent of the shares in the project were owned by any one person as defined in Section 17, including an incorporator or director of the cooperative, on January 1, 1982.

5.

The County certifies that the above requirements were satisfied if the County, by ordinance, provides for that certification.

I.

The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical generation device on the land, if the project is subject to discretionary action by the County.

J.

The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to: antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the County.

K.

Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock.

L.

The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the County.

M.

The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the County.

N.

The leasing of, or the granting of an easement to, a parcel of land or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of an electrical energy storage system on the land, if the project is subject to discretionary action by the County. For the purpose of this subdivision, "energy storage system" has the same meaning as defined in Section 2835 of the Public Utilities Code.

2.

The following are considered to be an exclusion pursuant to Government Code, Section 66412.1.

A.

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement.

B.

The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

3.

The following are considered to be an exclusion pursuant to Government Code, Section 66412.2.

A.

This division shall not apply to the construction, financing, or leasing of dwelling units pursuant to Section 65852.1 (Granny Housing) or accessory dwelling units pursuant to Section 65852.2, but this division shall be applicable to the sale or transfer, but not leasing, of those units.

4.

The following are considered to be an exclusion pursuant to Government Code, Section 66411.7.

A.

Urban Lot Split.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90801.03 - Public necessity - Determination of rights-of-way, easement and license.

Prior to any governmental agency, public entity, public utility, or a subsidiary of a public utility effecting any conveyance of a portion of any parcel of land including fee title, the agency shall first submit the following to the Imperial County Planning and Development Services Department for a determination on whether or not a parcel map is required. The determination under this Ordinance shall be administrative and shall determine whether upon substantial evidence that public policy necessitates a Parcel Map.

A.

Authority of the Planning Director. The Planning Director is hereby granted authority to investigate and review proposed conveyances of fee interest, leasehold interests, easements or licenses for rights-of-way that physically divide property and where access to parcels may be effected by any governmental agency, public entity, public utility, or a subsidiary of a public utility or the determination pursuant to Government Code, Section 66428(a)(2) whether public policy necessitates a parcel map. Nothing in this section shall preclude the Planning Director from considering advise from other Departments or Consultants.

B.

Fees. The required fee for review shall be Time and Materials (T/M) pursuant to this Title.

C.

Request for Review. A written request shall be provided to the Planning and Development Services Department for the review of proposed rights-of-way or easements and shall be accompanied by the information required below and any other information the Department deems necessary.

D.

Request and Content. Each review under this Section shall be filed with the Planning and Development Services Department and shall include the following information:

1.

General Information Required:

a.

Agency name and contact person including address and telephone number.

b.

Property owner(s)'s name, mailing address and telephone number.

c.

Legal description of the proposed conveyance.

d.

Assessor's Parcel Number(s).

e.

Specific explanation of the proposed easement or right-of-way alignment.

f.

Preliminary Title Report (no more than six months old), with current vesting deed(s) included g. Any supporting documentation necessary for staff to adequately review request.

2.

Site Plan. Every submittal for determination under this Section shall include a detailed plan which includes the following information:

a.

All property boundary lines based upon an accurate boundary line survey.

b.

All property boundary dimensions.

c.

All existing structures (below and above ground) with labels identifying each one.

d.

All proposed structures (below and above ground) with labels identifying each one.

e.

Distance from all structures to property lines and between structures.

f.

North orientation.

g.

Scale.

h

Access from adjacent street/road and identify street/road names.

i.

All utility locations, (i.e. electrical, plumbing) from the exterior of the parcel to the interior and show how they connect (i.e. overhead).

j.

Assessor's Parcel Number(s).

k.

Public Use Easement, if any.

l.

Parking.

m.

Drainage.

The Building Official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted.

E.

Administrative Process by Director. In order to streamline the review process and clearly delineate the standards and rules, the following administrative procedure is established and shall be followed by the Department for processing the request:

1.

Within thirty (30) days of receipt, the request shall either be deemed complete or be returned to the agency if deemed incomplete with a written explanation.

2.

Within the ten (10) working days from the date the request is deemed complete, the Department will consult with the Department of Public Works, and Fire/OES Department and other applicable departments.

3.

Within thirty (30) days from the date the request was deemed complete, the Planning Director shall determine whether public policy necessitates a Minor Subdivision/Parcel Map.

4.

The Planning Director shall inform the agency in writing of the determination. Upon receipt of the letter of determination there shall be a ten (10) calendar day period during which any party may appeal the decision of the Director to the Planning Commission.

F.

Authority of Planning Commission. The Planning Commission, upon appeal, shall have the authority to overrule the Planning Director's determination. The Planning Commission's determination is final with no appeal to the Board of Supervisors.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90801.04 - Definitions.

Words and/or phrases used herein that are defined in the Subdivision Map Act but not specifically defined in this Chapter shall have the same meaning as is given to them in the Subdivision Map Act at time of adoption of this Title. Whenever the following words or phrases are used in this Division they shall have the meaning ascribed to them in this Section. Where there is a difference the most restrictive definition shall apply. See also definitions under Division 14.

Act but not specifically defined in this Chapter shall have the same meaning as is given to them in the Subdivision Map Act at time of adoption of this Title. Whenever the following words or phrases are used in this Division they shall have the meaning ascribed to them in this Section. Where there is a difference the most restrictive definition shall apply. See also definitions under Division 14.

1.

"Acreage" shall mean any parcel of land which is not a lot, as defined in this Section, and those areas where a legal subdivision has not been made previously or where a legal subdivision has declared such parcel as "acreage".

2.

"Advisory Agency" shall mean the Planning Commission, or the Planning Director as specified in this Ordinance.

3.

"Alley" means a secondary means of access to property and is located at the rear or side of the property. Minimum alley width shall be twenty (20) feet.

4.

"Block" shall mean the area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

5.

"Board" means the Board of Supervisors of Imperial County.

6.

"Building Official" means the Director of the Planning and Development Services Department of Imperial County.

7.

"Business and Professions Code" (B&P) shall mean the Business and Professional Code of the State of California.

8.

"Certificate of Compliance" means a document describing a unit or contiguous units of real property and stating that the other units or the division thereof complies with applicable provisions of the Subdivision Map Act and County Ordinances enacted pursuant thereto. A recorded final subdivision map, parcel map, or

parcel map waiver certificate shall constitute a Certificate of Compliance with respect to the parcels of real property described therein.

9.

"Community apartment project" shall be defined as provided in Civil Code Section 1351(d).

10.

"Comprehensive General Plan" means the comprehensive General Plan of the County of Imperial, including all elements thereof, as adopted by the Board of Supervisors.

11.

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in or upon a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.

12.

"Contiguous Units" means adjacent parcels of land which shall be considered contiguous even if it is separated by roads, streets, utility easements or railroad right-of-way.

13.

"Conversion" shall mean the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.

14.

"Corner Lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the side lot lines to the foremost point of the lot (or an extension of the lot where it has been rounded by a street radius) at an interior angle of less than one hundred thirty-five (135) degrees.

15.

"County" means the County of Imperial.

16.

"County Surveyor" means the County Surveyor of Imperial County.

17.

"Day" shall mean a calendar day unless otherwise specified.

18.

"Department" shall mean the Planning and Development Services Department of Imperial County

"Department of Transportation" means the Department of Transportation of the State of California.

"Design" means the configuration, layout and/or orientation including:

a.

Street alignments, grades and widths;

b.

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

c.

Location and size of all required easements and rights-of-way;

d.

Fire and water facilities;

e.

Lot size and configuration;

f.

Traffic access;

g.

Grading;

h.

Land to be dedicated for park or recreational purposes; and

i.

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the General Plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division I of the Government Code or any applicable specific plan required pursuant to Section 66473.5.

21.

"Development" shall mean the use or uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.

"Easement" shall mean an easement dedicated to the County, which shall be continuing and irrevocable unless formally abandoned by the County, and any other easement whether owned by a public utility, or private entity.

23.

"Environmental Constraint Note" means any note or notes required by the conditions of approval to be shown on an Environmental Constraint Sheet and reference made thereto on the final map. This shall be required when constraints involving, but not limited to, any of the following are conditioned by the Planning Director, Planning Commission or the Board of Supervisors: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability and sewage disposal.

24.

"Environmental Constraint Sheet" means a duplicate of the final map or parcel map on which are shown the Environmental Constraint Notes. This sheet shall be filed simultaneously with the final map or parcel map, with the County Surveyor, and labeled "Environmental Constraint Sheet" in the top margin.

25.

"Environmental Impact Report (EIR)" shall mean a detailed statement prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), State Public Resources Code, Section 21000 et seq., and State and County CEQA Guidelines promulgated pursuant thereto, describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.

26.

"Environmental Subdivision" means a subdivision of land pursuant to this division for biotic and wildlife purposes and meets Government Code Section 66418.2.

27.

"Final Map" shall mean a map showing a subdivision of five (5) or more parcels for which a tentative and final are required by the Subdivision Map Act and this Division, prepared in accordance with the provisions of the Subdivision Map Act and this Division and designed to be filed for recordation in the office of the County Recorder.

28.

"Fire Chief" means the Chief of the Fire Protection Agency or designee having jurisdiction of the area in which a land division is located.

29.

"General Plan" shall mean the General Plan for the County of Imperial, adopted November 9, 1993, and all amendments thereto.

"Government Code" shall mean the Government Code of the State of California.

31.

"Health Officer" means the Health Officer of Imperial County.

32.

"Improvement" shall mean any landscaping, street work and utilities to be installed, or agreed to be installed, by the subdivider on the land 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 conditioned precedent to the approval and acceptance of the final map thereof. "Improvement" shall also mean other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the County, is necessary to ensure consistency with, or implementation of, the General Plan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.

33.

"Improvement Standards" means the standards set forth in this and other ordinances related to the development of land as a subdivision or parcel map division.

34.

"Interior Lot" means a lot located between two adjacent lots with a common public street. The lot has side lot lines approximately parallel and has frontage on only one street.

35.

"Land Use Ordinance" means the Imperial County Ordinance Title 9, as amended.

36.

"Legal and Physical Access" means direct access without obstruction including encroachment permits for ingress and egress on to a public maintained road or State Highway.

37.

"Lot Area" means the horizontal areas within the boundary lines of a lot exclusive of:

a.

The area of any street right-of-way or road easement;

b.

Any flood control easement or walkway which is required as a condition of approval of the subdivision map on which the lot is shown; and

c.

Any portion of the lot which is less than thirty-five (35) feet wide for a distance of fifty (50) feet or more and which is designated or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site.

38.

"Lot Line Adjustment" means an alteration to adjust a line or lines between adjoining legal lots. It is not a subdivision or re-subdivision procedure and is intended to be used only in those situations where the provisions of the Subdivision Map Act and this Ordinance are applicable to subdivisions and re-subdivisions do not apply.

39.

"Lot" or "Parcel" shall mean a unit or portion of land separate from other units or portions by description, as on a Final or Parcel Map, Certificate of Compliance or by such other map approved by the County under the provisions of the Subdivision Map Act and of County ordinances in effect at the time of approval, for the purpose of sale, lease, or financing.

40.

"Major Subdivision" means a land division creating five or more parcels, five or more condominiums as defined in Section 1351 of the Civil Code, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units. A Final Map (see Final Map definition in this Division) is a recorded Unit, Phase, or Complete Major Subdivision.

41.

"Merger" shall mean the joining of two or more contiguous parcels of land under one ownership into one parcel.

42.

"Minor Subdivision" means a land division where any of the following occur:

a.

The land is divided into four or fewer parcels;

b.

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 dedication or improvements are required;

c.

Each parcel created by the land division has a gross area of twenty (20) acres or more and each parcel has an approved access to a maintained public street or highway;

d.

The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises a part of a tract of land zoned for industrial or commercial development, and has the approval as to street alignments and width;

e.

Each parcel created by the land division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Business and Professions Code.

f.

A Parcel Map (see Parcel Map definition in this Division) is the recorded Minor Subdivision.

43.

"Notice of Violation" means a document describing the manner in which a unit or contiguous units or real property has been divided or has resulted from a division in violation of the Subdivision Map Act and County Ordinances enacted pursuant thereto. Said document shall name and be directed to the record owners of said property.

44.

"Parcel Map" shall mean a map showing a subdivision of four or fewer parcels when required by the Subdivision Map Act and this division, or a map prepared for purposes other than showing a subdivision of four or fewer parcels; when prepared in accordance with the provisions of the Subdivision Map Act and this division and designed to be filed for recordation in the office of the County Recorder.

45.

"Peripheral Street" shall mean an existing street whose right-of-way is contiguous to the exterior boundary of a subdivision.

46.

"Private Street" shall mean any street, access way, or the like, lying in whole or in part within a subdivision for which dedication and ownership is privately held and is utilized as access to a development. Private streets, where allowed, shall be constructed to meet County minimum standards and private streets shall not be considered as meeting legal and physical access requirements unless the use approved within a "gated" community or subdivision.

47.

"Public Access" means:

a.

A dedication to public use or to the County of Imperial of the required width for road purposes.

b.

A permanent written easement for road purposes of the required width from the State or Federal Government.

48.

"Recorder" means the Recorder of Imperial County.

49.

"Remainder Parcel or Remainder Lot" shall mean a unit of improved or unimproved land as designated by the Subdivider consistent with Government Code, Section 66424.6.

50.

"Revised Tentative Map" means a modification of an approved tentative map wherein the design of the land division is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.

51.

"Specific Plan" means a plan adopted by the Board that is based upon the comprehensive General Plan of Imperial County, as provided in Section 65450 et seq. of the Government Code.

52.

"Standard Engineering Specifications" shall mean those standard subdivision improvement plans and specifications as prepared and/or approved by the Public Works Director/County Engineer.

53.

"Stock Cooperative" shall be defined as provided in Section 1351(m) of the Civil Code.

54.

"Street" means a state highway, county road, street, alley, thoroughfare or easement for ingress or egress.

55.

"Subdivider" means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for themselves(ves) or for others. Employees and consultants of such persons or entities, acting in such capacity, are not "Subdividers".

56.

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any potion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, canals, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1351(f) of the Civil Code, a community apartment project as defined in Section 1351(d), and the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 1351(m) of the Civil Code. "Subdivision" includes any division of

land by gift or inheritance, but excludes a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

57.

"Subdivision Map Act" shall mean Government Code, Section 66410 et seq., inclusive.

58.

"Storm Frequency of One in 100 Years" means a storm that will probably be equaled or exceeded on the average of once every one hundred (100) years. It does not follow, however, that such a storm will be equaled or exceeded once in every one hundred-year-period, or that having occurred once, it will not occur again for one hundred (100) years. It may occur several times in a one hundred-year-period, but over a sufficient length of time the average is expected to be once in one hundred (100) years.

59.

"Tentative Map" shall mean a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. "Tentative map" shall include a tentative map prepared in connection with a parcel map pursuant to the provisions of Section 90805.00 et seq. and a Final Map pursuant to the provision of Section 90806.00 et seq.

60.

"Through Lot" An interior lot fronting on two or more streets.

61.

"Vesting Tentative Map" means a Tentative Map, which meets the requirements of Section 66452 of the Government Code and Section 90803.03 of this Division.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90801.05 - Compliance with subdivision requirements.

No person shall create a subdivision except in accordance with the provisions of the Subdivision Map Act and this division. No land shall be subdivided and developed for any purpose which is inconsistent with the General Plan or applicable specific plan of the County.

The type and intensity of land use as shown on the general plan and any applicable specific plan, together with the requirements of the Subdivision Map Act and this division shall determine the type of streets, roads, highways, utilities and other public services that shall be provided by the subdivider.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90801.06 - Advisory agency designation - Major/minor subdivisions.

As set forth in Section 90102.03 of this Title, as further provided herein, the Advisory Agency has the following responsibilities with respect to this Division as follows:

A.

Major Subdivision/Reversion to Acreage. The Planning Commission is the advisory agency to the Board of Supervisors on all major subdivisions and Reversions to Acreage. The Board of Supervisors renders the final decision.

B.

Minor Subdivision. The Planning Director shall act as the hearing officer and is vested with original jurisdiction to investigate, consider, and approve or deny all minor subdivisions. This decision can be appealed to the Planning Commission and only then to the Board of Supervisors.

C.

Mergers. The Planning Director shall act as the hearing officer and is vested with original jurisdiction to investigate, consider, and approve or deny all mergers. These can be appealed to the Planning Commission and only then to the Board of Supervisors.

D.

Lot Line Adjustments. The Planning Director shall act as the officer vested with original jurisdiction to investigate, and approve or deny all lot line adjustments. These can be appealed to the Planning Commission and only then to the Board of Supervisors.

NOTE:

Nothing within Section 90801.06 A-D shall prevent the Planning Director from forwarding any application to the Planning Commission for a determination, with or without first making a determination, provided it is without prejudice and no appeal costs will be charged.

E.

Certificate of Compliance. The Planning Director shall act as the hearing officer and is vested with original jurisdiction to investigate, consider, and approve or deny all certificates of compliance which can be appealed to the Planning Commission who render the final decision (not appealable to the Board of Supervisors).

F.

Subdivision Enforcement. The Planning Director conducts and decides all Notice of Violation hearings pursuant to Government Code Section 66499.36. There are no appeals from the Planning Director's decision.

G.

Appeals. Appeals filed shall be consistent and in the form and content as required in Division 1, Section 90102.04 of this Title. Appeals from the Planning Commission shall be consistent and in the form and content as required pursuant to Section 90104.05 of this Title.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90801.07 - Appeal board designation.

The planning commission is hereby designated as the appeal board for minor subdivision appeals from the planning director's decision.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90801.08 - Environmental impact review.

All tentative maps and tentative parcel maps shall be subject to environmental review unless exempted by State Regulations, in accordance with the most current "Rules and Regulations to Implement CEQA, as Amended", adopted by the Board of Supervisors.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90801.09 - Soils reports with percolation test.

A.

If subdivision proposes one or more lots of five acres or less, a soil report and percolation test, prepared by a civil engineer registered in this State and based upon adequate test boring shall be submitted to the Planning and Development Services Department and the Public Works Department for every subdivision application.

B.

A soils report shall be required for every subdivision project. This report shall be provided prior to recordation, unless waived in writing by Public Works Director.

C.

A preliminary soils report may be waived by the Public Works Director in writing to the Planning Director findings that due to the information and/or knowledge the County possesses as to the soil qualities within the subdivision, no preliminary analysis is necessary.

D.

If the County has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the Public Works Director. Soils investigation shall be done by a civil engineer registered in this State, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exist.

E.

In the case of major subdivisions, the Board of Supervisors may only approve the subdivision or a portion thereof where such soil problems exist if it determines the required action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit shall be required that the engineered requirements or action be incorporated in the construction of each structure.

F.

In the case of a minor subdivision, the Planning Director, Planning Commission, or Board of Supervisors may approve the subdivision or a portion thereof where such soil problems exist if it determines the required

action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved required action be incorporated in the construction of each structure.

(Ord. No. 1565, §§ 3, 4, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90801.10 - Additional subdivision standards (sewer systems and OWTS).

All proposed subdivisions shall meet the standards set forth in Section 8.80.150 of the County's Codified Ordinance, regarding sewer systems and OWTS.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 2 - FEES AND DEPOSITS (DEPARTMENT OF PUBLIC WORKS ONLY)[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 2, which pertained to the same subject matter, consisted of §§ 90802.00—90802.06, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

90802.00 - Application and processing fees.

Application and processing fees for the Planning and Development Services Department to process applications are contained in Division 9. This Division only applies to Public Works to complete the map processing after a tentative map has been approved.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90802.01 - Final map and parcel map examination fees.

A.

Final Tract Maps (Major Subdivisions). The person or party submitting the final map for review and recordation shall be responsible for the actual cost of the plan checking, map checking, and other necessary activities. At the time a final map is submitted to the Department of Public Works for examination and

certification, the subdivider shall deposit three thousand dollars ($3,000.00.) In the event that the costs exceed that amount, the additional cost shall be paid to the Department of Public Works prior to recording the final maps. This shall be done within forty-five (45) days of recordation. Within forty-five (45) days after recordation and after all work has been accounted for, any monies remaining from the deposit, minus any costs, shall be refunded to depositor.

B.

Parcel Maps (Minor Subdivisions). The person or party submitting the parcel map for review and recordation shall be responsible for the actual cost of plan check, map check and other necessary engineering activities. At the time of submitting a parcel map to the Department of Public Works for examination and certification, the person or party shall deposit one thousand five hundred dollars ($1,500.00) with the Department of Public

Works. In the event the costs exceed this amount, the additional amount shall be paid prior to recording the parcel map. Any monies remaining from the deposit after all the costs have been deducted and work accounted for shall be refunded.

The Planning and Development Services Department shall not commence processing an application unless and until all requisite fees are paid. The Planning and Development Services Department and the Public Works Department shall not record a final subdivision document of any type until all fees, taxes, liens or other obligations due to the County are satisfied.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90802.02 - Improvement inspection and fees.

All construction and installation of improvements for major subdivisions and minor subdivisions shall be subject to inspection by the Department of Public Works. The subdivider shall arrange for such inspection prior to starting construction or installation of improvements. All monuments and inspection of monuments shall be paid by the subdivider. Subdivider shall pay said actual costs upon demand. Until all fees and costs herein above described have been paid to the County by subdivider, the improvements will be considered to be incomplete and no final map or parcel map shall be certified or approved for recording or recorded.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90802.03 - Environmental constraint sheet review fees.

Fees for reviewing, processing, and filing an Environmental Constraint Sheet map required to be filed pursuant to this Section shall be time and materials. Such fees are payable to the Department of Public Works.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90802.04 - Amendment of a parcel map or final map and amendment of certificate fees.

Fees for amendment of a parcel map or final map shall be time and materials. Fees for amendment of a certificate shall be time and materials. Such fees are payable to the Department of Public Works.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90802.05 - Reviewing and processing of record of survey fees.

A.

The fees for reviewing and processing a Record of Survey Map required to be filed pursuant to this Division shall be Time and Materials.

B.

The fees for amending or correcting a Record of Survey Map in accordance with Business and Professions Code Section 8770.5 shall be time and materials.

C.

The fee for examining, indexing, and filing the corner record card, in accordance with Business and Professions Code, Section 8773.2 shall not exceed the amount required for the recording of a deed pursuant to Government Code, Section 27361, et. seq. as currently provided or may be amended hereafter. All such fees are payable to the Department of Public Works.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Neither the state nor any county, city, district, or other political subdivision, nor any public officer or body, acting in his or her official capacity on behalf of the state, or any county, city, district, or other political subdivision, shall pay or deposit any fee for the review of survey documents prepared for official purposes.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 3 - SUBDIVISIONS - TENTATIVE MAP PROCEDURE[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 3, which pertained to the same subject matter, consisted of §§ 90803.00—90803.06, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

Any person proposing to create a subdivision shall file a tentative map pursuant to this Division and applicable applications pursuant to Title 9. The County shall not consider nor approve a final map unless prior thereto a tentative map of the subdivision has been previously filed and approved.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90803.01 - Tentative map number assignment.

A.

Prior to filing of a tentative map, a map number shall be obtained from the Planning and Development Services Department. Any number that is not used within two (2) years from the date it is issued shall become null and void.

B.

When the tentative map is a Parcel Map (Minor Subdivision) it shall be preceded by a "PM" designation.

C.

When the tentative map is a Tract Map (Major Subdivision) it shall be preceded by the word "Tract".

D.

When applying for a map number, the subdivider shall provide information to show who is the record owner of the property, the assessor's parcel number, legal description of the property, along with the name of the person requesting the number.

E.

When a number has been assigned by the County Planning and Development Services Department for a particular parcel or contiguous parcels of land, the subdivider shall place the map number upon each tentative map of the land division and neither the number nor the area of the parcel of land for which the number is issued shall thereafter be changed or altered in any manner upon the tentative map of the land division unless and until a new number has been assigned by the Planning and Development Services Department.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90803.02 - Tentative map to conform to rules of planning director, planning commission and the board of supervisors.

All tentative maps shall be in the form prescribed by the Planning Director, Planning Commission or the Board of Supervisors and shall contain at a minimum the following:

A.

Tentative Tract Maps and Vesting Tentative Tract Maps: Eighteen (18) inches x twenty-four (24) inches minimum sheet size (two hard copies and one digital format are required).

B.

Tentative Parcel Maps drawn on the County's standard "Tentative Parcel Map" form or on standard engineering paper at a minimum of eighteen (18) inches x twenty-four (24) inches in size.

C.

Legal description and all Assessor's Parcel Numbers.

D.

Name and address of owner(s).

E.

Name, address, license number, seal or stamp, signature and date of signing of the person preparing the map.

F.

Show entire existing and proposed lot layout and design accurately.

G.

Map must be drawn to scale.

H.

Show all existing and proposed structures and their disposition (above and below surface) with dimensions.

I.

Show all existing and proposed easements, rights-of-way, public and private roads, canals and drains.

J.

Show north arrow, scale and date.

K.

Show all existing and proposed utilities (i.e. water, sewer and electrical).

L.

Show approximate existing and proposed net and gross acreage of all lots.

M.

Show roads/streets and rights-of-way providing legal and physical access to the property.

N.

Show radius of all curves.

O.

Show name, location and width of proposed roads/streets.

P.

Show existing culverts, bridges, drain pipes and other existing drainage facilities.

Q.

Indicate proposed drainage facilities including facilities for storm water run-off and provide for erosion control, including prevention of sedimentation or damage to off-site property.

R.

Land subject to overflow, inundation or flood hazard or identified as being in the flood zone per FEMA Flood Rate Maps, must be shown in detail.

S.

Soils report with a percolation test must be provided during application processing if subdivision proposes one or more lots of five acres or less. A soils report shall be required for every subdivision project. This report shall be provided prior to recordation, unless waived in writing by Public Works Director.

T.

Current Preliminary Title Report (no more than six months old), current vesting deed(s) and supporting documentation must be provided.

U.

Existing uses around the proposed subdivision must be shown.

V.

Land identified as being in the earthquake fault zone by the state geologist, pursuant to the Alquist-Priolo Earthquake Fault Act is to be clearly depicted.

W.

Written statement from Imperial County Division of Environmental Health stating the type of sewer and water supply necessary for the subdivision is to be provided.

X.

Additional Tract Map requirements:

1.

Contours on a two-foot interval for zero to two percent slopes and five-foot intervals for steeper slopes.

2.

Subdividers Statement. The tentative final map shall be accompanied with a detailed statement showing the general intent for the development of the property. This shall include proposed usage, names and locations of adjacent streets, names and recording data of adjoining subdivisions. There shall also be a justification and/or reasons for exceptions requested from the provisions of the Ordinance.

3.

Phased map requires a detailed phase plan, timing each phase with an over-all plan not to exceed ten (10) years.

4.

A vicinity map.

5.

Land and parks to be dedicated to public are to be depicted.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90803.03 - Vesting tentative maps.

A.

This section is enacted pursuant to Section 66498.1 of the Government Code, and is intended to establish procedures necessary to implement the provisions of the Subdivision Map Act and this Title. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with County Ordinances policies and standards described in Section 66474.2 of the Government Code, however that approval shall confer a vested right to proceed with the development in substantial compliance with the County ordinances, policies, and standards which are in effect at the time the vesting tentative map is approved or conditionally approved. The rights conferred by this Section shall expire if a final map is not approved/recorded prior to the expiration of the vesting tentative map.

B.

Whenever a vesting tentative map and applicable application are filed with fees paid, it shall be processed in the same manner as a tentative map unless modified by this Section, and shall have printed conspicuously on its face the words "Vesting Tentative Map".

C.

Whenever the intended development of a vesting tentative map is inconsistent with the zoning ordinance in existence at the time of the filing of the map, that inconsistency shall be noted on the map, and the map may be denied or approved upon condition that the zoning is changed to eliminate the inconsistency. A conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the amended zoning and the map, as approved.

D.

Notwithstanding any provision herein to the contrary, any permit approval, extension, or entitlement of a vesting tentative map shall be conditioned or denied under either of the following circumstances:

1.

A failure to do so would place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both.

2.

The condition of denial is required in order to comply with state or federal law. In addition, the conditions of approval of a vesting tentative map may be amended through a minor change in order to protect against conditions dangerous to the public health or safety.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

There shall be filed with each tentative map a grading plan showing any and all grading proposed or required for the creation of building sites within the subdivision or for construction or installation of improvements to serve the subdivision. This grading plan shall clearly show all on-site grading and shall show how off-site drainage resulting from the subdivision is managed or controlled to prevent adverse impacts.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90803.05 - Expiration of approved tentative map and vesting tentative maps - Extension of time.

A.

Tentative Parcel Maps: An approved or conditionally approved tentative parcel map shall expire twenty-four (24) months after such approval unless within that period of time a parcel map shall have been approved and filed with the County Recorder. Prior to the expiration date, subdivider may apply in writing for an extension of time.

However, a tentative map on property subject to a development agreement authorized by Government Code Section 65864 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.

B.

Tentative Tract Maps: An approved or conditionally approved tentative tract map shall expire twenty-four (24) months after such approval unless within that period of time a final map shall have been approved and filed with the County Recorder. Prior to the expiration date, the subdivider may apply in writing for an extension of time.

However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790.000) or more to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the land division, excluding improvements of public rightsof-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map shall extend the expiration of the approved or conditionally approved land division map by forty-eight (48) months from the date of expiration, as provided in this Section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the land division more than ten (10) years from its approval or conditional approval. The number of phased final maps which may be filed shall be determined by the Board of Supervisors at either the time of the approval or conditional approval of the subdivision.

However, a tentative map on property subject to a development agreement authorized by Government Code Section 65864 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.

C.

Vesting Tentative Maps: A vesting tentative map shall expire twenty-four (24) months after such approval unless within that time period a final map is recorded, the rights conferred on the vesting tentative map shall automatically extend for oneyear. Whenever several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded. The one-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit if the time used to process the application exceeds thirty (30) days from the date that a complete application is filed. The Planning Director or Planning Commission may extend the date on which the map expires for oneyear and, on further application before expiration thereof, may further extend it upon application for one year terms up to eight

years. The decision of the Planning Commission may be appealed to the Board. Any appeal must be filed within ten (10) days of the Planning Commissions decision by filing a written appeal with the Clerk of the Board of Supervisors accompanied by the fee set forth in County Ordinance. When the subdivider submits a complete application for a building permit during the period of time specified in this section, the vested rights shall continue until the building permit, or any extension thereto, expires.

D.

Public Improvements: Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790.00) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.

"Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

E.

Any extension of time shall not be granted unless the land division conforms to the Comprehensive General Plan, is consistent with existing zoning, and does not adversely affect the general health, safety, and welfare of the public.

F.

Extensions of Time for Maps:

1.

Discretionary: The subdivider shall make application for a discretionary time extension to the Planning Director at a minimum sixty (60) days prior to expiration date of the tentative map and shall be accompanied by the fee set forth in the County Ordinance. The Planning Director shall approve or deny such request or shall forward to the Planning Commission a recommendation for approval or denial of the application. The Planning Director or Planning Commission may extend the date on which the map expire for one year and, on further application before expiration thereof, may further extend it upon application for one year terms up to six years.

The period of extension specified in this subdivision shall be in addition to the period of time specified in Subdivisions A, B and Day above. Before the expiration of the tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal within fifteen (15) days after the Planning Director or Planning Commission has denied the extension. Appeals of the Planning Director to the Planning Commission are filed in writing with the Planning Department, while appeals of the Planning Commission to the Board of Supervisors are filed in writing with the Clerk of the Board of Supervisors. Appeals must be accompanied by the fee set forth in the County Ordinance.

Any extension of time shall not be granted unless the land division conforms to the County General Plan, is consistent with existing zoning, and does not adversely affect the general health, safety, and welfare of the public.

2.

Moratoriums: The period of time specified in Subsections A and B above shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of said moratorium. A development moratorium shall include a water/sewer moratorium as well as other actions of public agencies which regulate land use, development, or the provisions of services to the land, other than the County which thereafter prevents, prohibits, or delays the approval of a final or a parcel map.

3

Lawsuits: The period of time specified in Subsections A, B and D above shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction if the stay of the time period is approved by the Advisory Agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the County, the subdivider may apply to the Planning Department for a stay pursuant to this section.

Applications for a stay due to Lawsuits shall be made to the Planning Director on the forms provided by the Planning Department, shall be accompanied by the filing fee set forth in the County Ordinance and shall include such information and documents as may be required by the Planning Director. The Planning Director shall forward to the Planning Commission a recommendation for approval or denial of the request for a stay. The Planning Commission shall act on the requested stay within fifty (50) days after the application is received by the Planning Director. The decision of the Planning Commission may be appealed to the Board of Supervisors. Any appeal must be filed with the Clerk of the Board of Supervisors accompanied by the fee set forth in the County Ordinance.

G.

Expiration of Tentative Maps. The expiration of the tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the Planning Director without first processing a new tentative map.

H.

Timely Filing. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Where a subdivider desires to revise or alter a proposed subdivision for which a tentative map has been approved and has not yet expired or been recorded, the subdivider may file with the Planning and Development Services Department a revised tentative map including payment of the fees prescribed in County Ordinances.

A.

A revised tentative map shall meet the following requirements:

1.

The proposed revised subdivision shown on such map shall substantially conform to the street and lot pattern shown on the approved tentative map.

2.

The proposed revised subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the original subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.

3.

The revised map shall contain and include all of the information required on the original tentative map and shall be accompanied by such data as is required to be filed with tentative maps.

B.

A revised tentative map may be filed within ninety (90) days prior to the expiration of the approved original tentative map.

C.

Upon the filing of a revised tentative map and payment of the applicable fee, such revised tentative map shall be treated in all respects as an original tentative map and shall be reported on, approved, conditionally approved or disapproved in the same manner as a tentative map, provided, however, that the subdivider shall have twelve (12) months from the approval or conditional approval of the revised tentative map within which to record a final map. Any additional extensions shall be consistent with Section 90803.05.

(Ord. No. 1565, §§ 5, 6, 12-15-20)