Chapter 4 — DESIGN STANDARDS OF SUBDIVISIONS[[6]]

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 4, which pertained to the same subject matter, consisted of §§ 90804.00—90804.06, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

A.

All land divisions shall conform to the comprehensive General Plan of Imperial County, with all applicable specific plans, with the requirements of the Title 9 and all other ordinances, except as hereinafter provided.

B.

The requirements set forth within this Title are minimum requirements, and the County may impose greater requirements if so justified.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A.

The Board of Supervisors has found that certain dwellings were constructed within agricultural zones prior to the enforcement of minimum parcel size requirements which effectively prevent conveyances of lots smaller than the applicable minimum parcel size. The Board establishes as follows, for those circumstances where dwellings already in existence may be conveyed on undersized parcels, provided adequate assurance is given that residential development on the remainder parcel will not result in an increase in the density of residential uses permitted in the zone in which the property is located. A minor subdivision creating no more than two parcels in an A-2, A-2-R or A-3 zone may be approved if one or both parcels contains an area less than the minimum lot size for the particular zone, provided that:

1.

The subdivision is to authorize conveyance of land occupied by a single-family dwelling which was actually constructed prior to April 1,1976.

2.

The subdivider agrees to convey and surrender development rights to the County covering a sufficient remainder of property to guarantee that the reduction in the lot area will not result in an increase in the density of residential uses than otherwise permitted in the zone in which the property is located. Such a conveyance shall be in a form approved by the Planning Director and shall be recorded with the final parcel map as required by Section 90805.02(E).

3.

Compliance is made with all other requirements contained in this Division.

B.

Acreage limitations for parcel maps submitted in connection with geothermal projects shall be set forth in Section 91701 et seq.

C.

Applications for lot reductions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be submitted with the application for a land division.

D.

Notwithstanding Sections 90508.04 and/or 90509.04, the Planning Director or Planning Commission may approve a parcel map creating no more than four parcels where one or all of the parcels is smaller than the applicable minimum parcel size only if all of the following conditions and findings can be met.

CONDITIONS

There are existing small parcels within identified existing enclaves that meet all (1.-5.) of the following conditions:

1.

The existing and the proposed parcels meet or can meet minimum health and safety standards for potable water, for fire protection, for police protection and for sewage disposal.

2.

There are six or more existing small contiguous parcels (one-half to ten (10) acres maximum) within a confined area.

3.

There are at least six existing residences within the enclave.

4.

The enclave consists of parcels sized to allow further division while still meeting minimum parcel sizes that can meet the requirements of this Division.

5.

The further division of land within the enclave does not promote the enlargement of the outer boundary of the area.

FINDINGS:

To allow divisions of land within an identified enclave the Commission and/or Board of Supervisors must be able to make the following findings:

1.

The division is within an impacted enclave that will not further adversely impact surrounding agricultural operations.

2.

The division enhances agricultural land protection by converting existing impacted land more efficiently and by keeping other agricultural land protected.

3.

The division is within an existing enclave of six or more shall (< ten (10) acres) parcels, and six or more existing residences.

4.

The parcel(s) shall not be less than one-half acre net if a full soils report shows adequate soil conditions to support development and long-term sewage disposal capacity. Larger size parcels will be required, if the soils report or other factors necessitate. Approval from the Division of Environmental Health Services is also required.

5.

The area can be provided adequate fire and police protection services. A written statement from the Fire Department and Sheriff/Police Department shall be required.

6.

The division can mitigate and comply with added traffic impacts.

7.

The proposed division has an adequate supply of water to each parcel, through an acceptable conveyance system, and can or will provide potable water to each parcel.

8.

Each existing, as well as proposed parcel, abuts a public road or highway and/or has legal and physical access via a County road.

9.

The long-term impacts of additional sewage disposal system within the enclave is verified and can sustain the additional loads as shown by acceptable engineering studies.

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

90804.02 - Design standards of subdivisions.

All subdivisions for which a tentative map is required by this Division shall conform to the following requirements as to design:

A.

Every lot shall contain the minimum lot area specified in the applicable zoning ordinance for the zone in which said lot is located at the time the final map is submitted to the Board of Supervisors for its approval. Provided, however, if no minimum lot area is established by the zoning ordinance, every lot shall contain a net area of no less than six thousand (6,000) square feet, in areas where full public services exists otherwise it shall be twenty thousand (20,000) square feet.

B.

Every lot shall front on a dedicated street or a street offered for dedication.

C.

Every lot shall be at least fifty (50) feet wide exclusive of side yards required in the zone in which the lot is located, provided, however, that no lot shall measure less than sixty (60) feet wide measured at the right-ofway line.

D.

Lot widths, depths, and area requirements may be modified when the subdivision is within or contiguous to a subdivided area and when the modifications are necessary to match existing development. Such modifications shall be approved by the Board of Supervisors in each and every case.

E.

Lots whose side lines are approximately radial to the center of a cul-de-sac or the center of the intersection of two dead-end streets shall have at least thirty-three (33) feet of frontage measured at the right-of-way line.

F.

Through lots shall not be allowed unless vehicular access rights are relinquished to one of the abutting streets.

G.

The side lines of lots shall be at right angles or radial to the street upon which the lots from with a maximum deviation of up to ten (10) degrees allowed.

H.

Lot depth shall be at least eighty (80) feet and shall be no greater than four times the average width.

I.

Whenever practicable, subdivisions of residential property, abutting major and arterial routes shown on the circulation element of the General Plan, railroads, transmission lines or open flood control channels, shall be designed so that the lots face away from such right-of-way.

J.

Lot size shall not be less than the minimum required by the zoning classifications applicable to the subject property, and shall be consistent with the Comprehensive General Plan for Imperial County.

K.

Corner lots shall be designed to provide a building site equal to that required for interior lots in the same zone.

L.

When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than five thousand (5,000) square feet, exclusive of the utility easement.

M.

Panhandle shaped lots or flag shaped lots, if permitted, shall have a minimum frontage of forty (40) feet or minimum access for emergency vehicles whichever is more on a dedicated street. Panhandles may not serve any lot except the lot in which said panhandle is a part nor shall any panhandle have a length of more than two-thirds the distance from the street on which the panhandle fronts to the rear lot line.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A.

The subdivider shall offer to dedicate right-of-way for streets within the subdivision in accordance with Imperial County Standards.

B.

No subdivision map shall be approved unless the street or streets providing primary access to the subdivision are dedicated to and maintained by a city, county, or state and said street or streets meet County Standards or right-of-way width.

C.

Streets which are proposed along the exterior boundaries of a subdivision shall have a dedicated width of no less than forty (40) feet together with a one-foot wide strip of land abutting its outer edge, to be known as a "barrier strip", which shall be offered to the County for street purposes and over which access rights are relinquished.

D.

All streets proposed to be terminated at the exterior boundary of a subdivision shall include a one-foot wide strip of land, to be known as a "barrier strip", across said street width at its termination at said exterior boundary which shall be, offered for street purposes and over which access rights are relinquished.

E.

Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required rights-of-way to be dedicated to the County and shall improve said easements in accordance with the County Standards.

F.

Where a drainage facility or flood control facility is necessary for the use of lot owners or for the protection of lots, adequate rights-of-way for such drainage facilities or flood control facilities shall be offered for dedication to the County or to such other public entities that the Board of Supervisors designates and shall be shown on the map.

G.

Where it is necessary to extend a drainage facility or flood control facility beyond the boundaries of the subdivision for adequate drainage or flood control needs, the required rights-of-way shall be offered for dedication.

H.

Drainage facilities and flood control facilities within and without the subdivision shall be provided so as to carry storm run-off both tributary to and originating within the subdivision.

I.

The subdivider may be required to dedicate or to offer to dedicate land for park purposes, pay fees in lieu thereof, or do a combination of both.

J.

The subdivider shall offer to dedicate, in accordance with the County Standards, the necessary rights-of-way for bicycle routes under the following circumstances:

1.

When such routes, shown on the Circulation Element of the Imperial County General Plan, pass through or about the subdivision; and

2.

When a subdivider is required to dedicate rights-of-way for streets in subdivisions containing two hundred (200) or more lots, and such routes are necessary and feasible for the use and safety of the residents.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

All residential developments in the R-1, R-2, R-3 or R-4 Zones shall comply with the following:

A.

Street and road dedication shall be made to the County in the manner described by the Imperial County Public Works Department for all existing or proposed local, secondary or collector highways. The required dedication shall be thirty (30) feet from centerline for local streets, forty-five (45) feet from centerline for secondary streets, fifty-five (55) feet from centerline for collector highways, or as required by adopted, official or specific plans. In the case where a street is on the boundary of a development, a minimum of forty (40) feet shall be dedicated to the County.

B

All street improvements shall include the required base and pavement to tie existing pavement to proposed entrances, exits, etc. Existing pavement shall be soft cut at a match point. If the project site abuts a state highway, road improvements shall be provided as required by the California Department of Transportation.

C.

Obstructions within street rights-of-way shall be removed or as specified by Imperial County Public Works Department.

D.

Curbs, gutters and sidewalks shall be constructed for all Major Subdivisions.

E.

All access drives, parking areas and vehicular maneuvering areas shall be surfaced with a minimum of three inches of asphaltic concrete paving or material of higher quality.

F.

All new on-site utility services shall be placed underground, unless the utility supplier requests otherwise.

G.

All subdivision require drainage plans for the management and disposal of all surface drainage water originating on-site and shall be approved by the Imperial County Public Works Department in coordination with the Imperial County Public Health Department, Division of Environmental Health as needed. Easements or right-of-way deeds shall be granted to the County of Imperial for drainage purpose.

H.

All subdivisions shall provide for methods of potable water supply and sewage disposal that shall meet the requirements of and be approved by the Imperial County Division of Environmental Health or the California Department of Health Services, whichever has primary jurisdiction. At a minimum, all subdivisions shall be connected to a water system that meets the design and operational standards of the California Safe Drinking Water Act (California Health and Safety Code, commencing with Section 116270) and regulations adopted pursuant thereto. The Act and its implementing regulations shall apply to all systems serving subdivisions regardless of size.

I.

All subdivisions shall provide for methods of sewage disposal that shall meet the requirements of and be approved by the Imperial County Division of Environmental Health and/or the Regional Water Quality Control Board (Colorado River Basin) of the California Department of Water Resources.

J.

All subdivisions shall provide fire protection facilities and access ways which meet the requirements of and are approved by the Imperial County Fire Department/Office of Emergency Services.

K.

When residential subdivisions abut property zoned for non-residential purposes, a six-foot solid masonry wall shall be constructed entirely within the proposed development along the exterior boundary abutting the adjoining property zoned for non-residential purposes. The wall height shall be reduced to thirty (30) inches

within the required front yard setback area. The proposed wall design and materials shall be approved by the Planning and Development Services Department and the Public Works Department.

L.

All major subdivisions shall provide a lighting plan and all exterior lighting shall be directed away from adjacent properties, and away from or shielded from public roads.

M.

For developments with ten (10) or more dwellings, a minimum of five percent of the net total parcel area shall be designated and developed as useable open space provided however no less than four hundred (400) square feet of useable area shall be designed and developed. The required useable area may be divided into more than one location, provided no single location is less than four hundred (400) square feet.

N.

During all on-site grading and construction activities, adequate measures shall be implemented to control fugitive dust emissions.

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

90804.05 - Subdivision standards for commercial and industrial zones.

All development in the C-1, C-2, C-3, M-1, M-2 and M-3 Zones shall comply with the following:

A.

Street and road dedications shall be made to the County in a manner prescribed by Imperial County Public Works Department, for all existing or proposed local, secondary or collector highways. The required dedication shall be thirty (30) feet from centerline for local streets, forty-five (45) feet from centerline for secondary streets, fifty-five (55) feet from centerline for collector streets.

B.

All subdivisions shall provide road or street improvements as required by the Department of Public Works, and to the standards contained within this Title.

C.

Obstruction within street rights-of-way shall be removed as specified by Imperial County Public Works Department.

D.

Curbs, gutters and sidewalks shall be constructed for all major subdivisions when required as part of the street improvement.

E.

All access driveways, parking areas and vehicular maneuvering areas shall be surfaced with a minimum of three inches of asphaltic concrete paving or higher quality material.

F.

All new on-site utility services shall be placed underground.

G.

All subdivisions require drainage plans for the management and disposal of all surface drainage water originating on site shall be approved by the Department of Public Works in coordination with the Imperial County Public Health Department, Imperial County Division of Environmental Health, as needed. Easements or rights-of-way deeds shall be granted to the County of Imperial for drainage purposes.

H.

All subdivisions shall provide for a method of potable water supply as required and approved by Imperial County Division of Environmental Health or the California Department of Health Services, whichever has primary jurisdiction. At a minimum, all subdivisions shall be connected to a water system that meets the design and operational standards of the California Safe Drinking Water Act (California Health and Safety Code, commencing with Section 116270) and regulation adopted pursuant thereto. The Act and its implementing regulations shall apply to all systems serving subdivisions regardless of size.

I.

All subdivisions shall provide for methods of sewage disposal that shall meet the requirements of and be approved by the Imperial County Division of Environmental Health and/or the Regional Water Quality Control Board (Colorado River Basin) of the California Department of Water Resources.

J.

All subdivisions shall provide for fire protection facilities and access ways as may be required by the Imperial County Fire Department.

K.

When the subdivision abuts property zoned for residential use, a six-foot high masonry wall shall be constructed entirely within the proposed development along the exterior boundary abutting the adjoining property. The wall height shall be reduced to three feet within the required front yard setback area.

L.

All industrial subdivisions require a lighting plan and all exterior lighting shall be shielded and directed away from adjacent properties and away from or shielded from public roads.

M.

The subdivider shall comply with the Public Works Director's conditions requiring construction of necessary drainage and flood control structures to conform to Imperial County standards.

N.

The subdivider shall provide proof satisfactory to the County that there exists an adequate potable water supply available to each lot or parcel and that subdivider shall install or agrees to install minimum pressure water supply pipe of a diameter conforming to County standards.

O.

The subdivider shall form a water district or mutual water company created to insure the continuity, maintenance, and operation of an adequate water system to the subdivision.

P.

The subdivider shall provide all necessary easements and rights-of-way to accommodate all streets, drainage and flood control structures and facilities and sewer systems extending beyond the boundaries of the subdivision.

Q.

Should the Board of Supervisors determine by reason of the size and shape of the proposed lots, the nature of the terrain to be subdivided, the soil condition of the lots or the development of the area in the vicinity of the proposed subdivision, a public sewer disposal system serving the lots will be required to preserve the public health, the Board of Supervisors shall require the subdivider to install or agree to install a public sewer disposal system serving said lots as a precondition to the approval of any final map. Said system shall conform to County standards.

R.

The subdivider shall as a condition to the subdivision construct or shall cause to be constructed at his/her cost a street lighting system conforming to County standards. There shall be an association or special district created to maintain said lighting system.

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

90804.06 - Monuments.

A.

Every final or parcel map shall show the following monuments which shall be set by a licensed land surveyor or registered civil engineer authorized to practice land surveying at the time of making the survey.

1.

Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments of no less than two-inch diameter iron pipes at least eighteen (18) inches long at the intermediate points along the boundary no more than one thousand (1,000) feet apart and the beginning and end of points of all curves. If any existing record and identified monument meeting the foregoing requirements is found in good condition at any such corner or point, such monument may be used in lieu of any new monument.

2.

Center line of street monuments shall be installed.

3.

Lot corner monuments. All lot corners except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types: (i) a minimum of three-quarter inch diameter iron pipe at least eighteen (18) inches long bearing the certificate number of the licensee setting the monument; (ii) copper or brass identification disks permanently set in concrete sidewalks or curbs so as to not be easily disturbed.

4.

Such additional monuments to mark the limiting lines of streets as the County Surveyor may require.

5.

All other monuments set or proposed to be set.

6.

Bench marks shall be set as directed by the Department of Public Works.

B.

The monumentation of the exterior boundary of a remainder parcel or the centerline of streets need not be placed or shown on a parcel map, if acceptable to the County Surveyor.

C.

All monuments and their installation shall conform to the County standards.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 5 - MINOR SUBDIVISIONS - REQUIREMENTS[[7]]

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 5, which pertained to the same subject matter, consisted of §§ 90805.00—90805.25, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

The purpose of this Chapter is to establish procedures for the processing of applications for minor subdivisions, generally described as where any of the following occurs:

A.

The land is divided into four (4) or fewer parcels;

B.

The whole land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required;

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 approval as to street alignments and widths;

E.

Each parcel created by the land division has a gross area of no less than forty (40) acres, or not less than a quarter of a quarter section;

F.

The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2;

G.

Reversion to acreage of land previously subdivided and consisting of four or less contiguous parcels under the same ownership, where the provisions of Government Code 66499.20.1 are complied with;

H.

Merging and re-subdividing four or less contiguous parcels, where the provisions of Government Code Section 66499.20.2 are complied with;

I.

Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.

(2)

All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with Section 91605.02(D) of Title 9 Land Use Ordinance Division 16, as applicable.

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

J.

In addition to the requirements of Section 91605.02 and 91605.03 of Title 9 Land Use Ordinance Division 16, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(1)

The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary subdivision plats.

(2)

Where the subdivision has more than fifty (50) lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 91604.02(B)(4) of Division 16.

(3)

When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1576, §§ 5, 6, 2-8-22)

90805.01 - Application.

A written application (form provided by the Planning and Development Services Department) for a minor subdivision shall be made to the Planning and Development Services Department. The application shall be accompanied by the proposed tentative map, fees, project description, currentpreliminary title report with current vesting deed and supporting documentation (i.e., environmental studies if needed), identification agreement and payment of fees agreement as required by this Title. The proposed Tentative map shall show how the parcels are to receive water, sewer and legal access from a County maintained road.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

No minor subdivision application shall be filed or approved by the planning director unless and until the minimum requirements of Division 8, Chapter 4 are complied with and the following conditions are satisfied:

A.

Except as hereinafter provided there shall be offered for dedication pursuant to Chapter 4 of this Division rights-of-way and/or streets in accordance with Imperial County Standards.

B.

Streets providing access to the land to be divided shall be offered for dedication to the County in accordance with Imperial County Standards.

C.

Offers of dedication for streets which will be accepted before final approval of the parcel map and streets which are proposed to be terminated at the exterior boundary of the subdivision shall include a one-foot-wide strip of land, to be known as a "barrier strip" across said street width at its termination at said exterior boundary which shall be offered for street purposes and over which access rights are relinquished.

D.

Easements for public utilities and drainage shall be offered for dedication in the manner set forth in this Division and as required by the planning director, when it's determined that such offers of dedication are necessary to serve the subdivision and/or are reasonable and logical extensions of such facilities as exist in the vicinity.

E.

Where a minor subdivision would create a parcel smaller than the applicable minimum lot size as permitted by Section 90804.01, an instrument conveying residential development rights, shall be executed and shall be recorded by the subdivider with the final parcel map. Said instrument shall by its terms be binding on the owner, his or her heirs, assigns or successors in interest, and may be terminated upon the rezoning of the property or upon the merger of parcels into lots of sufficient size to comply with the minimum parcel size. Said instrument shall be noticed on the parcel map.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Every application submitted shall be deemed "received" on the date of submittal and shall be stamped and dated by the department staff. The department shall, within a maximum of thirty (30) days from receipt, determine whether an application is complete or incomplete, and determine if the subdivision is exempt from CEQA or if further environmental documentation is required. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the return of the application and what information is lacking or other reason for being incomplete.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Within ten (10) days of acceptance of an application for processing, the Planning and Development Services Department shall forward at least one copy to the following agencies where applicable:

A.

California Department of Transportation;

B.

Any municipality entitled thereto;

C.

The Flood Control District or person designated who will perform flood control and drainage studies;

D.

Any city, community services district, school or other authorized district requesting a copy;

E.

Any utility providers serving the area with its facilities;

F.

Any others as may be appropriate.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90805.05 - Hearing scheduling.

The Department shall schedule the minor subdivision for Planning Director Action or Planning Commission by allowing adequate review time for staff and responsible departments/agencies, within the time limits established by law. Under no circumstances shall a project be heard by the Planning Director or Planning Commission without all required noticing having been provided.

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

90805.06 - Noticing (public/applicant).

The Department shall strictly adhere to the following noticing requirement. Refer to Division I, Chapter 4, Section 90104.03 and 90806.07.

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

90805.07 - Hearing procedure.

The Planning Director or Planning Commission shall conduct a public hearing and approve or deny the minor subdivision based on the merits of the subdivision.

The Planning Director, Planning Commission or Board of Supervisors shall deny the subdivision if it does not meet all requirements of this Ordinance, or if any of the following findings are made:

A.

That the proposed land divisions is not consistent with applicable general and specific plans.

B.

That the design or improvement of the proposed land division is not consistent with applicable general and specific plans.

C.

That the site of the proposed land division is not physically suitable for the type of development.

D.

That the site of the proposed land division is not physically suitable for the proposed density of the development.

E.

That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F.

That the design of the proposed land division or the type of improvements are likely to cause serious public health problems.

G.

That the design of the proposed land division or the type of improvements will conflict with easement, acquired by the public at large, for access through, or use of, property within the proposed land division.

A tentative map may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by order of a court of competent jurisdiction.

Notwithstanding subsection E. above, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act, that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

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

90805.08 - Appeal from planning director/planning commission on minor subdivisions.

Upon the filing of an appeal from the Planning Director's decision, the Planning Director shall then schedule a hearing on the issue before the Planning Commission, at the next regularly scheduled meeting for which

noticing requirements can be met. A decision of the Planning Commission on minor subdivisions shall be appealable to the Board of Supervisors.

Any person may appeal the decision of the Planning Director or Planning Commission on a minor subdivision provided such an appeal meets the following requirements:

A.

A written appeal is filed within ten (10) calendar days from the Planning Directors decision on minor subdivisions.

B.

The appeal is filed with the Planning and Development Services Department.

C.

The requisite fees are included.

D.

The written appeal clearly states the following:

1.

Name of person(s) filing appeal.

2.

Address and phone number of person(s) filing.

3.

Project/decision being appealed.

4.

Reason for filing appeal.

5.

Facts, condition(s), information, error, or other specifics to warrant appeal.

6.

Prior effort(s) made to arrive at acceptable solution, if any.

7.

Action being requested (i.e. deny project, approve project, modify conditions, etc.).

Signature of applicant.

Any person may appeal the decision of the Planning Commission, provided such appeal meets the following requirements:

A.

A written appeal is filed within ten (10) calendar days from the Planning Commission's decision,

B.

The request is filed with the Clerk of the Board of Supervisors,

C.

The requisite fees are included,

D.

The written appeal clearly states the following:

1.

Name of person(s) filing appeal.

2.

Address and phone number of person(s) filing appeal.

3.

Project/decision being appealed.

4.

Reason for filing appeal.

5.

Facts, condition(s), information, error, or other specifics to warrant appeal.

6.

Prior effort(s) made to arrive at acceptable solution, if any.

7.

Action being requested (i.e. deny project, approve project, modify conditions, etc.).

8.

Signature of appellant.

The Clerk of the Board shall not accept an appeal if filed after 5:00 p.m. on the tenth calendar day from the Planning Commission decision date, and further shall not accept an appeal unless it is in writing and clearly states the information above. The Clerk shall immediately submit a copy of such an appeal to the Planning and Development Services Department and County Counsel.

The Clerk of the Board of Supervisors shall then schedule a hearing for a date and time for which required public notice can be provided.

The Board of Supervisors may deny the scheduling of an appeal hearing if it is determined that the appeal has no standing, or the appeal request does not provide the information required above, or the same policy, procedure or direction has already been heard by the Board of Supervisors in prior case(s).

In the event the Board of Supervisors elects not to schedule an appeal all appeal fees shall be returned to appellant.

Once an appeal has been scheduled by the Board of Supervisors, no appeal fees shall be refunded unless the Board of Supervisors votes to refund on a four-fifths vote.

Any decision made by the Board of Supervisors shall be final with no further appeal to an administrative body, except as provided by law.

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

Any decision made by a hearing body (planning director, planning commission, and/or Board of Supervisors) shall be deemed a final decision unless appealed to the next administrative hearing body as provided under Section 90101.10. No hearing body shall be allowed to re-hear or re-consider its decision, except as provided for under Section 90101.10.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90805.10 - Parcel map waiver procedures.

The subdivider shall provide in writing a request for a waiver of the Parcel Map. The request shall accompany the minor subdivision application. Details on the tentative map must support the parcel map waiver request.

Upon compliance with the provisions hereinafter set forth, the Planning Director, Planning Commission or Board of Supervisors can consider the waiver of a Parcel Map and, in lieu thereof, issue a Certificate of Compliance where no parcel map needs be filed or recorded for the following described proposed subdivisions:

A.

A proposed subdivision creating no more than two parcels, each parcel of which abuts and has approved access to a maintained public street or highway and for which no improvements are required as determined by the County and where physical features indicate the parcel boundaries.

B.

A proposed subdivision creating no more than four parcels, each of which has a minimum gross area of forty (40) acres or more or is not less than a quarter of a quarter section and for which no improvements are required as determined by the County, and where physical features such as field breaks, roads, canals and drains indicate boundaries.

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

90805.11 - Assignment of certain responsibilities regarding parcel map waiver (certificates of compliance) to the planning director.

The responsibilities of the Board of Supervisors pursuant to Government Code Section 66428 are hereby assigned to the planning director with respect to the waiver of the parcel map requirements of the Codified Ordinances of Imperial County with respect to those parcels described in Section 90805.10 herein above.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90805.12 - Conditions of a parcel map waiver.

Upon approval of a parcel map waiver by the Planning Director, Planning Commission or the Board of Supervisors, the conditions of approval shall be amended to include condition(s) for the recordation of a Certificate of Compliance. Notwithstanding all other conditions of approval of a minor subdivision, at a minimum the following conditions shall be applied:

A.

Secure Tax Certificate(s) from the Tax Collector(s) Office.

B.

Provide full legal description(s) and closure reports (if applicable) acceptable to the Planning and Development Services Department for review by the Department of Public Works, prepared, signed and stamped by a California Licensed Land Surveyor or a California Registered Civil Engineer (authorized to practice land surveying), typed on plain bond paper (eight and one-half inches x eleven (11) inches). Letterhead will not be acceptable. The descriptions of land shall clearly indicate that the documents were prepared for a "Parcel Map Waiver".

C.

A Record of Survey shall be filed in the event the County determines it is necessary and provides the finding to substantiate the requirement.

D.

Provide the payment of fees for the review of the Parcel Map Wavier, payable to the Department of Public Works.

E.

Provide recording fees as required for the recordation of the Certificate of Compliance, legal descriptions and Tax Certificate(s).

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

Pursuant to Government Code Section 66447, all dedications or offers of dedications required by the provisions of this Division shall be by separate instrument. An offer of dedication shall be in such terms as to be binding on the owners, their heirs, assigns or successors in interest and shall continue until the County accepts or rejects such offer. Any such dedication or offer of dedication shall be free of any burden or encumbrance which would interfere with the purpose for which the dedication is required. The applicant shall provide a current preliminary title report, current vesting deed(s) and supporting documents or equivalent proof of title satisfactory to the County Surveyor.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

As a condition precedent to the approval of a parcel map for a minor subdivision filed pursuant to the Subdivision Map Act and this Division, it shall be required that the applicant:

A.

Improve in accordance with Imperial County Standards all rights-of-way offered for dedication for street purposes which are accepted by the County prior to the approval of the parcel map.

B.

Install other improvements and facilities in accordance with the requirements set forth in County Standards.

C.

Install necessary hydrants with water facilities and sanitary sewers pursuant to Imperial County Standards.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The applicant may elect to agree to construct or install improvements required by Section 90804.03 which are to be located in public easements on rights-of-way. In the event an applicant elects to agree to construct or install improvements, he/she shall provide a good and sufficient improvement security as defined in Government Code Section 66499, and shall prepare and deposit with the Clerk of the Board of Supervisors detailed plans and specifications of the improvements to be constructed and such plans and specifications shall be in a form acceptable to County Counsel.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A.

All parcel maps shall conform to the requirements of the Subdivision Map Act and this Division and also shall conform to the requirements specified in the report of the planning director/planning commission approving

or conditionally approving the tentative parcel map, unless an appeal is made by the applicant or any interested party to the planning commission and/or Board of Supervisors and said body modifies, rejects or overrules the recommendations of the planning director/planning commission, in which event the map also shall conform to the requirements of the planning director/planning commission as modified by the planning commission and/or Board of Supervisors.

B.

After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a parcel map thereof prepared in accordance with the approved or conditionally approved tentative map.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90805.17 - Public works and planning director to approve maps.

No final parcel map shall be filed with the County Recorder until said map has been approved (signed) by the planning director, the Chairman of the planning commission upon appeal, or the Chairman of the Board of Supervisors upon appeal.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90805.18 - Additional certificates on parcel maps.

In addition to the certificates and other materials required by the Subdivision Map Act and this Division, every parcel map shall bear a certificate by the Planning Director that the map complies with the approved tentative parcel map. If the parcel map is approved by the Planning Director, the certificate required by this section may be combined with the approval of the parcel map as required by Section 90805.17 into one certificate or statement.

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

90805.19 - Map boundary requirements.

A.

Surveys made in preparation of parcel maps shall be in accordance with standard practices and principles of surveying and all applicable provision of the Subdivision Map Act. At the time of making the survey for the parcel map, unless the survey is not required pursuant to Section 90805.21, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 90804.06 so that another engineer or surveyor may readily retrace the survey. He shall also set such additional monuments as may be required. At least one exterior boundary line of the land being subdivided shall be adequately monumented or referenced before the map is recorded. Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider famishes to the legislative body security guaranteeing the payment of the cost of setting such monuments.

B.

The entire boundary of a land division must appear on the first map sheet of the parcel map showing:

1.

An exterior boundary of the land division, including all courses and distances necessary to compute a closure,

2.

Sufficient data, either graphically and/or by dissertation, to justify the method by which the boundary was determined if applicable, including a description of all monuments found or set, giving data relating thereto, adjoining maps or property lines of record,

C.

The County Surveyor may waive showing portions of the boundary if sufficient survey information is of record.

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

90805.20 - Parcel map provisions and data requirements.

Parcel maps shall conform to all of the following provisions:

A.

Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record. Certificates or statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink to assure permanent legibility. The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches or four hundred sixty (460) by six hundred sixty (660) millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or twenty-five (25) millimeters.

B.

Each sheet shall bear the number as assigned by the County Planning and Development Services Department, which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys. Reference shall be spelled out and worded identically with original records, with complete reference to proper book and page of record and shall be shown on every sheet of a multi-sheet map.

C.

All sheets shall be numbered, the relation on one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data.

D.

When required by the County Surveyor, a location map shall be placed on the parcel map which indicates the location of the proposed land division and its relationship to existing streets and highways.

E.

The certificates and acknowledgements, required by the Subdivision Map Act and this Ordinance, shall appear on the first sheet only. Statements shall include the following:

1.

Owner's statement.

2.

Trustee's statement, if applicable.

3.

Recorder's statement.

4.

Surveyor's/Engineer's statement.

5.

County Surveyor's statement.

6.

County Planning Director's statement.

7.

Subdivision Guarantee if any dedication is being made for public use (may be made by separate instrument and referenced on the map).

8.

Planning Commission Statement or Board of Supervisor's statement if the parcel map is approved upon appeal as provided in Section 90805.08.

9.

Tax Collector's statement (may be made by separate instrument and referenced on the map).

F.

The Engineer's or Surveyor's statement shall be as defined by Section 66449 of the Subdivisions Map Act. If a field survey was performed, the parcel map shall contain a statement by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced. The monument statement shall not be combined with the Engineer's or Surveyor's statement.

G.

The assigned map number, scale, and north arrow shall be shown on each sheet of the map. The particular number of the sheet and the total number of sheets comprising the map shall be shown on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. A complete boundary survey shall be shown on one sheet of every phase of unitized subdivision. Said boundary shall also reflect the original boundary as shown on the tentative map of said subdivision.

H.

The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated. The exterior boundary of the land included within the subdivision shall not include a designated remainder or omitted parcel. The designated parcel or omitted parcel shall be clearly labeled as such.

I.

A statement labeled "Surveyor's Notes" or "Engineer's Note" shall be shown on the first map sheet after the signature sheet of a multi-sheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, and a key to the symbols and abbreviations and such other information required by the County Surveyor. Starting July 1, 2024, the basis of bearings shall be based upon the California Coordinate System (CCS83) Zone VI (as defined by the Public Resources Code, Sections 8801—8819).

J.

Lots shall be numbered consecutively, commencing with the Number "1", with no omissions or duplications. Each lot shall be shown in its entirety on one sheet; unless, due to size and/or shape, and after using an acceptable scale, the County Surveyor determines the parcel(s) or lot(s) cannot reasonably be shown on a single sheet. Lots used for streets, alleys, or barrier strips shall be lettered. Easements shall be clearly identified. The following data shall be shown on each parcel map:

1.

Dates of survey and the name and registration number of the person authorized to practice land surveying by the State of California and who is responsible for the preparation of the map.

2.

Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the locations of alleys. Proposed public area and easements shall also be identified.

3.

Gross area of land division, and the net acreage, computed to the nearest .01 acres, all lot lines shall be shown by solid lines.

4.

Centerline of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the

portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map.

5.

Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the County Surveyor.

6.

Sufficient primary survey control points.

7.

Ties and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map.

8.

Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included on the owner's Certificate of Dedication. Easements shall be shown on the map by broken lines.

9.

Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers, untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey.

10.

No setback lines shall appear on the final map.

11.

New street names shown on a land division map must be approved by the County.

L.

Environmental Constraint Sheet.

1.

Additional survey and map information may be required in the form of an Environmental Constraint Sheet which is to be filed with the Imperial County Surveyor simultaneously with the recording of the parcel map. The additional information may include, but need not be limited to: flood hazard zones, seismic lines and

setbacks, geologic mapping, and archaeological sites. The Environmental Constraint Sheet is for informational purposes and is not intended to affect record title interest.

2.

When an Environmental Constrain Sheet is required, a note shall be placed below the Surveyor's notes on the parcel map in one-fourth inch high bold block letters, stating:

ENVIRONMENTAL CONSTRAINT SHEET

Environmental Constraint Sheet affecting this map is on file in the Office if the Imperial County Surveyor in Environmental Constraint Sheet Book ___, Page ___. This affects Lot Numbers ___________ or Parcel Number

___.

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

90805.21 - Parcel maps compiled from recorded data.

A parcel map of four or less parcels may be compiled from recorded or filed data, if such is acceptable to the County Surveyor.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90805.22 - Filing of a preliminary parcel map.

After a tentative parcel map is approved, the Subdivider may cause a parcel map to be prepared and submitted to the County Surveyor.

A.

When the subdivider files his final map for review by the office of the County Surveyor, four positive prints shall be distributed as follows (electronic versions may be provided in lieu of hard copies):

1.

One to the County Surveyor,

2.

One to the planning director.

3.

One to the Health Officer.

4.

One to Office of Emergency Services.

B.

The parcel map with map checking fee as required by Chapter 2 of Division 8 of this Ordinance.

C.

Required improvement plans with plan checking fee as required by Chapter 2 of Division 8 of this Ordinance.

D.

Evidence of title in the form of a current preliminary title report issued by a California title company showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests herein, current vesting deed(s) and supporting documents. In the event that any dedication is to be made for public use of any property shown on a parcel map, a subdivision guarantee shall be issued by a California title company.

E.

Prior to the recordation of the parcel map, the following items shall be provided and approved:

1.

A copy of the approved conditions along with a written report and support information as to compliance with each condition.

2.

Evidence of title in the form of a current title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a parcel map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title.

3.

All requests for waivers of signatures as provided in the Subdivision Map Act.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90805.23 - County surveyor review process.

A.

When a parcel map and all agreements (including proof of compliance with the conditions of approval of the tentative map), securities and other required documents have been submitted and found to be in correct form by the County Surveyor, he or she shall complete his or her certificate or statement within twenty (20) days from the time the parcel map is submitted for approval. The County Surveyor shall sign, date and below or immediately adjacent to the signature, indicate his or her registration or license number and the stamp or seal and state that:

1.

He or she has examined the map,

2.

The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof,

3.

All provisions of the Subdivision Map Act and all County ordinances applicable at the time of approval of the tentative map have been complied with,

4.

He or she is satisfied that the map is technically correct.

B.

The County Surveyor shall deliver the parcel map and a report of the subdivider's compliance with the conditions of approval to the Planning and Development Services Department or other appropriate officer if the tentative map was approved upon appeal for review and approval of the parcel map and signature. When the map is approved by the Planning Director, Chairman of the Planning Commission, or Chairman of the Board of Supervisors as the case may be, the County Surveyor may accept or reject dedications and offers of dedication that are made by separate instrument with the map and may sign certificates for the County. The County Surveyor shall deliver the approved map and documents to the County Recorder within the same twenty-day period.

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

90805.24 - Delivery of parcel map to the County Recorder.

A.

Upon the approval by the County Surveyor, the parcel map shall be transmitted to the County Recorder.

B.

The subdivider shall present to the Recorder evidence that, at the time of the filing of a final map or parcel map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the Office of the Recorder; otherwise the map shall not be filed.

C.

The Recorder shall have not more than ten (10) days within which to examine the final map or parcel map and either accept or reject it for filing.

D.

If the Recorder accepts the parcel map for filing, such acceptance shall be certified on the face thereof.

E.

The Recorder, upon filing the final map, shall attach the recording data to the polyester tape film duplicate original and thereupon deliver the same to the County Surveyor who shall retain custody thereof.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90805.25 - Certificate of correction.

After a parcel map is filed in the Office of the County Recorder, the recorded map may be modified by a Certificate of Correction.

The subdivider may apply to the County Surveyor for a Certificate of Correction upon finding that one or more of the following conditions apply:

A.

To correct an error in any course or distance shown thereon.

B.

To show any course or distance that was omitted therefrom.

C.

To correct an error in the description of the real property shown on the map.

D.

To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 6 - MAJOR SUBDIVISION - REQUIREMENTS[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 6, which pertained to the same subject matter, consisted of §§ 90806.00—90806.32, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

90806.00 - Major subdivisions.

The purpose of this Chapter is to establish procedure for the processing of applications for Major Subdivisions and approval of tract maps, generally described as follows:

A land division creating more than five parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A written application (form provided by the Planning and Development Services Department) for a major subdivision as defined in Chapter 1 of this Division shall be made to the Planning and Development Services Department by California Licensed Surveyor or California Civil Engineer (Licensed to practice in the category of work to be performed). The application shall be accompanied by the tentative tract map, fees, environmental documentation, preliminary title report and support documentation as required in this title.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A.

The subdivider shall offer to dedicate right-of-way for streets within the subdivision in accordance with Imperial County Standards.

B.

No final subdivision map shall be approved unless the street or streets providing primary access to the subdivision are dedicated to and maintained by a city, county, or state and said street or streets meet County standards and right-of-way width.

C.

Streets which are proposed on the boundaries of a subdivision shall have a dedicated width of not less than forty (40) feet together with a strip of land one foot wide on its out edge which shall be offered to the County for street purposes and over which access rights are relinquished.

D.

All streets proposed to be terminated at the subdivision boundary shall include a strip of land one foot wide across said street at its point of termination which shall be portions of the adjacent lots, offered for street purposes and over which access rights are relinquished.

E.

Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the County and shall improve said easements in accordance with the County standards.

F.

Where a drainage facility or flood control facility is necessary for the use of lot owners or for the protection of lots, adequate rights-of-way for such drainage facilities or flood control facilities shall be offered for dedication to the County or to such other public entities as the Board of Supervisors designates and shall be shown on the map.

G.

Where it is necessary to extend a drainage facility or flood control facility beyond the boundaries of the subdivision for adequate drainage or flood control needs, the required rights-of-way shall be offered for dedication.

H.

Drainage facilities and flood control facilities within and without the subdivision shall be provided so as to carry storm run-off both tributary to and originating within the subdivision.

I.

The subdivider may be required to offer to dedicate land for park purposes, pay fees in lieu thereof, or do a combination of both.

J.

The subdivider shall offer to dedicate, in accordance with the County standards, the necessary rights-of-way for bicycle routes under the following circumstances:

1.

When such routes are shown on the Circulation Element of the Imperial County General Plan pass through or about the subdivision; and

2.

When a subdivider is required to dedicate rights-of-way for streets in subdivisions containing two hundred (200) or more lots and such route is necessary and feasible for the use and safety of the residents.

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

90806.03 - Application procedure.

Every application submitted shall be deemed "received" on the date of submittal and shall be date stamped and dated by the department staff. The department shall within a maximum of thirty (30) days from receipt determine whether an application is complete or incomplete, and if further environmental documentation is required. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the rejection.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.04 - Authority of the planning director.

The planning director and/or his/her staff shall review every application and determine whether the major subdivision is consistent with the adopted General Plan.

If the major subdivision is not consistent with the General Plan, the application shall be rejected with reasons and any alternatives stated. In processing any application, staff shall prepare a full staff report including a recommendation based on planning principles, regulations in effect, and all legal requirements, before the planning commission may consider the project.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.05 - Distribution of application and tentative map.

Within ten (10) days of acceptance the application for processing, the Planning and Development Services Department shall forward at least one copy to the following agencies where applicable:

A.

California Department of Transportation;

B.

Any municipality entitled thereto;

C.

The Flood Control District or person designated who will perform flood control and drainage studies;

D.

Any city, community services district, school or other authorized district requesting a copy;

E.

Any utility surveyor serving the area with its facilities;

F.

Any others as may be appropriate.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The department shall schedule the major subdivision for a planning commission hearing by allowing adequate review time for staff and responsible departments/agencies, within the time limits established by law. Under no circumstances shall a project be heard by the planning commission without all required noticing having been provided.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The Department shall strictly adhere to the following noticing requirements:

A.

A one time publication in a newspaper of greatest circulation (within County) at a minimum of ten (10) days prior to the hearing date, and

a.

Direct mail notice to applicant, all parties of record interest, all parties having filed a written request to receive notices, all contiguous property owners; and, one of the following: In the R-1, R-2, R-3, R-4 Zones, all adjacent property owners whose property is within five hundred (500) feet of the exterior boundary of the subject parcel,

b.

In the agriculture, agriculture/industrial and open space zones, all adjacent property owners whose property is within one-half mile of the exterior boundary of the subject parcel,

c.

In all zones, except as specified in "a" and "b" above, all adjacent property owners whose property is within one thousand (1,000) feet of the exterior boundary of subject parcel.

MAJOR SUBDIVISIONS TO BE HEARD BY THE ENVIRONMENTAL EVALUATION COMMITTEE (EEC)

1.

A one time publication in a newspaper of greatest circulation (within County) at a minimum of five days prior to hearing date, and

2.

Direct mail notice to applicant and any party having requested a notice in writing.

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

90806.08 - Hearing procedure.

The planning commission shall conduct a public hearing and recommend approval or denial of the major subdivision based on the merits of the subdivision.

The planning commission or Board of Supervisors shall deny if the subdivision does not meet all requirements of this ordinance, or if any of the following findings are made:

A.

That the proposed land division is not consistent with applicable general and specific plans.

B.

That the design or improvement of the proposed land division is not consistent with applicable general and specific plans.

C.

That the site of the proposed land division is not physically suitable for the type of development.

D.

That the site of the proposed land division is not physically suitable for the proposed density of the development.

E.

That the design of the proposed land division or proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F.

That the design of the proposed land division or the type of improvements are likely to cause serious public health problems.

G.

That the design of the proposed land division or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division.

A subdivision may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by order of a court of competent jurisdiction.

Notwithstanding subsection E. above, a tentative map may be approved if an environmental impact report was prepared with respect to the project and a finding was made, pursuant to the California Environmental Quality Act, that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.09 - planning commission duties (major subdivisions).

The planning commission as a recommending body is authorized to carry out the following actions with reference to processing of major subdivisions:

A.

After the completion of a public hearing on the proposed subdivision, recommend to the Board of Supervisors, approval, conditional approval, or disapproval in whole or in part of tentative maps filed pursuant to this Division and/or the Subdivision Map Act. The planning commission shall take such action within fifty (50) days (or any longer period hereinafter prescribed by State law) after the filing of the tentative

map with the Planning and Development Services Department. This time limit may be longer if necessary to comply with other laws including, but not limited to CEQA.

B.

The Planning and Development Services Department shall forward the planning commission the recommendation to the Board of Supervisors. The Clerk of the Board of Supervisors shall then schedule a hearing. The Board of Supervisors shall conduct a public hearing.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.10 - Action by the Board of Supervisors.

The Board of Supervisors shall have the following options:

A.

Deny the major subdivision should it make any of the findings under Section 90806.08.

B.

Deny the major subdivision if it determines that the proposed subdivision is not compatible with surrounding zoning, or is detrimental to the surrounding property (or the County in general), or represents incompatible land uses, or may cause substantial adverse environmental consequences.

C.

Approve the major subdivision as recommended by the planning commission along with findings of approval and conditions.

D.

Continue the public hearing on the matter to a date/time certain for the purpose of having additional information made available to the Board of Supervisors.

Any decision made by the Board of Supervisors shall be final with no further appeal to an administrative body, except as provided by law.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.11 - Maps to conform to requirements of Board of Supervisors.

All final maps for major subdivisions shall conform to the requirements of the Subdivision Map Act and this Division and County Standards. After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved tentative map.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.12 - Board of Supervisors to approve maps.

No final map shall be filed with the County Recorder until approved by the Board of Supervisors.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

As a condition precedent to the approval by the Board of Supervisors of any final map, all parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.14 - Grant of open space easement.

In the event that a grant of an open space easement is to be made over any portion of the subdivision, the final map shall contain a certificate signed and acknowledged by those parties having any record title interest in the subdivided land granting such open space easement and stating the conditions of the grant.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.15 - School site dedication requirements.

As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such land as the Board of Supervisors deems to be necessary to insure the residents of the subdivision adequate elementary or secondary school services.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.16 - School site dedication procedure.

The requirement of dedication shall be made pursuant to County standards and shall be imposed at the time of the approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the County, the school district does not offer to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.17 - Payments to subdivision for school site dedications.

The school district, if it accepts the dedication shall repay to the subdivider of the dedicated land, plus the sum equal to the total of the following amounts:

A.

The cost of any improvement to the dedicated land since acquisition by the subdivider.

B.

The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication.

C.

Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any load covering such land.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.18 - Exemption from school site dedication requirements.

The provisions of Sections 90806.15, 90806.16, 90806.17 shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.19 - Type of map required.

Unless otherwise provided in this Division a final subdivision map shall be prepared and filed pursuant to an approved tentative map for every major subdivision for which a tentative map is required by this Division.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.20 - Additional certificates to be submitted prior to the approval of final subdivision map.

In addition to certificates and other material required by the Subdivision Map Act and this Division, prior to acceptance and approval of every final subdivision map, every such map shall bear the following certificates or endorsements:

A.

A certificate by the County Treasurer and the Tax Collector to the effect that there are no taxes due but not yet payable and there are not unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part thereof. Said certificate may be submitted with the final map.

B.

A certificate by the Clerk of the Board of Supervisors that the provisions of Division 2, Title 7 of the Government Code have been complied with regarding deposits for taxes on the property within the subdivision as well as a certificate stating that the Board approves the map. Said certificates may be submitted with the final map.

C.

Certificate of County Recorder as to the filing of the map.

D.

Certificate of the planning director indicating said final map conforms with the tentative map previously approved for the subdivision.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.21 - Boundary requirements.

A.

Surveys made in preparation of final maps shall be in accordance with standard practices and principals of surveying and all applicable provisions of the Subdivisions Map Act.

B.

The entire boundary of a subdivision must appear on the first map sheet of a final map showing:

1.

A boundary survey of the land division, including all courses and distances necessary to compute a closure,

2.

Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines or record,

3.

Phased units in relation to the boundary.

C.

The County Surveyor may waive the boundary map if sufficient survey information is of record.

D.

Whenever the Country Surveyor has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map shall show City and County boundaries adjoining the division of land.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.22 - Filing of a preliminary final map.

A.

When the subdivider files this final map for preliminary checking in the office of the County Surveyor, five positive prints shall be distributed as follows:

1.

Two to the County Surveyor;

2.

One to the planning director;

One to the Health Officer;

4.

One to the Office of Emergency Services.

B.

The final map shall be accompanied by the map checking fee as set forth in this Title.

C.

Required improvement plans shall be submitted to the Public Works Department and accompanied with the plan checking fee as set forth in Chapter 2 of Division 8.

D.

Prior to the recordation of the final map, the following items shall be provided and approved:

1.

A copy of the approved conditions, along with a written report and support information as to compliance with each condition.

2.

Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of this title.

3.

All requests for waivers of signatures as provided in the Subdivision Map Act.

4.

Letters from utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the said public utility purveyors as to location of their facilities.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.23 - Final map provisions and data requirements.

A.

Final maps shall conform to all of the following provisions:

1.

Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the County Surveyor and authorized by the County Recorder. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be eighteen (18) inches × twenty-six (26) inches". A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.

2.

Each sheet shall bear the number as assigned by the Planning and Development Services Department which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. Reference shall be spelled out and worded identically with original records, with complete reference to proper book and page of record and shall be shown on every sheet of a multi-sheet map.

3.

All sheets shall be numbered, the relation on one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data.

4.

When required by the County Surveyor, a location map shall be placed on the parcel map which indicates the location of the proposed land division and its relationship to existing streets and highways.

5.

The certificates and acknowledgements, required by the Subdivision Map Act and this Ordinance, shall appear on the first sheet only. Statements shall include the following:

a.

Owner's statement.

b.

Trustee's statement.

c.

Recorder's statement.

d

Surveyor's/Engineer's statement.

e.

County Surveyor's statement.

f.

County planning director's statement.

g.

Clerk of the Board of Supervisor's statement.

h.

Board of Supervisor's statement.

i.

Tax Collector's statement.

6.

The surveyor's or engineer's certificate shall state that the survey was made by him or her or under his/her direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with.

7.

The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer's scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of unitized subdivision. Said boundary shall also reflect the original boundary as shown on the tentative map of said subdivision.

8.

The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated.

9.

A statement labeled Surveyor's Notes or Engineer's note shall be shown on the first map sheet after the signature sheet of a multi-sheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, and a key to the symbols and abbreviations and such other information required by the County Surveyor.

10.

Lots shall be numbered consecutively, commencing with the Number "1", with no omissions or duplications. Each lot shall be shown in its entirety on one sheet; unless, due to size and/or shape, and after using an acceptable scale, the County Surveyor determines the parcel(s) or lot(s) cannot reasonably be shown on a

single sheet. Lots used for streets, alleys, or barrier strips shall be lettered. Easements shall be clearly identified.

B.

The following data shall be shown on each final map:

1.

Dates of survey and the name and registration number of the person authorized to practice land surveying by the State of California and who is responsible for the preparation of the map;

2.

Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the locations of alleys. Proposed public area and easements shall also be identified.

3.

Gross area of land division, and the net acreage, computed to the nearest .01 acres, all lot lines shall be shown by solid lines.

4.

Centerline of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map.

5.

Sufficient data to determine readily the bearing and length of each line. Recorded survey data as required by the County Surveyor.

6.

Sufficient primary survey control points.

7.

Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map.

8.

Centerline data and width of all easements to which the subdivision is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the subdivision. Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location. Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if

already on record, proper reference to the records given. Easements dedicated in subdivision shall be included in the owner's Certificate of Dedication. Easements shall be shown on the map by broken lines.

9.

Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers, untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey.

10.

No setback lines shall appear on the final map.

11.

New street names shown on a subdivision map must be approved by the County Surveyor.

12.

Environmental Constraint Sheet.

a.

Additional survey and map information may be required in the form of an Environmental Constraint Sheet which is to be filed with the Imperial County Surveyor simultaneously with the recording of the parcel map. The additional information may include, but need not be limited to: flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites. The Environmental Constraint Sheet is for informational purposes and is not intended to affect record title interest.

b.

When an Environmental Constraint Sheet is required, a note shall be placed below the Surveyor's notes on the parcel map in one-fourth inch high bold block letters, stating:

ENVIRONMENTAL CONSTRAINT SHEET

Environmental Constraint Sheet affecting this map is on file in the Office if the Imperial County Surveyor in Environmental Constraint Sheet Book ________, Page _______. This affects Lot Numbers ________ or Parcel Number ________.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A.

After the preliminary final map is determined to be correct, the County Surveyor shall notify the subdivider to prepare and submit the original and duplicate original of the final map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of

the final map. If the final map or documents are not determined complete by the County Surveyor, they shall be returned to the subdivider for corrections.

B.

The original and duplicate original map shall be inscribed on polyester base film, including the required signatures, and shall meet the requirement of the County Surveyor.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.25 - Action by the County Surveyor.

A.

When a final map and all agreements (including proof of compliance with the conditions of approval of the tentative map), securities and other required documents have been submitted and found to be in correct form, the County Surveyor shall, within twenty (20) days thereafter, file a final map and documents and then shall certify that:

1.

The County Surveyor has examined the map,

2.

The subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof,

3.

All provisions of the Subdivision Map Act and all County ordinances applicable at the time of approval of the tentative map have been complied with, he/she is satisfied that the map is technically correct.

B.

The County Surveyor shall deliver the final map report of condition compliance to the Planning and Development Services Department for review and the Planning Director's signature. The County Surveyor shall within twenty (20) days thereafter, approve the map if it conforms to all the requirements of the Subdivision Map Act and this Ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. When the map is approved, the County Surveyor may accept or reject dedications and offers of dedication that are made by certificate on such map, and may sign the certificate for the County. The County Surveyor shall file the approved map and documents with the Clerk of the Board for transmittal by the Clerk of the County Recorder.

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

The Board, upon filing of the final map shall at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all requirements of

the Subdivision Map Act and this Ordinance applicable at the time of approve or conditional approval of the tentative map and rulings made thereunder.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.27 - Required improvements.

A.

Before approving a final map for a major subdivision, the Board of Supervisors shall require:

1.

That the subdivider grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets and easements. Bicycle routes shall be laid out on a final map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision, to address local neighborhood traffic and also address drainage. All improvements shall be in accordance with the Imperial County Standards.

2.

That the subdivider comply with the public works director's conditions requiring construction of necessary drainage and flood control structures to conform to Imperial County Standards.

3.

That the subdivider provide proof satisfactory to the County that there exists an adequate potable water supply available to each lot or parcel and that subdivider install or agree to install minimum pressure water supply pipe of a diameter conforming to County Standards.

4.

That there is a water district or mutual company created to insure the continuity, maintenance, and operation of an adequate water system to the subdivision.

5.

That the subdivider provide all necessary easements and rights-of-way to accommodate all streets, drainage and flood control structures and facilities and sewer systems existing beyond the boundaries of the subdivision.

B.

Where the Board of Supervisors determines by reason of the size and shape of the proposed lots, the nature of the terrain to be subdivided, the soil condition of the lots or the development of the area in the vicinity of the proposed subdivision, a public sewer disposal system serving the lots will be required to preserve the public health, the Board of Supervisors will require the subdivider to install or agree to install a public sewer disposal system serving said lots as a condition precedent to the approval of any final map. Said system shall conform to County Standards.

C.

If required as condition to subdivision the subdivider shall construct or shall cause to be constructed at his cost a street lighting system conforming to County Standards. There shall be a taxing authority or special district board to maintain said lighting system.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.28 - Agreement to improve.

A.

If, at the time of approval of the final map by the Board of Supervisors, any public improvements required pursuant to the Subdivision Map Act or this Division have not been completed and accepted in accordance with County Standards applicable at the time of approval or conditional approval of the tentative map, the Board of Supervisors, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements:

1.

An agreement with the County upon mutually agreement terms to thereafter to complete such improvements at the Subdividers expense.

2.

An agreement with the County to thereafter:

(i)

Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements; or

(ii)

If not completed under such special assessment act, to complete such improvements at the Subdividers expense.

B.

Where the subdivider agrees to construct improvements, he/she shall prepare and deposit with the Clerk of the Board of Supervisors or with the County Surveyor detailed plans and specifications of the improvements to be constructed and such plans and specifications shall be made a part of any agreement or contract and of the Government Code Section 66499, securities required for same.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or by this Division shall be secured in the manner provided for in Section 66499 of the Government Code.

The improvement security shall be in amounts set forth or authorized in Section 66499 of the Government Code. If the improvement security is other that the bond or bonds furnished by duly authorized corporate

security, an additional amount shall be included as determined by the board of supervisors as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney fees, which may be incurred by the County in successfully enforcing the obligations secured. The improvement security shall also secure the faithful performance of any changes or alterations to the work to the extent that such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The improvements security required hereunder shall be released in the following manner:

A.

Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subparagraph (B) hereof.

B.

The public works director may release a portion of the securities in conjunction with the acceptance of the performance of the act or work, as it progresses upon application by the subdivider. In no event shall the public works director authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligations imposed by this ordinance, the Subdivision Map Act or the improvement agreement.

C.

Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of each act or work, be reduced to an amount equal to an amount of all claims therefore filed and which notice has been given to the Board of Supervisors, plus an amount reasonably determined by the public works director to be required to assure the performance of any obligations security thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

D.

No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A.

Every final map shall show the following monuments which shall be set by a licensed surveyor or registered engineer.

Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments at the intermediate points along the boundary not more than one thousand (1,000) feet apart and at the beginning and end of points of all curves; provided, if any existing record and identified monument meeting the foregoing requirements is found at any such corner or point. Such monument may be used in lieu of a new monument.

2.

A center line of street monument shall be installed.

3.

Lot corner monuments. All lot corner except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types:

(i)

Three-quarter-inch diameter iron pipe;

(ii)

Lead plug and copper identification disks or chipped and "x" set in concrete sidewalks or curbs;

(iii)

Two by two by twelve-inch redwood hub with copper identification disk.

4.

Such additional monuments to mark the limiting lines of streets as the public works director may require.

5.

All other monuments set or proposed to be set.

6.

Bench marks shall be set as directed by Department of Public Works.

B.

All monuments and their installation shall conform to the County Standards.

C.

All of the foregoing monuments shall be set prior to the approval of the map by the Board of Supervisors unless the setting thereof is deferred in accordance with Section 66496 of the Government Code; provided, however, the setting of exterior boundary monuments shall not be deferred unless the public works director determines that such monuments might be disturbed by the construction of improvements.

D.

Where the setting of monuments is deferred following filing of a final map, such monuments shall be set within thirty (30) days after the completion of the required improvements and the acceptance thereof by the County.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90806.32 - Delivery of final map to the County Recorder.

A.

Upon approval by the Board, or upon approval by the County Surveyor if he/she is so authorized, the Clerk of the Board shall certify that all required certificates, security and deposits have been filed and shall transmit the final map or parcel map to the Recorder.

B.

The subdivider shall present to the Recorder evidence that, at the time of the filing of a final map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the Office of the Recorder; otherwise, the map shall not be filed.

C.

The Recorder shall have not more than ten (10) days within which to examine the final map and either accept or reject it for filing.

D.

If the Recorder accepts the final map for filing, such acceptance shall be certified on the face thereof.

E.

The Recorder, upon filing the final map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the County Surveyor who shall retain custody thereof.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 7 - LOT LINE ADJUSTMENTS[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 7, which pertained to the same subject matter, consisted of §§ 90807.00—90807.08, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

The purpose of this Chapter is to establish procedures for the processing of applications for Lot Line Adjustments. A lot line adjustment is a modification of a boundary line between four or fewer existing

adjoining legal parcels where the modification complies with the following criteria:

A.

No new parcels are created, and no existing parcels are deleted.

B.

No parcel is reduced below the minimum lot area or minimum setback and minimum distances between structures required by the zoning designation set forth in Imperial County Land Use Ordinance and the General Plan of Imperial County.

C.

The proposed adjustment is exempt from the Subdivision Map Act, and no tentative map, final map or parcel map, shall be required as a condition to the approval of a lot line adjustment.

D.

Public rights-of-way are not altered in any way unless approved by the Director of Public Works.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A written application (form provided by the Planning and Development Services Department) for a lot line adjustment as defined in Chapter 1 of this Division shall be made to the Planning and Development Services Department. The applications shall be accompanied by the fee as required in this Title.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Every application for a Lot Line Adjustment shall include a detailed "site plan". The site plan shall include such information deemed necessary by the Planning and Development Services Department, and at a minimum shall include the following:

1.

Must show the entirety of all parcels and all property boundary lines.

2.

All property boundary dimensions.

3.

All existing structures (below and above ground).

4.

All proposed structures (below and above ground).

Distance from all structures to property lines and between structures.

6.

North orientation.

7.

Scale.

8.

Access from adjacent street/road.

9.

All utility locations (i.e. electrical, plumbing).

10.

Name and telephone number of person(s) preparing plan.

11.

Location of known hazard areas, if any.

12.

Assessor's Parcel Number, legal description and property size.

13.

Must show all easements, rights-of-way, etc.

14.

Parking areas.

15.

Drainage.

16.

Must show proposed lot line adjustment. This line must be shown as dashed and labeled proposed Lot Line. Dimension of existing and proposed lines must be shown.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90807.03 - Application procedure.

Every application submitted shall be deemed "received" on the date of submittal and shall be signed and dated by the Department staff. The Department shall within a maximum of thirty (30) days from receipt determine whether an application is complete or incomplete. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the rejection.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the Department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

The Planning Director shall conduct a public hearing and approve or deny the lot line adjustment based on consistency with the following determination if the application is categorically exempt under CEQA, or if further environmental documentation is required.

A.

Whether the lot line adjustment conforms to State law and County Ordinances;

B.

The lot line adjustment is consistent with County Zoning and Building law;

C.

That the lot line adjustment is not a re-subdivision pursuant to Government Code, Section 66499.20.2;

D.

That the lot line adjustment does not create any new lots or parcels or delete any lots or parcels;

E.

Determine what CEQA documentation is necessary to be filed for the applicants;

F.

Determine what conditions are necessary for compliance with Land Use Ordinance, and to facilitate the relocation of existing utilities, infrastructure, easements or improvements;

G.

A County tax certificate ensuring that all property taxes are current prior to recordation of the certificate of compliance.

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

The Department shall schedule the lot line adjustment for Planning Director Action or Planning Commission by allowing adequate review time for staff and responsible departments/agencies, yet within time limits established by law. Under no circumstances shall a project be heard by the Planning Director without all required noticing having been provided.

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

90807.05 - Noticing (public/applicant).

The department shall strictly adhere to the following noticing requirement:

Refer to Division 1, Chapter 4, Section 90104.03.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Any decision made by a hearing body (planning director, planning commission, and/or Board of Supervisors) shall be deemed a final decision unless appealed to the next administrative hearing body as provided under Section 90101.10. No hearing body shall be allowed to re-hear or re-consider its decision, except as provided for under Section 90101.10.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90807.07 - Appeal from planning director action on lot line adjustments.

Upon the filing of an appeal from the Director's decision, the Director shall then schedule a hearing on the issue before the planning commission, at the next regularly scheduled meeting for which noticing requirements can be met. A decision of the Director on lot line adjustments shall not be appealable to the Board of Supervisors and must be heard by the planning commission.

Any person may appeal the decision of the planning director on a lot line adjustment provided such an appeal meets the following requirements:

A.

A written appeal is filed within ten (10) calendar days from the planning director's decision on land use projects or decisions.

B.

The appeal is filed with the Planning and Development Services Department.

C.

The requisite fees are included.

D.

The written appeal clearly states the following:

Name of person(s) filing appeal.

2.

Address and phone number of person(s) filing.

3.

Project/decision being appealed.

4.

Reason for filing appeal.

5.

Facts, condition(s), information, error, or other specifics to warrant appeal.

6.

Prior effort(s) made to arrive at acceptable solution if any.

7.

Action being requested (i.e. deny project, approve project, modify conditions, etc.).

8.

Signature of applicant.

The planning commission's decision is final with no further appeal.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90807.08 - Final action.

Upon compliance with all conditions of approval and submittal and completion of all of the following, the Planning Director shall record a Lot Line Adjustment Certificate of Compliance.

1.

Full legal description and closure sheets acceptable to the County Surveyor and the Planning Director. The legal description shall be stamped and signed by a California Licensed Land Surveyor or a California Registered Civil Engineer (licensed to practice in the category of work to be performed) on plain bond paper eight and one-half inches by eleven (11) inches.

2.

Letter of approval by the County Surveyor on the new legal description.

Certificate of Compliance prepared by the Planning and Development Services Department and signed by the Planning Director,

4.

Current tax certificate issued.

5.

Recording fees.

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

Chapter 8 - LOT MERGERS INITIATED BY PROPERTY OWNER[[10]]

Footnotes:

--- ( 10 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 8, which pertained to the same subject matter, consisted of §§ 90808.00—90808.08, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

90808.00 - Purpose.

The purpose of this Chapter is to establish procedures for the processing of Lot Merger applications initiated by the record property owner. Merger can only be considered where:

A.

All the lots or parcels are contiguous.

B.

The lots or parcels were created by a parcel map or tract map in compliance with the Subdivision Map Act and Imperial County Ordinance at the time of creation, or were legal lots prior to enactment of the Subdivision Map Act.

C.

The lots or parcels cannot be separated by or affected by an easement, right-of-way, road, alley or canal (including public utility easements).

D.

Affect or restrict any access to lots or parcels.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90808.01 - Application.

A written application (form provided by the Planning and Development Services Department) for a lot merger as defined in Chapter 1 of this Division shall be made to the Planning and Development Services Department. The applications shall be accompanied by the fee as required in this Title.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90808.02 - Site plan.

Every application for a lot merger shall include a detailed "site plan". The site plan shall include such information deemed necessary by the Planning and Development Services Department, and at a minimum shall include the following:

1.

Must show the entirety of all parcels and all property boundary lines.

2.

All property boundary dimensions.

3.

All existing structures (below and above ground).

4.

All proposed structures (below and above ground).

5.

Distance from all structures to property lines and between structures.

6.

North orientation.

7.

Scale.

8.

Access from adjacent street/road.

9.

All utility locations (i.e. electrical, plumbing).

10.

Name and telephone number of person(s) preparing plan.

Location of known hazard areas, if any.

12.

Assessor's Parcel Number, legal description and property size.

Must show all easements, rights-of-way, etc.

Parking areas.

Drainage.

16.

Must show proposed property line to be removed. These lines must be shown as dashed and labeled to be removed.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90808.03 - Application procedure.

Every application submitted shall be deemed "received" on the date of submittal and shall be signed and dated by the Department staff. The Department shall within a maximum of thirty (30) days from receipt determine whether an application is complete or incomplete. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the rejection.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the Department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

The Planning Director shall conduct a public hearing and approve or deny the lot merger based on consistency with the following determination if the application is categorically exempt under CEQA, or if further environmental documentation is required.

A.

All the lots or parcels are contiguous.

B.

Whether the lot merger conforms to State law and County Ordinance.

C.

The lot merger is between lots or parcels that were created by a parcel or tract map consistent with the Subdivision Map Act and County Ordinance in effect at the time they were created.

D.

The lots or parcels are not separated or affected by any easement, right-of-way, road, alley or canal (including public utility easements).

E.

The parcel as merged will not be deprived access as a result of the merger.

F.

Access to the adjoining parcels will not be restricted by the merger.

G.

The parcel as merged will not conflict with the location of any existing structures on the property.

H.

No new lot or lots are created through the merger.

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

90808.04 - Hearing scheduling.

The Department shall schedule the lot merger for Planning Director Action or Planning Commission by allowing adequate review time for staff and responsible departments/agencies, yet within time limits established by law. Under no circumstances shall a project be heard by the Planning Director without all required noticing having been provided.

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

90808.05 - Noticing (public/applicant).

The department shall strictly adhere to the following noticing requirement:

Refer to Division 1, Chapter 4, Section 90104.03.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90808.06 - Final decisions.

Any decision made by a hearing body (planning director, planning commission, and/or Board of Supervisors) shall be deemed a final decision unless appealed to the next administrative hearing body as provided under

Section 90101.10. No hearing body shall be allowed to re-hear or re-consider its decision, except as provided for under Section 90101.10.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90808.07 - Appeal from planning director action on lot mergers.

Upon the filing of an appeal from the Director's decision, the Director shall then schedule a hearing on the issue before the planning commission, at the next regularly scheduled meeting for which noticing requirements can be met. A decision of the Director on lot mergers shall not be appealable to the Board of Supervisors and must be heard by the planning commission.

Any person may appeal the decision of the planning director on a lot merger provided such an appeal meets the following requirements:

A.

A written appeal is filed within ten (10) calendar days from the planning directors decision on lot merger.

B.

The appeal is filed with the Planning and Development Services Department.

C.

The requisite fees are included.

D.

The written appeal clearly states the following:

1.

Name of person(s) filing appeal.

2.

Address and phone number of person(s) filing.

3.

Project/decision being appealed.

4.

Reason for filing appeal.

5.

Facts, condition(s), information, error, or other specifics to warrant appeal.

Prior effort(s) made to arrive at acceptable solution, if any.

7.

Action being requested (i.e. deny project, approve project, modify conditions, etc.).

8.

Signature of applicant.

The planning commission's decision is final with no further appeal.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90808.08 - Final action.

Upon compliance with all conditions of approval and submittal and completion of all of the following, the planning director shall record a Lot Merger Certificate of Compliance.

1.

Full legal description and closure sheets acceptable to the Planning Department stamped and signed by a California Licensed Land Surveyor or a California Registered Civil Engineer (licensed to practice in the category of work to be performed) on plain bond paper eight and one-half inches × eleven (11) inches.

2.

Letter of approval by the County Surveyor on the new legal description.

3.

Current tax certificate issued.

4.

Recording fees.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 9 - LOT MERGER INITIATED BY THE COUNTY[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 9, which pertained to the same subject matter, consisted of §§ 90809.00—90809.05, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

90809.00 - Lot mergers/procedures.

Two or more contiguous parcels or units held by the same owner shall be considered merged if one of the parcels or units does not conform to the minimum parcel or lot size required by this Division and if all the following requirements are satisfied:

A.

At least one of the affected parcels is undeveloped by any structure for which a building permit was issued, and for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures.

B.

With respect to affected parcels, one or more of the following conditions must exist:

1.

Comprises less than six thousand (6,000) square feet in area (or in an agricultural zone, less than forty (40) acres) or is less than the minimum parcel size required for the existing zone.

2.

Was not created in compliance with applicable laws and ordinances in effect of the time of its creation.

3.

Does not meet the current standards for sewer and domestic water supply.

4.

Does not meet the slopes stability standards.

5.

Has no legal or physical access which is adequate for vehicle and safety equipment access and movability.

6.

Development could create a health or safety hazard.

7.

Is inconsistent with the General Plan any applicable specific plan other than the minimum lot size or density standards.

C.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as the date that the notice of intention to determine status is recorded pursuant to this Division.

D.

Subsection (C) shall not apply if any of the conditions provided in Government Code, Section 66451.11(b), (A), (B), (C), or (D) exist.

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

90809.01 - Notice of intention to determine status.

Prior to recording a Notice of Merger, the Planning and Development Services Department shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcel may be merged pursuant to this Section, that, within thirty (30) days from the date notice of intention was recorded, the owner may request a hearing before the planning director to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the County Recorder by the Planning and Development Services Department on the same day that the notice is mailed to the property owner.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

The owner of the affected property may file a written request for a hearing with the Planning and Development Services Department within thirty (30) days after recording the notice of intention to determine the status. Upon receipt of the request, the department shall set a time, date and a place for the hearing before the planning director and notify the owner by certified mail. The hearing shall be conducted within sixty (60) days following the receipt of the owner's request, and may be postponed or continued by mutual consent of the planning director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirement for merger specified in this Division.

At the conclusion of the hearing, the planning director shall determine whether the affected parcels are merged or are not to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner by the department within five days of the date of the hearing.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90809.03 - Determination of merger.

If the planning director reaches the determination that the parcels are to be merged, a notice of merger shall be filed for record with the County Recorder by the Planning and Development Services Department within thirty (30) days of the conclusion of the hearing, unless a decision has been appealed pursuant to this Division. The notice of merger shall specify the name and record owner and the description of property, assessor's parcel number, and address. The notice of merger under this Section shall be in the form approved by the planning director and shall be approved by the planning director prior to being filed for record with the County Recorder.

If the planning director makes determination that the parcels shall not be merged, a release of notice of intention to determine status shall be filed for record with the County Recorder by the Planning and Development Services Department within thirty (30) days after the planning commission's determination, and a clearance letter shall be mailed to the owner by the Planning and Development Services Department.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90809.04 - Appeals to the planning commission.

The determination of the planning director may be appealed to the planning commission within ten (10) calendar days of the date of mailing the notice of determination. The planning commission shall hear the appeal within sixty (60) days from the date of the appeal. If after the hearing the planning commission grants the appeals and determines that the affected parcels have not been merged pursuant to this Section, the Planning and Development Services Department shall within thirty (30) days after the planning commission's determination, file for record with the County Recorder a release a notice of intention to determine status and mail a clearance letter to the owner.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90809.05 - Determination when no hearing is requested.

If the property owner does not file a request for hearing within thirty (30) days after recording of the notice of intention to determine status the Planning and Development Services Department may at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be recorded within ninety (90) days after the mailing of the notice of intention to determine status.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 10 - REVERSION TO ACREAGE[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 10, which pertained to the same subject matter, consisted of §§ 90810.00—90810.07, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

90810.00 - Reversions to acreage by parcel map or final map.

Subdivided property may be reverted to acreage pursuant to provisions of this Chapter.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90810.01 - Initiation of proceedings by owners.

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Planning Director. The petition shall contain the information required by Section 90810.03 and such other information as required by the Planning Director.

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

90810.02 - Initiation of proceedings by board of supervisors.

The Board of Supervisors on its own motion may by resolution initiate proceedings to revert property to acreage. The Board of Supervisors shall direct the Public Works Director to obtain the necessary information to initiate and conduct the proceedings in accordance with Government Code Section 665499.12 (Subdivision Map Act).

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

90810.03 - Data for reversion to acreage.

Petitioners shall file the following:

A.

Evidence of title to the real property and Preliminary Title Report (not more than six months since issuance);

B.

Evidence of the consent of all of the owners of an interest in the property;

C.

Evidence that none of the improvements required to be made or have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement, for completion of the improvements, whichever is later;

D.

Evidence that no lots shown on the final map or parcel map have been sold within five years from the date such final map was filed for record;

E.

A tentative map in the form prescribed by Chapter 3 of this Division;

F.

Applicable applications for minor subdivision or major subdivision as prescribed in Chapter 5 and 6 of this Division;

G.

A parcel map or final map in the form prescribed by Chapters 5 and 6 of this Division which delineates dedications which will not be vacated and dedications required as a condition to reversion;

H.

Applicable fees for the reimbursement of the processing of the petition for Reversion of Acreage.

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

90810.04 - Hearing process.

Hearing process as prescribed in Chapters 5 and 6 of this Division for minor subdivision or major subdivisions along with the process for the approval of a parcel map or tract map. All reversions to acreage must be heard by the Board of Supervisors.

The Board of Supervisors may approve a reversion to acreage only if it finds and records in writing that:

A.

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

B.

Either:

1.

All owners of an interest in the real property within the subdivision have consented to reversion; or

2.

None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

3.

No lots shown on the parcel map or final map have been sold within five years from the date such map was filed for record.

C.

The Board of Supervisors may require the following as conditions of reversion:

1.

The owners dedicate or offer to dedicate streets or easements.

2.

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this Division.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Upon filing of the parcel map or final map for reversion of acreage with the County Recorder, all fees and deposits for improvements shall be returned to the subdivider, and all improvement securities shall be released by the Board of Supervisors.

In accordance with Government Code Section 66499.17 those fees necessary to reimburse the County for the processing of the original minor or major subdivisions defined in Chapters 5 and 6 of this Division and those costs of processing of the Petition for Revision of Acreage shall be retained by the County and not returned to the property owner.

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

90810.06 - Delivery of parcel map or final map.

After the hearing before the Board of Supervisors and approval of the reversion, the parcel map or final map shall be delivered to the County Recorder.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90810.07 - Effect of filing reversion map with the County Recorder.

Reversion shall be effective upon the parcel map or final map being filed for record by the County Recorder. Upon filing, all dedication and offers of dedication not shown on the parcel map or final map for reversion shall be no longer in force and effect.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 11 - RECORD OF SURVEYS[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 11, which pertained to the same subject matter, consisted of §§ 90811.00, 90811.01, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

90811.00 - County Surveyor.

Pursuant to Section 27550 of the Government Code of the State of California, the County Surveyor shall be appointed by the Board of Supervisors of the County of Imperial and shall serve at the pleasure of the Board. Pursuant to the provisions of Section 23200 of Chapter 2 of Division 3 of Title 2 of the Codified Ordinances of the County of Imperial, the Board of Supervisors may appoint the Director of Public Works as the County Surveyor. The County Surveyor shall have those powers, duties, and responsibilities set forth as Article 1, Chapter 11, Division 2, of Title 3 and Division 3 of Title 7 of the Government Code of the State of California and in Article 5, Chapter 15, Division 3 of the Business and Professional Code of the State of California.

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

90811.01 - Filing requirements.

Except where not required pursuant to Section 8765 of the Business and Professional Code of the state of California, within 90 days after the establishment of points or lines the licensed land surveyor or registered civil engineer shall file with the County Surveyor for the county of Imperial a record of survey relating to land

boundaries or property lines as required by Section 8762 of the Business and Professions Code of the state of California.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 12 - ENFORCEMENT—PENALTY—CERTIFICATES OF COMPLIANCE[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 11, which pertained to the same subject matter, consisted of §§ 90812.00—90812.13, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

Whenever the public informs the county or the county assessor or the head of any other county department finds that the provisions of this Division or the Subdivision Map Act have been violated, he/she shall report such violation to the public works director and the planning director. It shall be the duty of said planning director to investigate such report and enforce the provisions of this division and the Subdivision Map Act.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.01 - Notice of violation.

Whenever the planning director has knowledge that real property has been divided, or has resulted from division, in violation of the provisions of the Subdivision Map Act or County Ordinances enacted pursuant thereto applicable at the time such violation occurred, he/she shall cause to be filed for record with the county recorder a notice of violation. Such notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.02 - Unauthorized development, permits and approvals withheld for illegal subdivisions.

A.

No person shall convey any parcel or parcels of real property nor shall any permits be issued nor any construction commenced upon property for which a subdivision map is required by this Division or the Subdivision Map Act, until such map thereof in full compliance with the provisions of this Division and the Subdivision Map Act has been filed for record by the County Recorder.

B.

Conveyance of any part of a division of real property for which a final or parcel map is required by this Division or the Subdivision Map Act shall not be made by parcel or block number, initial or other designation, unless such map has been filed for record by the County Recorder.

C.

Each violation of this division by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars ($10,000.00), or by both that fine and imprisonment. Every other violation of this division is a misdemeanor.

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

90812.03 - Building permit applications to be reviewed for compliance.

Whenever any person submits an application to the Planning and Development Services Department for a building permit, the application together with the plot plan shall be reviewed for determination as to whether such proposed construction would create an illegal subdivision. The Department shall not issue any building permit for such proposed construction until it is determined that the proposed construction would not constitute a violation of the Subdivision Map Act or this Division.

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

90812.04 - Inspection of building permit for subdivision violation.

Upon review if it is determined that a permit or approval is being sought to develop real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or the Subdivision Map Ordinance, or upon receipt of a written request for a determination from the owner of such real property, the planning director, or an appeal, the planning commission shall determine whether such real property is or is not approved for development, and shall so inform the owner thereof and the provisions under Section 90812.07.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.05 - Certificates of compliance.

Any owner of real property may request in writing that the planning director make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and Subdivision Map Ordinance.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.06 - Finding necessary prior to issuance of certificate of compliance.

Prior to issuing a certificate of compliance or conditional certificate of compliance the planning director or the planning commission shall make the findings required in Section 90805.07 of this Division and shall deny the issuance of said certificate of compliance if any such findings are in the negative.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.07 - Necessary considerations prior to issuance of certificate of compliance.

Subject to the provisions contained in Section 90812.05 of this Division in determining whether the approval or conditional approval should be granted for development of real property divided or resulting from a division in violation of the Subdivision Map Act or the Subdivision Map Ordinance, the planning director shall consider:

A.

Whether the owner of the real property can rescind the agreement by which he/she acquired the real property and recover the consideration paid therefore.

B.

Whether the real property meets the requirements of the applicable zoning regulations.

C.

Whether the real property is served by a public sewer or is approved by the health department for installation of a sewage disposal system in accordance with the Septic Tank Ordinance.

D.

Whether the real property has a potable water supply satisfactory to the public health officer.

E.

Whether the real property has legal and physical access to a County maintained road.

F.

Whether the current owner would have been required to dedicate land for any public purpose or construct or install any improvements pursuant to the terms of the Subdivision Map Act or the Subdivision Ordinance had the subdivision by which said real property was created been submitted for approval at the time the current owner acquired the property.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.08 - Authority of the planning director.

The planning director is hereby granted authority to investigate all requests in the form of an application for determination under this Division.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A written application (form provided by planning and development services department) for a certificate of compliance shall be filed with the department, accompanied by all information required along with requisite fee as required in this Title, a title trace of the parcel's origin, a Title Report, a site plan and any other information the department deems necessary.

A.

Applications—(General):

1.

Property owners name, address and telephone number.

Legal description.

3.

Assessor's Parcel Number(s).

4.

Specific explanation of requested action, i.e. detailed project description.

5.

Signature of applicant; and if not property owner, signature of owner(s) or an Owner's Affidavit.

6.

Preliminary Title Report not more than six months old.

7.

Any supporting documentation necessary for staff to adequately review request.

8.

Title trace of parcel(s) origin.

9.

Each parcel application must be accompanied by a fee as set forth in this Title for each parcel to be certified. No Certificate of Compliance application proposing the certification of multiple lots will be accepted unless submitted in conjunction with a lot merger, lot line adjustment or waived parcel map.

B.

Site Plan: Every application for determination under this Section shall include a detailed "site plan". The site plan shall include such information deemed necessary by the Planning and Development Services Department, and at a minimum shall include the following:

1.

All property boundary lines.

2.

All property boundary dimensions.

3.

All existing structures (below and above ground).

All proposed structures (below and above ground).

5.

Distance from all structures to property lines and between structures.

6.

North orientation.

7.

Scale.

8.

Legal and physical access from adjacent street/road.

9.

All utility locations (i.e. electrical/plumbing).

10.

Name and telephone number of person(s) preparing plan.

11.

Location of known hazard areas, if any.

12.

Assessor's Parcel Number.

13.

Public use easement, if any.

14.

Parking.

Drainage.

The site plan shall be drawn upon substantial paper (eleven (11) inches × fourteen (14) inches minimum) using black ink. "Blue print", and one-piece xerox copies are acceptable. The department shall reject any site plan that is incomplete, inaccurate, illegible or otherwise not acceptable.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.10 - Administrative process by Director.

Within thirty (30) days of receipt, the application shall either be deemed complete or be returned in writing to applicant if deemed incomplete. Within ten (10) working days from the date the application is deemed complete, the department will consult with the Department of Public Works, and Fire/OES Department and other applicable departments. Within thirty (30) days from the date the application was deemed complete. The planning director shall determine the following:

A.

If the real property was divided in compliance with the provisions of the Subdivision Map Act and County Ordinances that were applicable at the time the property was divided, he/she shall cause a Certificate of Compliance to be filed for record with the County Recorder.

B.

If the property was divided in violation of the Subdivision Map Act or this ordinance, but that a proposed development may be approved as being not contrary to the public health, welfare or safety, a Certificate of Compliance may be issued by the planning director contingent upon the completion of specified conditions. Such conditions as would have been applicable to the division of the property at the time that the current owner of record acquired the property.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.11 - Final decision.

Any decision made by a hearing body (planning director or planning commission) shall be deemed a final decision.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.12 - Appeal from planning director determination.

Upon the filling of an appeal from the Director's decision, the Director shall then schedule a hearing on the issue before the planning commission, at the next regularly scheduled meeting for which noticing requirements can be met. A decision of the Director on the Certificate of Compliance shall not be appealable to the Board of Supervisors and must be heard by the planning commission.

Any person may appeal the decision of the planning director provided such an appeal meets the following requirements:

A.

A written appeal is filed within ten (10) calendar days from the planning director's decision on the Certificate of Compliance.

B.

The appeal is filed with the Planning and Development Services Department.

C.

The requisite fees are included.

D.

The written appeal clearly states the following:

1.

Name of person(s) filing appeal.

2.

Address and phone number of person(s) filing.

3.

Project/decision being appealed.

4.

Reason for filing appeal.

5.

Facts, condition(s), information, error, or other specifics to warrant appeal.

6.

Prior effect(s) made to arrive at acceptable solution if any.

7.

Action being requested (i.e. deny project, approve project, modify conditions, etc.).

8.

Signature of applicant.

The planning commission's decision is final with no further appeal.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

90812.13 - Final action.

Upon compliance with all conditions of approval and submittal and completion of all of the following, the planning director shall record a Certificate of Compliance:

1.

Full legal description and closure sheets acceptable to the Planning and Development Services Department stamped and signed by a California Licensed Land Surveyor or a California Registered Civil Engineer (licensed to practice in the category of work to be performed) on plain bond paper eight and one-half inches × eleven (11) inches.

Letter of approval by the County Surveyor on the new legal description.

3.

Current tax certificate issued.

4.

Recording fees.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Chapter 13 - URBAN LOT SPLIT

Sections:

The purpose of this chapter is to facilitate the development of new residential housing units through the subdivision of urban single-family residential zoned parcels consistent with the Imperial County General Plan and to ensure sound standards of public health and safety. Pursuant to Government Code Section 66411.7 Urban Lot Splits are classified as municipal permits, exempt from CEQA and discretionary approval. Urban Lots Splits shall comply with all requirements of Tentative Map (Minor Subdivision) identified in Chapter 5 of this Division (Section 90805 et al) excluding the aforementioned CEQA and discretionary approval requirements.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90813.01 - Application.

A written application (form provided by the Planning and Development Services Department) for an Urban Lot Split Tentative Map (Minor subdivision) shall be made to the Planning and Development Services Department. The application shall be accompanied by the applicable fees, project description, current preliminary title report with current vesting deed and supporting documentation (if needed), identification agreement and payment of fees agreement as required by this Title. The proposed Urban Lot Split Tentative map shall show how the parcels are to receive water, sewer and legal access from a County maintained road. The Urban Lot Split Tentative Map application shall comply with Chapter 5 of this Division. Additionally, Applicant shall provide a site plan showing how the proposed lots would be able to meet Section 90813.05 "Qualifying Criteria" of this chapter for up to two units per lot and not less than three units per Urban Lot Split Tentative Map.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

The Urban Lot Split shall conform to all applicable objective requirements of this Division and the Subdivision Map Act (commencing with Government Code Section 66410), expressly provided in Government Code Section 66411.7.

A.

No dedications of rights-of-way or the construction of offsite improvements (GC 66411.1) may be required as a condition of approval for an Urban Lot Split, although easements may be required for the provision of public services and facilities.

B.

The correction of nonconforming zoning conditions may not be required as a condition of approval.

C.

Parcels created by an Urban Lot Split may be used for residential uses only and may not be used for rentals of less than thirty (30) days.

D.

If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90813.03 - Application procedure.

Every application submitted shall be deemed "received" on the date of submittal and shall be stamped and dated by the Department staff. The Department shall, within a maximum of thirty (30) days from receipt, determine whether an application is complete or incomplete, and determine if the subdivision is exempt from CEQA or if further environmental documentation is required. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the return of the application and what information is lacking or other reason for being incomplete.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the Department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

A.

A person "acting in concert with the owner," as used in Section 4(B)(8) below, means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on

behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

B.

"Adjacent parcel" means any parcel of land that is:

1.

Touching the parcel at any point;

2.

Separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or

3.

Separated from another parcel only by other real property which is in common ownership or control of the applicant.

C.

"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private care sharing company or organization and provides hourly or daily service.

D.

"Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten (10) percent or more of the interest in the property.

E.

"Lower income household" has the meaning set forth in Health and Safety Code Section 50079.5.

F.

"Moderate income household" has the meaning set forth in Health and Safety Code Section 50093.

G.

"Objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

H.

"Sufficient for separate conveyance," as used in Sections 4(B)(11) and 5(B)(8) below, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential

condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

I.

"Two-Unit Development" means a development that proposes no more than two new units or proposes to add one new unit to one existing unit.

J.

"Urban Lot Split" means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

K.

"Very low-income household" has the meaning set forth in Health and Safety Code Section 50105.

L.

"Units" defined: Below are definitions of three types of housing units described in SB 9 and related ADU law to clarify which development scenarios are (and are not) made possible by SB 9:

1.

"Primary Unit" - A primary unit (also called a residential dwelling unit or residential unit) is typically a singlefamily residence or a unit within a multi-family residential development, and distinct from an ADU or a Junior ADU. Examples: single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.

2.

"Accessory Dwelling Unit" - An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.

3.

"Junior Accessory Dwelling Unit" - A Junior ADU is a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Within the time required by the Subdivision Map Act, the Planning and Development Services Department shall determine if the parcel map for the Urban Lot Split meets all the following requirements:

The Lot is zoned R-1 Low Density Residential,

2.

The lot is located in an "Urban Area". To qualify as an urban area, the town/community must encompass at least five thousand (5,000) people or at least two thousand (2,000) housing units per the 2020 US Census,

3.

Both resulting parcels are not smaller than one thousand two hundred (1,200) square feet,

4.

Neither resulting parcels shall be smaller than forty (40) percent of the per lot split,

5.

No more than two dwelling units (Primary + ADU or JADU) may be located on any lot created through an Urban Lot Split, including primary dwelling units, accessory dwelling units or junior accessory dwelling units,

6.

The proposed lot split would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low- or very low-income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application,

d.

Housing that has been occupied by a tenant in the last three years.

7.

Each resulting parcel shall adjoin the public right-of-way,

8.

The minimum lot frontage shall be thirty (30) feet,

The minimum access corridor of flag lots shall be fifteen (15) feet. A wider access corridor or easement may be required where necessary to provide adequate access for fire safety equipment as determined by the Fire Marshal. The access corridor can be used by both lots for access to off-street parking,

10.

Front yard setback shall be twenty (20) feet, unless the requirement would physically preclude the

construction of two units of at least eight hundred (800) square feet each on lot. At no point shall the setback be less than fifteen (15) feet,

11.

Required rear and side yard setbacks shall be a minimum of four feet, except that no setback shall be required for an existing legally created structure existing prior to the lot split,

12.

Fire ratings for walls within five feet of a property line,

13.

Units may be attached or detached,

14.

Separation of six feet between detached structures on the same property,

15.

Units shall not exceed three stories in height, or forty (40) feet whichever is less,

16.

Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90813.06 - Disqualifying criteria.

Within the time required by the Subdivision Map Act, the Planning and Development Services Department shall determine if the parcel map does not qualify for an Urban Lot Split: The parcel being subdivided is located on a site that is any of the following:

A.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and State of California,

B.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

C.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection,

D.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control,

E.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist,

F.

Within a special flood hazard area subject to inundation by the one-percent annual chance flood (100-year flood) as determined by the Federal Emergency Management,

G.

Within a regulatory floodway as determined by the Federal Emergency Management,

H.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act,

I.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973,

J.

Lands under conservation easement,

K.

The parcel is located within a historic district or property included on the State Historic Resources Inventory,

L.

The parcel being subdivided was created by an Urban Lot Split as provided in this chapter,

M.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this chapter.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90813.07 - Specific adverse impacts.

In addition to the criteria listed in this chapter, a proposed Urban Lot Split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

ed in this chapter, a proposed Urban Lot Split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90813.08 - Owner-occupancy affidavit.

The applicant for an Urban Lot Split shall sign an affidavit, in the form approved by the County Counsel, stating that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the Urban Lot Split.

This subsection shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90813.09 - Recorded covenant.

Prior to the approval and recordation of the Urban Lot Split-Parcel Map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the County Counsel, which shall run with the land and provide for the following:

A.

A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this chapter;

B.

A limitation restricting the property to residential uses only; and

C.

A requirement that any dwelling units on the property may be rented or leased only for a period longer than thirty (30) days.

The Planning Director is authorized to enter into the covenant and agreement on behalf of the County and to deliver any approvals or consents required by the covenant.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90813.10 - Parking.

One parking space shall be required per unit constructed on a parcel created pursuant to the procedures in this chapter, except that no parking may be required where;

A.

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

B.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90813.11 - Encroachment permit.

If an applicant includes improvements to the public right-of-way in its Urban Lot Split application, an encroachment permit is required from the County and the improvements must meet objective County standards.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

County Counsel shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the County from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1587, §§ 1, 2, 12-5-23)