Imperial County Municipal Code Ch. 1 General Provisions and Definitions

Footnotes:

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 No. 1565, adopted December 15, 2020, rescinded Ch. 1, which pertained to the same subject matter, consisted of §§ 90801.00—90801.09, and derived from the prior code.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

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

(Ord. No. 1565, §§ 5, 6, 12-15-20)

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

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

(Ord. No. 1565, §§ 5, 6, 12-15-20)

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

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

B. Mineral, oil, or gas leases.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A. Urban Lot Split.

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

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

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

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

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

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

1. General Information Required:

a. Agency name and contact person including address and telephone number.

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

c. Legal description of the proposed conveyance.

d. Assessor's Parcel Number(s).

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

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

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

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

b. All property boundary dimensions.

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

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

e. Distance from all structures to property lines and between structures.

f. North orientation.

g. Scale.

h

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

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

j. Assessor's Parcel Number(s).

k. Public Use Easement, if any.

l. Parking.

m. Drainage.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15. "County" means the County of Imperial.

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

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

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

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

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

a. Street alignments, grades and widths;

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

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

d. Fire and water facilities;

e. Lot size and configuration;

f. Traffic access;

g. Grading;

h. Land to be dedicated for park or recreational purposes; and

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

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

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

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

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

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

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

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

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

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

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

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

32. "Improvement" shall mean any landscaping, street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as conditioned precedent to the approval and acceptance of the final map thereof. "Improvement" shall also mean other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the County, is necessary to ensure consistency with, or implementation of, the General Plan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.

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

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

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

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

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

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

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

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

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

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

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

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

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

a. The land is divided into four or fewer parcels;

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

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

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

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

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

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

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

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

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

47. "Public Access" means:

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

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

48. "Recorder" means the Recorder of Imperial County.

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

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

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

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

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

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

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

56. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any potion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, canals, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1351(f) of the Civil Code, a community apartment project as defined in Section 1351(d), and the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 1351(m) of the Civil Code. "Subdivision" includes any division of land by gift or inheritance, but excludes a division for probate homestead. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

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

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

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

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

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

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

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

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

(Ord. No. 1565, §§ 5, 6, 12-15-20)

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

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

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

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

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

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

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

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

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

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

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

(Ord. No. 1565, §§ 5, 6, 12-15-20)

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

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

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

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

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

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

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

F. In the case of a minor subdivision, the Planning Director, Planning Commission, or Board of Supervisors may approve the subdivision or a portion thereof where such soil problems exist if it determines the required action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved required action be incorporated in the construction of each structure.

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

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

(Ord. No. 1565, §§ 5, 6, 12-15-20)