Chapter 17.04 — PURPOSE AND DEFINITIONS

It is the intention of the board of supervisors to implement and supplement the Subdivision Map Act (Government Code Section 66410 et seq.) in this title. Consistent with enabling statutes, this title is therefore intended to encourage orderly community development by providing for the regulation and control of the design and improvement of the subdivision, with proper consideration of its relation to adjoining areas; to ensure that the areas within the subdivision that are dedicated for public purposes will be properly improved by the subdivider so that they will not become an undue burden on the community; to implement the objectives established for development of the county in conformance with the goals and policies of the general plan and adopted development policies; to limit undue fiscal impacts to the county; and to protect the public and transferee of parcels created through the subdivision process.

Proposed subdivisions shall provide for the creation of reasonable building sites by constructing roads to county standards on proper alignments; providing adequate lot sizes, adequate drainage facilities and adequate means of ingress and egress to each building site. Proposed subdivisions shall also provide for control of the detrimental effect of flooding, erosion, dangerous or unstable soil conditions, wildland fire threat, significant environmental impacts or any other impediments affecting the beneficial use of the land or having a similar detrimental effect on surrounding land. The subdivider of each new lot created within a subdivision or parcel map shall provide assurance to the county that an adequate water and sewer systems can be established by either a piped water and sewer system or a private well and septic system.

(Ord. No. 355, Exh. A, 9-12-2017)

The definitions set forth in the Subdivision Map Act ("Map Act") and are incorporated by reference and supplemented as set forth herein. The following words and terms are used and defined as follows for purposes of this title, unless the context in which a word or term is used requires another usage or meaning:

A.

"Advisory agency" means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, imposing of requirements or conditions thereon, or having the authority by local ordinance to approve, conditionally approve or disapprove maps.

B.

"CEQA" means the California Environmental Quality Act.

C.

"Certificate of compliance" means that certificate which may be issued by the county under authority of Government Code Section 66499.35. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the subdivision of real property described therein.

D.

"Clearing" means the removal of vegetative growth such as trees, logs, upturned stumps, roots of downed trees, brush, grass, and weeds above the natural ground surface, in such a manner that any natural erosion, including sedimentation, will not be increased and damage to off-site property will not result.

E.

"Contiguous" means properties sharing a common boundary line or point or are physically so situated with respect to each other that they can reasonably be developed as one subdivision project. Property may be comprised of contiguous units even if portions of the property are separated by roads, streets, utility easements, canals or railroad rights-of-way.

F.

"Department" shall mean the planning department.

G.

"Development agreement" means a contract entered into with the Modoc County board of supervisors that provides assurances to the applicant of the ability to proceed with a project in accordance with the policies, rules, regulations, special provisions and conditions of approval in effect at the time of project approval, as more specifically provided in Government Code Section 65860 et seq.

H.

"Development standards" means those standards adopted by the board of supervisors by resolution.

I.

"Director" shall mean the planning director or the director's designee.

J.

"Final map" means a map which is recorded for the creation of five or more lots or parcels, either by itself, or in combination with previous land divisions that have been recorded by or implemented (as in the case of a parcel map waiver) by the applicant (or other holder of record interest) either on the same project area or contiguous to the current project area, which substantially conforms to an approved tentative map.

K.

"Fiscal impact assessment" means a fiscal analysis of the impacts a project may have (positive and/or negative) on county facilities, operations, staffing and general fund programs administered by Modoc County and/or a special district(s) where the project may be located in or proposing to annex to as part of the overall development of the project.

L.

"Flag lot" means a lot that is L-shaped in which one arm or pole of the lot, a minimum of 20 feet in width (pole portion), fronts on a street and is used solely as a driveway for the lot. The pole portion of a flag lot shall not be counted toward the minimum lot area requirement of the underlying zone district. When the pole portion of two flag lots are proposed side by side, the minimum street frontage shall be 20 feet each. A reciprocal driveway easement shall be recorded for both lots to the benefit of both lots.

M.

"Land project." A land project is a land division as defined in Section 11000.5 of the Business and Professions Code.

N.

"Owner's statement" means a statement submitted with every tentative map for a proposed division of land, containing such information as this title may require, and executed under penalty of perjury by the record title owners of the land affected, as provided in Code of Civil Procedure Section 2015.5.

O.

"Parcel map" means a map which is recorded for the creation of four or fewer parcels and which substantially conforms to requirements for an approved tentative map.

P.

"Parcel map waiver" refers to a procedure whereby certain lots can be created without having to record a parcel map. In lieu of a recorded map, waiver of parcel map documents are recorded. A parcel map waiver may create four or fewer parcels, but may create more than four parcels if all parcels are 40 acres in size or greater, or are not less than a quarter of a quarter section.

Q.

"Professional land use planner" means those individuals that have demonstrated that they have acquired the education and experience necessary to act as a consultant involving environmental review, planning and subdivision design as determined by the director.

R.

"Lot line adjustment" means 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 number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. Refer to Government Code Section 66412(d) for additional information.

S.

"Referral agencies" means the road department, the environmental health department, air pollution and agricultural department, the county fire agencies and other departments, as determined by the director, that shall receive referrals of development applications for review and comment as to project completeness, design, environmental determination and formation of recommended mitigation measures and conditions.

T.

"Remainder parcel" means any portion of any unit or units of improved or unimproved land designated by a subdivider as that single portion on a tentative map which is not divided for the purposes of sale, lease or financing. Only one remainder parcel is permitted per tentative map. A remainder parcel shall not be considered a parcel on which development can occur unless or until a parcel map, a final map, certificate of compliance or conditional certificate of compliance is recorded to provide for such development. Refer to Government Code Section 66424.6 for additional information.

U.

"Re-subdivision" means the simultaneous division of two or more adjoining parcels of real property that results in a reconfiguration of the parcels or an increase in the total number of parcels or building sites.

V.

"Specific plan" means an officially adopted document setting forth county policies, programs, standards and/or regulations for the implementation of the general plan in a particular community or area, as permitted pursuant to Government Code Section 65450 et seq.

W.

(a)

"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 himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

(b)

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, as 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 or railroad rights-of-way. Refer to Government Code Section 66424 for more information.

For the purpose of this title, real property owned or beneficially controlled by substantially the same persons, entities or interests shall be deemed to be in one ownership and part of the same subdivided real property or subdivision.

X.

"Tentative map" refers to a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around the subdivision. The map need not be based upon an accurate or detailed final field survey of the property, but shall be of form and contain the information required by this title and the provisions of the Subdivision Map Act.

Y.

"Vesting tentative map" means a map which meets the requirements of Government Code Sections 66424.5, 66452 and 66498.1 et seq., thereby conferring on a subdivider a vested right to proceed with development in substantial compliance with those ordinances, policies and standards in effect at the time the application for the vesting tentative map is determined to be complete, except as provided in Government Code Sections 66474.2 or 66498.1(b).

(Ord. No. 355, Exh. A, 9-12-2017)

Chapter 17.08 - GENERAL PROVISIONS

17.08.010 - Generally.

A.

Except as provided in Chapter 17.20, a tentative map is required for all subdivisions and shall show or be accompanied by such information, documents and data as the Map Act and this chapter may require. Application for approval of a tentative map or vesting tentative map shall be made to the planning department.

B.

Any conveyance of land to a governmental agency, public agency or public utility shall not be considered a division of land for purposes of computing number of parcels.

C.

No application for approval of a tentative map or vesting tentative map shall be accepted as complete unless and until the required fee and all required maps, documents and information are submitted to and accepted by the department. Every application shall include sufficient information to permit the

determination of whether an environmental impact report, mitigated negative declaration or negative declaration is required under the California Environmental Quality Act (CEQA).

D.

The director may request an applicant to waive in writing the time limits of Chapter 3 (commencing with Government Code Section 66451.1) of the Map Act for the purpose of permitting concurrent processing of related approvals or an environmental review on the same development project.

E.

Within 30 days after receiving the application and related information, the department shall determine in writing whether the application is complete and the director shall cause that determination to be transmitted to the applicant or his agent. Failure of any applicant to respond, within 30 days of mailing, to any request to clarify, amplify, correct or otherwise supplement the application so as to make it complete shall be deemed an abandonment by the applicant of the proposed land division and no further action shall be taken on it unless a new application is first made.

(Ord. No. 355, Exh. A, 9-12-2017)