§ 16.12

A.

Prior to filing of a tentative map, a map number shall be obtained from the county surveyor. Any number that is not used within two years from the date it is issued shall become null and void. The land divider shall pay the fee required as set forth in Chapter 4.44.

B.

When the tentative map is a parcel map division, this shall be so indicated thereon.

C.

The county surveyor shall maintain a permanent record of all map numbers.

D.

When applying for a map number, the land divider shall certify that he is the record owner of the property, or that the record owner consents to the filing of the map, or the land divider shall submit such proof of ownership or consent of the owner as shall be necessary for the county surveyor.

E.

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

(Ord. 460.137 § 4.1, 1997)

At the request of staff, the land divider may be required to place a conspicuous stake identified with a number or corner description and flag at each approximate corner of the property to be divided. The stake shall extend at least three feet above ground and be identified with a number and corner description.

(Ord. 460.137 § 4.2, 1997)

Prior to submitting an application for a tentative map, the land divider shall comply with the pre-application review procedure described in Chapter 15.52 to the extent that such procedure is applicable.

(Ord. 460.137 § 4.3, 1997)

16.12.040 - Application.

A.

Prior to submitting a tentative map, the land divider shall obtain an application for a land division, which form shall be furnished by the planning director and completed by the land divider.

B.

The application shall be for the purpose of:

1.

Providing and clarifying the information required to be shown on, or to accompany, the tentative map;

2.

Determining whether the land division conforms to all the requirements of this and other county ordinances;

Expediting the processing of the tentative map.

(Ord. 460.137 § 4.4, 1997)

16.12.050 - Division of land.

A.

No person shall make any land division, as defined in this title, of real property located in the unincorporated area of the county, except in accordance with the provision of the Subdivision Map Act and this title.

B.

When a tentative map has been submitted, no grading or construction work shall be performed until the tentative map has been approved by the appropriate approving body.

(Ord. 460.137 § 4.5, 1997)

A.

The following information shall be shown on and verified or accompany tentative tract maps. The planning director may require such additional information as he or she deems necessary and reasonable.

1.

Tract number, title of map, assessors' parcel number and legal description of property, not including tract name;

2.

Name, address and telephone number of owner and land divider and name, address and telephone number of person preparing map;

3.

Ownership information on additional property owned adjacent or contiguous to the land to be subdivided;

4.

Approximate total acreage of property and lot size, net and gross for a typical lot and for each irregular lot, overall dimension, north arrow, scale and date;

5.

Subdivision boundary line and detailed vicinity map showing relationship to surrounding community;

6.

Names, locations, right-of-way, widths and improvements of adjacent streets, alleys, railroads, transmission lines, pipelines, sewers and existing structures, both above and below ground;

7.

Names, locations, widths of right-of-way for proposed streets, alleys and easements, and the approximate grades of proposed and existing streets and approximate street centerline radii of curves;

8.

Streets, alleys and right-of-way providing legal access to the property;

9.

If private streets are proposed, they shall be so noted on the tentative map;

10.

Names of utility purveyors, locations and widths of existing and proposed public utility easements:

a.

When specific areas for subsurface disposal are required, those areas shall be delineated.

b.

Any known existing wells on the property or within two hundred (200) feet of the subdivision boundary shall be indicated on the tentative map;

11.

Water courses, channels, existing culverts and drain pipes, including exiting and proposed facilities for control of storm waters;

12.

Land subject to overflow, inundation or flood hazard;

13.

Any land or right-of-way to be dedicated to public use;

14.

Identify common areas and open spaces;

15.

Proposed lot lines and approximate dimension;

Adjoining property and lot lines;

17.

Maximum contour interval shall be four feet. The contour lines shall extend three hundred (300) feet beyond the exterior boundaries of the property when adjacent property is unimproved or vacant. Copies of U.S.G.S topographic maps are acceptable only when other information is not available. Flood control and transportation department base maps may be acceptable;

18.

Site grading:

a.

Whenever any area of the proposed tract has a gradient of five percent or more, as measured between natural contours, the following information shall be shown on, or accompany, the tentative map:

i.

The proposed cuts and fills in the tract:

(A)

All cut and fill slopes or combinations thereof shall be made no steeper than 2:1 (two horizontal to one vertical), and their height shall be no greater than ten feet. Exceptions to these standards may be permitted as follows:

(1)

Cut Slopes. Slope ratios steeper than 2:1 and slope heights in excess of ten (10) feet vertically shall be considered if they are recommended to be safe in a slope stability report written by either a registered soil engineer or a registered engineering geologist. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.

(2)

Fill Slopes. Fill slopes with heights in excess of ten (10) feet vertically (on a slope of 2:1) may be allowed if they are recommended to be safe in a slope stability report written by a registered soil engineer. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.

Based on the slope stability report, fill slopes greater than ten (10) feet may need to be constructed at a more gentle slope ratio (e.g. 3:1 or 4:1), in order to achieve stability.

(B)

Cuts and fills in areas of subsurface sewage disposal shall be in accordance with the sewage disposable feasibility report recommendations.

ii.

The elevations of all individual building pads in the subdivision;

iii.

The elevations at the perimeter of the subdivision;

iv.

The relationship to adjoining land and development.

b.

Where grading will tie into adjacent natural terrain, final manufactured slopes shall be blended into the existing terrain;

19.

Existing use and zoning of property immediately surrounding tract;

20.

Existing zoning, and proposed land use of property (single-family, multiple-family, business, industrial);

21.

A list of the names and addresses of the owners of real property located within six hundred (600) feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll, and any update issued by the county assessor.

B.

Reports and written statements of the following matters shall accompany the tentative map:

1.

Proposed method of control of storm water, including data as to amount of runoff, and the approximate grade and dimension of the proposed facilities;

2.

A written statement (Land Division form SAN 53) from the health officer stating that:

a.

A water purveyor under permit has agreed in writing to serve all lots in the land division;

b.

The land divider has an acceptable application for a water purveyor permit on file with the department of public health or the state department of health services;

c.

The land divider has filed with the health department information regarding the quantity and quality of water of any wells existing on the property, and the estimated current cost of drilling a well on the property;

d.

No water system is provided and is not required for this land division;

3.

A written statement (Land Division form SAN 53) from the health officer stating the type of sewage disposal and water supply that will be permitted. To aid in this determination, a sewer feasibility letter, or a sewage disposal feasibility report, and, when necessary, a Regional Water Quality Control Board clearance or other pertinent information shall be required.

C.

If the land division lies within a special studies zone shown on the map prepared by the State Geologist pursuant to the Alquist-Priolo Earthquake Fault Zoning Act, a geologic report or waiver thereof pursuant to the provisions of Chapter 15.60 shall accompany the tentative map.

D.

A program for the control of soil erosion and other pollutants in conformity with Section 15.12.020 (J)(13), Chapter 8.52, and within blow sand areas, Chapter 16.52, shall be submitted and implemented for land divisions and related improvements.

(Ord. 460.137 § 5.1, 1997)

A.

The following information shall be shown and verified on or accompany all tentative parcel maps and any other information that the planning director may deem necessary and reasonable.

1.

Parcel map identification number, assessor's parcel number, title of map, and legal description of property but not including tract name;

2.

Name and address of owner and land divider and name and address of person preparing map;

3.

Approximate total acreage of property and lot size net and gross for a typical lot and for each irregular lot, overall dimension, north arrow, scale and date;

4.

Land division boundary line and vicinity map showing relationship to surrounding community;

5.

Assessor's map book and page numbers of adjoining land divisions;

6.

Names, locations, right-of-way, widths and improvements of existing adjacent streets, alleys, railroads, and existing structures, both above and below ground;

7.

Names, locations, widths of right-of-way for proposed streets, alleys and easements, and the approximate grades of proposed streets and approximate street centerline radii of curves;

8.

Street and right-of-way providing legal access to the property;

9.

If the private streets are proposed, it shall be so noted on the tentative map;

10.

Names of utility purveyors, locations and width of existing and proposed known public utility easements:

a.

When specific areas for subsurface sewage disposal systems are required, the disposal areas shall be depicted. This requirement applies to Schedule "E" parcel maps only.

b.

Any known existing wells on the property or within two hundred (200) feet of the subdivision boundary shall be indicated on the tentative map;

11.

Water courses, channels, existing culverts and drain pipes, including existing and proposed facilities for control of storm waters;

12.

Land subject to overflow, inundation or flood hazard;

13.

Any land or right-of-way to be dedicated to public use and right-of-way for railroads and other uses;

Identify common areas and open spaces;

15.

Proposed lot lines and approximate dimensions;

16.

Adjoining property and lot lines;

17.

Maximum contour intervals shall be four feet. The contour lines shall extend three hundred (300) feet beyond the exterior boundaries of the property when adjacent property is unimproved or vacant. Copies of U.S.G.S. topographic maps are acceptable only when other information is not available. Flood control and transportation department base maps may be acceptable;

18.

Existing use and zoning of property immediately surrounding tentative map;

19.

Existing zoning and proposed land use (single-family, multifamily, business, industrial);

20.

A statement as to whether the tentative map includes the entire contiguous ownership of the land divider or only a portion thereof;

21.

A list of the names and addresses of the owners of real property located within six hundred (600) feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll, and any update issued by the county assessor.

B.

Reports and written statements on the following matters shall accompany the tentative map:

1.

Proposed method of control of storm water, including data as to amount of runoff, and the approximate grade and dimension of the proposed facilities;

2.

A written statement (Form SAN 53) from the health officer, stating the type of sewage disposal and water supply that will be permitted shall be submitted for all parcel maps.

C.

If the land division lies within a special studies zone shown on the map prepared by the State Geologist, pursuant to the Alquist-Priolo Earthquake Fault Zoning Act, a geologic report or waiver thereof pursuant to the provisions of Chapter 15.60 shall accompany all tentative maps.

D.

Requests to waive the parcel map for any parcel map division shall be filed at the time of the filing of the tentative parcel map.

E.

A program for the control of soil erosion and other pollutants in conformity with Section 15.12.020(J)(13), Chapter 8.52, and within blow sand areas, Chapter 16.52 shall be submitted and implemented for land divisions and related improvements.

(Ord. 460.137 § 5.2, 1997)

16.12.080 - Planned developments—Residential, commercial and industrial.

Whenever a tentative tract map or parcel map is filed for a planned residential, commercial or industrial development, as defined in Ordinance No. 348 (Title 17 of this code), the following data shall accompany or be delineated on the tentative map in addition to the data required by Sections 16.12.060 and 16.12.070:

A.

Locations and dimensions of proposed dwellings, buildings or other structures;

B.

Table indicating area and density calculations;

C.

Building setback dimensions;

D.

Driveways, loading and parking areas;

E.

Location and type of proposed fencing, gates and walls;

F.

Irrigation and landscaping plans, including plant species;

G.

Floor plans and elevations;

H.

Location and dimension of common areas;

I.

Proposal for maintenance of common areas;

J.

Proposed special restrictions.

(Ord. 460.137 § 5.3, 1997)

A.

This section is enacted pursuant to Section 66498.1 of the Government Code, and is intended to establish procedures necessary to implement the provisions of the Subdivision Map Act and this title. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those county ordinances, policies and standards described in Section 66474.2 of the Government Code or, if that section is repealed, with the county ordinances, policies and

standards which are in effect at the time the vesting tentative map is approved or conditionally approved. The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. Whenever a provision of this ordinance requires that a tentative map be filed, a vesting tentative map may be filed instead.

B.

Whenever a vesting tentative map is filed, it shall be processed in the same manner as a tentative map unless modified by this section, and shall have printed conspicuously on its face the words "Vesting Tentative Map." All vesting tentative maps shall be submitted to the planning director on the forms provided by the planning department and shall be accompanied by the filing fee set forth in Chapter 4.44. In addition to the data required by Sections 16.12.060 and 16.12.070, the following data and information may be required by the planning director:

1.

A plot plan, drawn to scale, that shows the following:

a.

Name, address and the telephone number of the applicant and all owners of the subject property, including evidence that all owners agree to the application;

b.

Location or address of the property and assessor's parcel number;

c.

Boundary and dimension of property, north arrow, scale and date;

d.

Topography of the property;

e.

Approximate total acreage of the property and lot size of each lot, recreational and open space area, and paving. Common areas and open space to be identified;

f.

Location and names of adjoining streets, alleys and right-of-way providing legal access to the property;

g.

Name, locations and widths of right-of-way for proposed streets, alleys, and easements. Streets without current names must show proposed names;

h.

Drainage plan to control both on-site and off-site storm runoff, water courses, channels, existing culverts and drainpipes including existing and proposed facilities for control of storm waters, and data as to the amount of runoff and the approximate grade and dimensions of proposed facilities for control of storm waters;

i.

Height, size and location of buildings;

j.

Typical street cross sections;

k.

Lighting system, street and outdoor;

l.

Signs (location, dimensions, height);

m.

Setback dimensions;

n.

Location and nature of proposed and existing fences, gates, walls, driveways and curbs;

o.

Irrigation systems;

p.

Landscaping, including size, species and spacing proposed, including planters;

q.

Elevations and floor plans;

r.

Detailed grading plans.

C.

An application for an amendment or minor change to a vesting tentative map may be made at any time prior to expiration of the map.

D.

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

E.

Notwithstanding any provision in this chapter to the contrary, any permit approval, extension or entitlement of a vesting tentative map be conditioned or denied under either of the following circumstances.

1.

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

2.

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

(Ord. 460.137 § 5.4, 1997)

A.

Date of Filing. The date of filing for the purpose of determining the fifty (50) day limitation for action on the tentative map shall be the date on which the planning director accepts the map as complete for filing.

B.

Submittal Requirements. All tentative maps shall be submitted to the planning director and shall be accompanied by the appropriate fee specified in Chapter 4.44 and shall comply with Sections 16.12.060 through 16.12.090. The map shall be drawn to an engineer's scale which clearly presents the details. The map sheets shall not be less than eighteen (18) inches by twenty-six (26) inches. The number of copies of the map to be submitted shall be as determined by the planning director.

C.

Additional Information. Within thirty (30) days of the date on which the map is submitted, the planning director shall determine whether any additional information is required, and the applicant or representative shall be so notified. Once the information required to complete the review of the tentative map is provided, the planning director shall accept the map as complete for filing. Additional information which may be required shall include, but not be limited to, data necessary to complete environmental review, flood and drainage studies, sewage disposal information, and circulation studies.

D.

Effect of Environmental Review. Notwithstanding subsection A of this section, the time limitation for action on the tentative map shall be fifty (50) days after certification of an environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the California Environmental Quality Act.

(Ord. 460.137 § 6.1, 1997)

A.

A flood protection study fee as set forth in Chapter 4.44 shall be paid upon the submittal of the tentative map to the planning director.

B.

When the fee is collected, it shall be paid to the flood control district that performs the flood protection study.

C.

No charge shall be made for a flood protection study on a revised tentative map filed within two years of the original filing unless additional lots have been added. If a resubmitted map has additional lots proposed, a supplemental payment of the normal lot fee multiplied by the additional number of lots will be required. After two years the fee shall be the same as the original fee.

D.

There shall be no flood protection study fee for reverting subdivided lands to acreage.

(Ord. 460.137 § 6.2, 1997)

Upon the submittal of the tentative map to the planning director, one copy thereof shall be forwarded to each member of the appropriate advisory agency and to each of the following as may be concerned:

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 purveyor serving the area with its facilities;

F.

Any others as may be appropriate.

(Ord. 460.137 § 6.3, 1997)

16.12.130 - Review by land development committee.

A.

All tentative maps shall be reviewed by the appropriate section of the land development committee. The land divider and his or her representative shall be notified of the date and time of the meeting, at which time the land divider shall review the proposed map with the committee.

B.

Upon completion of its review, the land development committee shall prepare a report and recommendation and shall transmit a copy thereof to the appropriate advisory agency. The report shall be in writing, and a copy thereof delivered to the land divider or his or her representative at least three days prior to any hearing or action on the map by the advisory agency.

(Ord. 460.137 § 6.4, 1997)

A.

Tract Maps and Commercial Parcel Maps. Within fifty (50) days after the date of filing of a tentative tract map, a public hearing on the map shall be held before the appropriate advisory agency or before the board of supervisors as provided in Section 16.04.020(D). Notice of the time, date and place of the hearing, the identity of the hearing body, and a general description of the location of the proposed land division, shall be given at least ten (10) days prior to the hearing by all of the following procedures:

1.

Publication once in a newspaper of general circulation in the county;

2.

Mailing or delivery to the owner of the subject real property or the owner's duly authorized agent, and to project applicant;

3.

Mailing or delivering to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected;

4.

Mailing or delivering to all owners of real property which is located within three hundred (300) feet of the exterior boundary of the subject property, as such owners are shown on the last equalized assessment roll and any update;

5.

Mailing by first class mail to any person who has filed a written request with the planning department and has provided that department with a self-addressed stamped envelope for that purpose;

6.

In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given by mail to each tenant of the subject property, and, in addition to notice of the time and place of the public hearing, shall include notification to the tenant's right to appear and the right to be heard;

7.

If the number of owners to whom notice would be mailed or delivered pursuant to subsection (A)(4) of this section is greater than one thousand (1,000), in lieu of mailed or delivered notice, notice may be provided

by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the county at least ten (10) days prior to the hearing;

8.

The planning director may require that additional notice of the hearing be given in any other manner he or she deems necessary or desirable;

9.

Any interested person may appear at the public hearing and shall be heard by the hearing body.

B.

After closing the hearing, the advisory agency shall approve, conditionally approve or disapprove the proposed tentative map. Notice of the decision shall be filed with the clerk of the board of supervisors and a copy thereof mailed to the land divider or his or her authorized agent and any interested party requesting a copy.

C.

Parcel Maps. The following procedures shall apply to all applications for approval of residential parcel maps:

1.

Applications. Permit applications shall be filed with the planning director in accordance with Section 16.12.070 and accompanied by the fees as set forth in Chapter 4.44. 2. Proposed Use. Not less than ten (10) days prior to the date on which the decision will be made on the application, the planning director shall give notice of the proposed use by mail or delivery to all owners, as shown on the last equalized assessment roll as owning real property within a three hundred (300) foot radius of the exterior boundary of the property in question and publication once in a newspaper of general circulation in the area affected by the proposed project. No public hearing on the application for a permit issued pursuant to this paragraph shall be required unless such a hearing is requested by the applicant or other affected person or the planning director determines that a public hearing is required in the best interest of the community's health, safety and welfare. The notice of proposed use shall include the following information:

a.

A brief description of the project and its proposed location;

b.

The officer or body which will consider approval of the project and the address where comments or request for a public hearing should be sent;

c.

A statement that the decision-making officer or body will not act on the project for a period of ten (10) days and will consider written comments received during that period as to whether the determination of the

planning director that the project will not have a significant effect on the environment is appropriate;

d.

A statement that a copy of the completed negative declaration is available for inspection at the planning department.

3.

Public Hearing. If a request for a public hearing is made, it shall be held within twenty-one (21) days after the first request is made by the Riverside County planning director's hearing body. Not less than ten (10) days prior to the date on which the hearing will be held, the planning director shall give notice of the proposed hearing by mail or delivery to all owners, as shown on the last equalized assessment roll as owning real property within a six hundred (600) foot radius of the exterior boundary of the property in question, and all others who received notice of the proposed use. The hearing body shall hear relevant testimony from interested persons.

4.

Decision. The decision shall be made by the planning director within the time limitations of the Subdivision Map Act, shall be filed with the clerk of the board of supervisors and, if no public hearing was held, shall be mailed to the same owners who were given notice pursuant to subsection (C)(2) of this section.

D.

The advisory agency, upon the request of the land divider, may waive the requirement that a parcel map be recorded if the advisory agency finds that the proposed land division complies with the requirements as to:

1.

Area;

2.

Improvement and design;

3.

Flood water drainage control;

4.

Appropriate improved public roads;

5.

Sanitary disposal facilities;

6.

Water supply availability;

Environmental protection; and

8.

Adequate existing survey control;

9.

Other provisions of this title and other applicable ordinances of Riverside County and the Subdivision Map Act.

E.

Notwithstanding the above, or any other provision herein to the contrary, any map that requires the approval of a general plan amendment, a specific plan amendment or a change of zone shall be heard in accordance with the provisions of Section 2.5, 2.6 or 20.3a of Ordinance No. 348, whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(Ord. 460.137 § 6.5, 1997)

16.12.150 - Consideration of tentative maps by advisory agencies.

A.

Tentative Schedule "A," "B," "C," "D" and "E" Maps. Except as provided in Section 16.04.020(D), the action of the planning commission or East Area planning council on a tentative Schedule "A," "B," "C," "D" and "E" map shall be final unless the final decision is appealed by the land divider or any interested party.

B.

Tentative Schedule "F," "G," "H" and "I" Maps. The action of the planning director on a tentative Schedule "F," "G," "H" and "I" map shall be final unless the final decision is appealed by the land divider or any interested party.

(Ord. 460.137 § 6.6, 1997)

16.12.160 - Appeal of advisory agency actions—Procedure.

A.

Except as provided in Section 16.04.020(D), the planning commission and East Area planning council are the advisory agencies authorized to directly approve, conditionally approve or disapprove tentative Schedule "A," "B," "C," "D" and "E" maps that lie in their area jurisdiction. If the land divider or any interested party believes that they may be adversely affected by the decision of the planning commission or East Area planning council, the land divider or any interested party may appeal the decision to the board of supervisors. Any such appeal shall be filed with the clerk of the board within ten (10) days after the notice of decision of the advisory agency appears on the board's agenda. The appeal shall be filed in writing, stating the basis for appeal, and shall be accompanied by the fee set forth in Chapter 4.44 unless the fee

shall be paid out of the same fund into which it would be deposited. Upon the filing of the appeal, the clerk of the board shall set the matter for public hearing on a date within thirty (30) days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner as was given for the original hearing. The board shall render its decision on the appeal within ten (10) days of the closing of the hearing.

B.

The planning director is the advisory agency authorized to directly approve, conditionally approve or disapprove tentative Schedule "F," "G," "H" and "I" maps. If the land divider or any interested party believes they may be adversely affected by the decision of the planning director, the matter may be appealed to the planning commission or the East Area planning council. The appeal shall be filed with the planning department within ten (10) days after the notice of decision of the planning director appears on the board's agenda. Any appeal shall be filed in any permanent office maintained by the planning department, stating in writing the basis for the appeal and accompanied by the fee set forth in Chapter 4.44. All appeals shall be heard within thirty (30) days after the filing of the appeal. Notice of the public hearing shall be given in the same manner as specified for a tract map. The appeal board shall render its decision on the appeal within ten (10) days of the closing of the hearing. The land divider or any interested party or the advisory agency may appeal the decision of the appeal body to the board of supervisors. Any such appeal shall be filed with the clerk of the board within ten (10) days after the notice of decision of the appeal body appears on the board's agenda. The appeal shall be filed in writing, stating the basis for appeal, and shall be accompanied by the fee set forth in Chapter 4.44 unless the fee shall be paid out of the same fund into which it would be deposited. Upon the filing of the appeal, the clerk of the board shall set the matter for public hearing on a date within thirty (30) days after the date of the filing of the appeal and shall give notice of the public hearing in the same manner as was given for the hearing before the appeal body. Upon conclusion of the hearing, the board shall render its decision on the appeal within ten (10) days.

(Ord. 460.137 § 6.7, 1997)

16.12.170 - Extension of time for processing.

All time limits specified in this title for reporting and acting on tentative maps may be extended by the mutual consent of the land divider and the advisory agency or the board required to act, but in no event may the extensions exceed one year.

(Ord. 460.137 § 6.8, 1997)

16.12.180 - Failure to receive notice.

Failure to receive notice of a hearing shall not invalidate the action taken by the advisory agency, appeal body or the board.

(Ord. 460.137 § 6.9, 1997)

16.12.190 - Denial of tentative land division maps.

A tentative map shall be denied if it does not meet all requirements of this title, 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 land division 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 judgment of a court of competent jurisdiction;

H.

Notwithstanding subsection E of this section, 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. 460.137 § 7.1, 1997)

16.12.200 - Land subject to contract pursuant to California Land Conservation Act.

A.

In addition to any of the grounds set out in Section 16.12.200, the board of supervisors shall deny approval of a tentative map, if it finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7, commencing with Section 51200 of Division 1 of Title 5 of the California Government Code) and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use. For purposes of this section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is: (1) less than ten (10) acres in size in the case of prime agricultural land; or (2) less than forty (40) acres in size in the cases of land which is not prime agricultural land. For purposes of this section, agricultural land shall be presumed to be in parcels large enough to sustain their agricultural use if the land is: (1) at least ten (10) acres in size in the case of prime agricultural land; or (2) at least forty (40) acres in size in the case of land which is not prime agricultural land.

B.

The board of supervisors may approve a subdivision with parcels smaller than those specified in this section if it makes either of the following findings:

1.

The parcels can nevertheless sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to Section 51280.1 of the California Government Code, provided that the parcels which are jointly managed total at least ten (10) acres in size in the case of prime agricultural land or forty (40) acres in size in the case of land which is not prime agricultural land;

2.

One of the parcels contains a residence and is subject to Section 428 of the Revenue and Taxation code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least ten (10) years; and the remaining parcels shown on the map are at least ten (10) acres in size if the land is prime agricultural land, or at least forty (40) acres in size if the land is not prime agricultural land.

C.

No other homesite parcels as described in subsection (B)(2) of this section may be created on any remaining parcels under contract for at least ten (10) years following the creation of a homesite parcel pursuant to this section.

D.

This section shall not apply to land which is subject to a contract when any of the following has occurred:

1.

The local agency formation commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Sections 51243 and 51243.5 of the California Government Code;

Written notice of nonrenewal of the contract has been served prior to March 7, 1985, as provided in Section 51245 of the California Government Code;

3.

Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in Section 51245 of the California Government Code, and, as a result of that notice, there are no more than three years remaining in the term of the contract;

4.

The board of supervisors has granted tentative approval for cancellation of the contract as provided in Section 51282 of the California Government Code.

E.

This section shall not be construed as limiting the power of the board of supervisors to establish minimum parcel sizes larger than those specified in subsection A of this section.

(Ord. 460.137 § 7.2, 1997)

16.12.210 - Revised tentative maps.

A.

Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this title in effect at the time the revised map is approved.

B.

Proceedings on a revised tentative map shall be conducted in the same manner as for the original approval of a tentative map except those procedures that are not applicable. The approval or conditional approval of a revised tentative map shall annul approval of the previous tentative map, but the approval thereof shall not extend the time within which the final map may be filed.

(Ord. 460.137 § 8, 1997)

A.

A request for approval of a minor change to an approved tentative map shall be filed with the planning department, accompanied by the fee specified in Chapter 4.44. B. The planning director shall make a written recommendation thereon to the advisory agency having jurisdiction over the underlying map, or to the board of supervisors as provided in Section 16.04.020(D), and shall notice a public hearing in accordance with Section 16.12.140 unless the underlying map did not previously require such a hearing.

C.

The advisory agency or the board of supervisors may decide the matter when it first appears on the agenda, or it may continue the matter with or without the consent of the land divider.

D.

The decision of the advisory agency shall be final, unless the decision is appealed to the board of supervisors. In the event of such an appeal, the board of supervisors shall hear the matter in the abovedescribed manner.

E.

The approval by the advisory agency or the board of supervisors of a minor change shall not affect the time period within which the land divider must prepare and file the final map.

(Ord. 460.137 § 8.2, 1997)

A.

If a land divider proposes to file a final map or parcel map on only a portion of the land shown on an approved tentative map, the land divider shall file an application with the planning director. The land divider shall note on the application whether the division into units is to be approved by the director of transportation or the advisory agency.

1.

If the land divider indicates that the division into units is to be approved by the advisory agency, then the application shall be processed in accordance with subsections B through G of this section and Section 16.12.220 and shall be accompanied by the fee set forth in Chapter 4.44 for minor changes (subdivision).

2.

If the land divider indicates that the division into units is to be approved by the director of transportation, then the application shall be accompanied by the fee set forth in Chapter 4.44 for land division unit map filings and the application shall be processed in accordance with subsections B through G of this section.

B.

The planning director after reviewing the application shall refer it to the director of transportation for review.

C.

No unit map shall be approved unless it is complete and in compliance with all of the provisions of this chapter, including fire protection, flood control, traffic circulation, access/secondary access and environmental considerations, and with all conditions of approval of the tentative map, including provisions and agreements for development of parks, schools, and other facilities, and specifically approved by the director of transportation or the advisory agency, whichever is appropriate, based on the application filed by the land divider.

D.

The unit will be identified by the approved tentative map number with a dash number designating said unit. The unit number shall be obtained from the county surveyor upon payment of the fee specified in Chapter 4.44. Units are not required to record in order as indicated by the unit number. However, the land divider shall specify in the application or designate a set of units which may be approved in advance by the planning director for recordation in any order or sequence. The last unit within a tentative map to be recorded will not bear a unit number.

E.

Any number of unit numbers may be issued; however, the county surveyor can limit the number accepted concurrently for final map review.

F.

If, after approval of an application for division into units, the land divider proposes to further divide the tentative map into units, or amend the boundaries of the approved units, or change the previously approved order of recordation of units, the land divider shall first file an application for such, and it shall be processed in accordance with subsections A through E of this section.

G.

No phased map shall be approved under this section unless the transportation department has determined that any delay in property development allowed by phasing shall not:

1.

Delay the construction of any critically needed facility which is conditioned to be constructed with the delayed phase(s);

2.

Result in the increase in Mello-Roos assessments, or similar property improvement assessments, to any existing end user of property within an improved district of which the phased areas to be delayed is a party;

3.

Cause a critical reserve fund deficiency, or where a critical deficiency already exists, increase said deficiency, in any Mello-Roos district, or similar property district, of which the phased areas to be delayed is a party; or

4.

Cause increased expenses or assessments to existing end property uses or any property owners association, maintenance district or similar property maintenance facility of which the phased areas to be delayed is a part.

(Ord. 460.137 § 8.3, 1997)

16.12.240 - Expiration of approved tentative maps and vesting tentative maps—Extension of time.

A.

Tentative Tract Maps. An approved or conditionally approved tentative tract map shall expire thirty-six (36) months after such approval unless within that period of time a final map shall have been approved and filed with the county recorder. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the planning director thirty (30) days prior to the expiration date of the tentative map and shall be accompanied by the fee set forth in Chapter 4.44. The planning director shall forward to the advisory agency a recommendation for approval or denial of the application. The advisory agency may extend the date on which the map expires for one year and, on further application before expiration thereof, may further extend it for a second year and on further application before expiration thereof, may further extend it for a third year, and on further application before expiration thereof, may further extend it for a fourth year, and on further application before expiration thereof, may further extend it for a fifth year. The decision of the advisory agency shall be forwarded to the clerk of the board of supervisors. The decision of the advisory agency shall be final unless the decision is appealed to the board. Any appeal must be filed with the clerk of the board of supervisors accompanied by the fee set forth in Chapter 4.44 within ten (10) days of the date of the notice of decision appears on the board's agenda.

B.

Tentative Parcel Maps. An approved or conditionally approved tentative parcel map shall expire thirty-six (36) months after such approval unless within that period of time a final map shall have been approved and filed with the county recorder. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the planning director thirty (30) days prior to expiration date of the tentative map and shall be accompanied by the fee set forth in Chapter 4.44.

1.

For Schedule "F," "G," "H" and "I" maps, the planning director is the advisory agency and may extend the date on which the map expires for one year and, on further application thereof, may further extend it for a second year, and on further application thereof may extend it for a third year, and on further application before expiration thereof, may further extend it for a fourth year, and on further application before expiration thereof, may further extend it for a fifth year. The planning director shall report its action directly to the land divider and the board of supervisors. If the planning director denies the request for an extension, the

applicant may appeal that decision to the advisory agency which has jurisdiction on the land division within ten (10) days following the date the notice of decision appears on the board's agenda by filing an appeal with the planning department accompanied by the fee set forth in Chapter 4.44.

2.

For Schedule "E" maps, the planning director shall forward to the advisory agency a recommendation of approval or denial of the application. The advisory agency may extend the date on which the map expires for one year and, on further application thereof, may further extend it for a second year, and on further application thereof may further extend it for a third year, and on further application before expiration thereof, may further extend it for a fourth year, and on further application before expiration thereof, may further extend it for a fifth year. The decision of the advisory agency shall be forwarded to the clerk of the

board of supervisors. The decision of the advisory agency shall be final unless the decision is appealed to the board. Any appeal must be filed with the clerk of the board of supervisors accompanied by the fee set forth in Chapter 4.44 within ten (10) days of the date the notice of decision appears on the board's agenda.

C.

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

D.

Vesting Tentative Maps. A vesting tentative map shall be subject to the same expiration and extension of time provisions as a tentative map; provided, however, that on recordation of a final map, the rights conferred on a vesting tentative map shall last for one year. Whenever several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded. The one-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit if the time used to process the application exceeds thirty (30) days from the date that a complete application is

ed by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded. The one-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit if the time used to process the application exceeds thirty (30) days from the date that a complete application is

filed. Prior to the expiration of the initial time period, the subdivider may apply in writing to the advisory agency for a one-year extension, accompanied by the fee set forth in Chapter 4.44. If the extension is denied, an appeal may be filed with the board of supervisors within fifteen (15) days of the date the notice of decision appears on the board's agenda. When the subdivider submits a complete application for a building permit during the period of time specified in this section, the vested rights shall continue until the building permit, or any extension thereto, expires.

E.

If the subdivider is required to expend one hundred twenty-five thousand dollars ($125,000.00) or more to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the land division, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section 16.12.230(A)(1) shall extend the expiration of the approved or conditionally approved land division map by thirty-six (36) months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the land division more than ten (10) years from its approval or conditional approval. The number of phased final maps which may be filed shall be determined by the advisory agency at either the time of the approval or conditional approval of the land division or pursuant to Section 16.12.230(A)(1).

The amount of the one hundred twenty-five thousand dollars ($125,000.00) shall be increased by the registrar of contractors according to the adjustment for inflation set forth in the statewide cost index for Class B construction, as determined by the State Allocation Board at its January meeting. The adjustment by the registrar of contractors shall be effective on the first day of the month occurring more than thirty (30) calendar days after the registrar of contractors made that adjustment. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.

F.

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

G.

The period of time specified in subsections A and B of this section shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court or competent jurisdiction if the stay of the time period is approved by the advisory agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the county the subdivider may apply to the planning department for a stay pursuant to this section.

Applications for a stay shall be made to the planning director on the forms provided by the planning department and shall be accompanied by the filing fee set forth in Chapter 4.44 and shall include such information and documents as may be required by the planning director. The planning director shall forward to the advisory agency a recommendation for approval or denial of the request for a stay. The advisory agency shall act on the requested stay within forty (40) days after the application is received by the planning director. the decision of the advisory agency shall be forwarded to the clerk of the board of supervisors. The decision of the advisory agency shall be final unless the decision is appealed to the board. Any appeal must be filed with the clerk of the board of supervisors accompanied by the fee set forth in Chapter 4.44 within ten (10) days of the date the notice of decision appears on the board's agenda.

(Ord. 460.140 § 2, 2000; Ord. 460.137 § 8.4, 1997)

Chapter 16.16 - FINAL MAPS AND PARCEL MAPS

Sections: