§ 9-501

(a)

Board of Supervisors. The Board of Supervisors shall have final jurisdiction in the approval of Final Maps and subdivision improvement agreements and the acceptance by the County of lands and/or improvements as may be proposed for dedication to the County for Major Subdivisions. The Board shall act as the final appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps for Major Subdivisions.

(b)

County Counsel. The County Counsel or their designee shall be responsible for approving as to form all subdivision Public Improvement Agreements and improvement securities.

(c)

County Surveyor. The County Surveyor or their designee shall be responsible for technical review of Final Maps, Parcel Maps and reversions to acreage, issuing certificates of correction for maps, certificates of compliance, and Parcel Map waivers, and ensuring conformance with the Subdivision Map Act.

(d)

Director of Community Development. The Director of Community Development or his/her designee shall be responsible for:

(1)

Establishing procedures for the review and approval of subdivision applications, lot line adjustments, and mergers; and

(2)

Overseeing work of the Zoning Administrator and ensuring coordination of subdivision approvals with zoning approvals.

(e)

Director of Public Works. The Director of Public Works or his/her designee shall be responsible for:

(1)

Establishing design and construction details, standards, and specifications;

(2)

Processing of Final Maps, certificates of compliances, Parcel Map waivers, reversion to acreage maps, and amended maps;

(3)

Determining for the Director's areas of responsibility if proposed subdivision improvements comply with the provisions of this Series and the Subdivision Map Act and for reporting the findings together with any recommendations for approval or conditional approval of the Tentative Map for Major Subdivisions and Minor Subdivisions to the Zoning Administrator.

(4)

Processing and approval of subdivision improvement plans;

(5)

Inspecting and approving subdivision improvements.

(6)

Accepting dedications and improvements for subdivisions and offsite dedications lying outside a subdivision boundary that require a separate grant deed.

(7)

Collecting all required deposits and fees for applications for which the Director is responsible.

(f)

Zoning Administrator. The Zoning Administrator shall be responsible for the processing of Tentative Maps and tentative Parcel Maps, lot line adjustments, and mergers and for the collection of application fees. The Zoning Administrator also shall be responsible for investigating proposed subdivisions for conformity to the General Plan, Specific Plans, pre-existing Special Purpose Plans, Master Plans, and the Development Title.

(g)

Planning Commission. The Planning Commission shall be the body responsible for approving, conditionally approving, or denying Tentative Maps for Major Subdivisions and hearing appeals of Final Maps and Parcel Maps.

(a)

Initial Application. Prior to or accompanying the submittal of a preliminary plan, the subdivider must complete an application on a form supplied by the Planning Division. This form must officially identify the subdivider as that person or entity responsible for the requirements set forth in the Subdivision Regulations.

(b)

Preliminary Plan and Accompanying Data. The subdivider or the subdivider's representative must submit to the Planning Division a preliminary plan of the proposed subdivision, which may be in rough sketch form, together with general information of existing conditions of the site and the proposed development, including the following information:

(1)

Intended Land Use, such as residential, commercial, industrial or other purposes;

(2)

Location Map showing the relationship of the proposed subdivision to existing community facilities, existing water and sewer disposal services, storm drainage, flood zones, water channels and waterways, and other developments that serve or influence it;

(3)

Sketch Plan, which may be a freehand pencil sketch made directly on a print of a topographic survey, and must delineate in simple form the proposed layout of streets, lots and other features in relationship to existing conditions;

(4)

Map Details including the development name, if any, and location; main traffic arteries; proposed bicycle and pedestrian circulation; shopping centers; schools; parks and playgrounds; other community features such as hospitals; existing topography and unusual features of terrain such as tree masses and watercourses on and adjacent to the proposed subdivision; existing gas and electrical infrastructure; water systems, water wells, storm drains, existing street lighting, drainage channels, scale; north arrow; date; perimeter boundary line of proposed subdivision; existing public utility facilities and easements therefor; sanitary sewer facilities and railroads, if any; and

(5)

Photographs, such as site photographs to supplement the sketch plan (not mandatory).

(c)

Optional Subdivision Conference. After the submittal of the preliminary plan and accompanying data, and prior to the submittal of a Tentative Map or Tentative Parcel Map, the subdivider or his or her representative may submit a request for a Subdivision Conference accompanied by the required fee. At the Subdivision Conference, the subdivider will be advised if areas for park, playground, schools, fire stations, libraries, bicycle paths, and other public and semipublic uses are required, and suitable locations may be suggested for them. The subdivider or the subdivider's representatives will be fully informed of applicable General Plan and Special Purpose Plan, Specific Plan or Master Plan policies and any other adopted policies, standards and regulations affecting development in the area.

(d)

Written Copy of Comments and Recommendations Provided. A written copy of the comments and recommendations resulting from the Subdivision Conference shall be furnished to the subdivider.

The provisions for when Tentative Maps, Tentative Parcel Maps, Final Maps, and Parcel Maps are required are as follows:

(a)

Tentative Map and Final Map. A Tentative Map and Final Map are required for all divisions of land creating five or more parcels, five or more condominiums as defined by the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:

(1)

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 dedications are required by the legislative body;

(2)

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

(3)

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

(4)

Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

(b)

Tentative Parcel Map and Parcel Map. A Tentative Parcel Map and Parcel Map are required for all divisions of land into four or fewer parcels, and for those divisions of land described above in paragraphs (a)(1)—(4).

(c)

Exceptions. A Tentative Parcel Map and Parcel Map shall not be required for the following divisions of land:

(1)

Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing; or

(2)

Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a Parcel Map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

(d)

Vesting Tentative Map Alternative. Whenever a provision of the Subdivision Map Act or this Ordinance requires the filing of a Tentative Map, a Vesting Tentative Map may be filed instead in accordance with the provisions of this Series.

Notwithstanding any other provision of this Title, the Zoning Administrator shall ministerially approve a Parcel Map for an urban lot split under the authority of Government Code Section 66452.6 using the approval procedures for Minor Subdivisions only upon determining that the parcel map for the urban lot split meets all the following requirements:

(a)

General Requirements. The Parcel Map subdivides an existing parcel, which was not created by a prior urban lot split, to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

(1)

Both newly created parcels are no smaller than 1,200 square feet.

(2)

The parcel being subdivided meets all the following requirements:

(A)

The parcel is located within a single-family residential zone.

(B)

The parcel subject to the proposed urban lot split is located within an urbanized area or urban cluster, as designated by the United States Census Bureau and shown in Figure 9-501.040.

(3)

The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code Section 65913.4.

(4)

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

(A)

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

(B)

Housing that is subject to any form of rent control or

(C)

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

(5)

The parcel is not located within a historic district created under Chapter 9-70-5, Historic Districts and Landmarks, or included in the State Historic Resources Inventory.

(6)

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.

FIGURE 9-501.040 2010 URBAN AREAS AND CLUSTERS

(b)

The Ministerial Approval Process. The Zoning Administrator shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this section, and no dedications of rights-of-way or the construction of offsite improvements shall be required as a condition of approval, nor can the correction of existing zoning nonconformities be required.

(1)

The Zoning Administrator may deny an urban lot split upon finding that: 1) the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment that cannot be feasibly mitigated or avoided.

(2)

The Zoning Administrator shall not deny an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(c)

Allowable Conditions of Approval. The Zoning Administrator may impose any of the following conditions of approval to ensure that a parcel map for an urban lot split complies with the General Plan and this Title.

(1)

Easements required for the provision of public services and facilities.

(2)

A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

(3)

Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:

(A)

The parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop; or

(B)

There is a car share vehicle located within one block of the parcel.

(4)

Only residential uses are allowed.

(5)

A signed affidavit must be provided prior to issuance of a building permit for a housing development on urban lot split lots stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

(A)

This requirement does not apply to an applicant that is a community land trust or is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code.

(6)

Rental of any housing unit on an urban lot split lot shall be for a term longer than 30 days.

(d)

No Accessory Units are Allowed. Under Government Code Section 66452.6, the County is not required to permit more than two units on a parcel created through an urban lot split. This means that Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on urban lot split lots.

(a)

Applicability. In the following cases, the subdivider or his or her representative may submit an "application for waiver of Parcel Map" to the Zoning Administrator:

(1)

A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;

(2)

A division of land where each parcel created has gross area of not less than 40 acres or is not less than a quarter of a quarter section; or

(3)

A division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose, such as school sites, public building sites, or rights-of-way for streets, sewers, utilities, drainage, etc.

(b)

Procedure. This waiver shall only be granted after approval by the County Surveyor upon a finding that the proposed division of land complies with the requirements of this Ordinance or the Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads,

wastewater disposal facilities, water supply availability, environmental protection, and other requirements of this Subdivision Ordinance, and upon a finding that the Subdivision Map Act does not prohibit such a waiver.

(c)

Tentative Parcel Map Required. Where the requirement for a Parcel Map is waived, a Tentative Parcel Map shall be required.

(a)

Review Tracks. The County has two tracks for the review and approval of subdivision applications: one for Major Subdivisions and another for Minor Subdivisions.

(b)

Types of Subdivisions.

(1)

Major Subdivision. A Major Subdivision is a subdivision of land creating five or more lots, five or more condominiums, or a community apartment project containing five or more units, unless otherwise excepted in the definition of a Minor Subdivision.

(2)

Minor Subdivision. A Minor Subdivision is a subdivision of land where:

(A)

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

(B)

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a County maintained road, street, or highway; or

(C)

The land consists of a parcel or parcels of land which have approved access to a public road, street, or highway and which compose part of a tract of land zoned for industrial or commercial development and which have the approval of the governing body as to street alignments and widths; or

(D)

The subdivision would create four lots or less, or condominiums or community apartments containing four units or less; or

(E)

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter-section.

(c)

Review Procedure.

(1)

Major Subdivisions. Major Subdivisions are reviewed and approved by the Planning Commission after a duly-noticed public hearing. Appeals of the Commission's actions are to the Board of Supervisors.

(2)

Minor Subdivisions. Minor Subdivisions are reviewed and approved by the Zoning Administrator. No public hearing is required. Appeals of the Zoning Administrator's actions are to the Planning Commission.

(3)

Timing.

(A)

Action with No EIR. If an Environmental Impact Report is not required, the final action on the application shall be rendered within 50 days after it is accepted as complete unless specific technical studies have been requested that will take more time.

(B)

Action with EIR. If an Environmental Impact Report is required, the final action shall be rendered within 45 days after certification of the Environmental Impact Report unless the applicant and the Zoning Administrator mutually agree on a time extension.

(C)

Appeals. Appeals of any decision shall be heard by the appeal body within 30 days, or any mutually agreed upon extension thereof, after the date of filing the appeal. A final decision shall be rendered within ten days, or any authorized extension thereof, after the conclusion of the hearing.

A Tentative or Vesting Tentative Map or Parcel Map shall not be approved unless the decision-making body makes all of the following findings:

(a)

Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable Specific Plan, pre-existing Special Purpose Plan, or Master Plan, the Development Title, and other applicable provisions of the County Code.

(b)

Physically Suitable. The site is physically suitable for the type of development and the proposed density of the development.

(c)

No Environmental Damage. The proposed subdivision, together with the provisions for its design and improvement, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, unless an Environmental Impact Report (EIR) was prepared and a finding was made that specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible, pursuant to Section 21081(a)(3) of the Public Resources Code.

(d)

No Public Health Problems. The proposed subdivision, together with the provisions for its design and improvement, is not likely to cause serious public health problems.

(e)

No Conflict with Easements. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The County may approve a map if it finds that alternate easements for access or for use will be provided and that these easements will be substantially equivalent to ones previously acquired by the public.

(f)

Availability of Water and Wastewater Disposal Service. Water and wastewater disposal services will be available and sufficient to serve a proposed subdivision. If the subdivision has more than 500 dwelling units, this finding must be in accordance with Section 66473.7 of the Subdivision Map Act.

(g)

Dedications. Any land or improvement to be dedicated to the County or other public agency is consistent with the General Plan, any applicable Specific Plan, pre-existing Special Purpose Plan, or Master Plan, and any other applicable plan adopted by the County.

(h)

Energy. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

In approving a Tentative Map or a Tentative Parcel Map, the decision-maker may impose reasonable Conditions of Approval necessary to ensure that the subdivision will comply with the General Plan, any applicable Specific Plan, Special Purpose Plan, or Master Plan, and this Title.

Subdivision review may be carried out concurrently with the review of any applications for zoning approval, including a Zoning Compliance Review, an Administrative Use Permit, and a Conditional Use Permit.

Notification for public hearings shall be provided according to the provisions for notification of public hearings in Chapter 9-802, Common Procedures.

The approval authority may authorize exceptions to any of the requirements and regulations set forth in this Series. A request for an exception shall be made by the subdivider and filed with the application for a Tentative or Parcel Map. In order to approve an exception, the Zoning Administrator or the Commission shall make all of the following findings:

(a)

There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this Series provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

(b)

The exception is necessary to preserve the subdivider's vested property rights pursuant to the Government Code provisions for a Vesting Tentative Map;

(c)

Granting the exception will not be detrimental to the public welfare or other property in the area where the subject property is located; and

(d)

Granting the exception will be consistent with the General Plan and any applicable Specific Plan or Master Plan.

Decisions that are subject to appeal under the Subdivision Map Act or this Series shall be filed and processed in accordance with to the procedures for appeals provided in Chapter 9-802 and the procedures provided below.

(a)

Appeals to the Planning Commission. A decision by the Zoning Administrator, the Director of Community Development, or the Director of Public Works may be appealed to the Planning Commission within 10 days of the issuance of the Notice of Action by filing a written appeal with the Planning Division. The appeal shall identify the decision being appealed, clearly and concisely state the reason for the appeal, and be accompanied by the fee specified in the County's Fee Schedule.

(b)

Appeals to the Board of Supervisors. A decision by the Planning Commission may be appealed to the Board of Supervisors within 10 days of the issuance of the Notice of Action by filing a written appeal with

the Planning Division. The appeal shall identify the decision being appealed, clearly and concisely state the reason for the appeal, and be accompanied by the fee specified in the County's Fee Schedule.

(c)

Procedures. The Director shall schedule the appeal for consideration by the authorized hearing body within a reasonable time after the date the appeal was filed and shall provide written notice to the appellant, the subdivider, and all other parties known to have interest in the matter as required by this Development Title and the Subdivision Map Act. The hearing body may sustain, modify, or reject the decision that is the subject of the appeal.

(d)

Appeal Stays All Proceedings. The timely filing of an appeal shall stay all proceedings in the matter appealed.

All persons submitting maps and other documents required by the Subdivision Regulations shall pay all fees and/or deposits as provided by the County's Fee Schedule, or the project shall not be deemed complete.

Fees shall be established by the County pursuant to Section 66451.2 of the Subdivision Map Act and the Mitigation Fee Act (Sections 66000 to 66025 of the Government Code).

Chapter 9-502 - General Requirements