Sierra County Municipal Code Ch. 23.01 General

This title is adopted pursuant to Article XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Cal. Gov’t Code § 66410 et seq., and may be cited as the subdivision code of Sierra County. (Formerly 23.01.001)

It is the purpose of this title to regulate and control the division of land within unincorporated areas of Sierra County, and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the county regarding the maps. To accomplish this purpose, the regulations contained in this title are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development and to promote open space in the county, conservation, protection, and proper use of land; to ensure provision for adequate traffic circulation, utilities, and improvements and services in the county. (Formerly 23.01.002)

No land shall be subdivided and developed for any purpose which is inconsistent with the general plan or any applicable specific, community or area plan of the county or which is not permitted by this title or other applicable provisions of this code.

The type and intensity of land use as provided for in the general plan shall determine, together with the requirements of the Subdivision Map Act and this title, the type of streets, roads, highways, utilities, and other public improvements and services that shall be provided by the subdivider. (Formerly 23.01.003)

The regulations set forth in this title shall apply to all or parts of subdivisions within the unincorporated areas of the county and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this title. All subdivisions and any part thereof, lying within the unincorporated areas of the county shall be made, and all subdivision maps shall be prepared and presented for approval as provided for in this title. (Formerly 23.01.004)

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

B. Mineral, oil or gas leases.

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

D. A lot line adjustment completed in compliance with Chapter 23.04 SCC.

E. Any separate assessment under Cal. Rev. & Tax. Code § 2188.7.

F. Subject to the requirements of Cal. Gov’t Code §§ 66412(g) and 66412(h) of the Subdivision Map Act, the conversion of a community apartment project to a condominium.

G. 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.

H. 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 county ordinances regulating design and improvements.

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

J. The construction, financing or leasing of dwelling units pursuant to Cal. Gov’t. Code § 65852.1 or second units pursuant to Cal. Gov’t. Code § 65852.2; but this title shall apply to the sale or transfer, but not leasing of those units.

K. Leases of agricultural land for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

L. Subdivisions of four parcels or fewer for construction of removable commercial buildings having a floor area of less than 100 square feet.

M. Any other mandatory exceptions to the applicability of the Subdivision Map Act as provided in the Subdivision Map Act. (Formerly 23.01.005)

All persons submitting applications for the approval of maps, plans, certifications, determinations or for other approvals as required by this title shall pay all fees and/or deposits as authorized by the Subdivision Map Act and as further set forth by the Board of Supervisors’ ordinances or resolutions establishing applicable fees and deposits. (Formerly 23.01.006)

Notice of hearings shall be given as provided for in SCC 20.05.110. (Formerly 23.01.007)