Sierra County Municipal Code Ch. 23.06 Tentative Subdivision Maps

The form and contents, submittal, and approval of tentative subdivision maps shall be governed by the provisions of this section. (Formerly 23.06.001)

The filing of tentative subdivision maps shall be with the Planning Director, or his designee. (Formerly 23.06.002)

The tentative subdivision map shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. For subdivisions of average lot size of less than one acre, the scale shall be one inch equals 50 feet. For subdivisions of average lot size of one acre or more, the scale shall be one inch equals 100 feet. The tentative subdivision map shall be clearly and legibly drawn and shall contain not less than the following:

A. A title, which shall contain the subdivision number, subdivision name, and type of subdivision.

B. Name and address of legal owner, subdivider, and person preparing the map, including registration or license number and expiration date.

C. Sufficient legal description to define the boundary of the proposed subdivision.

D. The names and numbers of adjacent subdivisions and the names of owners of adjacent unplatted land.

E. Date, north arrow, scale, contour interval, and source and datum of existing contours.

F. A statement of present zoning and general plan designation and of existing and proposed uses of the property, as well as any proposed zoning changes, whether immediate or future.

G. A vicinity map showing roads, adjoining subdivisions, towns, creeks, and other data sufficient to locate the proposed subdivision and show its relation to the community.

H. Existing topography of the proposed site and at least 500 feet beyond its boundary including, but not limited to:

1. Existing contours at two-foot intervals if the existing ground slope is less than 10 percent and at not less than five-foot intervals for existing ground slopes equal or greater than 10 percent. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines.

2. Spot elevations shall be expressed to the nearest one-tenth (0.1) of a foot. On comparatively level terrain where contours are more than 100 feet apart, the contours may be omitted and spot elevations shall be shown at intervals.

3. At least 90 percent of all contours shall be within one-half contour of true elevation except that in areas where the ground is completely obscured by dense brush or timber, 90 percent of all contours shall be within one contour of true elevation. Contours in obscured areas shall be indicated by dashed lines.

4. Type and location of any wooded area or trees with a trunk diameter of four inches or more, measured at three feet from the lowest grade touching the tree. Any trees proposed to be removed shall be individually indicated.

5. The location and outline of existing structures and improvements, including but not limited to wells, septic tanks, landfills, driveways, utility poles and mine shafts (active and abandoned), identified by type. Structures to be removed or mine shafts to be filled shall be so marked.

6. The approximate location of all areas of potential storm water overflow; the location, width, and direction of flow of each water course; and the flood zone designation as indicated on the Flood Insurance Rate Map (FIRM), as defined in Title 32.

7. The location, pavement and right-of-way width, grade and name of existing streets or highways.

8. The widths, location and identification of all existing easements.

9. The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets shall be indicated.

I. Proposed improvements to be shown shall include, but not be limited to:

1. The location, grade, centerline radius and arc length of curves, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown, proposed private streets shall be clearly indicated and shown improvements shall be consistent with adopted county improvement standards.

2. The location and radius of all curb returns and cul-de-sacs.

3. The location, width, and purpose of all easements.

4. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees.

5. The approximate lot layout and the approximate dimensions of each lot and each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut-and-fill slopes to scale, the number of each lot, and the elevation of adjacent parcels.

6. Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than 10 percent and not at less than five-foot intervals for existing ground slopes of 10 percent or more. A separate grading plan may be submitted.

7. Proposed recreation sites, trails and parks for private or public use.

8. Proposed common areas and areas to be dedicated to public open space.

9. The location and size of sanitary sewers, fire hydrants, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated. The proposed routing of storm water runoff generated by a 100-year flood shall also be indicated.

10. A statement as to the intention of the subdivider in regard to slope planting and erosion control.

11. The standards set forth in this title.

J. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative subdivision map.

K. The size of each sheet shall be 24 inches by 36 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than 1" = 100' or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings. A master sheet showing the entire subdivision shall be included.

L. Reserved.

M. The plotting of general street and lot layout on aerial photos.

N. An agreement for indemnity as authorized by Cal. Gov’t. Code § 66474.9.

O. A written statement of general information on the following shall accompany the map:

1. Approximate construction phasing and sketch of the subdivision showing that each phase of construction is completed within one construction season.

2. A construction phasing schedule for all on-site and off-site improvements.

3. Proposed method of fire protection and, if applicable, approval of the fire district within which the subdivision is located.

4. Plans for draining areas subject to inundation.

5. Proposed deed restrictions.

6. Proposed method of assuring proper administration and maintenance of common areas and open space.

7. Other improvements proposed.

P. Upon the written request of the subdivider, the Planning Department may waive any above tentative map information requirements of this Chapter 23.06 SCC, if the Planning Department determines that the type of subdivision does not justify compliance with these requirements, or if the Planning Department determines that other circumstances justify a waiver. The Planning Department may require other drawings, data or information as deemed necessary by the Planning Department to accomplish the purposes of the Subdivision Map Act and this title. A denial of a waiver is a nonappealable decision. (Formerly 23.06.003)

The tentative subdivision map shall be accompanied by the following data and reports:

A. Street Names. A list of proposed street names for any unnamed street or alley for review by the Planning Department. A separate list is necessary only for those streets not so referenced on the map.

B. Soils Report. A preliminary soils report prepared by a civil engineer registered in this state and in accordance with the provisions of Appendix Chapter 33 (Excavation and Grading) of the Uniform Building Code. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision.

C. Title Report. A current preliminary title report, acceptable to the department, showing all parties having record title interest in the property whose consent would be required to record a final map.

D. Environmental Review. Information shall be submitted as required by the department to allow a determination on environmental review to be made in accordance with CEQA.

E. Preliminary Engineering Calculations. Information shall be submitted as required by the county standard engineering specifications to demonstrate the adequacy of the design of the proposed improvements. Such information shall include design parameters and engineering calculations.

F. Phasing. If the subdivider plans to file multiple final maps on the tentative subdivision map, written notice to this effect shall be submitted to the Planning Director.

G. Water Availability. Information shall be submitted as required by the department to demonstrate a satisfactory source of water (quality and quantity) as necessary for domestic and, if required, firefighting needs. Where appropriate, well tests may be required.

H. Sanitary Waste Disposal. Information shall be submitted as required by the County Health Department to demonstrate proposed disposal of all wastes including, where necessary, septic system feasibility including soil percolation tests and soil mantle excavations.

I. Geotechnical Report. A geological report prepared by a civil engineer registered in this state and as allowed by the Professional Engineers Act and Land Surveyors Act of 1987, containing such information as required by the department.

J. If the subdivision is inconsistent with the existing general plan and/or zoning, then application to amend the general plan and/or zoning as appropriate shall accompany the tentative map application.

K. Drainage Analysis. Drainage calculations (pre- and post-project conditions).

L. Written evidence of rights of entry or permanent easements on or across private property not within the proposed subdivision shall be required as may be necessary to allow performance of the work necessary to improve the subdivision, to allow for the maintenance of the subdivision improvements once completed, to allow for permanent access to the proposed subdivision, and to allow for and to grant necessary slope rights which shall be submitted with the final map or parcel map.

M. The name and address of all public entities or utilities that will serve the proposed subdivision.

N. Other Reports. Other pertinent data or reports deemed necessary by the department, including but not limited to traffic analyses, and archaeological surveys. (Formerly 23.06.004)

Each street which is to be dedicated which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative subdivision map and shall be given the same name as such existing street. The proposed name of each other street shown on the tentative subdivision map shall be submitted to the county for approval in accordance with current county street-naming policies prepared by the Planning Department. The approved street name shall be shown on the final map. (Formerly 23.06.005)

The tentative map application shall be filed with the Planning Department. The application shall be determined by the department to be complete only when the form and contents of the tentative subdivision map conform to the requirements of Chapters 23.03 and 23.04 SCC, all environmental review required by CEQA has been completed, and when all accompanying data and reports, as required by Chapter 23.05 SCC, and all fees and/or deposits as required by Chapter 23.01 SCC have been submitted and accepted by the department. The subdivider shall file with the department 20 copies of the proposed tentative subdivision map, unless the Planning Director determines a different number of copies necessary. The department shall forward copies of the proposed tentative subdivision map to the affected public agencies and utilities which may, in turn, forward to the department their findings and recommendations. Certification from all affected public agencies and utilities that the subdivision can be adequately served must be received by the department before the application will be deemed complete for purposes of further processing of the application. (Formerly 23.06.006)

Depending upon the location of the proposed subdivision, the Planning Department shall, within five days of receipt of a completed application, refer the proposed tentative subdivision map to the following agencies:

A. The city of Loyalton if it files a request for notice pursuant to Cal. Gov’t. Code § 66453;

B. The Department of Transportation if it has filed a map with regards to a state highway as provided for in Cal. Gov’t. Code § 66455;

C. The Department of Water Resources if it has filed a map with regards to the State Water Resources Development System, as provided for in Cal. Gov’t. Code § 66455.1;

D. To the affected school district;

E. To the State Board of Education if the subdivision includes a school site, as provided for in Cal. Gov’t. Code § 66413.7, and if the school site is within two miles of an airport runway, then to the State Department of Transportation, as provided for by Education Code 39005 and Cal. Gov’t. Code § 66413.7. (Formerly 23.06.007)

Decisions of the Planning Director may be appealed by the applicant pursuant to SCC 20.05.130. All processing time periods shall be suspended during an appeal. (Formerly 23.06.008)

The staff report shall be in writing and served by mail on the subdivider, and each tenant in the case of a conversion, at least five days before the hearing.

A. Action. The Planning Commission shall approve, conditionally approve, deny or make its recommendation on the tentative subdivision map, and the department shall report the decision of the Planning Commission to the subdivider within 50 days after the tentative subdivision map application has been determined by the department to be complete. An application is not complete until the lead agency has determined the project is exempt from CEQA or accepted a negative declaration or certified an environmental impact report.

B. Standards to Be Applied.

1. Except as provided in subsections (B)(2) and (B)(3) of this subsection, the standards to be applied are only those ordinance, policies and standards in effect on the date the county determined the application to be complete.

2. Subsection (B)(1) of this subsection shall not apply to circumstances in which the county has, prior to determining the application complete, initiated proceedings by way or ordinance, resolution or motion, and published notice in the manner prescribed by Cal. Gov’t. Code § 65090(a) describing the nature of the proposed change in general or specific plans, zoning or subdivision regulations.

3. If the subdivider requests changes in applicable ordinances, policies or standards in conjunction with his or her development project.

C. Approval. The tentative subdivision map may be approved or conditionally approved by the Planning Commission if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, the zoning code, and all applicable provisions of this title.

The Planning Commission may modify or delete any of the conditions of approval recommended in the department’s report. The Planning Commission may add additional requirements as a condition of its approval.

If no action is taken by the Planning Commission within the time limits specified in this section, the tentative subdivision map, as filed, shall be deemed to be approved insofar as it complies with other applicable provisions of the Subdivision Map Act, this title and the general plan.

D. Denial. The tentative subdivision map may be denied by the Planning Commission on any of the grounds provided by the Subdivision Map Act or this title. The Planning Commission shall deny approval of the subdivision tentative map if it makes any of the following findings:

1. That the proposed map or the design and/or improvement of the proposed subdivision is inconsistent with the general plan, any applicable specific plan, zoning or other applicable provisions of this code;

2. That the site is not physically suitable for the type of development;

3. That the site is not physically suitable for the proposed density of development;

4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission may approve such a tentative subdivision map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

5. That the design of the subdivision or the type of improvements are likely to cause serious public health or safety problems;

6. That the design of the subdivision 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 subdivision. In this connection, the Planning Commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or

7. Subject to Cal. Gov’t. Code § 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Cal. Gov’t. Code § 51200) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use, or would be less than the minimum required to enter into a new contract;

8. The proposed subdivision fails to comply with the development standards set forth in this title. (Formerly 23.06.009)

The Planning Commission shall determine whether the discharge of waste into an existing community sewer system would violate existing requirements of the Regional Water Quality Control Board. If the Planning Commission finds that a discharge would result in or add to violation of those requirements, the Planning Commission may disapprove the tentative subdivision map. (Formerly 23.06.010)

The Planning Commission may require the design of the subdivision to provide for telephone service. (Formerly 23.06.011)

The Planning Commission may require the design of a subdivision to provide one or more cable television systems an opportunity to construct, install, and maintain, on land identified on the map as dedicated or to be dedicated to the public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision. This section shall not apply to conversions. (Formerly 23.06.012)

If a project is a “land project” as defined in Section 11000.5 of the California Business and Professions Code, and a specific plan has not otherwise been approved, the Planning Commission shall impose a condition that a specific plan be approved before any final maps may be submitted. (Formerly 23.06.014)

Any applicable time limits for acting on the tentative subdivision map application may be extended by mutual consent of the subdivider and the Planning Commission or the Board of Supervisors. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project. (Formerly 23.06.015)

The subdivider shall be notified in writing of the decision of the Planning Commission. If the tentative subdivision map has been approved or conditionally approved, the subdivider may prepare a final map, as appropriate, provided the appeal period has expired and no appeal has been filed. (Formerly 23.06.016)

The subdivider or any interested person adversely affected by any Planning Commission action with respect to the tentative map, including tenants of the subject property in the case of a proposed conversion, may file an appeal as provided in SCC 20.05.130. The Board of Supervisors shall hold the hearing on the appeal within 30 days after the date a hearing was requested by the subdivider or appellant, unless the appellant consents to a continuance. Within 10 days following the conclusion of the hearing, the Board of Supervisors shall declare its findings.

The appeal shall be a public hearing after notice has been given according to SCC 20.05.130. The Board of Supervisors may sustain, modify, reject or overrule any findings, recommendations or rulings of the Planning Commission and may make any findings or decisions which are consistent with the provisions of the Subdivision Map Act or this title.

If the Board of Supervisors fails to act upon an appeal within the time limits set forth in this section, the tentative map shall be deemed to be approved or conditionally approved in the form that it was last approved or conditionally approved by the Planning Commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, this title, and the general plan. (Formerly 23.06.017)

A. The approval or conditional approval of a tentative subdivision map shall expire 24 months from its approval by either the Planning Commission or Board of Supervisors, whichever occurs last. The Planning Commission may grant an initial approval for an additional period of 12 months. However, if in connection with a tentative map for which the filing of multiple final maps is authorized pursuant to SCC 23.07.020, the subdivider is made subject to a requirement of $125,000 or more, as said dollar value is adjusted pursuant to Cal. Gov’t. Code § 66452.6(a), to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative subdivision. If the tentative subdivision map is on property subject to a development agreement authorized by Cal. Gov’t Code § 65864 et seq., then the expiration date may be extended in accordance with the terms of the development agreement, but no longer than the term of the agreement. An extension to the expiration date may also be approved as provided in SCC 23.06.190.

B. The period of time specified in subsection (A) of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative subdivision map only if a stay of the time period is approved by the Planning Commission. After service of the initial petition or complaint upon the county, the subdivider may, in writing to the Planning Director, request a stay in the time period of the tentative subdivision map. Within 40 days after receiving the request, the Planning Commission shall either stay the time period until the lawsuit is terminated, but not to exceed five years, or deny the requested stay. The request for the stay shall be considered upon notice and hearing by the Planning Commission, and upon conclusion of the hearing, the Planning Commission shall, within 10 days, render its decision. The subdivider or any interested person may appeal action of the Planning Commission on the stay to the Board of Supervisors in accordance with SCC 20.05.130.

C. The period of time specified in subsection (A) of this section shall not include any period of time during which a development moratorium is in effect according to Cal. Gov’t. Code § 66452.6(b) of the Subdivision Map Act, for a period of time not to exceed five years. Once the development moratorium is terminated, the map shall be valid for the same period as was left to run when the moratorium was imposed, or 120 days, whichever is greater. (Formerly 23.06.018)

A. Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative subdivision map by written application to the Planning Director. The application shall be filed before the map is to expire and shall state the reasons for requesting the extension. Upon such application by the subdivider, the map shall automatically be extended for 60 days or until the application for the time extension is approved, conditionally approved or denied, whichever comes first.

B. Planning Commission Action. The department shall review the request and submit the application for the extension, together with a report to the Planning Commission for approval, conditional approval or denial at the next scheduled Planning Commission meeting. A copy of the department’s report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The Planning Commission may act to approve, conditionally approve or deny the extension. In acting on the request for extension, the Planning Commission may consider the project in relationship to current conditions, regulations and applicable laws.

C. Time Limit of Extensions. The time at which the tentative subdivision map expires may be extended by the Planning Commission for a period not exceeding a total of five years.

D. Appeal of Extension. The subdivider or any interested person adversely affected may appeal any action of the Planning Commission on the extension to the Board of Supervisors in accordance with SCC 20.05.130. (Formerly 23.06.019)

Mandatory extensions enacted by the California Legislature at Cal. Gov’t. Code §§ 66452.11 and 66452.13 are in addition to those provided for in this section. (Formerly 23.06.020)

Amendments which are not in substantial compliance with the approved or conditionally approved tentative subdivision map or conditions of approval shall be in accordance with the provisions for processing a tentative subdivision map. (Formerly 23.06.021)