Sierra County Municipal Code Ch. 23.16 Lot Standards and Improvements

The subdivider shall construct all required improvements, both on-site and off-site, in accordance with the standard engineering specifications and other approved standards as provided by this section and by the Board of Supervisors’ resolution or resolutions establishing such standards.

No final subdivision map shall be presented to the Board of Supervisors for approval until the subdivider either completes the required improvements, or enters into an agreement with the county to complete the improvements and provides security therefor. The agreement shall be approved by the Department of Public Works and County Counsel prior to presentation to the Board of Supervisors. (Formerly 23.16)

Lot size shall be approved for sanitary consideration by the County Health Officer and in no case shall be less than that prescribed by county zoning law and shall conform to the following:

A. The depth of any lot shall not exceed three times the width on lots of 300 feet or less in width and shall not exceed four times the width on lots exceeding 300 feet in width; except that where the frontage of the lot exceeds a width of 600 feet, an exception may be granted by the Planning Commission providing that findings required in SCC 16.20.020 are made and the exception conforms to reasonable lot configuration.

B. Lot side lines shall be at approximately right angles to street lines.

C. Lots shall not have double frontages.

D. Lots shall not be divided by city, county, school district, or other taxing agency line.

E. Lot lines shall not extend into rivers, streams and creeks that are used as public highways for recreational purposes.

Building Sites. The creation of building sites through mass pad grading and successive padding or terracing is prohibited.

Building sites within meadows, flood plains, watercourses, or the high water level of any body of water as identified by the Planning Commission are prohibited and the subdivider shall provide through subdivision design and deed restriction, conditions, covenants and restrictions, easements or other method acceptable to the county that no building or structure shall be constructed in such areas.

Every tentative parcel map and tentative map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, the prevention of sedimentation, and prevention of damage to off-site property set forth in applicable environmental law, and any specifications set by Board of Supervisors ordinance or resolution, and applicable general and specific plans. (Formerly 23.16.001)

A. General. All improvements as may be required as conditions of approval of the tentative parcel or subdivision map, or by county ordinance or resolution, together with, but not limited to, the mandatory improvements set forth below, shall be required of all subdivisions.

B. Remainder. Except as required pursuant to an agreement between the county and subdivider, improvements will not be required for a designated remainder until a permit or grant of approval is issued, or earlier upon a finding that 1) the construction is necessary for the public health and safety, or 2) the construction is a necessary prerequisite to the orderly development of the surrounding area.

C. Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches, and transitions as specified by the Commission after consultation with any applicable resolutions of the Board of Supervisors.

D. Flooding and Drainage.

1. The subdivider shall design the subdivision so that it shall be protected from inundation, flood hazard, sheet overflow, and ponding of local storm water, springs, and other surface waters. Improvements shall be designed so that water occurring within the subdivision will be carried off such subdivision without injury to any improvements, building sites, buildings, structures, or adjoining areas and will not cause erosion or siltation that would be detrimental to the environment of the area. Waters occurring within the subdivision shall be carried to a storm drainage facility or to a natural watercourse by such improvements as may be required by the Planning Commission to meet the design standards set forth in this title and by Board of Supervisors’ resolution. Drainage design within the subdivision shall accommodate reasonable anticipated future development within the drainage area. Any off-tract outlet drainage facility required to carry storm water from the proposed subdivision to a defined channel or conduit shall be made adequate for the ultimate state of development in the drainage area.

2. In any case when a watercourse traverses or serves a subdivision, adequate on-site and off-site easements for storm drainage purposes shall be provided.

3. A storm drainage maintenance district or acceptable alternative which includes the entire subdivision shall be established for the maintenance of storm drainage facilities within the subdivision and any off-site drainage easements. If a storm drainage maintenance district has previously been established within a particular drainage area, where said subdivision is being proposed, the proposed subdivision shall be annexed to the existing district.

4. If the county has adopted a drainage plan for all or part of the proposed subdivision, the subdivision shall be required to pay a fee consisting of a pro-rata share of the cost of contracting or estimated cost of constructing drainage facilities within the drainage area.

E. Sewage Disposal. Every tentative subdivision map and tentative parcel map approved pursuant to this title shall be conditioned upon compliance with the requirements of the California Regional Water Quality Control Board – Central Valley Region, and the Sierra County Code.

1. The Planning Commission may require that the subdivider connect to a sewer and drain system having plant capacity to handle his subdivision; that the subdivider construct an adequate sewage treatment plant and lines if there is no district having adequate capacity serving the proposed subdivision; or that the subdivider construct such other means of sewage disposal as shall be approved by the County Health Department.

2. Lots not served by sewers shall require the filing by the subdivider of a report indicating the feasibility of the proposed method of sewage disposal and the approval of the County Health Department for private sewage disposal.

3. In a subdivision served by a sewer system under county jurisdiction, all sewer lines, sewage treatment facilities, and appurtenances shall be constructed in accordance with the requirements of the County Engineer and the County Health Department.

4. Approval of improvement plans by the serving utility district for sewer improvements shall be required. The sewage capacity shall be calculated and submitted to the county identifying that the district has reserved sewage disposal capacity to serve this development and that this capacity will not be used for any other purpose.

F. Water Supply.

1. The Planning Commission may require that the subdivider connect to a water treatment and distribution system having adequate plant capacity to handle the subdivision; that the subdivider construct an adequate water treatment and distribution system if there is no district or water company having adequate capacity serving the proposed subdivision; or that the subdivider construct such other means of water treatment and distribution as shall provide adequate water to meet domestic and fire use. Fire use shall be no less than 500 gallons per minute for duration of four hours. Water mains supplying water to fire hydrants shall conform to the specifications set by Board of Supervisors resolution.

2. In those areas within a subdivision served by a water furnishing district or water company under county jurisdiction, all lines and facilities shall be constructed in accordance with the requirements established by state law and this title.

3. If the water system is not retained in private ownership, a district, county service area, or other public entity shall be formed to provide for maintenance and operation of the water system.

4. Mutual water companies and homeowners’ associations shall be permitted to be the water suppliers only with the approval of the county. Individual water treatment systems on the lots for water serving the lots in a subdivision shall not be permitted.

5. Domestic water shall meet all the local and state standards for quality and quantity. Any treatment plant, storage facilities and appurtenances used to render water safe for domestic use must be approved by the County Health Department.

6. Approval of improvement plans by the utility district for water service supply and maintenance is required. The water capacity shall be calculated and submitted to the county, stating that the district has the capacity to serve and meet the flows and volumes required for domestic use and fire protection for this development, over and above previously approved and existing users.

7. The following criteria shall apply to lots or parcels located or proposed to be located within 1,000 feet of a body of water or within 800 feet of a watercourse used, or likely to be used, for domestic water within five miles upstream or downstream from said lots or parcels:

a. Lots or parcels shall have a minimum lot area of five acres if both individual water and individual sewage disposal have to be installed on the lot.

b. In the event that other than individual sewerage disposal or treatment is proposed, the minimum lot areas shall be governed by water supply and applicable zoning.

c. In any event, effluent from a sewer collection system in a watershed area must be treated as required by the County Health Department and Regional Water Quality Control Board, state of California.

8. Water supply provided by wells shall be subject to approval by the County Engineer and the County Health Department. Prior to any approval the adequacy of such supply shall be demonstrated by the subdivider in any of the following ways:

a. Providing a test well or wells on five percent to 10 percent of the proposed parcels which are proposed to use individual wells (not less than one test well) as required by the County Sanitarian, accompanied by a water supply evaluation report from a hydrogeologist registered in the state of California.

b. In subdivisions where domestic water is proposed by individual wells and under the written advisement of an experienced hydrologist, supported by approval of the County Sanitarian and County Engineer, a report can be substituted for the required test well. This report shall minimally contain the location of and log data from active wells on adjoining property and an analysis of subsurface geology indicating the reliability of transferring data from the control wells to the proposed parcels.

c. In subdivision where community wells are proposed, all proposed wells shall be pump tested. The pump tests shall be provided by the subdivider and shall be performed under the direction of the County Engineer. The tests shall be performed by a groundwater geologist or hydrologist licensed in the state of California and a water supply and evaluation report containing the results of the pump tests shall be submitted to the County Engineer.

9. All groundwater sources shall be capable of delivering a sustained flow of five gallons per minute for each parcel served and shall meet the approval of the County Health Department. A test, provided by the subdivider and under the direction of a hydrogeologist or hydrologist, licensed in the state of California shall be conducted for at least 24 to 72 hours for an individual well and 24 hours to 15 days for a community well after the source is developed to determine the yield and maximum drawdown. The results of these tests shall be reviewed by and meet the approval of the County Engineer.

10. Treated or untreated distribution systems may be considered by the Planning Commission and may be determined to be adequate as sources of domestic water supply when the subdivider submits a letter from the serving entity which agrees to supply water to the proposed parcels and states the following:

a. The source and location of the distribution facility (name of canal, ditch, pipeline, etc., and its distance from the proposed parcels) and whether the water to be delivered is treated or untreated.

b. Water will be available on a year-round basis to all proposed parcels.

c. Minimum quantity of water available to each proposed parcel.

d. Any restrictions, reservations, conditions or controls set by the serving entities upon the delivery, sale, or use of the supplied water.

e. Approval has been secured from the County Health Officer and state of California, Regional Water Quality Control Board.

11. A pump test and/or water supply evaluation report shall include, but not be limited to, the following:

a. The total groundwater supply available for the project.

b. The long-term yield of proposed project wells.

c. The impact of groundwater withdrawal on stream flow, springs, vegetation, water levels, and any water sources in the area.

d. The relation between groundwater development at the project and adjacent present and future water supply development.

e. The impacts of waste disposal facilities on groundwater quality.

G. Each unit or lot within the subdivision shall be served by electric, telephone and cablevision facilities where reasonably available.

H. Underground Utilities. At the time a tentative parcel map or tentative map is approved, the Planning Commission may impose, as a condition of such approval, the requirements to install underground utilities as hereinafter provided.

1. The installation of underground utilities shall comply with not less than the minimum requirements for the placement of electrical and communications facilities in compliance with State Public Utilities Commission regulations. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal terminal boxes, and meter cabinets and concealed ducts may be installed above the ground; provided, that such facilities shall be located and designed so as to harmonize with the area and shall be appropriately screened and landscaped.

2. The responsibility of the coordination and obtaining approval from each utility concerned for the placement of underground utilities shall rest solely with the subdivider.

3. The number of working days and the sequence of installation for each utility shall be listed separately on the submitted improvement plans. The location of each utility facility and the common trench detail shall be shown by plan and cross section on the improvement plan and shall be approved by the County Engineer.

4. The subdivider shall be responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. An agreement shall be entered into between the subdivider and the utility companies listing who performs and finances each segment of work relating to electrical and telephone installations. A letter from the serving utility company will be required before the improvement plans are signed by the County Engineer and the County Planning Director. The letter shall state that said company has approved the design, utility location and scheduling and has entered into the above agreement.

5. Any high voltage or major communication facility should be identified in accordance with public utility company requirements by a buried cable marker or acceptable alternate on each side of the roadway.

I. Fire Protection. The County Planning Commission, after consultation with the appropriate fire protection district, shall require fire protection improvements for all subdivisions.

J. Other Improvements. Other improvements including, but not limited to, grading, street lights, fire hydrants, signs, street lines and markings, street trees and shrubs, landscaping, monuments, bicycle facilities, fences, noise barriers, fire fighting improvements or fees in lieu of any of the foregoing shall also be required as determined by the Planning Commission in accordance with this title, the general plan, county standards and specifications.

K. Off-site Improvements. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the county has sufficient title or interest to allow construction, the county shall, within 120 days of recording the final map, acquire by negotiation or commence condemnation of the land. If the county fails to meet the 120-day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the county may require the subdivider to enter into an agreement to complete the off-site improvements at the time the county acquires title or an interest in the land.

The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements. (Formerly 23.16.002)

A. Subdivisions of Four or Fewer Parcels. The frontage improvements along peripheral streets may be deferred when deemed necessary by the Department of Public Works. When improvements are deferred, the subdivider and/or owner of the real property shall enter into improvement and security agreements with the county, in a form acceptable to the Department of Public Works and County Counsel, for the installation of all frontage improvements at a time in the future as specified by the county. The County Clerk shall execute the agreement on behalf of the county. The agreement shall provide for the following:

1. Construction of improvements shall not commence until the improvement plans have been approved by the Department of Public Works and shall be completed within the time so specified.

2. That in the event of a default by the subdivider and/or owner, the county is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid, from the improvement security.

3. That the agreement shall be recorded with the County Recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the county, including interest as provided above, subject to foreclosure in the event of a default in payment.

4. That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs involved, including reasonable attorneys’ fees, and that the same shall become a part of the lien against the real property.

5. That the terms “subdivider” and “owner” shall include, respectively, not only the subdivider and the present owner of the real property, but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.

6. Any other improvement security as required by SCC 23.17.010.

7. Any other provisions required by the county as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this title.

The agreement shall not relieve the subdivider or owner from any other specific requirement of the Subdivision Map Act, this code or law. The construction of deferred improvements shall conform to the provisions of this title and all applicable county regulations in effect at the time of construction.

B. Remainders. Where a remainder is made part of a final or parcel map, the subdivider may enter into an agreement with the county to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider’s expense. In the absence of such an agreement, the county may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon a finding that fulfillment of the construction requirements is necessary for reasons of.

1. The public health and safety; or

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Formerly 23.16.003)

All lots or parcels created shall normally have legal and approved access to a public street improved to the standards set forth in this title. However, if the Planning Commission determines that the most logical development of the land requires that lots be created with access to private streets, such a development may be approved. The subdivider shall submit a development plan showing the alignment width, grade, and material specifications of any proposed private street, the topography and means of access to each lot, and the drainage, sewer and water service and fire protection for the lots served by such private street. The private street shall be constructed in accordance with standard engineering specifications and any other applicable plans and specifications of the county as approved by the Department of Public Works. Construction of the private street shall be completed prior to the completion of the construction and/or occupancy of the lots. The subdivider shall be required to provide a feasible method for the maintenance of such private streets, which method shall be subject to the prior approval of the Department of Public Works and County Counsel.

If “flag” lots are approved as part of the subdivision, the requirements, including the improvements to the stem of the “flag” lots, shall be as described for private streets in the preceding paragraph.

Reserve strips, or nonaccess at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the county when required by the county. (Formerly 23.16.005)

A. General. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the state of California.

B. Form. Form shall be as specified in current county improvement standards.

A suitable title block shall be placed in the lower right corner or along the right edge and provide adequate space for approval by the Department of Public Works and appropriate agencies and for approval of plan revisions.

Plans and profiles shall be drawn to the scale of 1" = 40' horizontal, 1" = 4' vertical profile, or larger unless approved otherwise by the Department of Public Works and appropriate agencies. Details shall be drawn to such scale that clearly shows the facility being constructed. The scales for various portions of the plans shall be shown on each sheet.

A vicinity map shall be shown on the first sheet of all sets of plans.

A north arrow shall be shown on each sheet when applicable.

Plans shall be laid out to orient north to the top or right edge of the sheet unless approved otherwise by the County Engineer.

All lettering shall be one-eighth-inch minimum.

If the plans include three or more sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall be included.

The form of all plans shall conform to additional requirements as may be established by the county. The final form of all plans shall be approved by the Department of Public Works and appropriate agencies.

C. Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be constructed, both public and private, including common areas.

Reference may be made to Sierra County or state standard plans in lieu of duplicating the drawings.

D. Supplementary Plans and Calculations. Hydrology, hydraulic plans and calculations, bond or other security estimates, and any structural calculations as may be required shall be submitted with the improvement plans to the Department of Public Works Director, special districts and the Sierra County flood control district as applicable. All calculations shall be legible, systematic and signed and dated by a registered civil engineer licensed by the state of California and in a form approved by the Department of Public Works.

E. Review by the Department of Public Works and Planning. The subdivider shall submit three complete sets of improvement plans and all computations to the Department of Public Works for review. Upon completion of the review, one set of the preliminary plans, with any required revisions indicated, will be returned to the subdivider. One set of plans shall also be submitted to the Planning Department for review.

F. Approval by the Department of Public Works. After completing any required revisions, the subdivider shall transmit the originals of the improvements plans to the Department of Public Works for signature.

Upon finding that any required revisions have been made and that the plans conform to all applicable county ordinances and plans, design requirements and conditions of approval of the tentative parcel or subdivision map, the Department of Public Works shall sign and date the plans. The subdivider shall provide a reproducible (mylar) set of plans to the Department of Public Works. The originals will be returned to the subdivider.

Approval of the improvement plans shall not be construed as approval of the gas, electric, telephone and cable television service construction plans.

The department shall act upon any improvement plan within 60 days of its submittal, unless the local agency determines, pursuant to Cal. Gov’t. Code § 66456.2(c), that it is unable to meet this time limit.

Approval by the Department of Public Works shall in no way relieve the subdivider or the subdivider’s engineer from responsibility for the design of the improvements and for any deficiencies resulting from the design or from any required conditions of approval of the tentative parcel or subdivision map.

G. Revision to Approved Plans.

1. By Subdivider. Requests by the subdivider for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the Department of Public Works or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable to the Department of Public Works and consistent with the tentative parcel or subdivision map, the originals shall be submitted to the Department of Public Works for initialing. The originals shall be returned to the subdivider and the revised plans shall be immediately transmitted to the Department of Public Works. Construction of any proposed revision will not be permitted to commence until revised plans have been received and approved by the Department of Public Works.

2. By Department of Public Works. When revisions are deemed necessary by the Department of Public Works to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider. The subdivider shall revise the plans and transmit the originals to the Department of Public Works for initialing within the time specified by the Department of Public Works.

Upon receipt of the initialized originals, the subdivider shall immediately transmit revised drawings to the Department of Public Works. Construction of all or any portion of the improvements may be stopped by the Department of Public Works until revised drawings have been submitted.

The subdivider may, in accordance with Chapter 23.03 SCC, appeal revisions required by the Department of Public Works to the Planning Commission by filing an appeal in writing with the Secretary of the Planning Commission within 15 days following receipt of the request to revise the plans, and then to the Board of Supervisors by filing an appeal in writing with the County Clerk within 15 days.

3. Plan Checking and Inspection Costs for Revisions. Costs incurred by the county for the checking of plans or calculations or inspection as a result of revisions to the approved plans shall be borne by the subdivider at actual cost. A deposit, when required, shall be submitted with the revised plans and applied toward the actual costs. (Formerly 23.16.006)

A. All work done in constructing the improvements and all materials furnished shall be subject to the inspection of the county.

B. The county shall have access to the work at all times during its construction and shall be furnished with every reasonable facility for ascertaining that the materials used and the workmanship are in accordance with the county regulations.

C. If any of the work on improvements is done by the subdivider prior to the approval of the improvement plans, or prior to the inspection of the improvements by the County Planning Department and the County Engineer, such work may be rejected and shall be deemed to have been done at the risk and peril of the subdivider. (Formerly 23.16.007)

The subdivider shall perform the work to completion without undue delay except for inclement weather or other reasonable cause as determined by the County Engineer. Delay in completion of the work beyond the period stated in any agreements for improvement unless an extension is approved by the Board of Supervisors and the surety company may result in forfeiture of the cash deposit or security or a portion thereof for the completion of the work. (Formerly 23.16.008)

A. When all improvement work required by the approved improvement plans, or a complete unit thereof, is complete to the satisfaction of the County Engineer, he shall issue a certificate to the Board of Supervisors stating that such a portion of the work has been satisfactorily completed and recommending the acceptance by the Board of Supervisors of the completed portion of the work.

B. Upon satisfactory completion of all work required to meet the requirements of this title, and its acceptance by the Board of Supervisors, the Board of Supervisors shall file a notice of completion as to the required improvements in the office of the County Recorder. (Formerly 23.16.009)

The improvement agreement shall be prepared by the Department of Public Works and approved as to form by the County Counsel. The agreement shall provide for:

A. Construction of all improvements including any required off-site improvements, according to the approved plans and specifications on file with the Department of Public Works;

B. Completion of improvements within the time specified by the agreement;

C. Right of the county to modify plans and specifications and to require the subdivider to pay for modifications;

D. Warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;

E. Payment of inspection fees in accordance with the county’s ordinance;

F. Payment of in-lieu fees for undergrounding of utilities on peripheral streets;

G. Payment of planned drainage facility fees;

H. Improvement security as required by Chapter 23.17 SCC;

I. Maintenance and repair of any defects or failures and their causes;

J. Release and indemnification of the county from all liability incurred in connection with the development and payment of all reasonable attorneys’ fees that the county may incur because of any legal action or other proceeding arising from the development;

K. Any other deposits, reimbursements, fees or conditions as required by county ordinance or resolution and as may be required by the Department of Public Works;

L. Any other provisions required by the county as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this title. (Formerly 23.16.010)