Article 3 — Maps Required

The necessity for tentative maps, final maps, tentative parcel maps, and parcel maps shall be governed by the provisions of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

A tentative map and final map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the Civil Code of the State, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:

(a)

The land before division contains less than five (5) acres, each parcel 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 twenty (20) acres or more and has an approved access to a maintained public street or highway; or

(c)

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

(d)

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter (¼) of a quarter (¼) section.

A parcel map shall be required for the subdivisions described in subsections (a), (b), (c), and (d) of this section (66426).

(§ II, Ord. 87-2, eff. March 12, 1987)

(a)

A tentative parcel map and parcel map shall be required for divisions into four (4) or fewer parcels, except that a tentative parcel map and parcel map shall not be required for:

(1)

Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code of the State, which are created by short-term leases terminable by either party on not more than thirty (30) days' notice in writing (66411);

(2)

Land conveyed to or from a governmental agency, public entity, or public utility or land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map (66428); and

(3)

Lot line adjustments.

(b)

A plat map, in a form as required by the Planning Department, shall be required for lot line adjustments, mergers, and certificates of compliance.

(c)

A tentative parcel map shall be required for proposed divisions requesting a waiver of a parcel map pursuant to Section 10-4.502.8 of Article 5 of this chapter.

(§ II, Ord. 87-2, eff. March 12, 1987)

(a)

A vesting tentative map shall be filed and processed in the same manner as a tentative map, except that it shall have printed conspicuously on its face the words "Vesting Tentative Map".

(b)

Whenever a vesting tentative map is approved, the approval shall confer a vested right to proceed with development in substantial compliance with the laws, policies, and standards in effect at the time the Planning Department has determined the application is complete.

(c)

Notwithstanding subsection (b) of this section, the approving body may condition or deny a permit approval, extension, or entitlement if the approving body determines any of the following:

(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; or

(2)

The condition or denial is required in order to comply with State or Federal laws.

(d)

The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the following time limits:

(1)

The vesting time period shall be two (2) years after the recording of a final map or each and every phase thereof.

(2)

The time limit set forth shall be automatically extended by the County for processing a grading permit or for design or architectural review if the time used by the local agency to process the application exceeds thirty (30) days after the date a complete application is filed. Any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by an advisory agency, the subdivider may appeal such denial to the legislative body within fifteen (15) days.

(3)

If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (1) of this subsection, the rights conferred by this section shall continue until the expiration of such permit, or any extension of such permit, granted by the County.

(e)

Consistent with subsection (b) of this section, an approved, or conditionally approved, tentative map shall not limit the County from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the laws, policies, and standards described in subsection (b) of this section.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987)

All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by the County's ordinance establishing fees and charges.

(§ II, Ord. 87-2, eff. March 12, 1987)

If the laws, policies, or standards described in subsection (b) of Section 10-4.304 of this article are changed subsequent to the approval, or conditional approval, of a vesting tentative map, the subdivider, or his assignees, at any time prior to the expiration of the vesting tentative map pursuant to subsection (d) of said Section 10-4.304, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed laws, policies, or standards. The application shall clearly specify the changed laws, policies, or standards for which the amendment is sought. The application shall be processed in the same manner as other tentative map amendments.

(§ I, Ord. 87-17, eff. July 23, 1987)