Article 5 — Parcel Maps

A tentative parcel map showing the design, improvements, and existing conditions of the proposed parcel map subdivision shall be required.

The tentative parcel map shall be prepared by or under the direction of a State registered civil engineer or licensed land surveyor. The engineer or surveyor shall sign the map to indicate his responsibility, and his address and registration or license number shall be shown.

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

The form and contents of a tentative parcel map having five (5) parcels or more shall comply with Section 10-4.401.2 of Article 4 of this chapter.

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

The form and contents of a tentative parcel map having four (4) parcels or less shall comply with the following:

(a)

Size and scale. The size of the map sheet shall be at the discretion of the engineer or surveyor but shall not exceed eighteen (18″) inches by twenty-six (26″) inches.

The map shall be drawn to scale, and a bar scale shall be shown.

(b)

Legibility. All printing, lettering, and numbering on the map shall be of such size, shape, and weight as to be readily legible on prints and other reproductions made from the original drawings.

The map shall contain the following information:

(c)

Location. The Assessor's parcel numbers and the general location, including the section, township, and range;

(d)

Proponents. The name and address of the fee title owner and the subdivider;

(e)

Date and north arrow. The date the map was prepared, the date of any map revisions, and a north arrow;

(f)

Vicinity map. A vicinity map showing the location of the subdivision in relation to the surrounding area;

(g)

Boundary. Sufficient information to define the boundary of the proposed subdivision, including approximate dimensions;

(h)

Easements. The location, dimensions, identity, and purpose of all easements, existing and proposed;

(i)

Access. The existing and proposed access from a public road to all lots, including any remainder parcel, shall be delineated, including right-of-way widths and approximate grades. Where access is by an existing easement, the deed reference shall be shown;

(j)

Adjoining properties. The identity or name of all adjoining subdivisions and adjoining record owners;

(k)

County and city boundaries. County and city boundaries which cross or adjoin the subdivision;

(l)

Tax rate area boundaries. All school district and special district boundaries which cross the subdivision;

(m)

Land use. The existing and proposed land uses;

(n)

Noise level. The approximate locations of the sixty (60), sixty-five (65), and seventy (70) Community Noise Equivalent Level contours, if any;

(o)

Existing topography. The existing topography of the proposed subdivision, including, but not limited to:

(1)

The slope of the land in sufficient detail to provide an accurate representation of the terrain, including the approximate location of significant changes in the slope;

(2)

The approximate location and identity of all significant features of topography, including, but not limited to, hills, ridges, bluffs, canyons, gullies, drainage routes, slide areas, and unstable areas;

(3)

For those areas of the proposed subdivision which are within or in the near vicinity of a flood hazard area, contours shall be shown in compliance with subsection (1) of subsection (d of Section 10-4.401.2 of Article 4 of this chapter;

(4)

The approximate location, outline, and use of existing structures. Structures to be removed shall be so marked;

(5)

The approximate location of existing wells;

(6)

The approximate location of all areas subject to inundation or stormwater overflow and the location, dimensions, and direction of flow of all watercourses; and

(7)

The location, name, right-of-way width, pavement or traveled way width, and grade of all existing roads, streets, and highways;

(p)

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

(1)

The approximate layout, dimensions, and area of each lot;

(2)

Each lot shall be identified by number or letter and any designated remainder;

(3)

The location, name, grade, length, radius of curves and cul-de-sacs, right-of-way width, and typical section of all roads and streets; and

(4)

The location of any common areas, open space, and trails;

(q)

Grading. Sufficient data to determine that any proposed or required grading for building sites and cut-fill slopes can be constructed in accordance with the County Land Development Manual. Data shall be sufficient to locate sewage systems when applicable;

(r)

Drainage. The location, size, type, and slope of all existing and proposed storm drains and drainage structures;

(s)

Water and sewage. The proposed source of potable water and method of sewage disposal; the location of existing septic systems; the location, size, and type of proposed and existing sanitary sewers and water mains; and the approximate slope of proposed and existing sanitary sewers;

(t)

Dedications. All roads and areas to be offered for public dedication shall be clearly delineated and identified.

Roads intended for the private use of the subdivision shall be labeled as "private road"; and

(u)

Modifications or waivers of requirements. The Planning Department, with the consent of the Department of Public Works and the County Health Department as may be necessary, may modify or waive any of the requirements set forth in this section when there are circumstances peculiar to the proposed subdivision which justify the change.

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

The tentative parcel map shall be received for filing only when such map conforms to Section 10-4.501.2 or 10-4.501.3 of this article and has been submitted to and accepted by the Planning Department. The subdivider shall file with the Planning Department the number of tentative parcel maps the Planning Director may deem necessary.

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

The tentative parcel map shall be reviewed by the Planning Department for compliance with all applicable County laws and the Subdivision Map Act. Upon the completion of the review and upon the receipt of a valid application for the tentative parcel map, the Planning Director shall set the matter for a public hearing.

At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, and a general description of the area affected, and the street address, if any, of the property involved. The notice shall be published at least once in a newspaper of general circulation published and circulated in the County.

In addition to notice by publication, the County shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed application.

In addition, notice shall be provided to all owners on each side of any private access road which may be required to provide access to the property. In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project, notice shall be given as required by Section 66451.3 of the Subdivision Map Act.

In the event the proposed application has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the County shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.

In addition, notice shall be given by first-class mail to any person who has filed a written request with the secretary of the Planning Commission. A request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The County may impose a reasonable fee on persons requesting notice for the purpose of recovering the cost of mailing.

Substantial compliance with the provisions of this section for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this article.

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

Upon the completion of the public hearing, the Planning Commission shall approve, conditionally approve, or deny the tentative parcel map. A letter of the action taken, along with any conditions imposed, shall be sent to the subdivider and engineer. If the subdivision is denied, the subdivider and the engineer shall be so notified in writing with a statement for the reasons of denial.

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

In approving or conditionally approving the tentative parcel map, the Planning Commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable General or Specific Plans adopted by the County.

The tentative parcel map may be denied for any reason provided by County laws, resolutions, or the Subdivision Map Act. The Planning Commission shall deny the approval of the tentative parcel map if it makes any of the findings set forth in Section 10-4.401.6.3 of Article 4 of this chapter.

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

In approving the tentative parcel map, the Planning Commission may impose as conditions of filing a parcel map any or all, but not limited to, the following requirements:

(a)

Frontage improvements;

(b)

On-site improvements;

(c)

Off-site improvements;

(d)

Dedications;

(e)

Applicable fees;

(f)

A soils and/or engineering geology report; and

(g)

Undergrounding utility lines on peripheral streets. Such requirements shall be in accordance with the provisions of this chapter. The subdivider and the engineer shall be notified in writing of all the conditions imposed.

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

If the subdivider disagrees with any action by the Planning Commission with respect to the tentative parcel map, the subdivider, within ten (10) days after the decision may file an appeal with the County Clerk, accompanied by a fee set by the Board. The Board shall consider the appeal within thirty (30) days or at its first regular meeting subsequent to such appeal, unless the subdivider consents to a continuance. Such appeal shall be a public hearing after notice has been given pursuant to Section 104.401.6.1 of Article 4 of this chapter. In addition, notice shall be given to the subdivider and the Planning Commission, and, upon the conclusion of the public hearing, the Board, within ten (10) days, shall declare its findings. The Board may sustain, modify, reject, or overrule any recommendation or ruling of the Planning Commission and may make findings which are consistent with the provisions of this chapter or the Subdivision Map Act.

(§ II, Ord. 872, eff. March 12, 1987, as amended by § III, Ord. 97-21, eff. August 7, 1997)

Any interested person adversely affected by a decision of the Planning Commission may file a complaint with the Board concerning such decision. Any such complaint shall be filed with the County Clerk within ten (10) days after the action which is the subject of the complaint, accompanied by a fee set by the Board. No complaint shall be considered after the ten (10) day period. The Board, at its discretion, may reject the complaint within fifteen (15) days or set the matter for a hearing. If the Board rejects the complaint, the complainant shall be notified of such action. If the matter is set for a hearing, a public hearing shall be held within thirty (30) days after filing the complaint pursuant to the procedures contained in Section 10-

Any tenant of the property being subdivided in the course of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project may file an appeal from any action of the Planning Commission pursuant to the Subdivision Map Act and Section 10-

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § III, Ord. 97-21, eff. August 7, 1997)

Any interested person may appeal any decision of the Planning Commission relative to conformity to the General Plan or any Specific Plan of the County to the Board. Such appeal and the hearing thereon shall be in accordance with Section 104.501.9.1 of this article, with additional notice to be given to the appellant.

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

The approval or conditional approval of the tentative parcel map shall expire twenty-four (24) months after the date of its approval:

The period of time specified 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 parcel map only if a stay of the time period is approved by the Board. Within ten (10) days after the service of the initial petition or complaint upon the County, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative parcel map. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and, upon the conclusion of the hearing, the Board, within ten (10) days, shall declare its findings.

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66463.5 of the Subdivision Map Act.

The expiration of an approved or conditionally approved tentative parcel map shall terminate all proceedings, and no parcel map of all or any portion of the real property included within the tentative parcel map shall be filed with the County Surveyor pursuant to Section 10-4.502.6 of this article without first processing a new tentative parcel map. Once a timely filing is made with the County Surveyor, subsequent actions by the County, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative parcel map.

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

Tentative parcel maps may be extended in accordance with Section 10-4.401.8.2 of Article 4 of this chapter.

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

Amendments to tentative parcel maps or conditions of approval may be approved by the Planning Department upon an application by the subdivides or on its own initiative provided:

(a)

No lots or units are added;

(b)

Such changes are consistent with the intent of the original tentative parcel map approval; and

(c)

There are no resulting violations of this Code.

Any revision shall be approved by the Planning Director, Director of Public Works, and County Health Officer. The revision shall be denoted on the approved tentative parcel map and/or in writing to the subdivider, whichever is appropriate.

Any amendment shall not affect the expiration date of the approved tentative parcel map.

The Planning Director, Director of Public Works, or County Health Officer may require a new tentative parcel map application in lieu of the procedure set forth in this section when, in their opinion, requested changes are substantial enough to warrant refiling and reprocessing.

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

(a)

An accurate and complete field survey of the land to be subdivided shall be made in conformance with the Land Surveyor's Act, except as provided in subsection (f) of this section. All monuments, property lines, streets, roads, alleys, and easements adjoining or within the subdivision shall be tied into the survey.

(b)

Standard County monuments as described in the County Land Development Manual shall be set at the following locations:

(1)

All lot corners and angle points; and

(2)

All angle points on the subdivision boundary. This shall not require the remonumentation of an existing survey monument.

(c)

For those parcel maps of five (S) parcels or more, standard County monuments as described in the County Land Development Manual shall also be set on the center lines of all streets at the following locations:

(1)

The beginning and ending of curves;

(2)

Road intersections; and

(3)

The radius point of the cul-de-sacs.

(d)

All angle points on the subdivision boundary shall be monumented before the map is recorded.

(e)

The County Surveyor may authorize alternate monument locations and delete monuments if conditions warrant.

(f)

Parcel maps, or portions thereof, may be compiled when:

(1)

Survey monuments comprising the boundary of the parcels to be created are already existing; and

(2)

Such monuments are shown on a map recorded in the County Recorder's office; and

(3)

Such recorded map contains sufficient survey information to accurately determine the boundary dimensions of the parcels to be created.

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

Closure/calculation sheets shall be submitted to the County Surveyor as required by Section 10-4.402.2 of Article 4 of this chapter.

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

The form and contents of the parcel map shall comply with the provisions of Section 10-4.402.3 of Article 4 of this chapter and Article 3 of Chapter 2 of the Subdivision Map Act.

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

The subdivider shall submit prints of the parcel map to the County Surveyor for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports, and documents as required for final maps by Section 10-4.402.4.1 of Article 4 of this chapter, "Preliminary submittal", and required fees.

The Director of Public Works may waive any of the requirements if the location and nature of the proposed subdivision does not need compliance with the requirements of Section 10-4.402.4.1 of Article 4 of this chapter.

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

The County Surveyor shall review the parcel map, and the subdivider's engineer or surveyor shall make corrections and/or additions until the map is acceptable to the County Surveyor.

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

The subdivider's engineer or surveyor shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the County Surveyor. If the County Surveyor determines that the parcel map is in final form, including all necessary signatures, and the tentative parcel map approval has not expired as of the date of submittal to the County Surveyor, the County Surveyor shall deem the map filed for processing purposes.

The County Surveyor shall charge a fee of Two Hundred ($200.00) Dollars per hour plus Forty ($40.00) Dollars per hour for reviews/approvals that exceed five (5) hours.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § I, Ord. 87-17, eff. July 23, 1987, and § III, Ord. 04-16, eff. December 14, 2004)

The County Surveyor or authorized agent shall transmit the approved parcel map directly to the County Recorder.

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

The Planning Commission may waive the parcel map for the following:

(a)

A division of property resulting from the conveyance of land or interest to or from the County, public entity, or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, and the like; or

(b)

Upon making a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, local laws, and the Subdivision Map Act.

Survey monuments comprising the boundary of the parcel to be divided as existing in the ground and are shown on a map or maps recorded in the office of the County Recorder, and that the boundaries of the parcels to be created can be accurately determined from the survey information on such maps or from public roads, railroads, or streams, and such map or maps contain sufficient survey information to accurately determine the dimensions of the parcels to be created.

Upon waiving the parcel map requirement, the Planning Director shall cause to be filed with the County Recorder a legal description of the land to be divided.

A waiver of a parcel map by the Planning Commission may be conditioned to provide for the payment of drainage and other fees by a method approved by the Planning Commission.

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

The subdivider shall file a taxes and assessment certificate in accordance with Article 8 of Chapter 4 of the Subdivision Map Act.

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