Chapter 16.08 — DEFINITIONS

A.

All words and phrases used in this title which are defined in Division 2, Title 7 of the Government Code commencing with Section 66410, shall have the same meaning as ascribed thereto unless defined otherwise in this title.

B.

Wherever reference is made to this title in these definitions, such reference shall include the land division standards.

(Ord. 714 §2(part), 1975)

A.

The Tehama County Technical Advisory Agency, which is also referred to herein as the "committee," shall constitute the "advisory agency" for minor subdivisions requiring a tentative map and a final parcel map, and "Tier 2" certificates of compliance issued pursuant to Chapter 16.31. The Tehama County planning commission which is also referred to in this title as the "planning commission" shall constitute the "advisory agency" for subdivisions requiring a tentative map and a final map or a tentative map and a parcel map, and appeals of decisions related to "Tier 1" and "Tier 2" certificates of compliance issued pursuant to Chapter 16.31. They are hereby charged by this section with the duty of making investigations and reports on the design and improvement of all proposed subdivisions and have authority to impose requirements and conditions upon such division of land, and to approve, conditionally approve or disapprove such map and land division, and shall have such powers and duties with respect to such subdivisions and the procedures relating thereto, as are specified by law.

B.

For "Tier 1" certificates of compliance issued pursuant to Chapter 16.31, and for purposes of making investigations and reports on the design and improvement of all proposed divisions of real property, "advisory agency" shall also mean the Tehama County director of planning.

(Ord. 714 §2(part), 1975)

(Ord. No. 2039, § 2, 3, 4-18-2017)

"Appeal board" shall be the planning commission and it shall hear and make determinations upon appeals from actions of the technical advisory committee. It shall be the board of supervisors of the county, which is also referred to herein as the "board of supervisors," and it shall hear and make determinations upon appeals from actions of the planning commission with respect to the provisions of this title.

(Ord. 714 §2(part), 1975)

16.08.040 - Authorized representative.

"Authorized representative" shall be a qualified person who is authorized by a county official defined in this title to act in the place of such official with respect to the operation or administration of this title.

(Ord. 714 §2(part), 1975)

16.08.050 - County engineer.

"County engineer" shall be the person so designated by the board.

(Ord. 714 §2(part), 1975)

16.08.060 - County health officer.

"County health officer" shall be the person so designated by the board.

(Ord. 714 §2(part), 1975)

16.08.070 - County surveyor.

"County surveyor" shall be the person so designated by the board.

(Ord. 714 §2(part), 1975)

16.08.080 - Final map.

"Final map" shall be a fully engineered map prepared in accordance with the conditions of approval of a tentative subdivision map and in acceptable form for processing and recording, as provided herein.

(Ord. 714 §2(part), 1975)

16.08.090 - General plan.

"General plan" shall mean any element thereof as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the state.

(Ord. 714 §2 (part), 1975)

16.08.100 - Land division standards.

"Land division standards" shall mean a set of of detailed standards, specifications, drawings and schedules, which shall be adopted by resolution of the board to set forth the regulations, standards and specifications for land development improvements; the type and nature of investigations, tests and reports; schedules for fees to be charged and such other matters as the board finds to be necessary to properly supplement the provisions of this title in the processing of land divisions and the improvements thereof.

(Ord. 714 §2 (part), 1975)

As used in this title, "lease" shall not include:

A.

The leasing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building, or a trailer park for which a use permit has been issued under the county zoning code; or

B.

Mineral, oil or gas leases; or

C.

The leasing and actual exclusive use of land parcels for the full lease term period of commercial agricultural production purposes.

(Ord. 714 §2(part), 1975)

16.08.120 - Map Act.

"Map Act" shall mean the Subdivision Map Act of the state, as amended.

(Ord. 714 §2(part), 1975)

16.08.130 - Owner.

"Owner" shall mean any individual, firm, association, syndicate, copartnership, trust or any other legal entity having a proprietory interest in the land sought to be subdivided, divided or otherwise utilized, who commences and maintains proceedings to utilize the same under the provisions of this title.

(Ord. 714 §2(part), 1975)

16.08.140 - Parcel map.

"Parcel map" shall mean a map prepared from existing and/or field engineering data, in accordance with the conditions of approval of a tentative parcel map, and in acceptable form for processing and filing for record, as provided in this title.

(Ord. 714 §2(part), 1975)

16.08.150 - Planning director.

"Planning director" shall be the director of the planning commission designated by the board to fulfill the duties of the planning director of the county as prescribed in this title.

(Ord. 714 §2 (part), 1975)

16.08.160 - Preliminary map.

"Preliminary map" shall mean a map prepared from existing records in sufficient detail to show clearly the development plan proposed for the total land area which is to be developed in one or more units.

(Ord. 714 §2(part), 1975)

16.08.170 - Record of survey map.

"Record of survey map" shall mean a map prepared in accordance with provisions of the Land Surveyors' Act to delineate land boundaries or property lines.

(Ord. 714 §2(part), 1975)

16.08.180 - Reversion to acreage map.

"Reversion to acreage map" shall mean a map prepared in accordance with provisions of the state law for purposes of reverting previously divided parcels to acreage, and as otherwise provided in this title.

(Ord. 714 §2(part), 1975)

16.08.190 - Road commissioner.

"Road commissioner" shall be a person so designated by the board.

(Ord. 714 §2(part), 1975)

16.08.200 - Specific plan.

"Specific plan" shall mean any unit thereof as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the state.

(Ord. 714 §2(part), 1975)

16.08.210 - Subdivider.

"Subdivider" shall mean an individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings to effect a subdivision or other division or utilization of land which is subject to the provisions of this title.

(Ord. 714 §2(part), 1975)

16.08.220 - Subdivision.

A.

"Subdivision" shall mean the division into lots, parcels or entities of usage of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units of real property, or portion thereof which is divided, assigned or allocated by any method, by any subdivider for any purposes, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rightsofway. "Subdivision" shall include a condominium project, as defined in Section 1350 of the Civil Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a

division of land for purposes of computing the number of parcels. "Subdivision" shall not include any land dedicated for cemetery purposes under the Health and Safety Code of the state.

B.

"Subdivision requiring a tentative map and a final parcel map" shall be any division of any real property, improved or unimproved, or a portion thereof which is divided for the purpose of sale, lease, financing or utilization, whether immediate or future into five or more parcels, and in which the advisory agency finds in its consideration of the tentative map that the proposed division conforms to adopted plans, standards and provisions of law, and that one of the following set of conditions prevails:

1.

A whole parcel before division contains less than five acres, each parcel created by the division abuts upon a public street or highway, and no dedications or improvement are required by the advisory agency;

2.

The division consists of parcels each of a gross area of twenty acres or more, and each of which has an access to a maintained public street or highway, which access is approved by the advisory agency;

3.

The parcel or parcels of land included in the tentative map have access to a public street or highway, they comprise part of a tract of land zoned for industrial development, and the map receives approval of the advisory agency as to access, street alignment and widths and other improvements;

4.

The division consists of parcels each of gross area of not less than forty acres, or not less than a quarter of a quarter section. Parcel maps shall not be required for parcels that are already delineated on a subdivision map or record of survey map. Parcels that are described by boundaries that coincide with government section lines including quarter section lines shall be deemed to be shown on a subdivision map.

C.

"Minor subdivision requiring a tentative map and parcel map" shall mean any land division into fewer than five parcels shall require a tentative map and a final parcel map. Parcel maps shall not be required for parcels that are already delineated on a subdivision map or record of survey map.

(Ord. 1161 §§1(part), 3, 4, 1981; Ord. 714 §2 (part), 1975)

16.08.230 - Technical advisory committee.

"Technical advisory committee" shall be the planning director, the county engineer, the building official, the county health officer and the chief of the Tehama Rural Fire Department, or their authorized representatives and "committee" shall mean technical advisory committee. This committee may be expanded by order of the board to include representatives of other county departments.

(Ord. 714 §2(part), 1975)

16.08.240 - Tentative map.

"Tentative map" shall mean a map prepared from existing and field data in sufficient detail to meet the requirements for filing as prescribed herein, and to constitute an adequate basis for the preparation of a final map.

(Ord. 714 §2(part), 1975)

Chapter 16.12 - GENERAL PROVISIONS

Sections:

ARTICLE I. - GENERAL

16.12.010 - Divisions of land must comply.

All divisions of land which are subject to the provisions of this title shall conform to the general plan, specific plans, and to adopted standards and provisions of law which are pertinent or applicable to such divisions.

(Ord. 714 §1(part), 1975)

16.12.020 - Advisory agency action on tentative maps.

Advisory agency action on tentative maps shall be final except in cases where the board modifies or revises such action upon its own initiative or by its action on a properly filed appeal.

(Ord. 714 §1(part), 1975)