Chapter 16.16 — PROCEDURE FOR SUBDIVISIONS REQUIRING A TENTATIVE MAP AND A FINAL MA

The procedures set out in this chapter shall be followed for subdivisions requiring a tentative map and a final map.

(Ord. 714 §1(part), 1975)

16.16.020 - Form and content.

A.

A preliminary map shall be prepared for the total area of the proposed subdivision, except that the committee may waive this requirement for subdivisions of less than eighty acres and/or those to be developed and recorded in one unit.

B.

Such proposed division shall first be discussed with the technical advisory committee, and the dimensions scale and content of the preliminary map shall be as specified by said committee to show to approximate scale and in reasonable detail the following:

1.

Street and lot pattern, uses proposed;

2.

Topography and drainage, watercourses, water features, areas subject to inundation or flooding;

3.

Geology, soil types, vegetation;

4.

Proposed water supply, sewerage, fire protection;

5.

Proposed street sections and improvements;

6.

Other features required by said committee to adequately represent a comprehensive total development master plan.

(Ord. 714 §1(part), 1975)

A preliminary map, when in form acceptable to the technical advisory committee, shall be submitted to the committee for action, and within fifteen days thereafter said committee shall meet to consider the map. Within twentyone days thereafter the committee shall prepare a report on the map and transmit copies to the subdivider and the planning commission.

(Ord. 714 §1(part), 1975)

16.16.040 - Processing-Consideration by planning commission.

At the meeting following receipt of the report, the planning commission shall consider the map and enter into the minutes its comments and suggestions with respect thereto, which action shall constitute guidance for the subdivider in the preparation of a tentative map. If the preliminary map is acceptable, the planning commission shall then authorize the preparation of the tentative map.

(Ord. 714 §1(part), 1975)

16.16.050 - Processing-Acceptance of preliminary as tentative map or tentative map as preliminary.

The technical advisory committee, subject to all other provisions thereof, may accept a tentative map as a preliminary map, or a preliminary map as a tentative map.

(Ord. 714 §1(part), 1975)

ARTICLE II. - TENTATIVE MAP

Tentative maps shall be either eighteen inches by twentysix inches or twentyfour inches by thirtysix inches in size and to a scale of not less than one inch equals one hundred feet, unless otherwise approved by the technical advisory committee if an alternate size or scale will permit presentation of map data of acceptable completeness and clarity.

(Ord. 714 §1(part), 1975)

16.16.070 - Form and content-Information required.

The following information shall be shown on each tentative map, except for any such information which the committee determines is not necessary to be shown on any particular tentative map:

A.

A site location sketch indicating the location of the property to be divided in relation to the surrounding area or region;

B.

A tract number issued by the county planning department, date, north arrow, scale and sufficient description to define the location and boundaries of the proposed tract;

C.

Name and address of record owner or owners of the property to be divided, and their signed statement of consent to the preparation of the map;

D.

Name and address of the subdivider;

E.

Name, business address and number of the registered civil engineer or licensed surveyor, who prepared the map;

F.

The locations, names or other approved identification, widths, approximate grade and curve radii of all roads, streets, highways, and ways within the property and along the boundaries thereof;

G.

The existing topography of the land proposed to be divided using contour intervals of not more than five feet and of not more than two feet where the grade of the land is less then five percent. Contours of adjacent land shall also be shown whenever the surface features of such land affect the design and/or improvement of the proposed division. The tentative map shall contain a statement by the person preparing the map stating the source of contours shown on the map;

H.

The location, characteristics and identification of all existing and proposed public utility facilities on the property or on adjoining properties and on contiguous highways and roads and approximate widths, location and identification of all existing or proposed easements, and proposed building setback lines;

I.

Approximate lot layout and approximate dimensions of each lot; each lot shall be numbered and each parcel lettered;

J.

Preliminary cut and fill slope areas;

K.

The outline of any existing buildings, identification of those to remain in place and their locations in relation to existing or proposed streets, lot lines and building setback lines;

L.

Approximate location and species of trees or groups of trees on the property, and general identification of those to be removed;

M.

Approximate location of existing and proposed water control features and bodies of water, all areas which are subject to inundation or stormwater overflow and the location, width, and direction of flow of all watercourses;

N.

Approximate locations of existing wells, springs and sewage disposal systems, and of test wells, percolation test holes and staked or flagged reference points for use by appropriate public agencies for field check purposes;

O.

The location, identification and description of known or found survey monuments on or adjacent to the sites.

(Ord. 714 §1(part), 1975)

The following statements shall either appear on the tentative map or shall be submitted in written form with the map, except for any such items which the committee determines are not necessary to be filed with any particular tentative map:

A.

Existing use or uses of the property;

B.

Proposed use of the property; if the property is proposed to be used for more than one purpose, the area, lots or lot proposed for each type of use shall be described in a statement and shown on the tentative map;

C.

Descriptive information on the following:

1.

Proposed drainage channel changes and floodcontrol measures,

2.

Proposed domestic water supply and sewage disposal systems,

3.

Proposed street, surface drainage, grading, fire protection and other improvements and estimated construction time schedule,

4.

Proposed utility service for electrical, gas and communication systems, including the name and address of serving utility company or agency.

(Ord. 714 §1(part), 1975)

The following documents shall be submitted with each tentative map, except for any of such items which the committee determines are not necessary to be filed with any particular tentative map:

A.

A copy of any condition or any restrictive reservations or covenants, existing or proposed;

B.

A letter setting forth and describing the reasons for any requested exceptions to provisions of this title and for any requested rezoning, use permit or zoning variance which may be necessary to permit proposed uses of land and structures;

C.

Either a statement by a registered civil engineer as to the feasibility of the proposed land development in relation to the geologic and soil characteristics, or a preliminary geologic and soil report based upon adequate test borings or excavations;

D.

The county engineer may, on the basis of such statement or preliminary geologic and soil report, require a soil investigation of any or all lots or he may, on the basis of such statement waive the requirement for a preliminary geologic and soil report and/or soil investigation when, based on a knowledge of the quality of soils on the site, he determines that no such report or investigation is necessary.

(Ord. 714 §1(part), 1975)

16.16.100 - Filing and processing-Submission of copies and required documents and fee.

Fifteen prints and one reproducible copy of the tentative map of the proposed subdivision and of the subdivider's statement shall be submitted to the planning director together with required documents and filing fee, at least fifty days prior to the date of the advisory agency meeting at which action thereon is desired.

(Ord. 714 §1(part), 1975)

16.16.110 - Filing and processing-Planning director transmittal to officials.

Upon the submittal of such a tentative map and accompanying documents, the planning director shall either direct the transmittal of, or shall transmit copies of the map and related documents to the county health department, the county engineer, county fire official and county building official, and to all such governmental, public utility and other agencies, as he determines do or may have an interest therein.

(Ord. 714 §1(part), 1975)

16.16.120 - Filing and processing-Determination by officials as to conformity with laws-Reports.

Each department, official or agency receiving such a tentative map and related documents shall, within ten days of receipt, report in writing through the committee to the advisory agency stating whether or not the

map and documents are in conformity with the standards and regulations of this title and other applicable provisions of law and with the standards and requirements of any such agency, or what measures will be necessary to accomplish such conformity. A copy of each such written report shall be mailed or otherwise delivered to the subdivider at least three days prior to advisory agency action on the tentative map.

(Ord. 714 §1(part), 1975)

Upon submittal of a tentative map, the planning director shall review the map and the statements and documents submitted with it and within ten days shall call a meeting of the technical advisory committee to discuss the proposed subdivision with the subdivider and to indicate any actions necessary to make the map acceptable for filing, or to accept the map as being officially filed.

(Ord. 714 §1(part), 1975)

A tentative map shall be considered officially filed, and shall be so endorsed and dated, at such time as the map and all related notations, statements and reports required by this title have been submitted to, processed, and found to be in complete and proper form by the committee, and all required fees have been paid.

(Ord. 714 §1(part), 1975)

16.16.150 - Filing and processing-Technical advisory committee action.

Within twentyone days from the date of official filing of a tentative map, the technical advisory committee shall prepare a report thereon the planning director shall place the item for consideration of the map on the agenda of the next advisory agency meeting.

(Ord. 714 §1 (part), 1975)

A.

The advisory agency shall consider each tentative map and accompanying statements and documents, and the technical advisory committee report and related department and agency reports, to determine whether the map is in conformity with the provisions of law and this title, with adopted general plan and specific plan standards and proposals, and with good planning and engineering practice.

B.

The advisory agency shall also consider such measures as will promote and protect the public health, safety, comfort, convenience and general welfare, and the natural scenic values and other assets of the county and conditions making for excellence of residential, commercial, industrial, recreational and other developments.

C.

The advisory agency may require that sites necessary for public purposes be provided or reserved, or that fees for such purposes be paid, as follows:

1.

Parks, recreation sites: one acre per one hundred lots or a fee per lot, as specified in land division standards, when in conformity with provisions of state law;

2.

Schools, public elementary and secondary, as provided by state law;

3.

Water, sewer, solid waste disposal and drainage facility sites and easements, as required to properly serve individual subdivisions, and to conform to area plans;

4.

Public sites for fire stations, libraries and other public uses and services, as may be negotiated by public agencies and the subdivider;

D.

The advisory agency may require a waiver of direct access to any existing or proposed street or highway;

E.

The advisory agency shall deny approval of a tentative map if it makes any of the following findings:

1.

The only practical use of the property included on the map is use prohibited by law, or that the tentative map or the subdivision plan proposed is not in conformity with this title, the Subdivision Map Act or other applicable provisions of law,

2.

That the proposed map is not consistent with applicable general and specific plans,

3.

That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans,

4.

That the site is not physically suitable for the type of development,

5.

That the site is not physically suitable for the proposed density of development,

6.

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat,

7.

That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

8.

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.

(Ord. 714 §1(part), 1975)

A.

Within fifty days of the date on which a tentative map is officially filed and dated in the office of the planning director, and unless said time limit has been extended by mutual consent of the subdivider and the advisory agency, the agency shall, upon the basis of considerations and findings as set forth herein, either approve, conditionally approve, or disapprove such tentative map. Such action shall be reported in writing to the subdivider and the board.

B.

Such action by the advisory agency shall be final unless, within fifteen days of such action:

1.

A written appeal therefrom is filed pursuant to Chapter 16.36; and

2.

The board of supervisors revokes or revises such action, in which case the action by the board shall be final.

(Ord. 714 §1(part), 1975)

Following approval of a tentative map, the subdivider shall proceed to fulfill all conditions to such approval, and shall cause to be prepared and submitted to the county engineer and Department of Public Health the plans, specifications and other information related to subdivision improvements in accordance with the land division standards of the county.

(Ord. 714 §1 (part), 1975)

No work on any permanent structure, or on any subdivision improvements on any subdivision site shall be commenced without the approval and authorization of the county engineer and/or the Department of Public Health, and no work on the site which is in conflict with the approved tentative map plan shall be permitted.

(Ord. 714 §1(part), 1975)

ARTICLE IV. - FINAL MAP

16.16.200 - Submittal.

A.

The approval or conditional approval of a tentative subdivision map shall expire twentyfour months after its approval or conditional approval by the advisory agency. An extension to the expiration date may be approved as provided in subsections D through G of this section.

B.

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 Section 66452.6 of the Subdivision Map Act; providing, however that the length of the moratorium does not exceed five years. Upon termination of the moratorium, maps shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed unless that time is less than one hundred twenty days. In that event, the map shall be valid for one hundred twenty days following termination.

C.

The period of time specified in 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 map if a stay of time period is approved by the advisory agency. Within ten days of the service of the initial petition or complaint upon the county, the subdivider, if he wishes to take advantage of this provision, shall apply in writing to the planning department requesting a stay in the time period of the tentative map. Within forty days after receiving the request the advisory agency shall either stay the time period for up to five years or deny the requested stay. The request for a stay shall be subject to a hearing with notice to the subdivider and to the appellant. Within ten days of the conclusion of the hearing the advisory agency shall declare its findings.

D.

The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the planning department. The application shall be filed not less than fortyfive days before the map is to expire and shall state the reasons for requesting the extension.

E.

The approved extension periods shall not exceed twelve months each and in no event shall there be an approval of more than two extensions. The approved new expiration date shall not extend more than four years beyond the date of approval of the advisory agency approving or conditionally approving the tentative map.

F.

Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

G.

The subdivider may appeal any action of the advisory agency on the extension in conformance with Chapter 16.36.

H.

At least twenty days prior to the date of the meeting of the board of supervisors at which approval of the final map is desired, the subdivider shall submit to the county surveyor, in complete and dependable form, the following:

1.

Three legible prints of the final map;

2.

Subdivision improvement plans, and plan, map and field checking fees, as provided in the land division standards;

3.

Traverse sheets showing closures and computation of all distances, angles, and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions, street corners, and highway stations. The traverse of the exterior boundaries of the tract and of lots and blocks shall close within the limits of closure outlined in the land division standards;

4.

Map filing report, as required by state law; such report shall be issued for the benefit and protection of the county surveyor and county recorder and shall be issued by a title company;

5.

An instrument restricting vehicular traffic over the side lines of any road or highway, when and if the same is required;

6.

A geologic and soil report or a soil investigation report by a soils engineer in the form prescribed by the county engineer unless this requirement is waived in writing by the county engineer;

7.

Improvement bonds, subdivision agreements and such other documents as are required by this title and the land division standards;

8.

A preliminary title report.

(Ord. 1231 §2, 1983; Ord. 714 §1(part), 1975)

The final map shall conform to all of the following provisions:

A.

It shall be clearly and legibly drawn in black waterproof India ink upon good tracing cloth or other material approved by the county recorder, and shall include certificates as required by the Subdivision Map Act and this title.

B.

The size of each sheet shall be eighteen inches by twentysix inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The particular number of the sheet and the total number of sheets comprising the map, the tract number, title, or other designation shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. The tract designation, all drawings, affidavits, acknowledgements, endorsements, offers and acceptances of dedication, and notarial seals shall be within said marginal lines. The first sheet of the map shall contain all affidavits, acknowledgements, endorsements, offers and acceptances of dedication and notarial certificates, and no signed certificates shall appear on any other sheet of the map, nor shall any portion of the map appear on the sheet containing the certificates. The scale of the final map should be one inch equals one hundred feet or one inch equals fifty feet, unless otherwise permitted by the county surveyor, but in any case the map shall show clearly all the details of the subdivision.

C.

The title sheet of the final map shall contain the tract number and designation and such descriptive matter as may be necessary. Below the tract designation shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States Survey. Reference to tracts and subdivisions in the description must be worded identically with original records and references to book, and page of record must be complete. The basis of bearing for the survey shall be clearly noted.

D.

The final map shall particularly define and designate all lots or parcels, including those reserved for private purposes, all parcels offered for dedication for any purpose, with all dimensions, boundaries, and courses clearly shown and defined in every case. No ditto marks shall be used. Parcels offered for dedication but not accepted shall be designated by letter, and private streets offered but not accepted for dedication shall be identified as "private street."

E.

The map shall show clearly what stakes, monuments, or other evidences were found on the ground to determine the boundaries of the tract. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, tract designation, and place of record, or by section, township, and range, or other proper designation.

F.

The map shall show all information, data, and monuments necessary to locate and retrace any and all exterior boundary lines and lot lines. It shall also show bearings and distances of straight lines and radii, central angle and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves, bearings and tangent distances and radii, central angle, and arc lengths of

all lots. Where streets intersect on curves, centerline lengths, radii and deltas, and centerline intersection points shall be shown. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. He shall also set such additional monuments as may be required by the Land Division Standards. The exterior boundary of the land being subdivided shall be monumented before the map is recorded. Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the legislative body security guaranteeing the payment of the cost of setting such monuments.

G.

Wherever the county surveyor has established the center of a street or alley, the data shall be shown on the final map, indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the fact shall be stated.

H.

The map shall show the line of extreme high water in case the subdivision is adjacent to a stream, channel, or subject to periodic inundation by water.

I.

The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.

J.

Block designations shall not be used, and lots shall be numbered consecutively throughout the subdivision, with no omissions or duplications.

K.

The total width of all road rightsofway shall be shown, as well as the widths of rightsofway for flood control or drainage channels, and any other rightsofway.

L.

The map shall show all easements of record and easements to be recorded. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers, public utilities and other purposes shall be clearly defined. Distances and bearings on the side lines of lots which are cut by an easement must be so shown that the map will indicate clearly the actual length of the lot lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown.

M.

In order to avoid duplication, names to be used for new streets shall be subject to the approval of the county planning department. If any designations be numbers, they shall be spelled out completely, using hyphens in such forms as "Twentythird Street." The word "Avenue," "Boulevard," "Place," etc. shall be spelled out in full. Names of newly dedicated portions of streets shall be shown in or arrowed to the dedicated portion.

(Ord. 961 §1, 1979; Ord. 947 §1, 1979; Ord. 714 §1(part), 1975)

16.16.215 - Additional survey and map information.

A.

As deemed necessary by the advisory agency, additional information may be required to be filed or recorded simultaneously with the final map.

B.

The additional information shall be in the form of a separate document or separate sheet, which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

C.

Additional survey and map information may include but need not be limited to sewage disposal sites, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites.

(Ord. 1409 (part), 1988)

A.

When the county surveyor finds that all requirements for submittal of a final map have been complied with, he shall date and sign his file copy to that effect and notify the subdivider and/or his engineer and the technical advisory committee that the map has been filed. Within ten days of the date of filing the committee may meet to review the map and submit comments thereon to the county surveyor.

B.

Within twenty days of the date of filing, and when the map is complete and in order, the county surveyor shall sign the county surveyor's certificate on the original tracing thereof and submit it, and all related bond and agreement forms and other documents, to the board of supervisors for action.

C.

The board of supervisors shall, within a period of ten days after the filing of the final map for approval or at its next regular meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of this title and the Subdivision Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder or, if it does not conform, disapprove the map.

D.

If the subdivision lies entirely within the territory of a city, the map shall be filed with the city. If entirely within unincorporated territory, the map shall be filed with the county; and if partially within two or more of such territories, the map shall be filed with each and in the latter case each shall act thereon as provided in this title.

E.

Following approval of the map and related documents by the board, the county surveyor shall submit the map to the county recorder for recording.

(Ord. 714 §1(part), 1975)

Chapter 16.20 - PROCEDURE FOR SUBDIVISIONS REQUIRING A TENTATIVE MAP AND A FINAL PARCEL MAP

Sections: