Trinity County Municipal Code Title 16 Subdivision

"Public waterway" means any of the following watercourses:

A. Trinity River below Lewiston Dam;

B. North Fork of the Trinity;

C. New River;

D. South Fork of the Trinity;

E. Main trunk of the Eel River;

F. North Fork of the Eel River up to Shannon Butte;

G. Middle Fork of the Eel River;

H. Mad River up to Ruth Reservoir;

I. Trinity Lake;

J. Lewiston Lake;

K. Ruth Reservoir;

L. Ewing Reservoir

(Ord. 1080 §1(part), 1986)

"Quarter-quarter division" means a subdivision where every parcel created by the subdivision has a gross area of forty or more acres or is a quarter-quarter section or larger.

(Ord. 1080 §1(part), 1986)

"Reasonable public access" means access by highway, foot trail, bike trail, horse trail, or other means to or along a river or stream or reservoir. In determining what is "reasonable" access, the planning commission and board of supervisors are required by the Subdivision Map Act to consider: (A) the size of the subdivision, (B) the type of riverbank and the various appropriate recreational, educational, and scientific uses possible there, (C) the likelihood of trespass on private property and reasonable means of avoiding such trespass, and (D) public safety and other such information as set forth in the State Map Act.

(Ord. 1080 §1(part), 1986)

"Reasonable public access easements" means such easements as defined in the State Map Act. Such easements also pertain to rivers, streams, and reservoirs. When read in context, "access" is used to describe a route from a road to a riverbank in or on the border of a subdivision (para. 66478.4). This route need not cross the subdivision (para. 66478.8). "Easement," as used in paragraph 66478.5, is a right to use part of that same riverbank for recreational, educational, and scientific pursuits. The right to use the bank and the right to a usable route to get there are distinguishable rights.

(Ord. 1080 §1(part), 1986)

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

(Ord. 1080 §1-(part), 1986)

"Subdivision" means the division, by any subdivider, of any improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this chapter, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

(Ord. 1080 §1(part), 1986)

"Subdivision improvement standards" refers to the county 1 s subdi-vision improvement standards as adopted by the board of supervisors. (Ord. 1080 §1(part), 1986)

"Subdivision Map Act" refers to Division 2, commencing with Section 66410, of Title 7 of the Government Code of the state and all amendments thereto.

(Ord. 1080 §1(part), 1986)

"Vesting tentative map" means a tentative map for a residential subdivision that has printed conspicuously on its face the words "vesting tentative map" at the time it is applied for in accordance with Chapter 16.12 (Tentative Map), and is thereafter processed in accordance with the provisions in Chapter 16.16 (Parcel Map), or Section 16.24 (Final Map), unless otherwise specified. When a vesting tentative map is approved, the rules and regulations in effect on the date of approval will apply to the development of the project at the time of project development except as otherwise specified in this title.

(Ord. 1080 §1(part), 1986)

"Flag lot" means an existing or proposed lot which is designed in such a way that a portion of the lot is twenty-five percent or less in width than the average side lot line extends to the nearest access point or water supply. This definition is not intended to apply to large acreage lots (quarter-quarter size).

(Ord. 1080 §1 (part), 1986)

Within twenty-four months of the date of approval or conditional approval of the tentative map, the subdivider shall cause the proposed subdivision or authorized unit or phase thereof, to be surveyed and a final map to be prepared and recorded in accordance with the provisions of this chapter and the Subdivision Map Act.

(Ord. 1080 §1(part), 1986)

A final map shall not be required for subdivisions for which a parcel map has been filed in accordance with Chapter 16.16 (Parcel Map) of this Ordinance.

(Ord. 1080 §1(part), 1986)

Failure to record a final map within twenty-four months of the date of approval or conditional approval of a tentative map shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be filed in accordance with Chapter 16.12.

(Ord. 1080 §1(part), 1986)

The board of supervisors may grant one extension of time up to but not exceeding twelve months beyond the twenty-four months allowed for recording a final map. Requests for time extensions shall be made in writing to the Board not less than thirty days prior to the expiration, of the twenty-four months allowed. Time extensions may be granted subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with requirements in effect at the time such extension is considered by the board. Requests for time extensions shall be accompanied by a non-refundable Processing fee, as established in the county fee resolution, for each tentative map.

(Ord. 1080 §1(part), 1986)

A. The final map shall be prepared by or under the direction of a registered civil engineer authorized to perform surveying, or licensed land surveyor, and shall be based upon field survey.

B. Whenever California Coordinate System is established within one mile of the proposed subdivision, then the county Surveyor may require the survey to be tied into that system.

C. The following are acceptable bases of bearings:

1. Recorded maps;

2. Astronomical observation;

3. California Coordinate System.

4. Government Records approved by the county Surveyor.

D. All surveys shall have a minimum accuracy of 1:5000.

E. Monuments:

1. All monuments shall be of a permanent type. The following are approved as permanent:

a. Concrete monument with brass cap;

b. Three-fourths inch diameter or larger pipe with tag permanently attached.

c. Minimum of one-half inch diameter steel bar with metal or plastic cap.

d. "T" bar with tag permanently attached.

2. Sufficient durable monuments shall be set to conform with Section 8771 of the Business and Profession Code. Monuments shall be set at angle and curve points on the exterior boundaries of the subdivision. Monuments shall be set at the beginning and end of curve on right-of-way lines. All lot corners shall be monumented.

3. Permanent elevation bench marks referring to an U.S.G.S. datum may be required to be set at each street intersection in the curb return or other location approved by the county Surveyor, said bench marks to be noted on the final map.

4. Any monument or bench mark, as required by these specifications, that is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider.

5. The exterior boundary of the land being subdivided shall be monumented prior to recording of the final map. Interior monuments need not be set before recording of the map 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 the county a bond guaranteeing the payment of the costs of setting such monuments.

6. Within five days after final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider and to the county surveyor.

(Ord. 1080 §1(part), 1986)

A. The map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

B. The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. Minimum scale shall be one inch equals one hundred feet, unless a smaller scale is approved by the county Surveyor. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and an index map showing the relation of each sheet shall be included.

C. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. Dimensions of lots shall be given as total dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. No ditto marks shall be used. Acreage of all lots shall be shown to the nearest hundredth.

D. The map shall show clearly what stakes, monuments or other evidence were found on the ground to determine the boundaries of the subdivision. The adjacent corners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision name and place of record, or other proper designation.

E. The map shall contain a title consisting of the commercial name, if any, and a subtitle or general description of all the property being subdivided with reference to maps which have been previously recorded or by reference to the plat of a United States Survey. In no case shall the title be the same (or so nearly the same as to cause confusion) as a name of any existing city, town tract or subdivision of land of which a map has been previously recorded.

F. Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named.

G. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

H. When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.

I. The line of high water shall be shown in any case where the subdivision is adjacent to a stream, channel, or any body of water. This line can also be the sanitary setback line.

J. The boundaries of any areas within the proposed subdivision which are subject to overflow, inundation or flood hazard shall be shown. A 100-year storm shall be used for determining areas.

K. The map shall show the side lines of all easements to which the lots are subject. The easements must be clearly labeled by solid capital letters and identified; and if already of record, the record reference given. Easements for storm drain, sewers, and other purposes shall be denoted by fine dotted 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. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.

L. Boundary lines of all political subdivisions crossing or bounding the subdivision shall be clearly designated and referenced.

(Ord. 1080 §1(part), 1986)

A. Owner's Certificate:

We hereby certify that we are the owners of, or have some record title interest in and to, the real property included within the subdivision shown upon this map, and we consent to the making of said map and subdivision as shown within the border lines and hereby dedicate for public use all the _____ _____ _____ .*

*List those streets, easements, etc. shown on the final map, and indicate to which public entity the dedications are made.

B. Acknowledgments:

On this _____day of _______, 19___, before me ___________, a Notary Public in and for said county of Trinity, State of California, duly commissioned and sworn, personally appeared ___________ known to me to be the person(s) whose name(s)___________ subscribed to the within instrument and acknowledged to me that ___________ executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

SEAL

C. Road commissioner's certificate:

I,___________, Trinity County Road Commissioner, hereby certify that the design of all roads within the subdivision shown on the accompanying map comply with the requirements of the Subdivision Map Act, the Trinity County Subdivision Ordinance, the Subdivision Improvement Standards, and amendments thereto.

D. Tax Collector's Certificate:

I, ___________, Tax Collector of Trinity county, hereby certify that there are no liens for unpaid county or local taxes or special assessments against any land within the subdivision shown on the accompanying map, except taxes or special assessments not yet payable against said land, and that this certificate does not include any assessments of any assessment district, the bonds of which have not yet become a lien against said land.

E. County surveyor's certificate:

I, ___________, County Surveyor of Trinity county, hereby certify that I have examined this map, that all provisions of the Subdivision Map Act, as amended, and the Trinity county Subdivision Ordinance as amended, applicable at the time of the approval of said tentative map have been complied with, and that this map is technically correct.

F. Surveyor's certificate:

I, ___________, do hereby certify that this map correctly represents a survey made under my direction during _______, that the survey is true and complete as shown, and that the monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retraced.

G. Registered civil engineer's certificate:

I, ___________, a Registered Civil Engineer, have prepared a soils report, dated ___________, in compliance with the Trinity County Subdivision Improvement Standards.

H. Recorder's certificate:

Filed for record at the request of ___________ this _______ day of _______, _______ at _____m in book _______ of Maps and Surveys at page _______, Records of Trinity county, California.

Fee: _______

#___________

I. Board of supervisors' certificate:

I hereby certify that all security required by the Board of Supervisors of the county of Trinity for the subdivision shown on the accompanying map has been deposited, and that said Board approved said map on the _______ day of _______, 19___, and accepted on behalf of the public _____ _____

J. Planning director's certificate:

I hereby certify that I have examined this map, that the subdivision as shown on the map is substantially the same as it appeared on the tentative map as approved and conditioned by the Board of Supervisors on the _______day of _______, 19___, and that all provisions of the Trinity county Zoning 0rdinance, as amended, applicable at the time of the approval of said tentative map have been complied with.*

* The following line must be added if (1) the subdivision fronts on a lake owned entirely or in part by a public agency or on a public waterway and (2) reasonable access was not provided to such lake or waterway and (3) the Planning Commission made the finding that reasonable public access to such lake or waterway exists within a reasonable distance of the subdivision:

Additionally, I hereby certify that the Planning Commission has made a finding that there exist reasonable public access to public lakes and streams within a reasonable distance of the subdivision."

K. Health officer's certificate:

I,___________, Trinity County Health Officer, hereby certify that the methods of sewage disposal and of water supply proposed for the subdivision shown on this map comply with the Trinity county Subdivision Improvement Standards and with other applicable state laws and county ordinances.

(Ord. 1080 §1(part) 1986)

A non-refundable filing fee shall be paid in advance as set forth in the county Fee Resolution.

(Ord. 1080 §1(part) 1986)

After approval or conditional approval of the tentative map, the subdivider shall submit subdivision improvement plans to the county and State officers designated in the subdivision improvement standards. The officers shall require resubmission of the plans if they are inadequate or if the design of improvements do not conform to requirements of the subdivision improvement standards. Upon approval of the plans, each official shall transmit the plans and notice of his approval to the board of supervisors and shall sign the appropriate certificate on the final map.

(Ord. 1080 §1(part) 1986)

After approval or conditional approval of a tentative map, the subdivider shall submit a final map to the planning director. The planning director shall certify the final map if he finds that it substantially conforms to the tentative map and required alterations thereto, as represented to, and approved by the advisory agency or other duly authorized hearing body. If the final map does not substantially conform, then the planning director shall inform the subdivider of what changes must be made, and shall require resubmission of the final map.

(Ord. 1080 §1(part), 1986)

After certification by the planning director, the subdivider shall submit copies of a final map and a checking fee to the county surveyor. The number of copies and the amount of fees are specified by the county fee resolution. If the county surveyor determines that the final map complies with all provisions of this title and applicable state law in effect at the time of approval of the tentative map and that the map is technically correct, then he shall certify the map and transmit it to the clerk of the board of supervisors. If he finds that it does not conform to these requirements, he shall require that the map be corrected and resubmitted. The county Surveyor shall make his determinations and shall advise the subdivider of his determination within twenty days of the map's submission date.

(Ord. 1080 §1(part), 1986)

A. The Board of Supervisors shall, within a period of ten days after the submission of the final map to the clerk of the board of supervisors, or at its next regular meeting after the meeting at which it receives the map (whichever is later), approve the map if it conforms to all the requirements of this chapter and other applicable laws in effect at the time of approval or conditional approval of the tentative map, provided that if any improvements required pursuant to the subdivision improvement standards or other applicable laws have not been completed and approved, the Board shall specify one of the following agreements and require the sub-divider to enter into the agreement as a condition of approval of the map:

1. An agreement with the board of supervisors upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense; or

2. An agreement with the board of supervisors to initiate and consummate proceeding under an appropriate special assessment act for the financing and completion of all such improvements, or, if not completed under such special assessment act, to complete such improvements at the subdi-vider 1 s expense; and, in addition, if it enters into any such agreement, the board shall require that performance of such agreement be guaranteed by the security specified in Chapter 16.40.

B. If the final map does not conform to the Subdivision Map Act or to any requirement or condition applicable at the time of approval or conditional approval of the tentative map, the board of supervisors shall disapprove the final map. Such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. After such disapproval, the sub-divider may submit a modified final map to the planning director pursuant to Section 16.12.131.

C. The board of supervisors may approve the map when the only failure of the map is the result of a technical or inadvertent error which it determines does not materially affect the validity of the map.

(Ord. 1080 §1(part), 1986)