Tuolumne County Municipal Code Ch. 16.26 Subdivision Maps

Sections: 16.26.010 Authority to act on subdivision maps. 16.26.020 Preliminary soils report. 16.26.030 Unbonded improvements. 16.26.040 Submission of tentative map. 16.26.050 Review and recommendation. 16.26.060 Public hearing. 16.26.070 Time limits for tentative map approvals. 16.26.080 Requirements for completion. 16.26.090 Certificates, acknowledgments and references. 16.26.100 Survey requirements. 16.26.110 Approval and recordation of map. 16.26.120 Park dedications or in-lieu fees. 16.26.130 When improvements shall be provided. 16.26.140 Road design. 16.26.150 Road easements and rights-of-way. 16.26.160 Public utility easements. 16.26.170 Access easements to public waterways. 16.26.180 Drainage. 16.26.190 Lot design. 16.26.200 Water requirements. 16.26.210 Planned unit development permit when water system does not have the required fire flow. 16.26.220 Fire hydrants. 16.26.230 Reasonable proof of Groundwater.

The board shall approve, conditionally approve, or deny tentative maps. The board shall have the authority to approve a final map if it conforms to all the requirements of this title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so conform, disapprove the map. At the time the legislative body approves a final map, it shall also accept, accept subject to improvements, or reject any offer of dedication. (Ord. 2864 § 27, 2007; Ord. 1562 § 2 (part), 1987).

A. Except as provided in subdivision D, a final map shall not be approved, until the subdivider submits a preliminary soils report to and obtains approval of the building and safety division, and, if required, submits and obtains approval of a soils investigation report. The soils report shall be prepared by a registered geotechnical or civil engineer and shall be based upon adequate observations and tests of the materials disclosed by appropriate test borings or excavations made within the boundary of the subdivision. There shall be a sufficient number of test borings to show the locations of significant classifications of soils within the subdivision. B. If the building and safety division determines the preliminary soils report indicates the presence of potentially expansive soil or any soil condition which, if not corrected, may lead to structural defects, or the soil is such that any buildings, not requiring special design, would exceed the values set forth in the current edition of the Building Code, as adopted by the board, a soil investigation of each lot in the area of the questionable soil shall be required, and a registered geotechnical or civil engineer shall, in accordance with the current edition of the Building Code, as adopted by the board, recommend foundation design and construction criteria to safeguard against structural damage to each building to be constructed on that soil. Expansive soil as used in this section is defined as soils with an expansive index greater than 20, as determined by the current edition of the Building Code as adopted by the board. The soil investigation report shall be approved by the building and safety division and a copy thereof shall 16-41

be filed with the building and safety division and with the department of public works. C. The subdivision or portion thereof may be approved where such soil problems exist, if the building and safety division determines that the recommended action is likely to prevent structural damage. Parcels for which the board adopted special structural design recommendations shall be noted on the final map. Any building permits issued on such parcels shall be in conformance with the structural design recommendations so adopted. D. The preliminary soils report may be waived if the building and safety division has knowledge as to the qualities of the soil of the subdivision or lots such that no analysis is necessary, or if upon visual inspection, the classification of material, as specified in the current edition of the Building Code as adopted by the board, is such that no special design for foundations of one-story and two-story wood frame buildings is required, as determined by the building and safety division. (Ord. 2325 §§ 25, 26, 27, & 28, 2000; Ord. 2314 § 68, 1999; Ord. 1562 §2 (part), 1987).

agreement recorded between the county and the subdivider pursuant to Section 16.06.110 may allow the construction of model homes, clubhouses, entrance gates, recreation and park facilities, and other similar improvements. (Ord. 1562 § 2 (part), 1987).

A tentative map is required for all final maps. Tentative map applications for final maps shall be filed with the community development department. The tentative map must be prepared under the direction of a surveyor or engineer. A tentative map application is not complete until all of the items required by the tentative map checklist, as established by the county surveyor, have been submitted to the applicable department. A complete application includes submittals to the community development department to satisfy the California Environmental Quality Act. (Ord. 2864 § 28, 2007; Ord. 2314 § 69, 1999; Ord. 1562 § 2 (part), 1987).

planning commission shall review tentative maps and forward its recommendation to the board. The director of community development is responsible for reviewing tentative maps and advising the commission regarding environmental issues and conditions related to the map. The director of community development shall recommend action on tentative maps to the commission and board. Additional information pertaining to, or changes to, the tentative map resulting from the planning commission=s referral of the map back to the director of community development shall be considered by the planning commission in making a recommendation to the board. Additional information pertaining to, or changes to, the tentative map resulting from the board=s referral of the map back to the director of community development shall not require consideration by the planning commission unless so directed by the board. (Ord. 2864 § 29, 2007; Ord. 2325 § 29, 2000; Ord. 2314 § 70, 1999; Ord. 1562 § 2 (part), 1987).

A. A copy of any staff recommendation to the commission on a tentative map shall be served on the subdivider and surveyor at least seven days prior to any hearing on such map by the commission. B. Prior to taking action on a tentative map, the board shall conduct a public hearing on such map. Notice of the hearing shall be given pursuant to Government Code section 66451.3. (Ord. 2864 § 30, 2007; Ord. 1562 § 2 (part), 1987).

approvals.

A. An approved or conditionally approved tentative map shall expire thirty-six (36) months after its approval. Extensions may be granted, upon application of the subdivider, by the legislative body, the advisory agency or the County Surveyor as provided in Government Code section 66542.6(e). If the County Surveyor denies an application for any extension, any aggrieved party may appeal the decision of the County Surveyor to the Board of Supervisors within 15 days after the denial, by following the procedures in Section 16.06.130.

B. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. (Ord. 3297 § 2, 2016; Ord. 2864 § 31, 2007; Ord. 1562 § 2 (part), 1987).

A. Final maps shall conform to the minimum requirements of Government Code Section 66434 through 66443 inclusive; and to additional 16-42

requirements as hereinafter provided. A final map shall be considered complete for checking when the subdivider submits two prints of a final map which substantially conforms to the approved tentative map, which meets the requirements contained within the Subdivision Map Act, this title, and any other applicable state and county laws.

B. In addition, the application for a final map must comply with the final map checklist, as established by the county surveyor.

C. The subdivider shall submit to the county surveyor complete sets of checkprints, traverse sheets, engineered improvement plans, letters of verification for driveways and other such materials as specified in the final map checklist.

D. The subdivider shall submit final map check fees, as specified on said checklist, and inspection fees for improvements, as required.

E. The final map shall be prepared by a surveyor. (Ord. 2864 § 32, 2007; Ord. 1562 § 2 (part), 1987).

references. A. Certificates and acknowledgments on the map shall be as set forth in Government Code Sections 66441 and 66442. B. All certificates and acknowledgments not required by Government Code Sections 66441, 66441 and 66477.1 including dedications or offers of dedication, may be made by separate instrument to be recorded concurrently with the final map being filed for record. C. Whenever a certificate or acknowledgment is made by separate instrument, there shall appear on the final map a reference to the separately recorded document. The county recorder shall complete the cross-reference to such concurrently recorded separate documents. D. Requirements for construction of improvements shall be noticed by certificate on the final map. When a subdivision agreement or other type of agreement is recorded concurrently with the map, there shall appear on the map a reference to the separately recorded document. E. This reference shall be completed by the county recorder. (Ord. 1562 § 2 (part), 1987).

A. At the time of making the survey, monuments shall be set at all lot corners and angle points. If the map is compiled from record data, or if the monuments are to be set on or before a specified later date, at least one exterior boundary of the land being divided shall be adequately monumented or referenced before the map is recorded. B. Durable monuments must be set on all boundary corners. Interior monuments will be required on all corners. The minimum monument requirements shall be a five-eighths inch round or square iron bar or other suitable permanent monuments. C. For road easements and rights-of-way with curvilinear alignment, the beginning and end of each curve shall be monumented at the right-of-way or easement line, on both sides for all on-site roads, and for all off-site roads on one or both sides at the discretion of the director or county surveyor.
Boundary lines with curvilinear alignment shall be monumented at the beginning and end of each curve. D. A designated remainder parcel with a gross area of five acres or more does not need to be indicated as a matter of survey, but only be deed reference to the existing boundaries of such remainder and by acreage of such remainder.
(Ord. 2325 § 31, 2000; Ord. 1832 § 2, 1991; Ord. 1562 § 2 (part), 1987).

A. After the checkprints and accompanying materials have been approved by the county surveyor, the subdivider shall submit the complete set of final maps, the signed and notarized subdivision agreement, engineer's estimates, security for all incomplete improvements and monuments which are not set, and inspection fees for all improvements.
B. Upon receipt of the final map for checking and approval, accompanied by the required recording fees, the county surveyor shall comply with Section 66442 of the Government Code. C. Prior to final approval of a final map as herein provided, the applicant shall file with the county surveyor a certificate from the county tax collector showing that according to the records of his/her office, there are no liens against the property, or any part thereof, for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. The final map shall not be approved until all such taxes and special assessments which are due and payable have been paid, and until a request for separation on the current tax roll has been filed with the county tax collector. Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the applicant shall file with the county surveyor proof 16-43

that the applicant has executed and filed with the tax collector security conditioned upon the payment of all state, county, municipal, and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the parcel map is recorded are a lien against the property, but which are not yet payable.
If the applicant deposits cash to secure the payment of the estimated taxes or special assessments required herein, the tax collector shall draw upon the cash deposit, at the request of the taxpayer, to pay the taxes or special assessments when they are payable. D. A final map conforming to the approved or conditionally approved tentative map may be filed with the board for approval after all required certificates on such map have been signed and, where necessary, acknowledged. E. The board, shall approve the map if it conforms to all the requirements of this title and the Subdivision Map Act, or if it does not so conform, deny the map, within fifteen days from the date that the map is filed. The date the map shall be deemed filed with the board is the date on which the county surveyor receives the map on behalf of the clerk of the board. The map may be approved if it is determined a technical and inadvertent failure to conform as required does not materially affect the validity of the map nor adversely impact the public health, safety or welfare. F. When all certificates and security required under the provisions of Government Code Sections 66492 and 66493 have been filed and deposited with the board clerk and approved by the county, the board clerk shall certify that the certificates have been filed and deposits have been made and shall transmit the final map to the county recorder. G. The county recorder shall examine and record the map in accordance with Government Code Sections 66465 through 66468.1, inclusive.
(Ord. 2864 § 33, 2007; Ord. 3215 § 5, 2013; Ord. 2325 § 30, 2000; Ord. 1562 § 2 (part), 1987).

A. Authority and Applicability. This section is enacted pursuant to the authority granted by Government Code Section 66477 and the Tuolumne county general plan.

The provision of this section shall apply to all residential subdivisions of five parcels or more as a condition to their approval in Tuolumne county.

The provisions of this section shall not apply to any of the following:

1. Industrial and commercial subdivisions;

2. Condominium projects or stock cooperatives which consists of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added;

3. Resubdivisions;

4. Any subdivision excluded from such requirements by the Subdivision Map Act.

5. Any parcel within a subdivision for which the Board of Supervisors has granted an exemption from the requirements of this section to provide an incentive for the provision of affordable housing in accordance with section 65915 of the Government Code.

B. Dedications or Fees Required. The board of supervisors shall require either the dedication of land or the payment of fees in lieu of such dedication, or a combination of any of the above, for the purpose of providing park and recreational facilities to serve future residents of the subdivision. The total area required to be dedicated shall be computed by multiplying the number of dwelling units to be included in the development by .01 acre, up to the limits set forth in Section 66477 of the Subdivision Map Act. As used in this section, "dwelling unit" means a building or a portion thereof, or a mobilehome, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit; or an undeveloped parcel on which only one residence may be constructed. Parcels on which one duplex or two residences are allowed as permitted or conditional uses shall count as two dwelling units.
When fees are to be paid in lieu of land dedication, such fees shall be based on this formula: Number of units x .01 x average assessed market price per acre based upon the tentative map and the appraisal by the County, up to the limits set forth in Section 66477 of the Subdivision Map Act. A combination of fee payment and land dedication is permissible if approved by the board. At the time of filing a tentative map, the developer shall, as part of such filing, indicate whether he/she prefers to dedicate land for park and recreation purposes, or to pay fees in lieu thereof, or receive credit for private park and recreation facilities, or a combination of the above. If he/she prefers to dedicate land, he/she shall so designate the land area on the submitted map. The local agency shall submit with its proposed conditions for the tentative map a program for the use of the land or fees, or both, to develop park or recreational facilities to serve the residents of the proposed subdivision.
The board of supervisors may approve, conditionally approve or deny the developer=s 16-44

proposal for dedicating of land for park and recreation purposes, paying of fees in lieu thereof, receiving credit for private park and recreation facilities, or a combination thereof.

C. Criteria for Approval. After the tentative map has been filed, the community development department shall determine the suitability of the developer's proposal for park land or fees, or both, to serve the subdivision. In making this determination, the community development department shall consider the following factors:

1. Lands offered for dedication will substantially comply with the recreation element of the general plan;

2. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

3. The size and shape of the development and land available for dedication,

4. How much land consisting of school playgrounds or public park lands is available for combination with dedicated lands in the formation of local park and recreation facilities; and

5. The space or local recreation facilities to be privately owned and maintained by future residents of the development.

The land, fees, or combination thereof, are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreation facilities which will serve the subdivision; but if the county general plan or a specific plan contemplates a larger or more significant recreation development (such as an area or community park) which will serve an area including the subdivision, the dedicated land or fees may be devoted to such use, if it bears a reasonable relationship to the future inhabitants of the subdivision.

D. Credit for Privately Developed Facilities. If the subdivider provides park and recreational improvements to land dedicated for public park purposes, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this title as determined by the community development department.

In order to encourage the provision of private park and recreation facilities, one hundred twenty- five percent credit may be obtained for private park and recreation dedication requirements if the board makes findings that the following standards and criteria have been met prior to approval of the final map:

1. The park and/or recreation facility is to be owned and maintained by the future owner(s) of the development;

2. That the advisory agency has determined that it is in the public interest to grant such credit and has approved the necessary easements, covenants and/or instruments;

3. That evidence has been provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants or restrictions; and

4. That the use of the private area is restricted for park and recreational purposes by an open space easement or other instrument which cannot be defeated or eliminated without the permission of the board and county counsel's office; and

5. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and other regulations shall not be, and have not been, included in the computation of the amount of space in such private areas; and

6. That the proposed private area is reasonably adaptable for use for park or recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

7. That facilities proposed for the area are in substantial accordance with the provisions of the general plan or adopted community or specific plans; and

8. That the area for which credit is given provides a minimum of three of the local park basic elements listed below or other recreational improvements that will meet the specific recreation park needs of the future residents of the subdivision: Minimum Acreage Criteria Recommended a. Children's play apparatus area 0.50 to 0.75 b. Landscape park-like and quiet

area

0.50 to 1.00 c. Family picnic area
0.25 to 0.75 d. Game court area
0.25 to 0.50 e. Turf playfield 1.00 to 3.00 f. Swim pool (42 ft. x 75 ft. with adjacent

deck and lawn area)
0.25 to 0.50 g. Recreation center building
0.15 to 0.25 h. Recreation community gardening 0.10 to 0.25

E. Procedures for Conveyance. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. If land is accepted for dedication by the board of supervisors, it shall be conveyed to 16-45

Tuolumne county at the time that the map is recorded with the county recorder.

Where fees are required by this title, the same shall be deposited with the county prior to the approval of the final map. Open space covenants or other instruments as provided in this title for private park or recreational facilities must be approved by the advisory agency and shall be recorded contemporaneously with the final map.

F. Use of Land or Fees.

1. All park and recreation fees collected pursuant to this title shall be placed in a special fund independent of the general fund and expended only for park and recreation acquisition and development. Fees collected pursuant to this chapter shall be utilized for providing mini-parks, neighborhood parks, community parks, regional parks and other special recreational facilities as are identified in the general plan, recreation element, and shall bear a reasonable relationship to the future inhabitants of the subdivision.

The community development department, in agreement with the local agency having park responsibility, if any, shall assure the establishment and development of the park and recreational facilities as specified in the schedule incorporated into the conditional approval of the final map. The schedule for use of the funds will be maintained by the county administrator.

Any fees collected under this section shall be committed within five years after the payment of such fees or the issuance of building permits on one-half the lots created by a subdivision, whichever occurs later.

The county administrator shall report to the board biannually or more frequently if deemed necessary by the board on the operation and administration of this title including the amount of fees collected, land acquired, park and recreation facilities developed and recommended changes to this chapter as are appropriate to its purpose and intent.

All land so dedicated or fees paid shall be held in trust by the county except that the county may transfer such land and/or fees to a local public agency having authority to develop new, or rehabilitate existing, neighborhood or community park and recreation facilities to serve the subdivision.

The board shall determine which public agency is to be responsible for development and maintenance of each park.

2. If any local public agency provides park and recreational services on a community-wide level and to the area within which the proposed subdivision is located, and elects to accept the land so dedicated or the fees in lieu thereof, such dedication shall be made or such fees shall be paid to such public agency on condition that it shall agree with the county to develop such land or use such fees as set forth in the conditional approval for the subdivision and in accordance with said findings of the advisory agency, the recreation element of the general plan and shall bear a reasonable relationship to the future inhabitants of the subdivision.

G. Refund of Fees.

If fees are not committed within the time frame allowed under subsection F they, without any deductions, shall be distributed proportionally and paid to the then record owners of the development.

If a final map or parcel map is vacated, and if the county still retains the land, or all, or a portion of, the fees then the county shall order return of such land or fees to the record owner.

The provisions of item 1 below shall apply in case of abandonment of any project initiated under this section or in case there is a surplus of funds in the hands of the county after its completion.

1. The board shall determine by resolution the amount of the surplus funds, if any, and shall cause any such surplus to be refunded in the order following:

a. There shall be refunded to any public agency (including the county) any sums advanced by it for such project. Where sums have been advanced by several public agencies, and if the surplus is not sufficient to refund to each the full amount advanced by it, the refunds to them shall be according to any agreement between them, and if none, they shall share in proportion to the amounts of their respective advancements.

b. The remainder of the fees paid by the subdivider shall be refunded to the current owners of the lots within the subdivision in the same proportion which the area of each individual lot bears to the total area of the property within the subdivision.

c. There shall be transferred to the county park fund any remaining portion of the surplus which has not been paid to or claimed by the person(s) entitled thereto within two years from the date of adoption of the resolution declaring a surplus.

2. In case any land or fees are paid to a public agency as mentioned in subsection F, it shall be required to enter into an agreement with the county providing that in case of abandonment of any project or in case there is a surplus of funds in its hand after completion of a project, it will transfer the 16-46

same to the county for disposition according to item 1 of this subsection. (Ord. 2864 § 34, 2007; Ord. 2493 § 1, 2003; Ord. 2314 §§ 71, 72, & 73, 1999; Ord. 1562 § 2 (part), 1987).

provided. Except as otherwise provided in this title, the subdivider shall provide the applicable improvements as set forth in this title and Titles 11 and 15 as a condition precedent to the acceptance and approval of the final map. (Ord. 1562 § 2 (part), 1987).

A. General Road Design. All roads shall be properly integrated with the existing and proposed system of roads and dedicated rights-of-way as established on the regional transportation plan. All roads shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses. A road which meets the county standards for the zoning, density and location of the subdivision shall serve each parcel. Local roads shall be laid out to conform as must as possible to the topography, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property. Off-site road alignment may be modified by the director to allow construction of a road within an existing easement. B. Determining Number of Parcels Served by a Road. For purposes of this title the number of parcels served by a road shall include all parcels for which the road must be used to reach a state or county maintained road. Parcels with more than one access shall be counted unless the parcel is developed and served by another road. C. Determining Which Roads Shall be Improved. The subdivision road and driveway improvement standards shall apply to any roads, including existing county roads, which serve any lot within the proposed subdivision, and which do not meet the required development standards for the size, type, and density of the development or which require additional improvements to accommodate traffic created by the development. D. Specific Road Standards. Roads to serve lots within subdivisions shall be constructed in accordance with the standards as set forth in Title 11. Additional improvements to the county=s circulation system may be required when warranted, such as by the projected daily trips (ADT) or on arterial or major collector roads as identified by the regional transportation plan, on a fair share contribution basis to maintain safety and acceptable levels of service. Such improvements may include, but not be limited to, above standard requirements such as wider lanes, left turn lanes or pockets, acceleration-deceleration tapers, bus turnouts and traffic signals. For subdivisions of less than two acres per parcel, the following may also be required: a. Periodic widening of the road shoulder for group location of mailboxes or for school bus loading stops; b. Four feet extra pavement width on road shoulder on one side of the road for anticipated pedestrian traffic. E. Private Driveways. Private driveways need not be constructed or bonded for construction prior to the filing of the map, unless there is an existing building on the subject parcel. However, as a condition precedent to the filing of the final map, the applicant must demonstrate that a private driveway can be constructed on each parcel which would meet the standards for driveways as specified in Title 11 of this code. Demonstrated proof shall be submitted in the form of a letter signed by a licensed land surveyor or registered civil engineer that a road which meets the standards for a private driveway can be built from the access road to a building site on the parcel. F. Road Names. The continuation of existing contiguous roads within a new subdivision shall bear the names of such existing roads. The names of new roads shall be subject to the approval of the director or county surveyor and shall not approximate phonetically existing road names. G. Continuation of Roadways. The alignment, dedication and improvement of roads shall provide for the continuation of existing and or proposed roads on adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, and where such continuation is in accordance with the regional transportation plan.
Any road which is a continuation of an existing road shall be constructed to the same or greater width as the existing road and in accordance with Title 11 of this code. Right of way dedication for the continuation of centerline of roads to adjacent properties shall be provided if the adjacent property is undeveloped. The right-of-way shall be extended 16-47

to the common property line of the adjoining property. H. Cul-de-sac roads. Cul-de-sac roads shall be allowed only if within the limits as set forth in Title 11.

1. Intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles.
   Not more than two streets shall intersect at any one point unless specifically approved by the director.
   Proposed new intersections along one side of an existing street shall, whenever practicable, coincide with any existing intersections on the opposite side of such street. (Ord. 2325 §§ 32, 33, 34, 35, & 36, 2000; Ord. 1562 § 2 (part), 1987).

A. Easements Required. Each parcel or remainder created by a final map shall be served by an easement for ingress or egress. Such easement shall be deeded, dedicated or adjudicated. Any road easement required on a final map shall be so designed and of sufficient width that the required road including cuts, fills, turning bulbs and turnouts can be built within it. A dedicated maintenance easement shall be extended to five feet beyond the top of cuts and toe of fills.
B. Standard Easement Width. No road easement shall be less than fifty feet in width unless a reduction in such width is specifically allowed by guidelines in the remainder of this section. C. On-site Road Easements. The easement width may be reduced to no less than forty feet if no more than twelve parcels will be served and the road does not continue through or past the subdivision. The required width may be increased as necessary to accommodate the required road width. Whenever the easement continues through the property or there is potential for further division of the subject parcel, based on the minimum lot size of the general plan designation, an easement of sufficient width to allow construction of a road of the same width as the interior roads required for the final map shall be required. D. Existing Rights-of-way. When an existing right-of-way or road is shown on a record map within the proposed land division, such right-of-way shall be dedicated to the county unless a public hearing is held and a finding made by the director that no such dedication is necessary for orderly development. The width of such easement shall be fifty feet unless reduced by the director to no less than thirty feet. E. Access to Adjoining Parcel. When an adjoining parcel does not have legal access or if the terrain abutting the legal access of an adjoining parcel does not allow physical access and the owner of such parcel requires an easement or the director determines that such an easement is necessary for orderly development, the subdivider shall dedicate a road easement to the parcel. The width of the easement shall be fifty feet and may be reduced to no less than thirty feet, and shall be so designed that a road meeting the standards of Title 11 can be built within it. If the topography would prevent the future building of such a road, the requirement may be waived by the director. Any road which is a continuation of an existing road shall have an easement of the same, or greater width, with the exceptions of easements ending with turning bulbs, cul-de-sacs or other unusual configurations such as varying widths to encompass tops of cuts or toes of fills. The nominal consistent width shall be continued. F. County Rights-of-way. Where an existing county maintained road that is designated as an arterial or future arterial road in the regional transportation plan crosses or abuts the subject parcel, the applicant shall dedicate fifty feet minimum along each side of the centerline unless a specific plan section has been adopted for that road section that may require more width. Where an existing county maintained road that is designated as a major collector or future major collector road in the regional transportation plan crosses or abuts the subject parcel, the applicant shall dedicate forty feet minimum along each side of the centerline except where the county already owns a deeded or dedicated easement of that width. Where an existing county maintained road that is designated as a minor collector or future minor collector road in the regional transportation plan crosses or abuts the subject parcel, the applicant shall dedicate thirty-two feet minimum along each side of the centerline except where the county already owns a deeded or dedicated easement of that width. Where a plan line of a future road which has been adopted by the board of supervisors crosses the subject parcel, the director shall require the centerline of the dedicated rights-of-way to follow the centerline of said plan line. Where no plan line has been adopted, dedication shall be based on the county's best estimate and may require additional right-of-way. Where an existing county maintained road that is designated as a rural local road in the regional transportation plan crosses or abuts the subject 16-48

parcel, the applicant shall dedicate twenty-five feet minimum along each side of the centerline except where the county already owns a deeded or dedicated easement of that width. If the director determines that a fifty-foot right-of-way will not be needed now or in the future, the director may reduce the required right-of-way but in no case to less than twenty feet from centerline.
If the director makes the finding that additional right-of-way is necessary to allow future widening of an arterial, collector or rural local road such requirement shall be increased to no more than fifty feet each side of the centerline. Upon request, the results of the finding shall be forwarded to the subdivider and his/her surveyor or engineer along with the request for the additional right-of-way. If the director makes the finding that realignment of the roadway is necessary for public safety, a new centerline may be established for the purpose of such dedication.
G. Commercial and Industrial Easements.
Easements may be reduced to no less than thirty- six feet in width to serve commercial or industrial parcels. H. Access through public lands. Access through public lands must be provided to the subject parcel by permit or easement from the public agency with jurisdiction. No specified width is necessary when approved by the director. I. Exceptions for Irrevocable, Reciprocal Easements. If irrevocable, reciprocal easements are provided for access, utilities or parking, and such easements are approved by the director, requirements for all other easements may be waived for townhouse or condominium land divisions. The documents providing such easements must be approved by county counsel. (Ord. 2864 §§ 35, 36, 37 2007; Ord. 1679 § 1, 1989; Ord. 1562 § 1 (part), 1987).

A. All nonexclusive road and access dedications as specified in this title shall be further reserved and dedicated as public utility easements. Public utility easements, eight feet in width shall be dedicated along each interior lot line. Public utility easements, sixteen feet in width shall be dedicated along the exterior boundary of the subdivision.

B. For subdivisions where underground utilities are specified, or mandated by California public utilities rules, the public utility easements dedicated shall be six feet in width along such interior lot line and twelve feet in width along the exterior boundary of the subdivision. Provision of a utility easement, along the exterior boundary may be waived if an equivalent easement exists along the adjacent boundary.

C. A public utility easement, sixteen feet in width, shall be dedicated where existing utility facilities exist. Such easement shall extend to the farthest parcel served by such existing facilities unless provision has been made with the public utility or owner of the improvements to move them into an easement.

D. A public utility easement, a minimum of thirty five feet in width shall be dedicated along any portion of any public utility owner’s ditch system which lies within the subject parcel. The required width may be increased or decreased at the request of the public utility owner.

E. With prior written approval of the public utility owner, a property owner may pipe or realign the public utility owner’s ditch system on his/her property. (Ord. 2864 § 38, 2007; Ord. 1562 § 2 (part), 1987).

waterways. A. A subdivision proposed with frontage on a public waterway river or stream shall provide for a dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision. B. The extent, width and character of the easement shall be approved pursuant to Government Code Section 66478.5. C. Such a public easement shall not be required for an industrial subdivision. D. Any subdivision proposed with frontage on a public waterway river or stream shall provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision. Determination of the reasonableness of such public access shall be made pursuant to Government Code Section 66478.4. (Ord. 1562 § 2 (part), 1987).

A. Drainage study. A drainage study shall be prepared.

B. Drainage Improvements. Drainage structures shall be installed or improved as necessary to convey storm waters from the project to the point where the waters enter a natural drainage which can adequately contain and convey the storm waters.

C. Drainage Easements and Preservation of Watercourses. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, 16-49

there shall be provided a storm water easement or drainage right-of-way fifteen feet in width along the centerline of ephemeral drainages, thirty feet in width along the centerline of intermittent drainages and fifty feet along the centerline of perennial streams conforming substantially to the lines of such watercourse. Wherever safe and feasible, as determined by the director, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

D. Location and Dedication of Drainage Easements. Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least fifteen feet in width for such drainage facilities shall be provided across the subject property outside the road lines and with satisfactory access to the road. Easements shall be indicated and dedicated on the map, but shall not be accepted for maintenance by the county. Only those drainageways lying adjacent to or beneath county-maintained roads, and within dedicated road easements, shall be maintained by the county. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the final map. The applicant shall dedicate a drainage easement along both sides of existing watercourses, of a width to be determined by the director.

E. Areas Subject to Flooding. Subdivision of lands identified as areas of special flood hazard under Chapter 15.24 shall comply with the standards outlined in Section 15.24.150 of the Tuolumne County Ordinance Code. (Ord. 2864 § 39, 2007; Ord. 1562 § 2 (part), 1987).

A. Minimum Acreage, Length and Width.
Every parcel shall be as large or larger than the minimum area allowed in the zoning district of the parcel, and shall also meet the width requirements of the zoning district. When land is zoned for division into lots two acres or larger in size, the required minimum area shall be the same as the gross acreage. When land is zoned for division into lots 1.99 acres or smaller in size, the required minimum area shall be the same as the net acreage. No parcel of less than five acres shall be created with an average ratio of length to width exceeding 4 to 1, except when the length is adjacent to a road easement. B. Flag Lots. Flag lots are permitted in any land division subject to the following conditions:

1. No portion of any flag lot two acres or smaller in size which is less than forty feet in width shall be applied to the minimum area requirements specified in the uniform zoning ordinance;
2. The length to width ratio requirement of 4 to I shall only apply to that portion of the flag lot which is at least forty feet wide;
3. Except as otherwise provided, no portion of any flag lot less than fifty feet in width may be used as a building site;
4. That portion of the flag lot which is less than forty feet in width and which provides access from a street shall not exceed five hundred feet in length;
5. Two lots may share a driveway which shall meet the standards specified herein for private driveways and access roads serving two parcels or less if an easement is dedicated for such driveway as required herein. C. Double Frontage Lots. Double frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. D. Common Driveways. Where driveway access from an arterial or collector road may be necessary for several adjoining lots, the director may require that such lots be served by a common driveway and easement in order to limit possible traffic hazard on such road. Driveways shall not be designed so that vehicles must back onto arterial or collector roads. Provision shall be made for a common driveway a minimum of eighteen feet in width where cuts and fills along the front property line are in excess of five feet above or below road grade. Such driveways should begin and end at the "daylight" section at each end of the cut or fill, if possible. Easements for common driveways shall be no less than twenty feet in width.
   E. Corner Lot Size. Comer lot dimensions should generally be longer than the average inside lot size to allow for the location of buildings which meet the minimum front yard setback from both streets and so that the driveway can be located on the tangent at least twenty feet from the curve radius of any intersection. F. Lot Drainage. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots. 16-50

G. Additional Parking in Snow Removal Areas.
Where any portion of a land division exceeds three thousand foot elevation and contains parcels less than two acres in gross area, two parking spaces shall be provided on each parcel as a condition to be fulfilled by the subdivider. Additional parking spaces may be required based upon parcel zoning of a higher density or use than single-family residential. These spaces should be at or near the elevation of the road. Off-site parking areas may be at combined locations to provide for up to three parcels if approved by the director. Locations for joint parking facilities shall be within common areas or additional dedicated easements. The subdivider must submit improvement plans which demonstrate where and how required parking spaces will be constructed. Parking spaces shall be constructed or bonded prior to recordation of the map. H. Buffering Commercial Lots. Adjacent residential areas shall be protected from potential nuisance from a proposed commercial or industrial land division by the provision of a setback on commercial or industrial property equal to that required for contiguous property. (Ord. 2864 § 40, 2007; Ord. 1895 § 2, 1992; Ord. 1562 § 2 (part), 1987).

A. Residential. For residential development of less than two acres per parcel, the public water system must be capable of supplying the following fire flows from the county standard hydrants at twenty psi residual pressure for a two-hour duration:

1. Two hundred fifty gallons per minute where there are densities greater than one parcel per two acres and up to and including one parcel per acre.
2. Five hundred gallons per minute where there are densities of more than one and up to and including six parcels per acre.
3. Seven hundred fifty gallons per minute where there are densities of more than six and up to and including nine units per acre.
4. One thousand two hundred fifty gallons per minute where densities are more than nine units per acre. B. Commercial, Industrial, mixed use, and business park. The minimum required fire flow for land divisions within the M-U, C-K, C-0, C-1, C-2, C-S, BP, M-1 and M-2 zoning districts shall be 1,500 gallons per minute. Water to meet the required fire flow must be available on each parcel prior to approval of a final parcel map except a new parcel is not required to have fire flow on it if:
5. The entire area of the proposed parcel is within three hundred feet (distance from hydrant to the parcel measured along a primary or paved access road) of a hydrant with the fire flow set forth above; and
6. A deeded or dedicated easement is available between the water line serving the hydrant and the proposed parcel. Standards for water mains, water storage for fire protection, and water supply shall be in accordance with title 15 of this code. (Ord. 2579
   § 15, 2004; Ord. 1562 § 2 (part), 1987).

when water system does not have the required fire flow. A property owner proposing a land division within an existing water system and within five hundred feet of an existing main line not meeting the required fire flow may propose, and the county may approve, the land division through the issuance of a planned unit development permit subject to the following terms and conditions, and any other conditions of approval of the planned unit development permit: A. All feasible improvements to upgrade the fire flow in the existing system are made. Feasible improvements are both technically possible and economically reasonable. B. An engineering study may be required to aid in determining what improvements are feasible. C. The owner may be required to contribute to improvements not feasible for this project alone. D. Hookup to the system shall be designed and installed so as to accommodate the maximum flow available or projected. E. Further extension of the line shall be prohibited unless the fire flow required for a land division is available. F. Structures constructed on the property must be designed and constructed to meet the standards set forth in title 15 of this code. (Ord. 2901 § 7, 2008; Ord. 2579 § 16, 2004)

located and installed in accordance with Title 15.
(Ord. 1562 § 2 (part), 1987).

For subdivisions which rely on individual wells to supply water, reasonable proof of groundwater availability on-site shall be provided to the environmental health department in a form as specified by their guidelines. For subdivisions with lots of five gross acres or more, groundwater proof shall be provided prior to approval of the final map.
For subdivisions with lots of less than five gross acres, groundwater proof shall be provided prior to 16-51

the next county entitlement subsequent to approval of the tentative map. (Ord. 1562 § 2 (part), 1987). 16-52