§ 11.39

Division IV of this Code shall be known and cited as the "Subdivision Ordinance of Yuba County" and will be referred to herein as "the Subdivision Ordinance" or "this division."

Authority for this division is found in Title 7, Division 2 of the California Government Code, commencing with Section 66410, hereinafter referred to as the "Subdivision Map Act," as may be amended from time to time.

(Ord. No. 1624)

The purpose of this division is to regulate the division of land within Yuba County. The provisions of this division implement and supplement the requirements of the Subdivision Map Act concerning the design and improvement of subdivisions and regulating other divisions of land within the County, including the form and content of all maps and the procedure to be followed in securing official approval. It is also the purpose of this division to ensure that the design and improvements of subdivisions are consistent with and promote the goals and policies of the General Plan. In order to protect and preserve public health, safety and general welfare and promote orderly growth and development, the provisions of this division are more specifically intended to:

(1)

Protect and enhance property values;

(2)

Ensure that new developments are served by adequate infrastructure, facilities, and services; and

(3)

Provide for the future development of adjacent properties.

(Ord. No. 1624)

The regulations set forth in this division apply to all parts of subdivisions within Yuba County and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the County shall be made and each map shall be prepared and presented for approval as provided for and required by this division. Areas that fall within the FP overlay district shall comply with the provisions of Chapter 11.14 and Chapter 10.30.

(Ord. No. 1624)

This division shall not apply to any projects or uses listed as exclusions in Section 66412 et seq. of the Subdivision Map Act.

(Ord. No. 1624)

(a)

Application. Any person who proposes to subdivide land regulated by this division shall first file an application with the Planning Department on the prescribed application forms in accordance with the application procedures in Chapter 11.53, Common Procedures.

(b)

Environmental review. Actions and projects governed by the provisions of this division shall be subject to Chapter 11.54, Environmental Review and any other guidelines and regulations that the County has adopted for the preparation and consideration of Initial Studies, Negative Declarations, and Environmental Impact Reports in compliance with the California Environmental Quality Act (State Public Resources Code Sec. 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Sec. 15000 et seq.).

(c)

Notification procedures.

(1)

Whenever this division requires a public hearing, notification shall be provided and the hearing shall be conducted in compliance with the provisions for public notice and hearings in Section 11.53.050, Notice of Public Hearings.

(2)

If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, in addition to the notification required by Section 11.53.050, Notice of Public Hearings, notice shall be given by United States mail to each tenant of the subject property, and shall include notification of the tenant's right to appear and be heard.

(d)

Appeals. Decisions that are subject to appeal under the Subdivision Map Act or the provisions of this Code shall be filed and processed in compliance with the procedures for appeals and calls for review in Section 11.53.150, Appeals and Calls for Review.

(Ord. No. 1624)

The provisions of this Section shall determine the need for tentative subdivision or vesting tentative maps, final maps, tentative parcel maps, and parcel maps.

(1)

Tentative subdivision and final maps. A tentative subdivision map and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where one of the following occurs:

a.

The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body.

b.

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway.

c.

The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths.

d.

Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

e.

The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

A tentative and parcel map shall be required for those subdivisions described in Subsections a. through e.

(2)

Tentative parcel and parcel maps. A tentative parcel map and parcel map shall be required for all divisions of land into four or fewer parcels, as well as for divisions of land into five or more parcels described in Subsections a. through e. of Subsection (1), tentative subdivision and final maps, above, except that a tentative parcel map and parcel map shall not be required for the following:

a.

Right-of-way subdivisions. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code that are created by short-term leases terminable by either party on not more than 30 days' notice in writing.

b.

Conveyances. Land conveyed to or from a governmental agency, public entity, public utility, or a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this Section, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

c.

Lot line adjustments. Lot line adjustments that meet the requirements of Section 11.43.040, Lot Line Adjustments.

d.

Required dedication. A division of land into four or fewer parcels for the purpose of dedication of land to a governmental agency, public entity or public utility pursuant to a requirement the County has imposed as a condition of approval of a development project.

(3)

Waiver of preparation of parcel maps.

a.

The Development Review Committee may, upon written request of the applicant, waive or conditionally waive the filing of a parcel map provided that it specifically makes a finding that the proposed subdivision complies with requirements of the Subdivision Map Act and this division as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or this division.

b.

The applicant shall submit a tentative map with the request for waiver.

c.

No waiver of preparation of a parcel map is valid unless the applicant records, within 60 days of approval of the waiver, a certificate on a form provided by the Community Development and Services Agency. On the form, the applicant shall provide a legal description that indicates the boundaries of the parcels and all conditions of approval.

(4)

Conveyances to governmental agencies, public entities or public utilities for rights-of-way; computing number of parcels. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels as further defined in Section 66426.5 of the Subdivision Map Act. For purposes of this Section, any conveyance of land to a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license as referenced in Section 66428(a)(2) of the Subdivision Map Act.

(Ord. No. 1624)

11.39.070. - Condominiums; community apartment project, stock cooperative project; three-dimensional portions.

(a)

A map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings nor the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the governing body have the right to refuse approval of a tentative map, parcel map, or final map of the project on account of the design or the location of buildings on the property shown on the map that are not violative of this Code or on account of the manner in which airspace is to be divided in conveying the condominium.

(b)

A map need not include a condominium plan or plans, as defined in Civil Code Section 1351(e), and the Board of Supervisors may not refuse approval of a tentative map, parcel map, or final map of the project on account of the absence of a condominium plan.

(c)

Fees and lot design requirements shall be computed and imposed with respect to those maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project.

(d)

Nothing herein shall be deemed to limit the power of the Board of Supervisors or delegated governing body to regulate the design or location of buildings in a project pursuant to the standards of this Code.

(e)

If the governing body has approved a parcel map or final map for the establishment of condominiums on property pursuant to the requirements of this division, the separation of a three-dimensional portion or portions of the property from the remainder of the property or the division of that three-dimensional portion or portions into condominiums shall not constitute a further subdivision as defined in Section 66424 of the Subdivision Map Act, provided each of the following conditions has been satisfied:

(1)

The total number of condominiums established is not increased above the number authorized by the County in approving the parcel map or final map.

(2)

A perpetual estate or an estate for years in the remainder of the property is held by the condominium owners in undivided interests in common, or by an association as defined in Civil Code Section 1351(a), and the duration of the estate in the remainder of the property is the same as the duration of the estate in the condominiums.

(3)

The three-dimensional portion or portions of property are described on a condominium plan or plans, as defined in Civil Code Section 1351(e).

(Ord. No. 1624)

CHAPTER 11.40 - TENTATIVE MAPS