Chapter 17.88 LAND DIVISIONS

This chapter is adopted for the purpose of preserving and promoting the public health, safety, peace, convenience and welfare, furtherance of the county’s general plan, and in order to:

A. Eliminate the creation of parcels of inadequate size and poor design;

B. Eliminate the creation of building sites in areas where topography, flooding or other factors will prevent orderly and beneficial land development;

C. Eliminate hazards to life or property from sewage or inadequate drainage;

D. Eliminate damage to property values and loss of opportunity for satisfactory overall development of neighborhoods caused by successive uncontrolled and haphazard land divisions; and

E. Prevent circumvention of existing subdivisions, zoning and building ordinances and regulations. (Ord. 1127 §2(part), 1987).

17.88.040 Parcel map required.

A parcel map shall be filed and recorded for all subdivisions for which a tentative and final map are not required by Section 17.56.010, except for subdivisions created by short-term leases (terminable by either party on not more than thirty days’ notice in writing) of a portion of an operating right-of-way of a railroad corporation, defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the board of supervisors based upon substantial evidence that public policy necessitates such a map, this exception shall not apply. (Ord. 1127 §2(part), 1987).

17.88.050 Land division defined.

"Land division" means any subdivision for which a parcel map shall be filed and recorded. (Ord. 1127 §2(part), 1987).

17.88.070 Land division application--Filing.

The application for a land division shall be on forms prescribed by the planning director and submitted to the planning department together with at least six copies of the tentative map of the proposed land division. The planning department shall examine said application, any accompanying data and maps, for compliance with this chapter and shall accept the same only when all requirements as to form have been met. (Ord. 1127 §2(part), 1987).

17.88.080 Land division application--Fee.

The fee for filing of each land division application shall be set by resolution of the board of supervisors. (Ord. 1127 §2(part), 1987).

17.88.090 Land division application--Information.

The land division application shall include:

A. The name, address and telephone number of the applicant, and the name, address and telephone number of the landowner, if he is not the applicant;

B. A copy of the county assessor’s map with the property of the proposed land division delineated;

C. The source, name of supplier, quality and an estimate of available quantity of domestic water if used for domestic purposes;

D. The method of sewage disposal, and the name of the sewage agency, if any;

E. The proposed use of parcels;

F. The existing zoning designation of the land; and

G. The signature of the applicant and the date of the application. (Ord. 1127 §2(part), 1987).

17.88.100 Tentative map--Specifications.

The tentative map of the proposed land division shall be clearly and legibly drawn on sheets of eighteen inches by twenty-six inches. The map is to be drawn to scale in all cases. A marginal line shall be drawn around each sheet leaving a blank margin of one inch. Said map shall show:

A. The boundaries of the land proposed to be divided with dimensions, and the approximate net area exclusive of roads and easements over ten feet in width;

B. The existing or proposed right-of-way lien of county streets or roads within or abutting the land and the location and width of pavement including the roadway pavements, curbs, gutters and sidewalks, both existing and proposed;

C. The existing and proposed parcel lines with dimensions and approximate area of each parcel;

D. The location of drainage provisions, watercourses and areas subject to flooding;

E. The location with dimensions, and the use of any existing structures or improvements on the land or underground including wells, sewage, etc.;

F. Any existing or proposed easement;

G. The name and address of the person who prepared the map and the date of preparation; and

H. The northpoint and scale. (Ord. 1127 §2(part), 1987).

17.88.110 Tentative map--Referral to technical advisory committee.

The tentative map and application shall be considered by the technical advisory committee as such may be established by the board of supervisors. After said consideration, the technical advisory committee shall make a written recommendation to the planning commission. (Ord. 1127 §2(part), 1987).

17.88.120 Reports by committee members.

A. The public works director shall report on the effect each proposed land division would have on drainage, public improvements, and such matters as necessary to secure compliance with this chapter and other laws regulating land division.

B. The planning director shall report on the proposed land division parcel design, parcel sizes, proposed use and such other matters as necessary to secure compliance to this chapter, the county zoning ordinance, and the county’s general plan.

C. The health officer shall report on the adequacy of the proposed water supply for domestic purposes, the adequacy of the proposed sewage and other matters affecting the public health.

D. The planning department shall coordinate and give required notices of technical advisory committee meetings as set forth in the Subdivision Map Act. (Ord. 1127 §2(part), 1987).

17.88.125 Hearing by planning commission.

Not less than seventy-two hours after consideration by the technical advisory committee, the tentative map shall be considered at a public hearing by the planning commission. Prior notice of the public hearing shall be given to all affected property owners by the planning department. (Ord. 1127 §2(part), 1987).

17.88.130 Action by planning commission--Time limit.

The planning commission shall approve, conditionally approve, or disapprove the tentative map within fifty days from the filing of a complete application therefor unless, by mutual agreement of the applicant and the planning commission, such time limitation is extended. (Ord. 1127 §2(part), 1987).

17.88.140 Conditions of approval.

The planning commission may require as conditions of approval on the tentative map to be met before the final parcel map is filed any or all of the following:

A. Twenty-foot right-of-way provided to a single lot for driveway and public utility easement;

B. Thirty-foot right-of-way provided to two lots for driveways and public utility easement;

C. Fifty-foot minimum right-of-way provided for three or more lots for road and public utility easement;

D. All natural drainage courses shall be shown on the map;

E. Every parcel under five acres shall have an engineer’s report, registered sanitarian report or reasonable proof to the sanitarian that a septic sewage disposal system will function adequately;

F. The lot design shall meet the requirements as set forth in the zoning ordinance and amendments thereto;

G. Road alignment and grade shall conform to Title 12 of this code;

H. The estimated construction costs of any improvements required shall be approved by the public works director and shall be secured by faithful performance bond, cash deposit or certified check; and

I. The planning commission may require any additional conditions as it deems appropriate and reasonable for the proposed subdivision. (Ord. 1127 §2(part), 1987).

17.88.150 Written statement of planning commission’s action.

The secretary of the planning commission shall provide the applicant and his representative within five working days with a written statement of action taken by the planning commission on the tentative map. (Ord. 1127 §2(part), 1987).

17.88.160 Minimum requirements.

The planning commission shall approve or conditionally approve the tentative map, only when the following minimum conditions are met:

A. The information or basis for information shown on the map is accurate;

B. The proposed division as related to other intended or existing divisions would not constitute a subdivision as defined in the state and county subdivision laws;

C. All parcels of the map and intended use thereof will meet use, minimum building site area, site width, yard areas and access requirements of the county zoning ordinance;

D. Adequate access to all of the parcels will be provided;

E. Requirements of the county health department shall be observed in development of the parcels; and

F. All conditions that may be required under Sections 17.88.130 and 17.88.140. (Ord. 1127 §2(part), 1987).

17.88.170 Appeals board--Designated.

The county board of supervisors is designated as the appeals board and shall have the power to hear and decide appeals when it is alleged by the appellant that there is error in any order, requirement, decision or determination made by the planning commission in the administration or enforcement of this chapter. (Ord. 1127 §2(part), 1987).

17.88.180 Appeal--Filing--Hearing.

Any person, firm, or corporation, aggrieved or affected by any action in the administration or enforcement of this chapter, may within ten days file an appeal in writing with the clerk of the board of supervisors. The reasons of the appeal shall be outlined. Upon receipt of such appeal, the clerk shall schedule a public hearing of the appeal by the board of supervisors with notice given to all affected property owners in the same manner as was given for the planning commission hearing. (Ord. 1127 §2(part), 1987).

17.88.185 Appeal--Fee.

The fee for filing an appeal pursuant to Section 17.88.180 shall be thirty-five dollars, no part of which shall be refundable. (Ord. 1127 §2(part), 1987).

17.88.190 Appeal--Decision.

The board shall find that the decision appealed from shall be affirmed, reversed, or modified within fifty days of receipt of the appeal, unless mutual agreement is reached to extend such period by the board of supervisors and the applicant of the tentative map. Notice of the board of supervisors’ decision shall be mailed forthwith to the applicant and the appellant. (Ord. 1127 §2(part), 1987).

17.88.200 Parcel map--Preparation.

After the approval or conditional approval of the tentative map, a parcel map shall be prepared in conformity with the approved or conditionally approved tentative map and in the form of a parcel map produced by a licensed land surveyor or registered civil engineer pursuant to the state Subdivision Map Act. Said map may be compiled from record data available when survey information exists and when the location of any boundary of the parcel map is certain. (Ord. 1127 §2(part), 1987).

17.88.210 Parcel map--Certificate acknowledging conformance.

A certificate on the parcel map signed by the county surveyor as acknowledgment that the map is in accord with the approved or conditionally approved tentative map, shall be required in addition to the other certifications required by state law. (Ord. 1127 §2(part), 1987).

17.88.220 Parcel map--Filing.

The land division shall be deemed complete when the approved parcel map thereof is filed in the office of the county recorder. (Ord. 1127 §2(part), 1987).

17.88.230 Parcel map--Time limit for filing.

An approved or conditionally approved tentative parcel map shall expire thirty-six months after its approval or conditional approval. However, extensions of such time limit may be obtained upon application by the subdivider in the manner specified in Government Code Section 66463.5, subsection (c). (Ord. 1402 §5, 1996).

17.88.240 Enforcement.

It shall be the duty of the district attorney to enforce the provisions of this chapter pertaining to land divisions in the unincorporated territory of the county. (Ord. 1127 §2(part), 1987).

17.88.250 Violation--Penalty.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Such persons, firm, or corporation is deemed to be guilty of a separate offense or each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such persons, firm or corporation and shall be punished as provided in this chapter. (Ord. 1127 §2(part), 1987).

17.88.260 Division contrary to chapter--Nuisance.

Any land division or any use of any land divided contrary to the provisions of this chapter shall be, and the same is hereby declared to be unlawful and a public nuisance, and the district attorney shall, upon order of the board of supervisors, immediately commence action in the manner prescribed by law. (Ord. 1127 §2(part), 1987).

17.88.270 Remedies--Cumulative.

The remedies provided for in this chapter shall be cumulative and not exclusive. (Ord. 1127 §2(part), 1987).

For statutory provisions relating to parcel maps, see Bus. & Prof. Code §11575 et seq.