CHAPTER 1. SUBDIVISION OF LAND

ARTICLE 1. GENERAL PROVISIONS

7-01-1000 PURPOSES:

This Chapter is adopted to regulate the subdivision of land and to require the provision of certain prescribed improvements which are needed as a consequence of the subdivision of land, and in order to achieve the following purposes:

(a)    To implement the General Plan of Tulare County, hereinafter referred to as the General Plan, which has been adopted by the Board of Supervisors as a long range, comprehensive guide to the physical development of the County.

(b)    To provide lots of sufficient size and appropriate design for the purposes for which they are to be used.

(c)    To provide streets of adequate capacity for the anticipated traffic, which will utilize them and to insure that they are designed so as to minimize safety hazards to vehicles and pedestrians.

(d)    To preserve the natural assets of the County and to create new beauty through skilled subdivision design, and to provide a means for encouraging orderly development of hillsides and mountainous areas in the County by relating the number and distribution of dwelling units to the topographical, geological, and hydrological conditions so that the terrain will suffer minimum disfigurement by scarring and that the danger to life and property by the hazards of fire, flood, water pollution, soil erosion and land slippage will be minimized.

(e)    To provide for water supply, sewage disposal, storm drainage and other utilities needed for the public health, safety and convenience.

(f)    To insure that the costs of providing rights of way and improvements for vehicular and pedestrian movement, utilities and public areas needed to serve new developments are borne by the subdivider rather than by the property owners of the County at large.

(g)    To insure that land is subdivided in a manner which will promote the public health, safety, convenience and general welfare.

7-01-1005 SUBDIVISION MAP ACT:

The provisions of this Chapter are supplemental to the provisions of the Subdivision Map Act (66410 et seq. of the Government Code of the State of California) hereinafter referred to as the Subdivision Map Act.

7-01-1010 ADVISORY AGENCIES:

(a)    For the subdivisions for which tentative and final maps are required to be recorded under the Subdivision Map Act, the Planning Commission of the County of Tulare, herein referred to as the Planning Commission, is designated as the advisory agency referred to in the Subdivision Map Act.

(b)    For the subdivisions for which parcel maps are required to be submitted under the Subdivision Map Act and Article 15 of this Chapter, the Site Plan Review Committee, as established by 16.2 of Tulare County Ordinance 352, as amended, is designated as the advisory agency referred to in said requirements.

7-01-1015 OFFICERS: GENERAL AREAS OF RESPONSIBILITY:

(a)    The Planning and Development Director shall be responsible for processing subdivisions, for notifying and furnishing information to interested persons and agencies; for coordination of review and decision making and the provision of information regarding the status of all applications and permits for residential developments, as required by Government Code 65913.3; for coordination, accumulation, and presentation of data to the appropriate advisory agencies and the Board of Supervisors; for making recommendations relating to the overall design of subdivisions; for assuring compliance with the provisions of this Chapter and the Subdivision Map Act; and for making recommendations with regard to soil conditions that may lead to structural damage to buildings.

(b)    The Public Works Director shall be responsible for making recommendations pertaining to road and utility locations and improvements, drainage improvements necessary to protect roads, easements, lots and adjacent properties; and making recommendations pertaining to the grading, stability, and erosion control of soil.

(c)    The County Health Officer shall be responsible for making recommendations pertaining to water supply, solid and liquid waste disposal, and other matters affecting the general health of the public.

(d)    The County Fire Warden shall be responsible for making recommendations pertaining to fire prevention and means for protection from fire.

(e)    The Public Works Director, County Health Officer, and County Fire Warden shall submit their recommendations to the Planning and Development Director for submission to the appropriate advisory agency and Board of Supervisors. Each of said officers shall be responsible for making necessary inspections, with regard to the matters for which they are responsible, to assure compliance with the requirements of this Chapter, the Subdivision Map Act, and the conditions of approval.

7-01-1020 DEFINITIONS:

The definitions set forth in the following shall supplement the definitions set forth in the Subdivision Map Act and shall apply throughout this Chapter.

7-01-1025 "ALLEY":

"Alley" means a way permanently reserved primarily for vehicular service access to the rear or side of properties which also abut on a street.

7-01-1030 "BLOCK":

"Block" means a parcel of subdivided land bounded by streets or by streets and rights of way, unsubdivided lands, drainage channels or watercourses.

7-01-1035 "CUL DE SAC":

"Cul de sac" means a street which connects with another street only at one end and has a turnaround at the other end.

7-01-1040 "DRIVEWAY":

"Driveway" means a private vehicular access that serves no more than two buildings, with no more than three (3) dwelling units on one parcel, and any number of accessory buildings.

7-01-1045 "FLOODWAY":

"Floodway" means the same as that term is defined in 7-27-1010 of Chapter 27 of this Part.

7-01-1050 "FRONTAGE STREET":

"Frontage street" means a street which is parallel to and adjacent to a limited access highway or freeway, and which provides access to abutting properties while relieving them of the effects of heavy volumes of fast, through traffic.

7-01-1055 "FUEL BREAK":

"Fuel break" means a strip of land, varying in width depending on the fire hazard condition, that separates a community or cluster of structures from the native vegetation. All of the vegetation in such a strip need not be removed but may be thinned out or landscaped to reduce the volume of fuel so that a fire burning into the strip can be more readily controlled.

7-01-1060 "GREENBELT":

"Greenbelt" means any facility or land use, designed for a use other than fire protection, which will slow or resist the spread of a wildfire and includes maintained parking lots, irrigated or landscaped areas, golf courses, parks, playgrounds, maintained vineyards, orchards or farmed fields where annual crops do not cure in the field or any other similar use which the body which takes final action on the tentative map determines to be sufficiently resistant to the spread of wildfire.

7-01-1065 "HAMMERHEAD ‘T’":

"Hammerhead ‘T’" means a street or road that provides a "T" shaped three-point turnaround space for emergency equipment, being no narrower than the street or road that serves it.

7-01-1070 "LOT":

"Lot" means a parcel of subdivided land under one ownership used or susceptible of being used in accordance with the regulations of this Chapter and in accordance with the regulations of the applicable zoning ordinances of the County.

7-01-1075 "MOUNTAINOUS AREA":

"Mountainous area" means any area which is above 1,500 feet elevation according to United States Geological Survey Datum and any area below 1,500 feet elevation if more than fifty percent (50%) of the area included in the tentative map is composed of natural terrain having slopes in excess of twenty percent (20%).

7-01-1080 "OPEN SPACE":

"Open space" means any land designated for use for public or private recreational activities such as parks, playgrounds, golf courses, camping or picnic grounds, water courses or lakes, and forest preserves, or any other similar use which the body which takes final action on the tentative map determines to be sufficiently similar to such uses. Land shall not constitute "open space" unless the body which takes final action on the tentative map has satisfactory assurance of the continued use of the property as open space for a reasonable period of time, but not less than twenty (20) years, by reason of the fact that fee title, or an easement, leasehold or managerial interest, has been or will be conveyed to the Federal or State Government or any agency or political subdivision thereof, or to an association of home owners.

7-01-1085 "PEDESTRIANWAY":

"Pedestrianway" means a way designed for use by pedestrians which is not intended for use by automotive vehicles and which is not located within a street right of way.

7-01-1090 "PLANTING STRIP":

"Planting strip" means a strip between the sidewalk, where provided, and the street right of way line, or between the pavement of a frontage street and the limited access highway or freeway which it parallels, which is intended to be planted with trees or otherwise landscaped.

7-01-1095 "REVERSED CORNER LOT":

"Reversed corner lot" means a corner lot the side line of which is substantially the continuation of the front property line of the first lot to its rear.

7-01-1100 "ROAD":

"Road" means a vehicular access to more than one parcel; vehicular access to any commercial or industrial occupancy on one or more parcels; or vehicular access to a single parcel with more than two buildings or four or more dwelling units.

7-01-1105 "ROADWAY":

"Roadway" means any surface designed, improved, or ordinarily used for vehicular access or travel.

7-01-1110 "SAFETY AREA":

"Safety area" means an area or block of land on which the flammable fuel has been removed or permanently modified so as to make the area safe from fire. Open spaces, centrally located within a subdivision, such as parks, golf courses, green meadows, lakes with landscaped shorelines or other similar recreation or green belt areas may constitute a "safety area."

7-01-1115 "SELECTED FLOOD LINE":

"Selected flood line" means any one or more of the following flood lines, as they exist on September 29, 1986, and as they may be amended from time to time:

(a)    The flood line established pursuant to the Zoning Ordinance, designating that portion of the flood plain area of a river or stream which is within the F l Zone.

(b)    The flood line established on the Flood Insurance Rate Map (FIRM), the official map on which the Federal Emergency Management Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to Tulare County pursuant to the National Flood Insurance Act.

(c)    The flood line established on the Flood Boundary Floodway Map, the official map on which the Federal Emergency Management Administration has delineated both the areas of flood hazard and the floodway pursuant to the National Flood Insurance Act.

(d)    The flood line established on the Designated Floodway Map, the official map adopted by the Reclamation Board of the State of California when acting within its jurisdiction. Where there is conflict between flood lines so established, the line which encompasses the most area shall be deemed the "Selected Flood Line" for the purpose of this Chapter.

7-01-1120 "SIDEWALK":

"Sidewalk" means a way designed for use by pedestrians which is located within a street right of way.

7-01-1125 "STATE RESPONSIBILITY AREA":

"State Responsibility Area" means that area or those areas within the definition of a "State Responsibility Area" as set forth in the Zoning Ordinance of Tulare County, Tulare County Ordinance No. 352, as amended from time to time.

7-01-1130 "STREET":

"Street" means a road as defined in this article.

7-01-1135 "STUBBED STREET":

"Stubbed street" means a street which connects with another street only at one end and is intended to be extended or continued to serve future subdivisions on adjacent lands.

7-01-1140 "THOROUGHFARE":

"Thoroughfare" means a roadway except a driveway as defined in this Article.

7-01-1145 "TURNAROUND":

"Turnaround" means a street or road, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment.

7-01-1150 "TURNOUT":

"Turnout" means a widening in a street or road to allow vehicles to pass.

7-01-1155 STREETS AND ROADS: DEFINITIONS:

The following definitions shall apply to the streets and roads referred to in this Chapter:

(a)    "Class 1 Road" means a cul de sac or minor residential street so designed that it cannot serve more than fifty (50) lots, and the primary function of which is to provide access to abutting property.

(b)    "Class 2 Road" means a minor residential street so designed that it cannot serve more than one hundred twenty (120) lots, and the primary function of which is to provide access to abutting property.

(c)    "Class 3 Road" means a minor residential collector street that has, or is expected to have, the dual purpose of providing access to abutting property and of carrying traffic from Class 1 and Class 2 Roads to Select System roads.

(d)    "Select System Road" means a State Highway, Federal Aid Secondary Route, or an arterial or collector road which is existing or proposed, which has been designated for inclusion in the Select System by the Board of Supervisors with the approval of the State Division of Highways.

7-01-1160 DETERMINING ACREAGE AND AREA:

Unless otherwise stated, all acreage and lot area figures used in this Chapter refer to gross acreage or lot area, which includes the entire parcel being considered, including all areas subject to easements for roads or other purposes. In any section where net acreage or lot area is referred to, any portion of the property which is subject to public or private easements that limit the free use of the property including, but not limited to, public and private road easements, and easements for irrigation and storm drainage ditches and pipelines, shall be excluded when determining the acreage or lot area.

ARTICLE 3. DESIGN AND IMPROVEMENT REGULATIONS

7-01-1210 ZONING ORDINANCES:

A subdivision map shall conform to all zoning ordinances set forth in this Ordinance Code and Ordinance No. 352, with respect to uses of land, lot sizes and dimensions, space for off-street parking and off street loading areas and all other applicable regulations.

7-01-1215 REMAINDER PARCELS:

Except as otherwise expressly provided, all of the provisions and requirements of this Article shall be applicable to designated remainder parcels as well as to other lots in a subdivision.

7-01-1220 IMPROVEMENTS: SUPPLEMENTAL SIZE, CAPACITY OR NUMBER:

Pursuant to section 66485 of the Government Code of the State of California, a subdivider may be required to install improvements for the benefit of the subdivision which contain supplemental size, capacity or number for the benefit of property not within the subdivision and required to dedicate such improvements to the County. In such cases an agreement between the County and the subdivider shall be entered into pursuant to section 7-01-2065 of this Chapter.

7-01-1225 STREETS: RIGHTS OF WAY AND IMPROVEMENTS:

Rights of way for streets, cul de sacs and alleys shall be provided, and all street improvements shall be constructed, in accordance with the requirements of this Chapter and the improvement standards referred to in section 7-01-2025 of this Chapter. Rights of way and improvements may be required inside and outside the subdivision.

7-01-1230 SAME: INDUSTRIAL STREETS:

The geometric design of roads in areas zoned for industrial uses shall be based upon the specific traffic requirements of the area served, but shall have the following minimums:

Travel lane widths	12 feet
Parking lane widths	10 feet
Border widths	8 feet

The design velocity, maximum grade, maximum super-elevation and minimum right of way widths shall not be less than those specified for Select System Roads in the improvement standards referred to in section 7-01-2025 of this Chapter.

7-01-1235 SAME: CURBS AND GUTTERS:

In subdivisions which are not in mountainous areas, curbs and gutters shall be required on all lots if a majority of the lots in the subdivision contain less than two and one half (2 1/2) acres and/or have average widths of less than two hundred (200) feet.

7-01-1240 SAME: SIDEWALKS:

If all or any portion of the subdivision is located within the boundaries of an urban improvement area, as established by the General Plan, the subdivider shall provide sidewalks along all Select System Roads and Class 3 Roads in the subdivision. In addition, the body which takes final action on the tentative map may require sidewalks along any County road in a subdivision, including subdivisions located outside of said urban improvement areas, if sidewalks are found to be desirable for access to schools, playgrounds, shopping centers, or other community facilities. Sidewalks shall have a minimum width of four (4) feet and shall be contiguous to the curb unless the Public Works Director approves a different location. Sidewalks shall be constructed in accordance with the standards referred to in section 7-01-2025 of this Chapter.

7-01-1245 SAME: ROAD WIDTHS:

Road widths shall comply with the applicable geometric sections shown in the improvement standards referred to in section 7-01-2025 of this Chapter.

7-01-1250 SAME: DESIGN SPEEDS AND SUPER ELEVATIONS:

(a)    The minimum design speed for streets shall comply with the applicable design velocities shown in the improvement standards referred to in section 7-01-2025 of this Chapter.

(b)    Superelevations of subdivision streets shall comply with the criteria in the improvement standards referred to in section 7-01-2025 of this Chapter.

7-01-1255 SAME: GRADES:

(a)    In mountainous areas which are above three thousand (3,000) feet in elevation, the maximum grades on Class 1, 2 and 3 Roads shall be ten percent (10%). However, in very difficult terrain, grades may be allowed up to a maximum of twelve percent (12%) for short distances on Class 1 Roads with the approval of the County Road Commissioner.

(b)    In mountainous areas which are below three thousand (3,000) feet in elevation, the maximum grades shall be fifteen percent (15%) for Class 1 Roads, twelve percent (12%) for Class 2 Roads, and ten percent (10%) for Class 3 Roads.

(c)    In subdivisions which are not in mountainous areas, the maximum grades shall be as shown in the improvement standards referred to in section 7-01-2025 of this Chapter. The minimum grades shall not be less than fifteen one hundredths of one percent (0.15%).

7-01-1260 SAME: CORNERS:

Property line return radii shall be a minimum of ten (10) feet except in mountainous areas where the minimum radii shall be twenty (20) feet.

7-01-1265 STREETS: DESIGN:

(a)    Street intersections shall be as near right angles as practicable and in no case shall the angle of intersection be less than seventy (70) degrees.

(b)    Streets located on opposite sides of an intersecting street shall have their center lines directly opposite each other where physically possible; otherwise the center lines shall be separated by not less than one hundred fifty (150) feet.

(c)    Subdivision streets which constitute continuations of streets in contiguous territory shall be aligned so that their center lines coincide. In cases where straight continuations are not physically possible, center lines shall be continued by curves.

(d)    The bottom surface of the base course of any street located within selected flood lines which is necessary to provide access to the subdivision shall be at least one (1) foot above the elevation of the selected flood unless flood control devices approved by the Tulare County Flood Control District will provide protection for such streets or unless, in the opinion of the County Public Works Director, such streets are adequately protected from appreciable flood damages or there is no necessity for flood protection.

(e)    In mountainous areas, if a Class 1 or Class 2 Road intersects a Class 3 Road, and adequate signs for a full stop will be provided by the subdivider, the radius of curvature and the slight distance for the Class 1 or Class 2 Road may be fifty (50) feet and eighty five (85) feet, respectively, within one hundred fifty (150) feet of the intersection.

(f)    The centerline grades of intersecting streets shall not exceed six percent (6%) for a distance of fifty (50) feet from the point of intersection on Class 1 and 2 Roads and seventy (70) feet on Class 3 Roads.

7-01-1270 STREETS IN SUBDIVISIONS ADJOINING UNSUBDIVIDED LAND:

(a)    If a subdivision adjoins unsubdivided land, streets which may be extended in the event of the subdivision of the adjoining land shall be provided to the boundary line of the subdivision. On the final map, a single lot shall be shown across the end of such street, contiguous and parallel to the unsubdivided land, and said lot shall be one (1) foot wide and run the full width of the street. Fee title to said lot shall be conveyed to the County at the time the final map is recorded. The deed conveying said lot to the County shall be in a form approved by the County Counsel which shall be adequate to prevent the person owning the unsubdivided land adjoining the subdivision from having access to said street until the land required to extend said street is acquired by the County. Said deed shall also provide for the automatic transfer of the County’s interest in said lot, except for an easement for street purposes, to the appropriate lot owners in the subdivision when the land required to extend said street is acquired.

(b)    If a street is located adjacent and parallel to the boundary line of a subdivision, the subdivider may dedicate one half (1/2) of the right of way and install all required improvements in the right of way dedicated. On the final map the subdivider shall designate a single lot running the entire length of such street, contiguous and parallel to the unsubdivided land, which shall be one (1) foot in width. Fee title to said lot shall be conveyed to the County at the time the final map is recorded. The deed conveying said lot to the County shall be in a form approved by the County Counsel which shall be adequate to prevent the person owning the unsubdivided land adjoining the subdivision from having access to said street until the land required to widen said street is acquired by the County. Said deed shall also provide for the automatic transfer of the County’s interest in said lot, except for an easement for street purposes, to the appropriate lot owners in the subdivision when the land required to widen said street is acquired by the County.

(c)    None of the other provisions of this Chapter which govern the size or shape of lots, or are otherwise applicable to lots, shall apply to the lots to be conveyed to the County pursuant to this section. Said lots shall be lettered consecutively commencing with the letter "A."

7-01-1275 RESERVE STRIPS:

Reserve strips controlling access to and from streets, alleys and pedestrianways shall not be permitted except as provided in section 7-01-1270 of this Chapter.

7-01-1280 CUL DE SACS:

(a)    In subdivisions which are not in mountainous areas, cul de sacs shall not exceed six hundred sixty (660) feet in length and shall terminate with a circular turnaround constructed in accordance with the improvement standards referred to in section 7-01-2025 of this Chapter.

(b)    In mountainous areas, cul de sacs shall not exceed one thousand (1,000) feet in length. The minimum radius of the right of way of the cul de sac shall be forty five (45) feet and the minimum radius of the paved portion shall be thirty seven (37) feet. The minimum distance from the centerline of the road to the edge of the right of way shall be twenty (20) feet. The sight distance shall be a minimum of eighty five (85) feet within one hundred fifty (150) feet of the center of the bulb.

(c)    The maximum paved slope across the bulb of a cul de sac shall be six percent (6%).

7-01-1285 STUBBED STREETS:

Stubbed streets shall be completely improved to the boundary of the subdivision. The boundaries of the subdivision shall not be distorted for the purpose of eliminating stubbed streets. In State Responsibility Areas, temporary turnabouts with a pavement radius of forty (40) feet shall be constructed on stubbed streets which are more than one (1) lot in length. In all other areas, temporary turnabouts with a pavement radius of thirty (30) feet shall be constructed on stubbed streets which are more than one (1) lot in length.

7-01-1290 FRONTAGE STREETS:

Parallel to a limited access highway or freeway, a frontage street, separated from the limited access highway or freeway by a planting strip, shall be required for access to a contiguous subdivision. Such frontage streets will not be required when the lots of the subdivision adjacent to the limited access highway or freeway are oriented so as to back into said highway or freeway and a waiver of access rights to said highway or freeway has been acquired by a public agency or such access rights are waived in an appropriate certificate on the final map.

7-01-1295 PRIVATE STREETS AND ALLEYS:

Private streets and alleys shall be improved by the subdivider to the same standards as public streets and alleys, in accordance with the standards referred to in section 7-01-2025 of this Chapter.

7-01-1300 PRIVATE STREETS AND ALLEYS: MAINTENANCE:

When required by the General Plan or any specific or community plan, the subdivider shall make provision through recorded covenants running with the land, irrevocable trusts, or other method approved by the Board of Supervisors, for the future maintenance and repair of all private streets, alleys, and other private vehicular access easements required by this Chapter. Such maintenance and repair shall be in accordance with the standards applied at the time the subdivision was approved. If the method used requires agreement or acceptance by the Board of Supervisors, the Board may, by resolution, authorize the Public Works Director and duly authorized employees in his office to execute such agreement or signify such acceptance. The Board of Supervisors shall approve a form agreement or acceptance for this purpose.

7-01-1305 STREET NAMES AND NUMBERS:

Street names and numbers shall conform to the Specific Plan of Street Names and Numbers and House Numbers.

7-01-1310 ALLEYS:

(a)    Alleys of thirty (30) feet or more in width may be required at the rear of lots in areas zoned for commercial or industrial use.

(b)    In subdivisions not zoned for commercial or industrial use, alleys of twenty (20) feet or more in width may be required.

(c)    Alleys shall be constructed in accordance with the standards referred to in section 7-01-2025 of this Chapter.

(d)    If two (2) alleys intersect, the corners shall be cut either on a twenty (20) foot radius to which the lot boundaries are tangent or on a straight line connecting points on both lot lines fifteen (15) feet from the corner of the lot at the intersection of the alleys.

7-01-1315 BICYCLE PATHS:

In accordance with section 66475.1 of the Government Code of the State of California, if any subdivision contains two hundred (200) or more lots, and if the subdivider is required to dedicate roadways to the public, he may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision.

7-01-1320 GENERAL REQUIREMENTS FOR LOTS:

(a)    No lot shall be divided by the boundary line of a county, city, school district, or any other taxing district.

(b)    In a subdivision in which the lots may be resubdivided at some future time, the location of lot lines and other details of layout shall be such that resubdivision may readily take place without violating the requirements of this Chapter or the Zoning Ordinance and without interfering with the orderly extension of adjacent streets.

(c)    All lots shall be adequately drained and sloped in such a manner that surface water is conducted to underground drains, drainage channels or gutters approved by the Public Works Director.

(d)    Double frontage lots shall not be permitted except where necessary to prevent residential development from fronting on a major street, a limited access highway or a freeway or where necessitated by topographic or other physical conditions.

(e)    Reversed corner lots shall not be permitted except when they contribute to the proper design and function of a subdivision or when necessary because of topographies or other physical conditions.

(f)    Site Evaluations shall be conducted on each parcel to determine its suitability for onsite sewage disposal. A site evaluation shall determine that adequate soil depth is present in the effluent dispersal area, and that the required separation between the bottom of the effluent dispersal system to groundwater and limiting layers has been met.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1325 LOTS: SIZE AND SHAPE: GENERAL PROVISIONS:

In addition to the other provisions of this Article governing the size and shape of lots, the following general provisions shall be complied with:

(a)    The size and shape of lots shall be appropriate for the locality in which the subdivision is situated, the topography of the land and the proposed use. The body which takes final action on the tentative map, pursuant to section 7-01-1745 of this Chapter, may require the size and shape of lots to be adjusted if said body determines that the above criteria have not been complied with.

(b)    When computing the required minimum area of lots, any portion of a lot which is within an F-l Zone which is not combined with another zone shall not be included.

(c)    If sewage disposal is to be provided by individual septic systems, regardless of the means of providing water to the lots, the net acreage or area shall be used when computing the acreage or area of the lot.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1330 LOTS: SIZE: MOUNTAINOUS AREAS:

The minimum lot sizes for single family dwelling units for subdivisions in mountainous areas shall be based on the Slope Area Diagram (Plate 1).

When computing the minimum lot sizes pursuant to the Slope-Area Diagram (Plate 1), the subdivision shall be divided into separate areas which have generally similar soil characteristics and generally similar slopes. Then the determination of soil type, pursuant to section 7-01-1335 of this Article, and the computation of the percentage of slope, pursuant to section 7-01-1340 of this Article, shall be computed separately for each of said areas and the Slope-Area Diagram (Plate 1) shall then be applied separately to each area to determine the lot size applicable within that area. If the entire subdivision has generally similar soil characteristics and slope, then the entire subdivision may be considered as a single area for the purpose of making such computations. If the Director of Planning determines that the subdivider is not making a proper division of the subdivision into areas, he may direct the subdivider to make a different division of areas.

7-01-1335 SAME: DEFINITIONS FOR SLOPE AREA DIAGRAM:

The following definitions shall govern the use of the diagram set forth in section 7-01-1330 of this Article:

(a)    The term "acceptable soils" means soils having the following characteristics:

(1)    Percolation tests shall be performed in accordance with the Onsite Wastewater Management Guidance Manual.

(2)    A site evaluation shall determine that adequate soil depth is present in the effluent dispersal area. Separation of the bottom of the effluent dispersal system to impermeable soils or groundwater shall not be less than two (2) feet.

(3)    The area to be utilized for a disposal field shall not be subject to flooding or ponding by a ten (10) year flood or storm or of a greater magnitude.

(b)    The term "poor soils" means soils having the following characteristics:

(1)    Percolation test results in the effluent disposal area shall not be faster than one minute per inch (1 MPI) or slower than one hundred twenty minutes per inch (120 MPI). All percolation test rates shall be performed in accordance with the Onsite Wastewater Management Guidance Manual.

(2)    An average depth of soil less than (2) feet with inadequate soil structure, soil texture, or displaying evidence of saturation.

(c)    The term "questionable soils" means all soils which do not come within the definition of "acceptable soils" or "poor soils."

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1340 SAME: DIAGRAM: PERCENTAGE OF SLOPE:

To determine the percentage of slope, for use in the diagram set forth in section 7-01-1330 of this Article, the contour measurement method shall be used. The following formula shall be used to determine the average terrain slope of a given area:

S =	2.29 x 10-3 IL
	A

 

S	=	Average slope of terrain in percent.
A	=	Total number of acres in given area.
L	=	Length of contour lines in scaled feet.
I	=	Vertical distance of contour interval in feet.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1345 SAME: DIAGRAM: COMMUNITY SEWAGE SYSTEMS:

When a community sewage system is to be provided in a subdivision in a mountainous area, the minimum lot size may be reduced down to, but not beyond, the minimum lot area prescribed by Line No. 1 in the diagram set forth in section 7-01-1330 of this Article.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1350 LOTS: SIZE: NONMOUNTAINOUS AREAS:

For subdivisions which are not in mountainous areas, the lot sizes shall not be less than the minimums specified in the Zoning Ordinance and they shall comply with the minimum requirements in this section as well. The minimum lot area shall be one acre for parcels created where sewage disposal is provided by individual onsite systems. If both water and sewage disposal are provided by means of public systems, the minimum lot area shall be six thousand (6,000) square feet for interior lots and seven thousand (7,000) square feet for corner lots. These minimum lot areas are based on the subdivision having an adequate soil mantle depth and soil permeability, and larger lots shall be required when the subdivision does not meet any of these qualifications.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1355 LOT WIDTHS AND DEPTHS:

(a)    The average width of each lot shall conform to the requirements of the Zoning Ordinance in zoned areas. If the average lot width is not specifically stated in the Zoning Ordinance, the average width of each interior residential lot shall be not less than sixty (60) feet and the average width of each corner residential lot shall be not less than seventy (70) feet.

(b)    The average depth of each residential lot shall be not less than one hundred (100) feet. The average depth of each residential lot shall be not more than one hundred fifty (150) feet if the area of the lot is less than eight thousand (8,000) square feet.

(c)    Each residential lot shall have a minimum of forty (40) feet frontage on a street.

(d)    In mountainous areas, the average lot width shall be at least one fourth (1/4) of the average lot depth. In all other areas, the average lot width shall be at least one-third (1/3) of the average lot depth. The requirements of this subsection shall not be applicable to any lot which is ten (10) acres or more in size.

(e)    Lots of the type commonly known as "panhandle," "flag" and "dumbbell" lots, and other lots with extreme variances in width or depth, shall not be permitted unless they are proper under subsection (a) of section 7-01-1325 of this Article. However, panhandle lots shall be allowed in mountainous areas if all of the following requirements are complied with:

(1)    One (1) or more of the side or rear lot lines, having a total length of fifty (50) feet or more, are adjacent to an area of open space, as defined in section 7-01-1080 of this Chapter, and said area of open space has a depth of at least three hundred (300) feet measured at right angles from an adjacent lot line.

(2)    The subdivider constructs a private access road on the panhandle portion of the lot, which need not be paved, having a minimum width of fifteen (15) feet if serving one (1) lot and a minimum width of twenty (20) feet if serving two (2) or more lots. If there is evidence of excessive clay soils and/or the proposed finished access road will have grades of fifteen percent (15%) or more, the subdivider shall construct a paved surface having a minimum width of ten (10) feet if serving one (1) lot and a minimum width of sixteen (16) feet if serving two (2) or more lots.

(3)    Additional fire hydrants will be installed by the subdivider, if found necessary by the County Fire Warden, to provide adequate fire protection to the panhandle lots.

(4)    Sufficient evidence is presented to the body that takes final action on the tentative map to establish to their satisfaction that there is no other practical way to develop or use the land involved and that, because of the nature of the topography or extreme irregularities in the boundaries of the subdivision, failure to allow the panhandle lot would deprive the subdivider of beneficial use of the property.

7-01-1360 LOTS: SIDE LINES:

The side lines of lots shall run at right angles to the street upon which the lot faces, as far as practicable. However, in mountainous areas, the side lines of lots may be adjusted in order to provide adequate access to lots if approved by the Planning and Development Director.

7-01-1365 BLOCKS:

(a)    Blocks shall not exceed one thousand three hundred twenty (1,320) feet in length except where necessitated by topographic or other physical conditions. Long blocks shall be provided adjacent to four lane streets in order to reduce the number of intersections.

(b)    The depth of blocks shall be sufficient to allow two (2) tiers of lots with rear easements as required, but blocks shall not exceed three hundred (300) feet in depth except where necessitated by topographic or other physical conditions.

7-01-1370 RAILROADS AND GRADE CROSSINGS:

(a)    If a subdivision adjoins a railroad right of way and the General Plan or the Zoning Ordinance designates the property for industrial use, the streets nearest to and having the same general alignment as the railroad shall be as nearly parallel thereto as practicable and at a sufficient distance therefrom to provide suitable depth for industrial sites between the street and the railroad.

(b)    If a subdivision adjoins a railroad and the street layout involves a railroad grade crossing, the possibility of a grade separation or other treatment shall be considered, and the plan of the subdivision may be required to conform to prescribed conditions in anticipation of a grade separation or other treatment.

7-01-1375 DRAINAGE:

(a)    The subdivider shall provide structures with storm sewers and drainage channels necessary for adequate drainage of surface and storm waters generated by the subdivision or flowing across the subdivision. Disposal of surface and storm waters into drainage wells, drainage lines or into leaching lines of individual sanitary sewage disposal systems shall not be permitted. Except in areas located within selected flood lines, the design of drainage facilities shall be based on the ten (10) year storm and approved by the Public Works Director prior to the commencement of construction.

(b)    If the subdivision is traversed by watercourses, channels, streams or creeks for which floodways or selected flood lines have not been established, the subdivider shall dedicate rights of way or easements for storm drainage purposes conforming substantially with the lines of such watercourses, channels, streams or creeks, if he has sufficient title to make such conveyances, and shall dedicate such additional rights of way as shall be required by the Public Works Director for structures or channel changes or both to dispose of surface and storm waters.

(c)    If all or a portion of the subdivision is located within the boundaries of a PD F, Planned Development Foothill Zone, established pursuant to the Zoning Ordinance, and the final geological-hydrological report indicates the presence of slopes in excess of fifteen percent (15%) and/or soils characterized by slow infiltration rates and high runoff potential, the subdivider shall provide drainage structures designed to detain the stormwater generated by the subdivision within the subdivision site in order to prevent potential erosion, sedimentation and flooding.

7-01-1380 SAME: PONDING LOTS:

(a)    If it is not feasible to provide for an adequate system of drainage outside of the subdivision, a ponding lot or lots shall be required within the subdivision to provide for drainage of surface and storm waters generated in the subdivision or flowing across the subdivision. The ponding lot or lots shall be located adjacent to the probable route of any drainage facility that might be constructed in the future in order to facilitate connection to such drainage facility when it is constructed.

(b)    The area of the ponding lot or lots shall be established on the basis of one (1) subdivision lot for each twenty (20) lots in the subdivision if the subdivision lots average one half (1/2) acre or less in area, and one (1) lot for each thirty (30) lots in the subdivision if the subdivision lots average more than one half (1/2) acre in area. In determining the number of subdivision lots to be dedicated as a ponding lot or lots, the above computations shall be adjusted to the nearest full subdivision lot. The subdivision lot or lots provided shall have an area equal to or greater than the average area of all the lots in the subdivision.

(c)    Ponding lots shall have one and one half (1/2) feet of freeboard, a maximum water depth of three (3) feet and a water surface elevation of one half (1/2) foot below the grate flow line of the lowest catch basin in the system. Ponding lots shall be constructed in accordance with the improvement standards referred to in section 7-01-2025 of this Chapter.

(d)    The subdivider shall convey an easement to the County for the use of said ponding lot or lots, or he may convey fee title to the County if he prefers.

7-01-1385 FIRE PROTECTION:

(a)    Fire Hydrants shall be provided in a subdivision if the lots are served by a community water system. The hydrants shall be designed and constructed in accordance with the standards for water systems referred to in section 7-01-2025 of this Chapter.

(b)    Fuel breaks and safety areas may be required by the body which takes final action on the tentative map, pursuant to section 7-01-1745 of this Chapter, in potential fire hazard regions, as designated by the County Fire Chief. Provision for adequate maintenance of fuel breaks and safety areas shall be provided by the subdivider prior to the approval of a final map.

(c)    Subdivisions located in potential fire hazard regions, as designated by the County Fire Chief, shall have two (2) access routes.

(d)    If a greenbelt or greenbelts are proposed as part of a subdivision, the greenbelt or greenbelts shall be located so as to serve as a separation area between wild land fuels and structures. The location of the greenbelt or greenbelts shall be approved by the Fire Chief.

(e)    If a subdivision is proposed in a State Responsibility Area and a fire hydrant or fire hydrants are not required, an approved water supply meeting the requirements of NFPA 1142 shall be provided.

(Amended by Ord. No. 3407, effective 6-3-10)

7-01-1390 SEWAGE DISPOSAL: SANITARY SEWER SYSTEM:

All lots within a subdivision shall be connected to a sanitary sewer system operated by a political subdivision if the trunk line or other access point is located within one thousand three hundred twenty (1,320) feet of any portion of the subdivision. Individually developed parcels shall be connected to a sanitary sewer system if the trunk line or other access point is located within two hundred (200) feet of any proposed building or exterior drainage facility. However, such connection to a sanitary sewer system shall not be required if the political subdivision will not allow the connection or if the political subdivision will not make satisfactory arrangements with the subdivider for reimbursement to the subdivider for additional connections to the sewer line by other property owners outside of the subdivision. If sewage disposal is to be provided pursuant to this section, the governing board controlling the sewer system shall submit a letter to the Planning and Development Director indicating the ability of the system to handle sewage from the subdivision and that satisfactory arrangements have been made with the subdivider for connection to the system.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1395 SEWAGE DISPOSAL: SEPTIC TANKS:

If connection to a sanitary sewer system is not required under section 7-01-1390 of this Article, provision shall be made for adequate sewage disposal by the installation of individual sewage disposal systems, such as septic tanks and effluent dispersal systems, unless the body taking final action on the tentative map determines that such a method of sewage disposal will not be adequate for the subdivision or would be in violation of the Subdivision Map Act. A letter shall be submitted by the County Health Department certifying that field investigation, and the tests and reports submitted by the subdivider, show that ground slopes and soil conditions will allow satisfactory sewage disposal by this method, with the lot arrangement and the sizes as set forth on the subdivision map. Individual sewage systems shall comply with all applicable provisions of Chapter 13 (commencing with section 4-13-1000) of Part IV of this Ordinance Code and, to protect water quality and public health, shall comply with the following setback requirements:

Table 7-01-1395 Minimum Required Setback Distances for OWTS
Site Feature	Septic Tank	Dispersal Field	Seepage Pit
Non-Public Water Supply Wells and Springs	100 feet	100 feet1	150 feet1
Public Water Supply Wells and Springs	100 feet3	150 feet1, 2, 3, 10	150 feet1, 2, 3, 10
Property line adjoining private property (with domestic well)	25 feet	50 feet	75 feet
Property line adjoining private property (with municipal water)	5 feet	5 feet	75 feet
Watercourses:
- General	100 feet2, 10	100 feet2, 10	150 feet2, 10
- Between 1,200 to 2,500 feet from a Public Water System intake	100 feet	200 feet	200 feet
- Within 1,200 feet from a Public Water System intake	100 feet	400 feet	400 feet
Drainage way/swale, ephemeral streams, creeks, unlined irrigation ditch or canal, and other flowing or surface bodies of water	100 feet4	100 feet4	150 feet4
Lakes, ponds, stormwater/recharge basins, and other surface water bodies	100 feet	200 feet	200 feet
Lined ditches, lined canals, lined watertight culverts	15 feet	15 feet	15 feet
Residential on-site stormwater basins	15 feet	15 feet	15 feet
Seepage Pits4	5 feet	5 feet	12 feet
Dispersal field4	5 feet	4 feet6	5 feet
Cuts or steep embankments (from top of cut)	10 feet	4xh7, 8	4xh7, 8
Steep slopes (from break of slope)	10 feet	4xh7, 8	4xh7, 8
Unstable Land Mass9	100 feet	100 feet	100 feet
1. Drainage piping shall clear domestic water supply wells by not less than 50 feet. This distance shall be permitted to be reduced to not less than 25 feet where the drainage piping is constructed of materials approved for use within a building. 2. Where the effluent dispersal system is within 1,200 feet from a public water system’s surface water intake point, within the catchment of the drainage, and located such that it may impact water quality at the intake point such as upstream of the intake point for flowing water bodies, the dispersal system shall be no less than 400 feet from the high-water mark of the reservoir, lake or flowing water body. Where the effluent dispersal system is located more than 1,200 but less than 2,500 feet from a public water system’s surface water intake point, the dispersal system shall be no less than 200 feet from the high-water mark of the reservoir, lake, or flowing water body. 3. The horizontal separation distances are generally considered adequate where a significant layer of unsaturated, unconsolidated sediment less permeable than sand is encountered between ground surface and groundwater. These distances are based on present knowledge and past experience. Local conditions may require greater separation distances to ensure groundwater quality protection. 4. These minimum clear horizontal distances shall also apply between dispersal fields, seepage pits, and the mean high-tide line. 5. Where dispersal fields, seepage pits, or both are installed on sloping ground, the minimum horizontal distance between any part of the leaching system and ground surface shall be 15 feet. 6. Plus 2 feet for each additional 1 foot of depth in excess of 1 foot below the bottom of the drain line. 7. h equals the height of the cut or embankment, in feet. The required setback distance shall not be less than 25 feet nor more than 100 feet. 8. Steep slope is considered to be land with a slope of >30% and distinctly steeper (at least 20% steeper) than the slope of the adjacent tank or dispersal field area. 9. Unstable land mass or any areas subject to earth slides identified by a registered engineer or registered geologist; other setback distances are allowed, if recommended by a geotechnical report prepared by a qualified professional. 10. Where the dispersal system is greater than 20' in depth, and less than 600' from public water supply well, then the setback must be greater than the distance for two-year travel time of microbiological contaminants, as determined by qualified professional. In no case shall the setback be less than 200'.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1400 SAME: COMMUNITY DISPOSAL SYSTEM:

If connection to a sanitary sewer system is not required under section 7-01-1390 of this Article, and if the body which takes action on the final map determines that individual sewage disposal systems shall not be used pursuant to section 7-01-1395 of this Article, then the subdivider shall construct a community disposal system. Plans for such sewage systems shall be submitted to the County Health Department for approval. Construction shall not be commenced upon any such system until all portions of the system have been approved, in writing, by the County Health Department and until provision has been made for maintenance of the system after it is constructed.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1405 SEWAGE SYSTEMS: SIZE REQUIREMENTS:

The Tulare County On-Site Wastewater Guidance Manual (Manual) shall govern the siting, design, installation, component quality, operation, monitoring, and maintenance of on-site wastewater systems in Tulare County. Copies of the Manual will be maintained and made available to the public at the RMA and EHD offices.

The Tulare County Manual shall be adopted by resolution of the Tulare County Board of Supervisors. The RMA, based on observed need, may propose modifications of the Manual. When changes are proposed to the Manual, the changes shall be presented to the Board for adoption by an amending resolution.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1410 SAME: ALTERNATIVE DESIGN SEWAGE SYSTEMS:

Alternative dispersal systems are a type of system that utilizes a method of wastewater dispersal other than a standard effluent dispersal field in native soil. These systems may be permitted after approval of the design prepared by a State of California registered civil engineer, registered geologist, registered environmental health specialist, a certified soil scientist, or other approved professional. Any OWTS or component of an OWTS, except a septic tank or dosing tank, that performs additional wastewater treatment so that the effluent meets a predetermined performance requirement prior to discharge of effluent into the dispersal field shall not be approved.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1415 DOMESTIC WATER: MEANS OF SUPPLYING:

Provisions shall be made for providing an adequate and safe supply of water to all lots in the subdivision and no tentative subdivision map shall be approved unless there is assurance of such an adequate and safe supply of water. Subject to the requirements of sections 7-01-1420 and 7-01-1425 of this Article, water may be supplied by one of the following means:

(a)    Connection to a public utility, in which case a letter from the public utility company shall be submitted to the Planning Director indicating its ability to serve the proposed subdivision.

(b)    Establishment of a mutual or private water system subject to approval by the County Health Department of the quality and safety of the proposed water supply.

(c)    Service from individual wells or springs which have been approved by the County Health Department as to the quality and safety of the proposed supply.

The water systems shall be designed and installed in accordance with the standards referred to in section 7-01-2025 of this Chapter.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1420 SAME: PLANNED DEVELOPMENT FOOTHILL ZONE AND MOUNTAINOUS AREAS:

(a)    If any lot in the subdivision is less than five (5) acres in size, and all or a portion of the subdivision is in a mountainous area, domestic water for the subdivision shall be supplied only by the means set forth in subsection (a) or in subsection (b) of section 7-01-1415 of this Article, and water shall not be supplied from individual wells or springs pursuant to subsection (c) of section 7-01-1415.

(b)    Regardless of the provisions of subsection (a) of this section, if any lot in the subdivision is less than ten (10) acres in size, and all or a portion of the subdivision is within the boundaries of the PD-F, Planned Development Foothill Zone, established pursuant to the Zoning Ordinance, domestic water for the subdivision shall be supplied only by the means set forth in subsection (a) or in subsection (b) of section 7-01-1415 of this Article.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1425 SAME: NONMOUNTAINOUS AREAS:

The domestic water for subdivisions which are not in mountainous areas shall be supplied by the means set forth in subsection (a) or in subsection (b) of section 7-01-1415 of this Article. Domestic water may be supplied by means of wells or springs on individual lots only under the following circumstances:

(a)    If all of the lots in the subdivision are to be one (1) acre or more, water may be supplied from wells or springs on individual lots, pursuant to subsection (c) of section 7-01-1415 of this Article, if the body which takes final action on the tentative map, pursuant to section 7-01-1745 of this Chapter, finds, on evidence submitted by the subdivider and the County Health Department, that an adequate supply of potable water is available and can be obtained from wells or springs for all lots in the subdivision and, if individual sewage disposal systems will be used, that such individual sewage disposal systems will be located and constructed so as not to contaminate any existing or proposed well or any existing stream or underground water supply on the property to be subdivided or adjoining property.

(b)    If any of the lots in the subdivision are to be less than one (1) acre, water may be supplied from wells or springs on individual lots, pursuant to subsection (c) of section 7-01-1415 of this Article, only if sewage disposal is provided by a sanitary sewer system or a community disposal system pursuant to sections 7-01-1390 and 7-01-1400 of this Article, and if the body which takes final action on the tentative map finds, on evidence submitted by the subdivider and the County Health

Department, that an adequate supply of potable water is available and can be obtained from wells or springs for all lots in the subdivision.

7-01-1430 UTILITY EASEMENTS:

The tentative and final subdivision maps shall show the proposed location of easements for the placement of utilities where necessary to provide the subdivision with electric power, communication facilities, street lighting, sewer lines and gas lines. Such easements shall be labeled "Easements for Public Utilities."

7-01-1435 STREET LIGHTING:

In subdivisions where the electrical service will be underground, the subdivider may be required to provide ducts from the underground electrical wiring installed in the subdivision to places within the subdivision where street lights may be constructed at some future time. In determining whether a subdivider shall be required to construct any such ducts in the subdivision, the body taking final action on the tentative map shall only require such ducts to be constructed in those cases where it appears under Resolution No. 71-4871 of the Board of Supervisors that a street light will be needed at such location after houses have been constructed on some or all of the subdivision lots, and that the County will pay the cost of the electricity. The subdivider shall contact the utility company providing electricity to the subdivision to determine the duct size required, the location with respect to other underground facilities, the size of pull wire required and the method of capping the duct. The subdivider is not required to provide the electric service cable.

7-01-1440 WAIVER OF ACCESS RIGHTS:

Waiver of rights of direct access to streets and highways may be required pursuant to the provisions of section 66476 of the Government Code of the State of California.

7-01-1445 SIGNS AND TRAFFIC CONTROL DEVICES:

(a)    The subdivider shall provide one (1) street name sign at each intersection within the subdivision. The subdivider shall also provide such additional signs and traffic control devices as are required by the body approving the tentative map. The types and locations of all signs and traffic control devices shall be approved by the Public Works Director.

(b)    In mountainous areas where steep cut and fill slopes prevent parking off the paved portion of a road, if the Board of Supervisors adopts an ordinance prohibiting parking in such areas prior to the final acceptance of the subdivision improvements by said Board, the subdivider shall provide the signs required to designate such areas where parking is prohibited. The improvement plans shall indicate the specific areas where parking is to be prohibited. The type of signs and the locations shall be approved by the Public Works Director.

(c)    If the subdivider and Public Works Director mutually agree that the County shall furnish and install the signs and/or traffic control devices required by this section, the subdivider shall reimburse the County for the full cost of furnishing and installing such signs and/or traffic control devices.

7-01-1450 COMMERCIAL AREAS:

(a)    When property is designated on the General Plan or by the Zoning Ordinance for commercial use, the plan of the subdivision shall be appropriate for such use. Streets shall have adequate capacity to handle the anticipated traffic that will utilize them. Insofar as possible, streets shall be laid out so that there will be direct access to the commercial area from Select System or Class 3 Roads without utilizing lesser streets or traversing residential areas. Lot areas and dimensions shall conform to the requirements of the Zoning Ordinance and shall be adequate to accommodate the yard spaces, off-street parking facilities and off-street loading facilities required by the Zoning Ordinance and such additional spaces and other service facilities as are needed for the type of use and development contemplated.

(b)    In accordance with Government Code section 66412.1(a), the financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction or existence of two or more commercial buildings on a single lot or parcel which property is designated in the General Plan or by the Zoning Ordinance for commercial use shall be exempt from the preliminary, tentative, and final subdivision and parcel map filing and processing procedures of this Chapter provided a Site Plan for the construction has been reviewed and approved by the Site Plan Review Committee pursuant to Section 16.2 of Tulare County Zoning Ordinance (Tulare County Ordinance No. 352 as amended). In order to qualify for this exemption, the Site Plan shall comply with all the design and improvement standards and conditions otherwise required for such maps by this Chapter, the applicable regulations of the Zoning Ordinance, and such other design and improvement standards as may be adopted from time by time by resolution of the Tulare County Planning Commission or Board of Supervisors.

(Amended by Ord. No. 3291, effective 12-9-03)

7-01-1455 INDUSTRIAL AREAS:

(a)    When property is designated on the General Plan or the Zoning Ordinance for industrial use, the plan of the subdivision shall be appropriate for such use. Streets shall be laid out so that there will be direct access to the industrial area from Select System or Class 3 Roads without utilizing lesser streets or traversing residential or commercial areas. Lot areas and dimensions shall conform with the requirements of the Zoning Ordinance and shall be adequate to accommodate the yard spaces, off-street parking facilities and off-street loading facilities required by the Zoning Ordinance and such additional spaces and other service facilities as are needed for the type of use and development contemplated.

(b)    In accordance with Government Code section 66412.1(a), the financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction or existence of two or more industrial buildings on a single lot or parcel which property is designated in the General Plan or by the Zoning Ordinance for industrial use shall be exempt from the preliminary, tentative, and final subdivision and parcel map filing and processing procedures of this Chapter provided a Site Plan for the construction has been reviewed and approved by the Site Plan Review Committee pursuant to Section 16.2 of Tulare County Zoning Ordinance (Tulare County Ordinance No. 352 as amended). In order to qualify for this exemption, the Site Plan shall comply with all the design and improvement standards and conditions otherwise required for such maps by this Chapter, the applicable regulations of the Zoning Ordinance, and such other design and improvement standards as may be adopted from time by time by resolution of the Tulare County Planning Commission or Board of Supervisors.

(Amended by Ord. No. 3291, effective 12-9-03)

7-01-1460 PLANNED UNIT DEVELOPMENTS:

If, in accordance with the provisions of the Zoning Ordinance, a use permit has been granted authorizing a planned unit development on the land or a portion of the land proposed to be subdivided, the plan of the subdivision shall be appropriate for the planned unit development. Exceptions to the subdivision regulations, which are necessary to make the planned unit development practicable may be authorized in accordance with the provisions of Article 19 of this Chapter.

7-01-1465 HAZARDOUS AREAS:

Areas subject to slides or other similar hazards to public safety shall not be subdivided unless preventative measures have been taken by the subdivider, under the direction of an engineering geologist, soils scientist or registered civil engineer, which are satisfactory to the body which takes final action on the tentative map pursuant to section 7-01-1745 of this Chapter.

7-01-1470 FLOODING AND PONDING AREAS:

Areas which are located within a floodway or selected flood lines or which are otherwise subject to the ponding of surface water shall not be subdivided until one or more of the following measures have been taken to prevent such flooding or ponding:

(a)    If any portion of the subdivision is located within a floodway or selected flood lines, the subdivider shall provide flood control devices to divert flood waters from the areas in the subdivision to be developed and shall dedicate such rights of way or easements as may be required by the Tulare County Flood Control District for the disposal of flood water. The subdivider shall design the subdivision to insure that the conveyance capacities of the selected flood are not diminished or velocities increased and that public and private property damage by flooding, both to properties within and adjoining the subdivision, will be avoided.

(b)    All public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed to minimize flood damage.

(c)    Building pads may be required in order to assure that development within the subdivision conforms to the flood damage prevention requirements set forth in Chapter 27 of this Part. If building pads are required, the elevation certificates described in section 7-01-2035 shall also be required.

The County Public Works Director shall review measures taken or proposed to be taken by the subdivider to prevent flooding or ponding of surface water and shall file a report with the Planning and Development Director on the adequacy of such measures.

7-01-1475 SOLAR ENERGY REQUIREMENTS FOR RESIDENTIAL SUBDIVISIONS:¹

(a)    PURPOSE: Due to the increasing costs of energy for single family residences and the public benefit in developing alternative energy sources, the County desires to promote the public welfare by insuring that single families have access to residences using renewable energy resources. In addition, use of renewable energy sources as solar energy may assist in the reduction of greenhouse gas emission and can be considered for that purpose in any residential housing project review.

(b)    REQUIREMENTS: Solar photovoltaic systems (commonly known as solar panels) or alternative energy systems shall be installed on a specific percentage of single family residences in each new residential development proposed through a subdivision map application requiring County discretionary approval. A "single family residence" means a "dwelling, one family" as defined in the Tulare County Ordinance Code. The solar photovoltaic system or alternative energy system shall have a generation capacity to be determined on a project by project basis, but not less than 1.5kW (kilowatts) per dwelling. The kW value shall be based upon the manufacturer’s nameplate rating for the photovoltaic system/alternative energy system or other comparable measurement system as determined by the County. This requirement shall be imposed as a condition of approval by the final County decision-maker on the subdivision map application subject to this Chapter. If a map or tract is built in phases, this requirement shall be fulfilled for each phase. These systems or facilities shall comply with all other, relevant County regulations, including but not limited to any height or visibility restrictions unless exempted by state law. This requirement will be imposed according to the following sliding scale:

1)    Of fifty (50) units to one hundred forty nine (149) units, ten percent (10%) shall have solar photovoltaic or alternative energy systems.

2)    Of one hundred fifty (150) units to four hundred ninety nine (499) units, twenty percent (20%) shall have solar photovoltaic or alternative energy systems.

3)    Of five hundred (500) units or more, twenty-five percent (25%) shall have solar photovoltaic or alternative energy systems.

(c)    ALTERNATIVE ENERGY SYSTEMS: The Planning Commission or Board of Supervisors, whichever is the final decision making body considering the subdivision map application, may allow the use of alternative energy systems in place of the "solar photovoltaic systems" requirement contained in subsection (b), as a condition of map approval. Provided, however, that the County finds that the energy savings from such alternative energy systems will equal or exceed all the other requirements for solar photovoltaic systems contained in subsection (b). Alternative energy systems include, wind, geothermal, hydroelectric, biomethane, solar (including solar hot water heaters and solar thermal electric) or as otherwise defined as a renewable energy resource by the California Public Utilities Commission or the California Energy Commission. Such alternative systems shall comply with all other, relevant County regulations, including but not limited to any height or visibility restrictions unless exempted by state law.

(d)    EXEMPTIONS: This requirement shall not apply to parcel map applications or subdivision map applications proposing for any of the following types of development:

A)    Less than 50 units,

B)    Multiple Family Dwellings, the design of which does not support individual unit solar systems,

C)    Affordable housing projects for low and very low income households as identified by the Tulare County Housing Element.

(e)    CENTRALIZED SOLAR AND ALTERNATIVE ENERGY SYSTEMS: Rather than installing solar photovoltaic systems or alternative energy systems on each individual single family residence, as provided by subsection (b), an applicant may elect to construct all or part of the solar energy facilities in a centralized location. Provided, however, that the centralized solar energy facilities or other centralized alternative energy systems will equal or exceed all the other requirements for solar photovoltaic systems contained in subsection (b). Subject to approval by the County, the map application would also have to provide for the perpetual operation and maintenance of the system for the life of the subdivision, and ensure that no cost is incurred by the County. An applicant may not utilize a centralized solar or alternative energy system which has been utilized as mitigation measure for a separate unrelated project or as part of California’s Renewable Portfolio standard to fulfill the requirements of this section. If a map or tract is built in phases, the solar energy system requirement shall be fulfilled prior to the sale of any lots in that phase. These systems or facilities shall comply with all other relevant County regulations, including but not limited to any height or visibility restrictions unless exempted by state law.

(f)    EXCEPTIONS: PRACTICAL DIFFICULTIES: The Planning Commission or Board of Supervisors, whichever is the final decision-making body considering the subdivision map application, may exempt development from this section upon finding that application of this section would be infeasible as that term is defined under the California Environmental Quality Act or a finding that application of this section would contravene state or federal law.

(Added by Ord. No. 3487, effective 12-17-15)

ARTICLE 5. FEES

7-01-1520 SCHEDULE OF FEES: PLANNING AND DEVELOPMENT DIRECTOR:

(a)    Unless otherwise provided, the Board of Supervisors shall adopt, from time to time by resolution, a schedule of fees applicable to all applications and filings made with the Resource Management Director pursuant to this Chapter and Chapter 3 of this Part.

SCHEDULE OF FEES
Preliminary map for a subdivision for which tentative and final maps are required under the Subdivision Map Act	$2,176.00
Preliminary map for a subdivision for which a parcel map is required under the Subdivision Map Act	$996.00
Application for waiver of preliminary map requirement	$165.00
Initial Fee for Health Officer review of geological hydrological report required by this Chapter	$61.00
Tentative map for a subdivision filed under section 7-01-1695 of this Chapter:
Total Number of Lots on Tentative Map
2-12	$2,511.00
13-25	$2,515.00 plus $103.00 per lot over 12 lots
26-50	$3,859.00 plus $71.40 per lot over 25 lots
51-100	$5,647.00 plus $38.80 per lot over 50 lots
More than 100	$7,577.00 plus $11.90 per lot over 100 lots
A designated remainder parcel shall be counted as a lot for the purpose of computing the fee to be paid.
Request for an extension of time for a tentative subdivision map	$315.00
Minor revision to tentative subdivision map or tentative parcel map	$1,226.00
Major revision to tentative subdivision map or tentative parcel map	One half (1/2) of the fee required for filing a tentative subdivision or parcel map, not less than $1,751
Appeal of Planning Commission decisions on tentative subdivision maps	$324.00
Tentative parcel map filed under section 7-01-2285 of this Chapter:
Total Number of Lots on Tentative Parcel Map
1-4	$1,166.00 plus $515.00 per lot
More than 4	$3,226.00 plus $68.50 per lot over 4 lots
A designated remainder parcel shall be counted as a lot for the purpose of computing the fee to be paid.
Tentative parcel which is substantially the same as, and which applies to the same property as, a tentative parcel map which has expired by operation of Section 66452.6 of the Subdivision Map Act provided the map is refiled within one (1) year of expiration.	One-half (1/2) if the fee required for filing a tentative parcel map
Application for waiver of the final parcel map	$195.00
Request for an extension of time for a tentative parcel map	$190.00
Lot line adjustment map filed under section 7-01-2525 of this Chapter:
Total Number of Lots on Lot Line Adjustment Map After the Adjustment
2	$1,097.00
More than 2	$1,117.00 plus $168.00 per lot over 2 lots
Application for exception in conjunction with:
Tentative Subdivision Map	$719.00
Tentative Parcel Map	$224.00
Additional fee for application for exception after approval of final subdivision or parcel map if lots have been sold or committed for sale and a public hearing is required	$240.00
Appeal of Site Plan Review Committee decisions on tentative parcel maps	$324.00
Application for Certificate of Compliance where (a) the present owner was not the subdivider, the buyer or the person contracting to purchase the property which is the subject of the Certificate at the time it was first divided, or (b) the property described in the Certificate was not subject to the Subdivision Map Act at the time it was first divided:
Total Number of Lots Described in the Application
1-4	$328.25 plus $96.50 per lot
More than 4	$702.25 plus $12.84 per lot over 4
Application for certificate of compliance which does not qualify under (a) and (b) of the foregoing fee:
Total Number of Lots Described in the application
1-4	$998.00 plus $386 per lot
More than 4	$2,494.00 plus $51.34 per lot over 4
Appeal of decisions on certificates of compliance and lot line adjustments	$300.00

(b)    In addition, any application for a tentative map for a subdivision filed under Section 7-01-1695 of this Chapter or a parcel map filed under Section 7-01-2285 of this Chapter which is subject to review by the Airport Land Use Commission pursuant to Section 21670 et seq of the California Public Utilities Code shall be accompanied by an additional fee established by that Commission to defray the cost of the review.

(c)    An additional fee in the amount of Ten Dollars ($10.00) shall be collected for each preliminary and tentative map, lot line adjustment and certificate of compliance application to defray the expenses incidental to maintaining and enhancing the automated permit processing equipment and software utilized in the Planning and Development Department for processing planning and building permits and certificates.

(d)    In accordance with Sections 26906 and 29740 et seq of the Government Code of the State of California, and Section 130 of this Ordinance Code, the County Auditor is authorized to refund twenty-five percent (25%) of fees paid to the Planning and Development Director for any of the foregoing tentative maps, revisions or lot line adjustments if an existing Environmental Impact Report (EIR) or Negative Declaration may be utilized for the project in accordance with the California Environmental Quality Act of 1970, as amended. No refunds may be granted unless the Planning and Development Director determines that (1) the project is subject to the California Environmental Quality Act; (2) an existing Environmental Impact Report (EIR) or Negative Declaration can be utilized for the project: and (3) no subsequent or supplemental EIR or Negative Declaration is required pursuant to Sections 21166 of the California Public Resources Code or Section 15162 of the State Guidelines for Implementation of the California Environmental Quality Act. Such refunds shall be granted upon filing a written request by the applicant with the Planning and Development Director and upon certification by the Director as to the amount of the refund due to the applicant pursuant to this subsection.

(e)    Unless otherwise provided herein, whenever there is a joint filing of multiple applications and the applicant consents to the consolidated processing of those applications, the applicable filing fees shall be reduced by twenty-five percent (25%). As used herein, the term "multiple applications" shall consist of two (2) or more applications for changes of zone, special use permits (including amendments thereto), variances, planned unit developments and planned developments, tentative subdivision maps or tentative parcel maps (including vesting maps), building line setback variances, flood variances and surface mining permits and reclamation plans (including amendments thereto) which pertain to the same project.

(Amended by Ord. No. 3184, effective 6-7-97) (Amended by Ord. No. 3262, effective 10-2-01)

7-01-1525 ADDITIONAL FEES: VESTING TENTATIVE MAPS:

Unless otherwise provided, the Board of Supervisors shall adopt, from time to time by resolution, fees, in addition to those adopted under section 7-01-1520, applicable to subdividers who file vesting maps pursuant to the Subdivision Map Act to defray the additional expenses incidental to processing the map. These additional fees are also intended to recover the direct costs associated with establishing and adopting County procedures for vesting tentative maps in accordance with section 66498.8 of the Government Code of the State of California.

ADDITIONAL VESTING MAP FEES
Preliminary Map for a Vesting Tentative Subdivision Map	$705.00
Vesting Tentative Map for a subdivision filed under section 7-01-1695 of this Chapter	$342.00
Preliminary Map for a Vesting Tentative Parcel Map	$400.00
Vesting Tentative Map for a Parcel Map filed under section 7-01-2285 of this Chapter	$217.00

(Amended by Ord. No. 3262, effective 10-2-01)

7-01-1530 SCHEDULE OF FEES: PUBLIC WORKS DIRECTOR:

Unless otherwise provided, the Board of Supervisors shall adopt, from time to time by resolution, a schedule of fees applicable to all applications and filing made with the Public Works Director pursuant to this Chapter.

 

Final map of a subdivision filed in accordance with Section 7-01-1960 of this Chapter

$1,412.00 plus $25.00 for each lot in the proposed subdivision

Plan checking and inspection of improvements required for a subdivision filed under section 7-01-1960 of this Chapter:

Total Estimated Cost of all improvements
$200,000 or less	3% of the estimated cost
$200,001 $500,000	$6,000.00 plus 2% of the estimated cost in excess of $200,000
More than $500,000	$12,000.00 plus 1 1/2% of the estimated cost in excess of $500,000; provided, however, if the actual cost incurred by the County is less than the total fee paid, the subdivider may apply for a refund of fee paid in excess of the actual cost to the County.
Final parcel map filed in accordance with section 7-01-2385	$776.00
Plan checking and inspection of improvements required for a parcel map filed under section 7-01-2385 of this Chapter	3% of the total cost of constructing the improvements required by the County, provided, however, that the minimum fee shall be $100.00
Inspection of private vehicular access improvements required for a parcel map filed under Section 7-01-2385 of this Chapter (no plan check fee required)	2% of the total cost of constructing the private vehicular access required by the County, provided, however, that the minimum fee shall be $67.00
Map checking of reversion to acreage map filed under Article 23 of this Chapter	$163.00
Checking of a certificate of correction or an amending map of a final map or parcel map filed under Article 7, Chapter 3 of the Subdivision Map Act	$163.00
Plan checking of grading, drainage and/or erosion control plans filed in accordance with conditions of approval of the following: (a) tentative maps approved under this Chapter; (b) site plans, variances, special use permit and planned developments approved under the Tulare County Zoning Ordinance (Ordinance #352 as amended) and (c) surface mining and/or reclamation plans approved under Chapter 25 of this Part.	$144.00
Plan checking of water and/or fire suppression system plans filed in accordance with conditions of approval of the following: (a) tentative parcel maps approved under this Chapter; (b) special use permits approved under the Tulare County Zoning Ordinance (Ordinance No. 352, as amended), and (c) building permits issued under Chapter 15 of Part VII of this Ordinance	$144.00

(Amended by Ord. No. 3184, effective 6-7-97) (Amended by Ord. No. 3262, effective 10-2-01)

7-01-1535 STATE RESPONSIBILITY AREAS:

Unless otherwise provided, the Board of Supervisors shall adopt, from time to time by resolution, fees, in addition to the fees set forth in Article 5 of Chapter 1 of Part VII of the Ordinance Code of Tulare County, applicable to subdividers who file maps for property located all or in part within the State Responsibility Areas (SRAs) to defray the additional expenses to the County Fire Warden incidental to processing the maps.

ADDITIONAL SRA FEES
Preliminary Map for a subdivision for which tentative and final maps are required under the Subdivision Map Act	$75.00
Tentative Map for a subdivision filed under section 7-01-1695 of this Chapter	$150.00
Tentative Map for a parcel map filed under section 7-01-2285 of this Chapter	$75.00

(Amended by Ord. No. 3262, effective 10-2-01)

ARTICLE 7. PRELIMINARY MAP

7-01-1585 PRELIMINARY MAP: FEES:

Prior to submitting a tentative map, a subdivider shall submit to the Planning and Development Director twelve (12) copies of a preliminary map and such additional copies as may be required for transmission to interested public and private agencies. At the time of filing the preliminary map, the subdivider shall pay to the Planning and Development Director the applicable fee set forth in Article 5 of this Chapter to defray the expenses incidental to processing the map. Upon submittal, the Planning and Development Director shall transmit one (1) copy of the preliminary map to each of the other members of the Site Plan Review Committee established pursuant to section 16.2 of the Zoning Ordinance, together with requests for recommendations thereon. Additional copies of the preliminary map shall be transmitted to the County Fire Warden and to each public and private agency to which a copy of the tentative map will be transmitted, in accordance with section 7-01-1695 of this Chapter, with a request for recommendations on the proposed subdivision.

7-01-1590 WAIVER OF PRELIMINARY MAP: FEES:

In the event the subdivider wishes to file the tentative map without filing a preliminary map, he may file with the Planning and Development Director an application for waiver of the preliminary map requirement. The application shall fully state the grounds for the waiver and, in particular, why the filing of the preliminary map would not serve the purposes set forth in section 7-01-1000 of this Chapter. The subdivider shall pay the applicable fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of processing the application for waiver. If the Planning and Development Director determines that filing of the preliminary map and holding a design conference will not serve the purposes set forth in section 7-01-1000 of this Chapter, he may waive the requirements for filing a preliminary map; however, the Planning and Development Director may not under any circumstances waive the filing of a preliminary map for a subdivision for which a vesting tentative map is to be filed or for a subdivision to be located within the boundaries of a zone, established pursuant to the Zoning Ordinance, which requires a site plan review for subdivisions.

7-01-1595 FORM:

The preliminary map shall be complete as to form and contain the information required by section 7-01-1600 of this Article. The preliminary map shall be clearly and legibly drawn. The size of the sheet shall be appropriate to allow proper review, as determined by the Planning and Development Director. The scale of the map shall be one (1) inch equals one hundred (100) feet or a decimal fraction or a multiple of one hundred (100) feet.

7-01-1600 INFORMATION ON PRELIMINARY MAP:

The preliminary map shall contain the following information:

(a)    Location of proposed subdivision with reference to section, township and range.

(b)    Names and addresses of record owner and subdivider.

(c)    Name and address of person who prepared the map.

(d)    Date of preparation.

(e)    North point.

(f)    Scale and graphic scale.

(g)    Boundaries of the proposed subdivision.

(h)    Locations of streets, alleys and pedestrianways within the proposed subdivision.

(i)    Names and locations of streets and alleys adjacent to the proposed subdivision.

(j)    Suggested locations of street extensions and street connections in surrounding unsubdivided properties.

(k)    Approximate grades of all streets or parts of streets exceeding six percent (6%).

(l)    Lot lines and approximate dimensions.

(m)    Locations of proposed public areas.

(n)    Locations of permanent physical features affecting the design of the proposed subdivision, including any hazardous areas as specified in section 7-01-1465 of this Chapter.

(o)    The specific use intended for each lot in the subdivision.

(p)    Approximate contour lines if necessary to illustrate the influence of topographic conditions on the design of the subdivision. An aerial photograph or a topographic model of the property may be submitted in lieu of indicating contour lines on the preliminary map.

(q)    Locations and names of watercourses, location of floodway and or selected flood lines together with the elevation of the base flood, and location of areas subject to ponding of surface water.

(r)    A tentative drainage plan indicating provisions for drainage and storm water control and, for any area which is located within selected flood lines, the proposed method of flood protection.

(s)    If a vesting tentative map is to be filed, the preliminary map shall have printed conspicuously on its face the words "Preliminary Map for Vesting Tentative Map."

7-01-1605 PRELIMINARY SITE PLAN REQUIRED BY ZONING:

If the property proposed to be subdivided is located within the boundaries of a zone, established pursuant to the Zoning Ordinance, which requires a site plan review for subdivisions, a site plan and associated documents prepared in accordance with the requirements of the Zoning Ordinance shall be submitted with the map. The information required to be shown in a preliminary site plan may be incorporated onto the preliminary map rather than on a separate document.

7-01-1610 PRELIMINARY GEOLOGICAL HYDROLOGICAL REPORT:

(a)    The preliminary map shall be accompanied by a preliminary geological hydrological report prepared by a registered civil engineer or a registered geologist.

(b)    If the Planning and Development Director determines that sufficient accurate information is already available with regard to any or all of the matters to be covered in a preliminary geological hydrological report, he may waive a report on such matters.

(c)    The preliminary geological- hydrological report shall contain a general analysis of the following factors with regard to the property to be subdivided:

(1)    Geological structure of the property, including the identification of all potential geological hazards which can be ascertained.

(2)    A general report on the several matters that will be covered in more detail in the final geological hydrological report to be submitted at a later date pursuant to section 7-01-1725 of this Chapter.

(3)    Stability of soil for cuts and fills.

(4)    Seismicity.

(5)    Probability of a permanent ground water supply on the property adequate to supply the anticipated needs of the subdivision.

(6)    Potential erosion and sedimentation problems.

(7)    Other special factors deemed to be pertinent to the proposed subdivision by the person preparing the report.

(d)    The preliminary geological hydrological report, and the final geological hydrological report if required under section 7-01-1725 of this Chapter, shall serve as a basis for decisions pertaining to adequacy and safety of the water supply, the suitability of soils for subdivision and the suitability of the site with regard to other geological characteristics.

7-01-1615 SAME: FEES FOR HEALTH OFFICER REVIEW:

At the time of filing the preliminary geological-hydrological report the subdivider shall pay the initial fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of the County Health Officer in reviewing the report. The County Health Officer shall keep accurate records of the actual costs associated with the review. Upon completion of the design conference required in section 7-01-1630 of this Article, the Health Officer shall bill the subdivider for the actual costs of the review in excess of the initial fee and the subdivider shall pay the cost thereof to the Health Officer. The Planning and Development Director shall withhold acceptance of the tentative map pursuant to section 7-01-1695(d) of this Chapter until the fee for the Health Officer’s review of the preliminary geological-hydrological report is paid.

7-01-1620 STATEMENTS TO ACCOMPANY PRELIMINARY MAP:

The preliminary map shall be accompanied by the following statements:

(a)    Methods to be used for disposal of liquid and solid wastes.

(b)    Method of supplying domestic water.

7-01-1625 ENVIRONMENTAL IMPACT:

At the time of filing the preliminary map, the subdivider shall file an application with the Planning and Development Director for the environmental studies and reports required for the proposed subdivision under the Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.). Thereafter, the subdivider shall, from time to time, provide such fees, additional data and information as may be required by the Planning and Development Director to complete the required studies and reports under said law and the rules and regulations adopted pursuant thereto.

7-01-1630 DESIGN CONFERENCE:

Within ten (10) days after the date of submission of the preliminary map, the Site Plan Review Committee established pursuant to section 16.2 of the Zoning Ordinance, shall conduct a design conference with the subdivider. Representatives of the Fire Warden, cities, school districts, water districts, irrigation districts, community service districts, the State Division of Highways, utility companies and other public and private agencies affected by the proposed subdivision may attend the design conference. The Planning and Development Director, the Public Works Director, the Health Officer, and the Fire Warden or their authorized representatives shall make recommendations to the subdivider regarding the conformity of the preliminary map with the provisions of this Chapter and other applicable ordinances and regarding possible improvements in the design of the subdivision plan. Representatives of public and private agencies to which the preliminary map was transmitted may make recommendations to the subdivider regarding the proposed subdivision.

7-01-1635 REPORT ON DESIGN CONFERENCE:

The Planning and Development Director shall furnish a written report of the recommendations presented at the design conference to the subdivider, the other members of the Site Plan Review Committee, the Planning Commission and to each public and private agency to which a copy of the preliminary map was submitted. In those cases in which the Board of Supervisors will be taking final action on the tentative map, a copy of said report shall be filed with said Board.

7-01-1640 MASTER PLAN:

(a)    Subsequent to the preliminary design conference, if one is held, and at least ten (10) days before filing a tentative map, the subdivider shall file with the Planning and Development Director a master plan of all of the lands adjacent to the proposed subdivision which are owned by him and which constitute a potential subdivision. The subdivider may also include adjacent land owned by other persons. The master plan shall consist of the following:

(1)    A generalized layout of a road pattern.

(2)    An indication of the type and functional relationship of the proposed land uses.

(3)    Such additional designs and elements as the Planning and Development Director may require in order to evaluate the proposed subdivision.

(b)    The Planning and Development Director may waive the requirement of a master plan in connection with a proposed subdivision if he determines that a master plan would not be necessary to evaluate the proposed subdivision. Said master plan shall be furnished, unless waived by the Planning and Development Director, even though the Planning and Development Director has waived the filing of a preliminary map and the holding of a design conference.

ARTICLE 9. TENTATIVE MAP

7-01-1690 SUPPLEMENTAL PROVISIONS:

The requirements and procedures set forth in this Article are supplemental to the Subdivision Map Act.

7-01-1695 TENTATIVE SUBDIVISION MAP: FILING: FEES: DISTRIBUTION:

(a)    The subdivider shall deliver to the Planning and Development Director twenty five (25) prints of the tentative map or ten (10) prints and two (2) sepia line transparencies, or equal, from which diazo type prints can be produced.

(b)    At the time of delivering the tentative map, the subdivider shall pay to the Planning and Development Director the applicable fee set forth in Article 5 of this Chapter to defray the expenses incidental to processing the map.

(c)    The tentative map shall be delivered to the Planning and Development Director prior to the completion of final surveys of streets and lots and before grading or construction work is begun within the proposed subdivision which might be affected by changes in the tentative map.

(d)    The tentative map shall not be deemed to be filed until the Planning and Development Director has made the review authorized by section 65943 of the Government Code of the State of California and has determined whether the map and accompanying documents are complete. When the Planning and Development Director has determined that said map and documents are complete, and transmitted the written notice that the map and documents are complete, or when the thirty (30) day period has expired, all as set forth in said section 65943, the tentative map shall be deemed to be filed. If the Planning and Development Director notifies the subdivider that the map and documents are not complete, the tentative map shall not be deemed to be filed until the Planning and Development Director determines that all information required by the notice has been provided by the subdivider.

(e)    Within five (5) days after the delivery of the tentative map and accompanying statements, the Planning and Development Director shall transmit copies of the tentative map to the Public Works Director, the County Health Department, the County Fire Warden, and to each of the public utilities affected, together with requests for recommendations on the proposed subdivision. In addition, the Planning and Development Director shall transmit copies of the tentative map to Cities, the State Department of Transportation, and to each school district within which the subdivision is located, in accordance with the Subdivision Map Act. The Planning and Development Director may also transmit copies of the tentative map and accompanying statements to water districts, irrigation districts, community services districts and other public and private agencies affected by the proposed subdivision, together with requests for recommendations on the proposed subdivision.

7-01-1700 FORM OF TENTATIVE MAP:

The tentative map shall be clear and legible. The size of the sheet shall be appropriate to allow proper review, as determined by the Planning and Development Director. The scale of the map shall be one (1) inch equals one hundred (100) feet or multiples of one hundred (100) feet.

7-01-1705 INFORMATION ON TENTATIVE MAP:

A tentative map shall contain the following information:

(a)    A tract number which shall be assigned by the Planning and Development Director at the time that the tentative map is filed.

(b)    Name and address of the record owner of the property to be subdivided, name and address of the subdivider if the owner is not the subdivider, and the name and address of the engineer or surveyor.

(c)    Date of preparation.

(d)    North point, scale and graphic scale.

(e)    A key map showing the proposed subdivision and surrounding subdivisions and streets located within one quarter (1/4) mile radius of the boundaries of the proposed subdivision.

(f)    Boundary lines.

(g)    A statement of any intent to file multiple final maps from the proposed tentative map if multiple final maps are to be filed.

(h)    Locations of street lights.

(i)    Locations and widths of all streets within the proposed subdivision. Profiles shall also be provided for any portion of a street located within selected flood lines which is necessary for access to the subdivision.

(j)    Names, locations and widths of streets adjacent to the proposed subdivision.

(k)    Locations and widths of alleys.

(l)    Approximate grades of all streets or parts of streets having a grade of more than six percent (6%); profiles shall be furnished where the topography presents a problem.

(m)    Approximate radii of street curves.

(n)    Typical cross sections of streets and alleys which do not conform to the standards referred to in section 7-01-2025 of this Chapter.

(o)    Locations and widths of any pedestrian ways within the proposed subdivision.

(p)    Lot lines and approximate dimensions.

(q)    All lots numbered consecutively, commencing with the number "1" (one), with no omissions or duplications, except for the lots covered by section 7-01-1270 of this Chapter which shall be lettered consecutively commencing with the letter "A."

(r)    Locations and approximate dimensions of proposed public areas and bicycle paths.

(s)    Locations, widths and character of access rights and easements to and along any public waterway, river or stream and locations, widths and character of access rights to any lake or reservoir owned by a public agency.

(t)    Waivers of rights of access to and from streets, lots and other parcels of land, and locations and widths of lots to be conveyed to the County pursuant to section 7-01-1270 of this Chapter.

(u)    Widths and locations of all existing or proposed public and private easements.

(v)    Locations of Specific Plan lines.

(w)    Locations of all structures and improvements, including subsurface structures and improvements. For any such structures or improvements that will remain in the subdivision, the distance between such structures or improvements and the proposed lot lines shall be shown.

(x)    Locations of city boundary lines.

(y)    Contours shall be shown at five (5) foot intervals for terrain having a natural slope of five percent (5%) or more. On areas with a slope of less than five percent (5%), and areas located within selected flood lines, the contours shall be shown at two (2) foot intervals.

(z)    The location, width, depth and direction of flow for all watercourses, both natural and artificial, the location of any areas subject to inundation, and the location of floodways and/or selected flood lines together with the elevation of the base flood.

7-01-1710 INFORMATION ON VESTING TENTATIVE MAP:

In addition to the information set forth in section 7-01-1705 a vesting tentative map shall contain the following information:

(a)    The map shall have printed conspicuously on its face the words "Vesting Tentative Map."

(b)    If the vesting tentative map is for a subdivision whose intended development is inconsistent with the Zoning Ordinance set forth in this Ordinance Code or with Ordinance No. 352, as amended, the inconsistency shall be noted on the tentative map.

(c)    The map shall contain such additional information as may be required by the Site Plan Review Committee in its report on the design conference for the preliminary map required by section 7-01-1635 of this Chapter.

7-01-1715 STATEMENTS TO ACCOMPANY TENTATIVE MAP:

The tentative map shall show thereon or be accompanied by the following statements:

(a)    Legal description of the property.

(b)    Existing use or uses of the property, including the location of all existing structures to remain on the property.

(c)    Proposed uses of the property, including a statement of the relative proportions of the total area of the subdivision proposed to be devoted to each use.

(d)    Specific source and type of water supply (e.g., drilled well, dug well, spring, etc.).

(e)    Method of sewage disposal.

(f)    A tentative drainage plan indicating provisions for drainage and storm water control and, for any area which is located within selected flood lines, the proposed method of flood protection.

(g)    Types of street improvements and utilities which the subdivider proposes to install.

(h)    Description of street tree planting plan and other landscape plans, if review of such plans by the Planning Commission is desired.

(i)    Statement of other improvements proposed to be made or installed.

(j)    Statement of the time when improvements are proposed to be made or installed.

(k)    Deed restrictions, if any.

(l)    Description and location of community facilities, including schools, parks, playgrounds, shopping center and other facilities, which would serve the proposed subdivision.

(m)    Description of the proposed subdivision, including the number of lots, average and minimum sizes of lots, type of development and any other information which would be useful to the Planning Commission in reviewing the tentative map.

(n)    A statement or preliminary title report describing all rights of way and easements to which the property to be subdivided is subject.

(o)    The names and addresses of all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that the subject of the tentative map.

(p)    If a vesting tentative map is to be filed, it shall be accompanied by such additional information, plans and documents as may be required by the Site Plan Review Committee in its report on the design conference for the preliminary map required by section 7-01-1635 of this Chapter.

(q)    If the subdivider desires that notices, reports and other communications from the Planning Commission, the Board of Supervisors, and other officers and agents of the County be sent to him in care of his engineer, surveyor or other authorized agent, he shall attach to the tentative map a statement to that effect. If such a statement is attached to the tentative map, all notices, reports and communications required under the provisions of this Chapter shall be sent to the subdivider in care of the engineer, surveyor, or other authorized agent named in said statement.

7-01-1720 REPORTS CONCERNING PLANS AND ENVIRONMENTAL IMPACT:

In those cases where there is a likelihood that the subdivision may be disapproved for failure to comply with the requirements of sections 66473.5, 66474 or 66474.5 of the Government Code of the State of California, the subdivider shall file with the tentative map such reports by appropriate experts and such other information as the subdivider desires to submit to show that the subdivision is eligible for approval. The body reviewing the tentative map shall not be bound by the facts and conclusions set forth in such reports and may reach conclusions which differ from those submitted. The body reviewing the tentative map or the Planning and Development Director may request the subdivider to provide additional evidence on any such matter.

7-01-1725 FINAL GEOLOGICAL HYDROLOGICAL REPORT:

(a)    The tentative map shall be accompanied by six (6) copies of a final geological hydrological report prepared by a registered civil engineer or registered geologist.

(b)    If the Planning and Development Director determines that sufficient accurate information is already available with regard to any or all of the matters to be covered in a final geological hydrological report, he may waive a report on such matters.

(c)    The final geological hydrological report shall contain a more definitive evaluation of the factors contained in the preliminary geological hydrological report prepared pursuant to section 7-01-1610 of this Chapter and shall cover the following matters:

(1)    A detailed geological map indicating bedrock, soil, alluvium, faults, sheers, permanent joint systems, seeps or springs, soil or bedrock slumps, landslides and other failures.

(2)    All proposed grading, topographical relief, drainage, geological and soil types, and the effect of proposed grading on the site and adjoining properties.

(3)    Recommendations regarding the solution of possible erosion and sedimentation problems.

(4)    Specific recommendations for the correction of all known or anticipated geological hazards.

(5)    Conclusions regarding the chemical and bacteriological quality of the water source proposed to be used for domestic supply purposes in terms of the current standards set forth in section 7001 et seq. of Title 17 of the California Administrative Code.

(6)    An analysis of the effects of water from rainfall, irrigation, individual sewage disposal systems, or other probable sources from the subdivision and adjoining properties, wherever such water is likely to reduce the subsurface stability or cause erosion.

(7)    An outline of all geological and soil problems, and proposed solutions to these problems, indicating wherever proposed grading or other proposed improvements may adversely or beneficially affect the existing or future stability of the area.

(8)    A comprehensive geological examination of the ground water characteristics of the property.

(9)    If the supply of water for domestic or fire suppression purposes is to be provided by wells, a sufficient number of test wells shall be drilled, or existing wells identified, to permit reasonably accurate estimates regarding the occurrence, availability, and quality of ground water. Any information available to substantiate the quantity and quality of the water, such as a well driller’s log, chemical analysis and pump report, shall be submitted. The Planning and Development Director shall determine the location and required number of test wells. In selecting the lots for test wells, the Planning and Development Director shall require that at least five percent (5%) of the lots be tested and may utilize a table of random numbers to select the lots.

(10)    A map showing the location of all wells in existence or drilled pursuant to paragraph (9) above, including depth to water table and anticipated yields.

(11)    If individual sewage disposal systems are to be used in the subdivision, the report shall include recommendations regarding the location, type and size of such individual systems. Such recommendations shall be based upon the geological and soil analysis included in the report and shall take into consideration the uses allowed under existing or proposed zoning. If a community sewage system is to be used, the report shall also set forth recommendations regarding the disposal of the effluent from the terminal treatment facility and conclusions concerning the effect of such disposal in terms of the current standards of the California Regional Water Quality Control Board for the Central Valley Region.

(d)    The final geological hydrological report, if required, shall serve as a basis for decisions pertaining to adequacy and safety of the water supply, the suitability of soils for subdivision and the suitability of the site with regard to other geological characteristics.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1730 SAME: FEES FOR HEALTH OFFICER REVIEW:

At the time of filing the final geological hydrological report and any results of percolation tests and soil borings required by section 7-01-1735, the subdivider shall pay the initial fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of the County Health Officer in reviewing the report. The County Health Officer shall keep accurate records of the actual costs associated with the review. Upon completion of the review and approval of the report, the Health Officer shall bill the subdivider for the actual costs of the review in excess of the initial fee and the subdivider shall pay the cost thereof to the Health Officer. The Planning and Development Director shall not set a date for the public hearing on the tentative map pursuant to section 7-01-1750 of this Article until the fee for the Health Officer’s review of the final geological hydrological report and any results of percolation tests and soil borings is paid.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1735 PERCOLATION TESTS AND SOIL BORINGS:

Unless the subdivision is to be served by a sanitary sewer system, the tentative map shall be accompanied by the results of percolation tests and soil borings conducted in the subdivision. Such tests shall be conducted by a State of California registered civil engineer, registered geologist, a registered environmental health specialist, or a certified soil scientist. The report on such tests may be included in the final geological hydrological report prepared pursuant to section 7-01-1725 of this Article. The percolation tests shall be adequate in number to show the absorptive and filtering ability of soils throughout the subdivision. Unless otherwise specified, the test hole depth for percolation tests shall be deeper than the proposed dispersal system bottom depth and within the most restrictive strata of usable soil beneath the dispersal field. The soil borings shall be adequate in number to show the type of soil and ground water level, if existing beneath the absorption area. A high or low percolation rate in conjunction with a steep slope area shall be reported and corrective measures proposed. Such percolation tests and soil borings shall be conducted in accordance with procedures and standards established by the California Water Quality Control Policy for Siting, Design, Operation, and Maintenance of Onsite Wastewater Treatment Systems and California Plumbing Code.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18)

7-01-1740 SOIL INVESTIGATION:

(a)    In accordance with sections 17953-17957 of the Health and Safety Code and sections 66490-66491 of the Government Code, if the final geological hydrological report prepared pursuant to section 7-01-1725 of this Article indicates the presence of critically expansive or loosely deposited soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each affected lot in the subdivision shall be prepared by a registered civil engineer. The soil investigation shall recommend corrective action which will adequately prevent structural damage to each dwelling proposed to be constructed on such soils. The report of the soil investigation shall be filed with the Planning and Development Director.

(b)    The Planning and Development Director shall review the soil investigation report and, if he or she determines that the recommended corrective action will adequately prevent structural damage to each dwelling to be constructed in the subdivision, he or she shall approve it. If the Planning and Development Director determines that the recommended corrective action will not be adequate, he or she shall notify the person preparing the report of the inadequacies. Until the Planning and Development Director determines that the report, or amended report, contains recommendations that meet with his or her approval, the final subdivision map shall not be approved. All building permits issued for construction of dwellings in the subdivision shall be conditioned upon the incorporation of the approved recommended corrective action in the construction of each dwelling. Appeal from such determination shall be to the Local Appeals Board established pursuant to section 7-15-1050 of this Code.

(Amended by Ord. No. 3525, effective 3-8-18; amended by Ord. No. 3528, effective 5-24-18; amended by Ord. No. 3559, effective 6-20-19)

7-01-1745 BODY TO TAKE FINAL ACTION ON TENTATIVE MAP:

Final action on certain tentative maps will be taken by the Planning Commission and, in other cases, the Planning Commission will act only in an advisory capacity to the Board of Supervisors. The following provisions shall govern which body will take final action on a tentative map:

(a)    If a proposed subdivision is located entirely within an Urban Improvement Boundary or Urban Development Boundary adopted pursuant to the Urban Boundaries Element of the General Plan, the Planning Commission shall approve, conditionally approve or disapprove the tentative map, with a right of appeal as set forth in section 7-01-1795 of this Article.

(b)    If a proposed subdivision is located in an area where no Urban Improvement Boundary or Urban Development Boundary has been established, but the subdivision is located entirely within an Urban Area Boundary, adopted pursuant to the Urban Boundaries Element of the General Plan, the Planning Commission shall approve, conditionally approve or disapprove the tentative map, with a right of appeal as set forth in section 7-01-1795 of this Article.

(c)    If a proposed subdivision is not located entirely within the boundaries described in subsection (a) or (b) above, the Planning Commission shall act in an advisory capacity to the Board of Supervisors and the Board of Supervisors shall take final action on the tentative map.

(d)    For the purpose of determining which body takes final action on a tentative map, the Urban Area Boundaries, Urban Improvement Boundaries and Urban Development Boundaries as they exist at the time of filing the tentative map shall govern and any changes in such Boundaries which take effect after such filing shall be disregarded for the purposes of this section.

(e)    Regardless of the foregoing, if a vesting tentative map is filed for a proposed subdivision, the Planning Commission shall act in an advisory capacity to the Board of Supervisors and the Board of Supervisors shall take final action on the vesting tentative map.

7-01-1750 PROCEDURE PRELIMINARY TO PUBLIC HEARING:

The Planning and Development Director shall set a date for the public hearing on the tentative map by the Planning Commission, which date shall be not less than twenty (20) and not more than fifty (50) days after the date of filing the tentative map, unless the time limit for action on the map is extended by mutual consent of the Planning Commission and the subdivider. Within twenty (20) days after the filing of the tentative map, or such longer period as the Planning Commission may prescribe, the Public Works Director and the County Health Department shall submit to the Commission written reports of their recommendations regarding the proposed subdivision. Failure to submit such reports shall be deemed approval of the tentative map. The Planning and Development Director shall notify each public and private agency to which copies of the tentative map are transmitted of the date set for consideration of the map by the Planning Commission, in order that such agencies may submit reports on the tentative map to the Commission. Prior to the date set for the hearing on the tentative map, the Planning and Development Director shall prepare a written report of his recommendations regarding the proposed subdivision. Copies of all reports or recommendations on the tentative map which are submitted to the Planning Commission shall be submitted to the subdivider by the Planning and Development Director in accordance with the Subdivision Map Act, unless waived by the subdivider.

7-01-1755 IMPOSITION OF FEES: INTERIM SCHOOL FACILITIES:

(a)    If a school district in which the proposed subdivision is located has made the findings specified in section 7-21-1015 of this Ordinance Code and the Board of Supervisors has concurred in such findings and determined the fees payable by a developer in accordance with sections 7-21-1020 and 7-21-1040 of this Code, the Planning Commission shall not approve the tentative maps without finding that the fees previously determined by the Board are required, and imposing such fees as a condition of approval.

(b)    For those tentative maps on which the Board of Supervisors takes final action, the Planning and Development Director shall, when the conditions set forth in subsection (a) of this section are applicable, so notify the Board of Supervisors in order that the Board may find that the fees are required, and impose such fees as a condition of approval.

(c)    Except for those tentative maps on which the Board of Supervisors takes final action, the subdivider may appeal the requirement of fees to the Board of Supervisors in accordance with section 7-21-1030 of this Ordinance Code.

7-01-1760 NOTICE OF HEARING:

At least ten (10) days prior to the hearing before the Planning Commission on the tentative map, the Planning and Development Director shall publish and give notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California.

7-01-1765 HEARING ON TENTATIVE MAP BY PLANNING COMMISSION:

(a)    The Planning Commission shall hold its public hearing on the tentative map at the time specified and in compliance with the requirements of the Subdivision Map Act and this Chapter.

(b)    In those cases in which the Planning Commission takes final action on the tentative map, as set forth in section 7-01-1745 of this Article, the Planning Commission shall file a report of such final action with the subdivider.

(c)    In those cases in which the Planning Commission acts only as an advisory body, and the Board of Supervisors takes final action on the tentative map, the Planning Commission shall send to the Board of Supervisors and the subdivider its report and recommendations with regard to the tentative map.

(d)    Regardless of whether the Planning Commission takes final action on the tentative map or acts in an advisory capacity, it shall send copies of its report to the Public Works Director, the County Health Department, and each public and private agency to which a copy of the tentative map was transmitted.

7-01-1770 DEFERRED IMPROVEMENTS: REMAINDER PARCEL:

At the time of action on the tentative map, the body taking final action on the tentative map shall attempt to negotiate an agreement with the subdivider for the construction of required offsite and onsite improvements in a designated remainder parcel in accordance with section 66424.6 of the Government Code of the State of California. If such an agreement cannot be reached, the body taking final action on the tentative map may nonetheless determine that such improvements are to be required within a reasonable time following approval of the final map on the grounds specified in said section 66424.6.

7-01-1775 REMAINDER PARCEL: OFFSITE IMPROVEMENTS:

When the construction of an offsite improvement or an improvement which serves property within the subdivision as well as the remainder parcel is being deferred, the body taking final action on the tentative map may require the subdivider to enter into an agreement with the County of the same type which is authorized in section 7-01-2320(c) of this Chapter for parcel maps.

7-01-1780 ACTION ON VARIOUS ENVIRONMENTAL MATTERS AND CONFORMITY TO PLANS:

For those tentative maps on which the Planning Commission takes final action, the Planning Commission is hereby assigned the responsibility to take action on a tentative map on the grounds set forth in sections 66473.5, 66474, 66474.01, 66474.4 and 66764.6 of the Government Code of the State of California.

7-01-1785 ACTION ON MAPS SUBJECT TO SITING CRITERIA OF TULARE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN:

In determining whether to approve or disapprove a tentative map, the body taking final action on the tentative map shall determine if the siting criteria for specified hazardous waste facilities established in sections 7.2 and 7.3 of the Tulare County Hazardous Waste Management Plan are applicable to the subdivision. If the siting criteria are applicable, the tentative map shall not be approved unless the body taking final action finds, based upon substantial evidence in the record, that the subdivision is consistent with said siting criteria.

7-01-1790 WAIVER OF MINOR ERRORS:

Pursuant to section 66473 of the Government Code of the State of California, the body taking final action on the tentative map shall not disapprove a tentative map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if the body determines that the failure of the map is a result of a technical and inadvertent error which does not, in the determination of said body, materially affect the validity of the tentative map. A decision by the Planning Commission on such a matter, when the Planning Commission is the body taking final action on the tentative map, is subject to an appeal to the Board of Supervisors pursuant to section 7-01-1795 of this Article.

7-01-1795 APPEALS:

(a)    Except as herein provided, all appeals regarding tentative subdivision maps shall be subject to the provisions of section 165 of this Ordinance Code.

(b)    In accordance with section 66452.5 of the Government Code of the State of California, a subdivider or any other interested person adversely affected by a decision of the Planning Commission, when the Planning Commission has taken final action on the tentative map, may appeal to the Board of Supervisors. No appeal may be filed when the Planning Commission’s action is only advisory to the Board of Supervisors. Such an appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the Planning Commission from which the appeal is being taken. The action of the Commission shall be final unless such an appeal is filed within said ten (10) day period.

(c)    Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. The Clerk of the Board of Supervisors shall notify the appellant, the subdivider if he or she is not the appellant, and the Planning and Development Director of the time set for the hearing. Notice of the hearing shall also be given by the Clerk of the Board of Supervisors in the same manner as that required for hearing before the Planning Commission.

(d)    Following the conclusion of the hearing, the Board of Supervisors shall render its decision on the appeal within the time provided in section 66452.2 of the Government Code of the State of California. The decision shall comply with the provisions of sections 66473, 66473.5 and 66474 of the Government Code and shall include any findings required by such sections, and such other findings as are appropriate. The Board of Supervisors may sustain, modify, reject or overrule any rulings of the Planning Commission.

7-01-1800 TIME LIMITS:

The time limits for an approved or conditionally approved tentative map shall be the same as set forth in section 66452.6(a) of the Government Code of the State of California; provided that the provisions of said section 66452.6(a), as amended by Chapter 482 of the Statutes of 1981, shall also apply to any tentative subdivision map approved prior to January 1, 1982, which has not expired by action of law prior to such date.

7-01-1805 TIME LIMITS: VESTING TENTATIVE MAPS:

The initial time limits for the rights conferred by an approved vesting tentative map as provided by Chapter 4.5 (commencing with section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California shall be the same as set forth in section 7-01-1800 for approved tentative maps. This initial time limit may be extended in the manner provided for approved tentative maps in section 7-01-1810 of this Chapter, but in no case shall exceed one (1) year beyond the recording of the final map unless more time is authorized pursuant to subdivisions (g) and (h) of section 66452.6 of the Government Code.

7-01-1810 APPLICATION FOR EXTENSION OF TIME: FEE:

If the subdivider requests an extension of time for the expiration of an approved tentative map, pursuant to section 66452.6 of the Government Code of the State of California, the applicable filing fee set forth in Article 5 of this Chapter shall be paid to the Planning and Development Director to defray the expenses incidental to processing the request.

7-01-1815 LITIGATION: STAY OF TIME FOR FINAL MAP:

When a suit has been filed involving an approved tentative map, an application for a stay of the time period for filing a final map shall be processed in accordance with the procedure for granting an extension of time under subsection (e) of section 66452.6 of the Government Code of the State of California and shall be subject to the fee specified in section 7-01-1810 of this Article.

ARTICLE 11. REVISION OF TENTATIVE MAP

7-01-1865 PURPOSES:

It is recognized that physical conditions that are discovered after the approval of the tentative map, and other unforeseen or unanticipated circumstances that arise after the approval of the tentative map, can create a need to revise a tentative map which has been previously approved. The purpose of this Article is to provide procedures for making such revisions in an approved tentative map in a manner that will be reasonably convenient and expeditious for the subdivider but will assure that the purposes and requirements of this Chapter will be carried out.

7-01-1870 MINOR REVISIONS: DESIGNATED:

For the purposes of this Article, minor revisions are limited to those changes in a tentative map which do not substantially alter the street pattern, lot configuration or overall design scheme, and which do not constitute a substantial or significant deprivation of the property rights of other landowners. The body which takes final action on the tentative map is deemed to have also approved making minor revisions pursuant to the provisions of this Article unless said body expressly provides to the contrary in its resolution approving the tentative map. Unless the Planning and Development Director determines that the changes in the tentative map would result in a substantial or significant deprivation in the property rights of other landowners, the following revisions in a tentative map shall constitute minor revisions:

(a)    Changes in the size, shape and dimensions of individual lots; provided, however, that all lots conform to the requirements specified in the conditions of approval of the tentative map and the requirements specified in this Chapter.

(b)    Changes in the proposed use of lots; provided, however, that such changes are from one of the following uses to another of the following uses: public utilities, drainage and residential.

(c)    Reduction in the number of lots contained in the subdivision.

(d)    Increase in the number of lots contained in the subdivision, but not to exceed the following number:

(1)    Subdivisions of twenty five (25) lots or less: no more than one (1) additional lot.

(2)    Subdivisions with twenty six (26) to one hundred (100) lots: no more than five percent (5%) of the number of lots in the subdivision.

(3)    Subdivisions in excess of one hundred (100) lots: no more than five (5) lots for the first one hundred (100) lots plus one (1) additional lot for each full one-hundred (100) lots in excess of the first one-hundred (100) lots.

Provided, however, that all lots shall conform to the requirements specified in the conditions of approval of the tentative map and the requirements specified in this Chapter.

(e)    Changes in the curve radii of streets and alleys.

(f)    Decreases in the overall length of stubbed streets and cul de sacs.

(g)    Changes in the centerline alignment of streets when such changes average thirty (30) feet or less in any one direction.

(h)    Changes in the grade of streets or drainage easements.

(i)    Changes in location of public utility and drainage easements.

(j)    Changes in the number or sequence of phases of a tentative map provided that no changes in the improvements for the subdivision are needed.

In addition, if any other type of change in a tentative map is proposed by a subdivider which the Planning and Development Director believes should constitute a minor revision, the Planning and Development Director may request the body which took final action on the tentative map, pursuant to section 7-01-1745 or section 7-01-2315 of this Chapter, to determine whether such a change constitutes a minor revision in the same sense that the items listed above constitute minor revisions. The request shall be considered at a public hearing before said body, noticed in accordance with Section 7-01-1760. If said body determines, by resolution, that such a proposed changed constitutes a minor revision, the requested change shall be processed as such under this Article and this section shall thereafter be amended to add that additional category to the minor revisions listed above.

(Amended by Ord. No. 3191, effective 11-27-97)

7-01-1875 PROCEDURE FOR PROCESSING MINOR REVISIONS:

(a)    The subdivider shall file with the Planning and Development Director six (6) copies of a revised tentative map on which the proposed minor revisions are shown.

(b)    At the time of filing a revised tentative map, the subdivider shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter. No part of said fee shall be returned to the subdivider if he subsequently withdraws the revised tentative map prior to action by the Planning and Development Director except in accordance with section 130 of this Ordinance Code.

(c)    The Planning and Development Director shall review the proposed minor revisions and, within fifteen (15) days after the revised tentative map was filed, approve or disapprove the revised tentative map. The Planning and Development Director shall give written notice of his action to the subdivider and to the body which took final action on the tentative map. In addition, if a revised tentative map is approved, the Planning and Development Director shall give notice thereof to the affected County departments, and to each public and private agency to which a copy of the tentative map was transmitted.

(d)    If the revised tentative map is approved, it shall become, for all purposes, the approved tentative map of the subdivision and the tentative map which was originally approved shall no longer be of any force and effect for any purpose.

(e)    If the revised tentative map is disapproved by the Planning and Development Director, the subdivider may file an application for a major revision, pursuant to section 7-01-1895 of this Article. Such an application shall be processed in the same manner as other applications for major revisions.

7-01-1880 ACTION ON WAIVER OF FINAL PARCEL MAP:

Applications for a waiver of the requirement that a final parcel map be filed may be submitted after the approval of the tentative parcel map. The same procedures shall be followed in processing and acting upon such applications as are applicable to a minor revision pursuant to section 7-01-1875 of this Article except that the Site Plan Review Committee and not the Planning and Development Director, shall approve or disapprove the application. The Site Plan Review Committee’s action shall be in conformance with sections 7-01-2360 and 7-01-2365 of this Chapter. Any such application shall be exempt from the filing fee set forth in section 7-01-2360.

7-01-1885 MAJOR REVISIONS:

All revisions proposed to be made in an approved tentative map, other than those specifically listed in subsections (a) through (I) of section 7-01-1870 of this Article and those authorized pursuant to the last paragraph of said section 7-01-1870, shall constitute major revisions for the purposes of this Article. Any changes requested in the improvements required to be constructed by the subdivider shall also constitute major revisions.

7-01-1890 REVISIONS REQUIRING EXCEPTIONS:

If a proposed revision in the tentative map requires an exception under the provisions of Article 19 of this Chapter, such a revision shall constitute a major revision. In such cases, the subdivider shall file an application for an exception in full compliance with the provisions of said Article 19 and pay the filing fees required for such an application for exception. The application for an exception shall be processed and acted upon in full conformity with the provisions of said Article 19.

7-01-1895 PROCEDURE FOR PROCESSING MAJOR REVISIONS: FILING: FEES:

(a)    A subdivider who desires to have major revisions in his tentative map approved, or who desires to have minor revisions approved which have been previously disapproved by the Planning and Development Director pursuant to section 7-01-1875 of this Article, shall file with the Planning and Development Director the revised tentative map. He shall file the same number of copies of the revised tentative map as required in the case of a tentative map under section 7-01-1695 or section 7-01-2285 of this Chapter and the form of the revised tentative map shall comply with all of the requirements that apply to a tentative map.

(b)    At the time the subdivider files the revised tentative map, he shall also submit the statements and other information that are required to accompany the tentative map or submit a written statement that the statements and other information filed with the tentative map are still applicable and correct.

(c)    At the time of filing a revised tentative map, the subdivider shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter. No part of said fee shall be returned to the subdivider if he subsequently withdraws the revised tentative map prior to final action.

7-01-1900 ACTION ON MAJOR REVISIONS: CONDITIONS AND EFFECT OF APPROVAL:

(a)    The same procedures shall be followed in processing and acting upon a revised tentative map with major revisions as are applicable to a tentative map under Article 9 (commencing with section 7-01-1690) or Article 15 (commencing with section 7-01-2150) of this Chapter including, but not limited to, the public notices, hearings and appeal rights set forth in said Articles, and the same body shall take final action on the revised tentative map as previously took final action on the tentative map.

(b)    In taking action on a revised tentative map, the body taking final action is not restricted to merely taking action on the changes which have been requested by the subdivider and any other changes, conditions or improvements that appear necessary or desirable, and are of a type that could have been required at the time of the original approval of the tentative map, may be required in connection with the approval or conditional approval of the revised tentative map.

(c)    Upon approval or conditional approval of the revised tentative map, it shall become, for all purposes, the approved tentative map of the subdivision and the tentative map which was originally approved shall no longer be of any force and effect for any purpose.

7-01-1905 TIME LIMITS:

Approval of a revised tentative map by the Planning and Development Director, or by the Planning Commission, Board of Supervisors, or Site Plan Review Committee, in accordance with the provisions of this article, shall not change any of the time limits set forth in this Chapter or in the Subdivision Map Act for filing a final map or parcel map or expiration of the rights conferred by a vesting tentative map and such time limits shall run from the date of approval or conditional approval of the original tentative map rather than from the date of approval or conditional approval of the revised tentative map.

ARTICLE 13. FINAL MAP

7-01-1955 SUPPLEMENTAL PROVISIONS:

The requirements and procedures set forth in this Article are supplemental to the Subdivision Map Act.

7-01-1960 REQUIREMENTS:

(a)    The subdivider shall file with the Public Works Director one (1) complete set of original tracings and four (4) complete sets of black and white prints of the final map.

(b)    At the time of filing the final map the subdivider shall pay to the Public Works Director the applicable fee set forth in Article 5 of this Chapter.

(c)    Within three (3) days after the filing of the final map, the Public Works Director shall transmit two (2) copies thereof to the Planning and Development Director.

(d)    A copy of the deed restrictions applicable to the subdivision shall be filed with the Planning and Development Director at the time of filing the final map.

(e)    At the time of filing the final map, the subdivider shall file with the Public Works Director an original and one (1) copy, fully executed by the subdivider, of any covenants, agreements, trusts, or other provision for private road maintenance required by section 7-01-1300 of this Article. The Public Works Director shall transmit the copy forthwith to the Planning and Development Director.

7-01-1965 FORM OF FINAL MAP:

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

(a)    It shall be a map legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film, including affidavits, certificates and acknowledgments, except that such certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If polyester base film is used, such film shall be of a washable type and shall have a minimum thickness of four one thousandths (0.004) of an inch. 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 (18) by twenty six (26) inches.

(c)    A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch.

(d)    The exterior boundary of the land included within the subdivision shall be indicated by a blue line which shall be approximately one eighth (1/8) of an inch in width.

(e)    The scale of the map shall be one (1) inch equals one hundred (100) feet or a decimal fraction or a multiple of one hundred (100) feet.

(f)    Each sheet shall be numbered, the relation of one sheet to another clearly shown, and the total number of sheets used shall be set forth on each sheet.

(g)    The tract number, scale and north point shall be shown on each sheet. When the subdivider proposes to file more than one final map, relating to an approved or conditionally approved tentative map, the Planning and Development Director shall assign a unit designation for each of said maps, which shall be shown in conjunction with the tract number on the final maps.

7-01-1970 TITLE SHEET:

(a)    The tract number and the tract name, if any, shall comprise the title.

(b)    Below the title shall be a subtitle consisting of a general description of all the property being subdivided by reference to subdivisions or to sectional surveys.

(c)    References to subdivisions shall be worded identically with original records, with references to the books and pages if the subdivisions are recorded.

(d)    Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notarial seals required by the Subdivision Map Act, shall appear on the title sheet.

(e)    The title sheet shall show the basis of bearings.

(f)    A key map showing the proposed subdivision and surrounding subdivisions and streets located within one quarter (1/4) mile radius of the boundaries of the proposed subdivision shall appear on the title sheet.

(g)    Where the size of a subdivision permits, in lieu of a title sheet, the information prescribed in subsections (a) through (f) of this section may be shown on the same sheet as the final map.

7-01-1975 INFORMATION ON FINAL MAP:

In addition to providing the information required by the Subdivision Map Act, the final map shall contain the following information:

(a)    The tract number and the tract name, if any, date of preparation, north point, scale and graphic scale.

(b)    The locations and names of streets; the centerlines of streets; the lengths, tangents, radii and central angles and radial bearings of curves; the total width of each street and the width on each side of the centerline; the width of the portion of the street being dedicated and the width of any existing dedication.

(c)    The locations and widths of easements for pedestrian ways that are to be located outside of street rights of way.

(d)    The locations and dimensions of public areas and the net acreage, to the nearest one tenth (1/10) of an acre, contained therein.

(e)    The locations and widths of any easements for bicycle paths that are to be located outside of street rights of way.

(f)    The locations and widths of access rights and easements to and along any public waterway, river or stream, and the locations and widths of access rights to any lake or reservoir owned by a public agency.

(g)    The centerlines, widths and side lines of all easements to which the lots are subject and the date on which each easement was created. If the easement is not definitely located of record, a statement as to the easement shall appear on the title sheet. Easements for storm drains, sewers and other similar purposes shall be denoted by broken lines. Easements shall be clearly labeled and identified and, if already of record, precise reference to the records given. Easements being dedicated shall be referred to in the certificate of dedication.

(h)    Locations and widths of easements for drainage channels and watercourses.

(i)    Locations and widths of easements for public utilities.

(j)    Locations and widths of railroad rights of way.

(k)    Waivers of rights of access to and from streets and lots and other parcels of land.

(l)    Locations and widths of lots to be conveyed to the County pursuant to section 7-01-1270 of this Chapter.

(m)    Locations, widths and names of streets, alleys and pedestrian ways adjacent to the proposed subdivision.

(n)    Locations of city boundary lines.

(o)    The net dimensions of each lot. No ditto marks shall be used. Sufficient data shall be shown to determine readily the bearing and length of each lot line. On lots containing one (1) acre or more, the final map shall show net acreage to the nearest one tenth (1/10) of an acre.

(p)    All lots numbered consecutively, commencing with the number "1," with no omissions or duplications, except for the lots covered by section 7-01-1270 of this Chapter which shall be lettered consecutively, commencing with the letter "A."

(q)    Location of, or reference to, any designated remainder parcel in accordance with section 66434 of the Government Code of the State of California.

(r)    All dimensions in feet and decimals of a foot.

(s)    The following surveying data:

(1)    The radius, tangent, arc, central angle and radial bearings of curves.

(2)    Suitable primary survey control points including section corners and monuments existing outside of the proposed subdivision.

(3)    The character, type and location of all permanent monuments within the proposed subdivision.

(4)    Ties to and names of adjacent subdivisions.

(5)    Ties to any city and county boundary lines involved.

(t)    A notation or reference to the additional information required in section 7-01-1980 of this Article.

(u)    Any additional information which, in the judgment of the body which took final action of the tentative map, affects record title interests shall be shown on the final map.

7-01-1980 FINAL MAP: ADDITIONAL INFORMATION:

In accordance with section 66434.2 of the Government Code, the following information shall be filed or recorded simultaneously with the final map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

(a)    Locations and widths of drainage channels, watercourses, selected flood lines and proposed flood control works.

(b)    Building setback lines, if required by the body, which took final action on the tentative map.

(c)    If a final geological hydrological report and/or a soil investigation report has been prepared, this fact shall be noted, together with the date of the report, the name of the registered civil engineer or geologist making the report, and the location where the report is on file.

(d)    Any additional information which was required to be filed or recorded with the final map by the body which took final action on the tentative map and which does not affect record title interests.

7-01-1985 MONUMENTS:

In making the survey for the subdivision, monuments shall generally be placed at the angle points on the exterior boundary lines of the tract, at the intersections of centerlines of streets and at the beginnings and ends of curves on the centerlines of streets. Monuments may be placed on offset lines. All monuments shall be set not less than eight (8) inches below finished grade and shall be of concrete six (6) inches in diameter and twelve (12) inches in length, or of capped iron pipe two (2) inches in diameter, and twenty four (24) inches in length. Lot stakes shall be set flush to finished grade and shall be of redwood, two (2) inches by twelve (12) inches, of or iron pipe or rod, one half (1/2) inch in diameter and eighteen (18) inches in length. The requirements of this section supplement the requirements of sections 66495-66498 of the Government Code of the State of California.

7-01-1990 SURVEY REQUIREMENT:

A complete and accurate survey of the land to be subdivided shall be made by a registered civil engineer or licensed surveyor, in accordance with standard practices and principals of land surveying. Except in mountainous areas, the traverse of the exterior boundaries of a proposed subdivision and of each block and lot shall close within a limit of error of one (1) foot to seven thousand five hundred (7,500) feet of perimeter. In mountainous areas the limit of error shall be one (1) foot to two thousand five hundred (2,500) feet of perimeter.

7-01-1995 DEDICATIONS, CONVEYANCES AND PUBLIC UTILITY EASEMENTS:

(a)    In accordance with section 66475 of the Government Code of the State of California, all parcels of land shown on the final map as intended for public use shall be offered for dedication for public use at the time the final map is filed, except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants.

(b)    All streets, alleys, pedestrian ways, drainage channels, flood control works, easements and other rights of ways shown on the final map as intended for public use, except easements for those public utilities regulated by the Public Utilities Commission of the State of California, shall be offered for dedication for public use at the time the final map is filed.

(c)    All rights of access to and from streets, lots and parcels of land shown on the final map to be surrendered shall be offered for dedication at the time the final map is filed.

(d)    A deed shall be submitted with the final map conveying to the County the lots required to be conveyed to the County by section 7-01-1270 of this Chapter.

(e)    Letters shall be submitted with the final map from the public utilities that will serve the subdivision certifying that satisfactory arrangements have been made with said public utilities for providing utility service and necessary easements therefore to serve each lot within the subdivision.

7-01-2000 DEDICATION TO SCHOOL DISTRICT:

Pursuant to section 66478 of the Government Code of the State of California, any subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school, shall dedicate to the school district within which such subdivisions are located, such land as the Board of Supervisors shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision of adequate public school service. Such dedications shall not be required by a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative maps. Dedications required by this section shall be subject to all of the terms, conditions and procedures set forth in said section 66478 of the Government Code.

7-01-2005 IMPROVEMENTS: EXTENT:

The subdivider shall improve all lands dedicated for streets, alleys, pedestrian ways, drainage facilities, flood control works, easements and other rights of way, subject to the following exceptions:

(a)    If the subdivision is served by a frontage road parallel to a limited access highway or freeway and the required right of way dedication for the limited access highway or freeway has been made by the subdivider, the subdivider shall be responsible for only those improvements required for the frontage road, in accordance with the improvement standards referred to in section 7-01-2025 of this Article, and shall not be required to provide improvements within the right of way of said limited access highway or freeway.

(b)    If the subdivision backs onto a limited access highway or freeway and the required right of way dedication for the limited access highway or freeway has been made by the subdivider and the subdivider has dedicated the right of access from the limited access highway or freeway to the subdivision, the subdivider shall not be required to construct the improvements referred to in section 7-01-2025 of this Article within the right of way line of the limited access highway or freeway. In such cases the subdivider may landscape the planting strip of the adjacent limited access highway or freeway with plant materials adequate to screen the lots of the subdivision from the limited access highway or freeway.

7-01-2010 STREET LIGHTS: DEPOSIT OF COST OF POLE:

When a subdivider is required to provide a duct for future installation of a streetlight, pursuant to the provisions of section 7-01-1435 of this Chapter, the subdivider shall not install the street lighting pole. The Public Works Director shall determine the current differential cost charged by the public utility for a utility owned ornamental marbelite or metal street lighting pole and the subdivider shall deposit money with the County to pay such differential cost. When a deposit has been made pursuant to this section, the subdivider shall have no further duties or liabilities in connection with purchase and installation of the streetlight. Such a deposit shall be held by the County solely for the installation of the streetlight. If said pole has not been ordered to be installed by the Public Works Director within five (5) years after the date of approval of the final map by the Board of Supervisors, or if there is an unexpended balance of the amount deposited, the County shall return the money deposited, without interest, to the subdivider, his heirs or assigns. If the territory in which the streetlight is to be installed is annexed to a city prior to the installation of the streetlight, the County may offer to transfer to such city all funds theretofore deposited with the County. Any funds so transferred to the city shall be held by the city solely for the installation of the street light and shall be returned by the city to the subdivider, his heirs or assigns, if the work has not been ordered performed within said five (5) year period or if there is an unexpended balance after completing the work. The streetlight installed pursuant to this section shall remain the property of the public utility, which provides lighting service to the street light system.

7-01-2015 SAME: DIVISION OF COSTS OF IMPROVEMENTS:

Notwithstanding the provisions of section 7-01-2005 of this Article, the County shall share in the cost of the following improvements:

(a)    A four lane Class 3 or Select System Road, including any bridge or culvert which is part of said road, which the subdivider is required to construct in the subdivision, when a two lane road would serve the needs of the subdivision.

(b)    A bridge or culvert which is required by the County which will be located partially within the subdivision and partially outside the subdivision, and which will be part of a four lane road.

In addition, the County may also share in the cost of other improvements when the Board of Supervisors determines that such sharing of costs is fair and reasonable under the particular circumstances. The portion of the costs which the subdivider and the County will bear in each of the situations mentioned in this section shall be specified in the agreement between the County and the subdivider, in accordance with section 7-01-2060 of this Article. The division of costs shall ordinarily be made in accordance with the general policies which are set forth in Resolution No. 67-1506, and amendments thereto.

7-01-2020 SAME: BRIDGES AND CULVERTS:

When a bridge or culvert is required by the County which will be located partially within the subdivision and partially outside of the subdivision, the subdivider shall only be required to pay a portion of the cost of the bridge or culvert. The portion of the costs which the subdivider will bear shall be specified in the agreement between the County and the subdivider, in accordance with section 7-01-2060 of this Article. The division of costs shall ordinarily be made in accordance with the general policies which are set forth in Resolution No. 67-1506, and amendments thereto.

7-01-2025 SAME: IMPROVEMENT STANDARDS:

(a)    All improvements shall conform to the applicable standards of materials and design which are set forth in the booklet entitled "Improvement Standards of Tulare County" as such standards have been adopted by the Board of Supervisors and are amended from time to time by resolution of the Board of Supervisors.

(b)    Improvements shall be constructed in accordance with plans approved by the Public Works Director. Notice shall be given by the subdivider to the Public Works Director prior to the commencement of construction of improvements.

(c)    Improvements shall be installed to grades prescribed by the Public Works Director.

(d)    The Public Works Director, the Health Officer, the Fire Warden and the Planning and Development Director shall have the right to enter upon the site of improvements for the purpose of inspecting them and said officials shall be furnished with samples of materials as may be required for making tests to determine the acceptability of such materials.

7-01-2030 SAME: FLOOD CONTROL WORKS: IMPROVEMENT STANDARDS:

All flood control works to be constructed within selected flood lines shall conform to the requirements established by the Tulare County Flood Control District. The County Road Commissioner, acting on behalf of said District, shall have all of the rights, powers and duties delegated to the County Surveyor under subsections (b), (c) and (d) of section 7-01-2025 of this Article with regard to such flood control works.

7-01-2035 IMPROVEMENTS: OTHER FLOOD PROTECTION REQUIREMENTS:

If all or a portion of the property which is the subject of the final map is located within selected flood lines, the improvement plans shall provide the elevation of proposed structure(s), pads, and adjacent grade. If the site is filled above the elevation of the selected flood, the final pad elevation shall be certified by a registered civil engineer or surveyor and provided to the Building and Planning Director as set forth in section 7-27-1105(b) of Chapter 27 of this Part.

7-01-2040 FEES: PLAN CHECKING AND INSPECTION:

The subdivider shall pay the applicable fee set forth in Article 5 of this Chapter to cover the expense to the County of checking the plans for all improvements required by the County pursuant to this Chapter and the expense of inspecting the construction of such improvements. The fee shall be based on the estimated total cost of constructing such improvements and shall be paid to the County Surveyor prior to the submission of the final map to the Board of Supervisors. The estimate of the cost of improvements upon which said fee is determined shall be made by the County Surveyor based upon the current cost of similar work performed within the general area where the improvements are to be constructed. If the final map is withdrawn or a reversion to acreage map is recorded, the unexpended portion of said fee shall be refunded upon receipt by the County Surveyor of a written application from the subdivider.

7-01-2045 SECURITY:

Except as provided in California Government Code section 66499.3, the subdivider shall provide the following security to guarantee the construction of all public improvements required for the subdivision:

(a)    One hundred percent (100%) of the total estimated cost of the public improvements, conditioned upon the faithful performance of the agreement between the County and the subdivider requiring such improvements.

(b)    Fifty percent (50%) of the total estimated cost of the public improvements, securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment to them for such public improvements.

(c)    Ten percent (10%) of the total costs of required improvements including improvements that are in place at the time of approval (estimated on the basis of costs to the County) shall be retained by the County for a period of one (1) year following the completion and acceptance of the public improvements, as a guarantee and warranty against any defective work or labor done, or defective materials furnished.

7-01-2050 SECURITY: TYPES OF SECURITY AUTHORIZED:

Security provided to guarantee required public improvements shall be in favor of the County of Tulare and shall be in one of the following forms:

(a)    One or more irrevocable performance bonds in substantially the form provided in California Government Code section 66499.1, issued by one or more reputable corporate sureties duly and legally licensed to transact business in the State of California and bearing the name and address of said surety clearly upon the face of the bond provided.

(b)    A deposit of cash with the Public Works Department, or in escrow with a responsible escrow agent or trust company.

(c)    An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(d)    An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Tulare County Board of Supervisors.

(e)    A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.

7-01-2055 FLOOD CONTROL WORKS: AGREEMENT: SECURITY:

In those cases where all or a portion of a subdivision is located within selected flood lines, and the subdivider is required to construct flood control works which will be dedicated to the Tulare County Flood Control District, the Board of Supervisors of said District may require that the subdivider enter into an agreement with said District for the construction of such flood control works. The Board of Supervisors of said District may require the subdivider to provide security to carry out his obligations under such an agreement, and the type and amount of such security and provisions for release of such security shall be set forth in the agreement.

7-01-2060 SAME: PROCEDURE WHEN DIVISION OF COSTS OF IMPROVEMENTS:

(a)    When the cost of any improvements in a subdivision is to be shared between the subdivider and the County, as provided in this Article, then the agreement between the County and the subdivider shall state whether the subdivider or the County is to perform the work. If the subdivider is to perform the work, the agreement shall provide for payment of the County’s share of the cost of the improvements. If the County is to perform the work, the agreement shall provide for a deposit of money with the County as payment of the subdivider’s share of the cost of the work.

(b)    When a deposit has been made by the subdivider pursuant to this section, the subdivider shall have no further duties or liabilities in connection with the construction of such improvement. Such a deposit by the subdivider shall be held by the County solely for the performance of the agreed work and if said work has not been completed within fifteen (15) years after the date of execution of the agreement by the Board of Supervisors, the County shall return the amount deposited by the subdivider, without interest, to the subdivider, his heirs or assigns.

(c)    If territory in which a proposed improvement is to be constructed is annexed to a city prior to the construction of the improvement, the County may offer to transfer to the city the funds theretofore deposited by the subdivider. However, in such cases, the County shall not share in the cost of the improvement pursuant to section 7-01-2015 of this Article. Any funds so transferred to the city shall be held by the city solely for the performance of the agreed work and shall be returned to the subdivider, his heirs or assigns, if said work has not been performed within the period set forth in subsection (b) of this section.

7-01-2065 SUPPLEMENTAL IMPROVEMENTS: AGREEMENT:

When a subdivider is required to install improvements for the subdivision which contain supplemental size, capacity or number for the benefit of property not within the subdivision, in accordance with section 7-01-1220 of this Chapter, the County and the subdivider shall enter into an agreement prior to the approval of the final map. The agreement shall require the County to reimburse the subdivider for the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of such improvements. In order to pay the costs as required by the reimbursement agreement, the County may:

(a)    Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

(b)    Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider.

7-01-2070 REMAINDER PARCEL: IMPROVEMENTS:

If the required improvements in a designated remainder parcel have not been completed prior to the approval of the final map, the final map shall not be approved until the subdivider has entered into an agreement with the Board of Supervisors to complete said improvements if:

(a)    The subdivider has agreed with the body taking final action on the tentative map that he will enter into an agreement with the County to construct said improvements, as specified in section 7-01-1770 of this Chapter; or

(b)    The body taking final action on the tentative map has determined that construction of such improvements is to be required within a reasonable time following approval of the final map, as specified in section 7-01-1770 of this Chapter and section 66424.6 of the Government Code of the State of California.

Such agreements pertaining to designated remainder parcels shall be subject to all of the same requirements of the Subdivision Map Act and this Chapter which pertain to agreements to construct improvements on the property which is being subdivided.

7-01-2075 DEFERRING CONSTRUCTION OF IMPROVEMENTS:

When the subdivider is not required, and is not willing, to enter into an agreement for the construction of improvements in a designated remainder parcel, pursuant to section 7-01-2070 of this Chapter and section 66424.6 of the Government Code of the State of California, the construction of said improvements will be deferred and section 7-15-1940 et seq. of this Ordinance Code shall govern the construction of said improvements at a later date. Any agreement entered into pursuant to section 7-01-1775 of this Article shall also govern such construction of deferred improvements.

7-01-2080 PROCEDURE: CERTIFICATION OF FINAL MAP:

(a)    If the final map conforms to the approved tentative map, the Planning and Development Director shall so certify on the original tracing of the final map. If the final map does not so conform, the Planning and Development Director shall report such fact and the nature of the nonconforming features to the Public Works Director and the Planning and Development Director shall not certify the map until specifically authorized to so do by the body which took final action on the tentative map.

(b)    The Public Works Director shall examine the print of the final map and determine the sufficiency of the affidavits and acknowledgments, the correctness of surveying data, mathematical data and computations, and determine whether the provisions of the Subdivision Map Act and this Chapter have been complied with. One copy of the map shall be returned to the subdivider with notations as to errors or omissions or a statement by the Public Works Director that the map is correct. The subdivider shall provide traverse sheets and work sheets showing the closure of the exterior boundaries of the subdivision and of any irregular blocks and lots.

(c)    Plans, profiles and specifications of proposed improvements shall be submitted to the Public Works Director for approval at the time the prints of the final map are submitted for checking. Such plans and profiles shall show the full details of the proposed improvements, and the improvements shall comply with standards and specifications adopted by the Board of Supervisors.

(d)    If the final map is found to be correct, the matters shown thereon are sufficient and all applicable provisions of the Subdivision Map Act and this Chapter have been complied with, the Public Works Director shall certify his approval on the original tracing of the map.

7-01-2085 WAIVER OF MINOR ERRORS:

Pursuant to section 66473 of the Government Code of the State of California, the Public Works Director shall not disapprove a final map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if he determines that the failure of the map is a result of a technical and inadvertent error which does not, in his determination, materially affect the validity of the final map. When he finds such a failure which he believes should be waived under this section, he shall call the failure to the attention of the Board of Supervisors at the time the final map is presented to the Board, and the Board shall make the final decision on whether or not said failure shall be waived.

7-01-2090 FINAL MAP: ACTION BY BOARD OF SUPERVISORS:

After the final map has been checked and approved and all the certificates which appear on the final map, except the approval certificate of the Board of Supervisors, have been signed, and acknowledged if necessary, the Public Works Director shall file the final map with the Board of Supervisors for approval in accordance with the Subdivision Map Act. The Clerk of the Board of Supervisors shall transmit written notice of the action of the Board to the subdivider, the Planning Commission, Public Works Director, County Health Department, and each public or private agency to which a copy of the tentative map was sent.

7-01-2095 SAME: RELEASE OF SECURITY:

Pursuant to section 66499.7 of the Government Code of the State of California, the Public Works Director shall have the power to release or reduce the improvement security deposited by the subdivider, pursuant to the following restrictions:

(a)    Improvement security securing payment to the contractor, his or her subcontractors and to persons furnishing labor, materials, or equipment may, after passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the California Civil Code, and after completion and acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the Board of Supervisors. If no such claims have been recorded and filed with the Board of Supervisors, such improvement security may be released in full.

(b)    Improvement security given for the faithful performance of the work required by the agreement may be reduced from time to time during the course of the work. The Public Works Director shall not at any time reduce such security below an amount which will adequately secure the performance of the remainder of the required work. For the period of one (1) year after the completion and acceptance of the work, ten percent (10%) of the security for faithful performance shall be retained by the Public Works Director to cover the cost of correcting any defective work or labor done, or defective materials furnished, in constructing said improvements. At the end of said one (1) year period, the Public Works Director may release all of said improvement security except such amount as may then be required to insure the correction of any defects in the labor and materials furnished which have appeared within said one (1) year period.

7-01-2100 SAME: FINAL INSPECTION:

Upon completion of the required improvements by the subdivider, the Public Works Director shall make a final inspection of the subdivision. If it is found upon inspection that all improvements have been installed in accordance with approved plans and specifications, the Public Works Director shall transmit a letter indicating such findings to the Board of Supervisors, and the Board of Supervisors shall thereafter accept said improvements.

ARTICLE 15. PARCEL MAPS

7-01-2150 PURPOSE:

The purpose of this Article is to establish the requirements and procedures for processing subdivisions, as that term is defined herein, under the circumstances where the parcel map procedure is authorized by sections 66426 and 66428 of the Government Code of the State of California.

7-01-2155 SUBDIVISION: DEFINITION:

"Subdivision," as used in this Article, shall be as defined in section 66424 of the Government Code of the State of California except that this term shall also include divisions, as otherwise defined therein, which are for the purpose of conveyance of real property by gift.

7-01-2160 SUPPLEMENTAL PROVISIONS:

The requirements and procedures set forth in this Article are supplemental to the Subdivision Map Act.

7-01-2165 "LOT":

"Lot," as used in this Article, means a parcel of land under one ownership which is used, or susceptible of being used, in accordance with the regulations of this Chapter and in accordance with the regulations of the applicable zoning ordinances of the County.

7-01-2170 "ORIGINAL PARCEL":

"Original parcel," as used in this Article, means a contiguous area of land at the time of division, in one or a common ownership, any portion or all of which is proposed to be divided under this Article.

7-01-2175 "FORTY ACRES":

The term "forty (40) acres," as used in this Article, shall be deemed in every case to mean one sixteenth of a section of land if the section contains less than the usual six hundred forty (640) acres.

7-01-2180 "DEDICATION OF RIGHT OF WAY": IRREVOCABLE OFFER:

As used in this Article and in any other Article of this Part, which provides that such dedication shall not exceed the dedication required for parcel maps by this Article, "dedication of right of way" includes irrevocable offer of dedication. However, if immediate acceptance of the right of way is deemed by the Public Works Director to be necessary to accommodate construction of non deferred improvements required by this Chapter, including but not limited to curb and gutter, road widening and utility relocation, then "dedication of right of way" shall refer only to actual dedication of right of way.

7-01-2185 GENERAL REQUIREMENTS FOR SUBDIVISIONS:

Except as otherwise provided in this Article, the general requirements for approval of subdivisions for which tentative and final subdivision maps are required are equally applicable to parcel maps filed pursuant to this Article and any findings required shall be made by the Site Plan Review Committee.

7-01-2190 REMAINDER PARCELS:

Except as otherwise expressly provided, all of the provisions and requirements of this Article, including the requirements for dedications and improvements, shall be applicable to designated remainder parcels as well as to other lots included in a parcel map.

7-01-2195 REQUIREMENTS FOR LOTS:

All lots to be created by the parcel map shall conform to all of the applicable zoning and building ordinances of the County and shall comply with all of the general requirements for lots in other subdivisions as set forth in this Chapter, except as otherwise set forth in this Article.

7-01-2200 LOTS: SPECIAL REQUIREMENTS: PARTIAL FRONTAGE:

Notwithstanding the provisions of section 7-01-2195 of this Article, and except as otherwise provided in section 7-01-2210 of this Article, a parcel map may be approved even though one or more of the parcels to be created will not abut on or have direct access to a County road, provided that the original parcel prior to division has a minimum frontage of ninety six (96) feet abutting on an existing County road and the following requirements are complied with:

(a)    A private easement for vehicular access is in existence, or will be made available, to serve each parcel. Such private easement shall meet the requirements set forth in section 7-01-2230 of this Article.

(b)    The parcel, which abuts upon a County road and also on a private easement for vehicular access shall have a minimum width of seventy (70) feet and minimum depth of one hundred (100) feet exclusive of said easement or road right of way.

For those parcels, which will abut only on said private easement and will not abut on a County road, the applicant shall specify the side of the parcel that he deems to be the front of the parcel. All setbacks and other computations under this Chapter and other zoning and planning ordinances shall be based on this designation by the applicant.

7-01-2205 LOTS: SPECIAL REQUIREMENTS: NO FRONTAGE:

Notwithstanding the provisions of section 7-01-2195 of this Article, and except as otherwise provided in section 7-01-2210 of this Article, a parcel map may be approved even though the original parcel does not have any frontage on a County road if a private easement for vehicular access is in existence, or will be made available, from every parcel to be created by the division of land to a County road. Such private easements shall meet the requirements set forth in section 7-01-2230 of this Article.

7-01-2210 LOTS IN URBAN IMPROVEMENT AREAS: FRONTAGE:

The provisions of sections 7-01-2200 and 7-01-2205 of this Article shall not apply to any parcel being created which is located within the boundaries of an urban improvement area, as established by the General Plan, as such boundaries exist at the time of approval of the tentative map. All lots created within any such urban improvement area shall have frontage on a County road.

7-01-2215 IMPROVEMENTS:

Except as otherwise provided in this Article, the person applying for approval of a parcel map shall make all of the same dedications and improvements that are required under this Chapter for other subdivisions, and the improvement standards referred to in section 7-01-2025 of this Chapter shall be applicable to all such improvements. Such improvements shall include, but are not limited to, street improvements, domestic water supply and a sewage disposal system. However, no dedications or improvements shall be required with regard to any parcel to be created, which will have an area of ten (10) acres or more except as follows:

(a)    Private easements for vehicular access shall be improved in accordance with the requirements of this Article.

(b)    Dedication of right of way to the County for new roads shall be required in order to provide adequate access to the lots being created and the subdivider shall be required to improve such right of way dedicated to the County. This subsection does not require the subdivider to dedicate right of way to widen an existing County road.

7-01-2220 DEDICATION OF STREET: WIDTH:

When a person applying for approval of a parcel map is required to dedicate additional right of way to the County, and the original parcel is located only on one side of a County road, he shall be required to dedicate additional right of way which does not exceed one half (1/2) of the ultimate width of the right of way as specified for road classifications in the improvement standards which are referred to in section 7-01-2025 of the Ordinance Code. Said one half (1/2) of the ultimate width of the right of way shall be measured from the center line of the road as originally dedicated, except in the case where the original dedication was intended to be less than a full width street in which case the Public Works Director will determine the center line to be used as the basis for the additional dedication. The fact that more than one half (1/2) of the ultimate right of way of such road will come from the property being divided shall not be a basis for requiring a dedication of a wider parcel.

7-01-2225 REMOVAL OF EXISTING IMPROVEMENTS FROM RIGHT OF WAY:

The person applying for approval of a parcel map shall not be required to remove existing improvements such as buildings, pumps and other structures or facilities from right of way which is dedicated to the County for road purposes pursuant to the Article prior to making the dedication, and such improvements may remain until road construction work requires that they be removed. In those cases, where the County rather than a private person, is required to perform the road construction work, the County shall be entitled to remove and dispose of said existing improvements at such time as it desires to perform work within such right of way, without any payment to the grantor or his successors in interest for such improvements. The Public Works Director shall, at least sixty (60) days prior to removal of said improvements, send a written notice of intention to remove said improvements to the owner of said improvements as shown on the last equalized assessment roll.

7-01-2230 REQUIREMENTS FOR EASEMENTS FOR VEHICULAR ACCESS:

(a)    Unless provided otherwise in the General Plan, any specific plan, or the improvement standards of Tulare County, referred by Section 7-01-2025 of this Ordinance, the minimum easement width and pavement width for private easements for vehicular access shall be as follows:

(1)    Number of parcels to be served which do not have the required minimum frontage on a County maintained road:

Number	Easement Width	Pavement Width
1	18’	10’
2	18’	16’
3	20’	18’
4	26’	20’

(2)    Notwithstanding (1) above, any private road serving two parcels in a State Responsibility Area shall have a minimum easement width of twenty (20) feet and a minimum pavement width of eighteen (18) feet.

(3)    If more than four (4) parcels will be served which do not have the minimum required frontage on a County maintained road, the easement and pavement width shall be the same as set forth in the standards referred to in Section 7-01-2025 of this Chapter for the category of County road that it would be classified if it were being dedicated to the County.

(b)    Instead of paving a private easement for vehicular access, a graded travel way, which is the same width as the pavement width set forth in subsection (a) above, may be provided if all of the following requirements are met:

(1)    Four (4) or less parcels will be served, each of which is forty (40) acres or more in area, or only one (1) or two (2) parcels will be served regardless of their size.

(2)    The road to be graded is an existing easement for access to the parcels being created and has been in existence for five (5) years or more.

(3)    The Public Works Director has waived the requirement that an irrevocable offer of dedication be made with regard to the easement to be graded, pursuant to Section 7-01-2235 of this Article.

(c)    The maximum length of private easements for vehicular access, when they constitute cul de sacs or dead end streets, shall be as follows:

(1)    If any parcel created, which does not have the required minimum frontage on a County maintained road, is less than ten (10) acres in area, the length of the easement shall not exceed one thousand (1,000) feet in mountainous areas and six hundred sixty (660) feet in nonmountainous areas.

(2)    If all parcels created, which do not have the required minimum frontage on a County maintained road, are ten (10) acres or more in area, including any portion of the parcel subject to an easement for vehicular access, the length of the easement shall not exceed one thousand three hundred twenty (1,320) feet in mountainous areas and eight hundred (800) feet in nonmountainous areas.

(3)    Regardless of the provisions of paragraphs (1) and (2) hereinabove, if the private easement for vehicular access is allowed to be graded, pursuant to subsection (b) hereinabove, there shall be no maximum length for the easement.

(d)    When improvements are required by this section for private easements for vehicular access, said improvements shall be constructed in conformity with the standards referred to in section 7-01-2025 of this Chapter, including any modifications thereof by the Site Plan Review Committee made to ensure conformity with the General Plan or approved through the exception procedure set forth in Article 19 of this Chapter.

(e)    When required by Section 7-01-1300 of this Chapter, the subdivider shall make provision for the future maintenance and repair of all private easements for vehicular access required by this Article. Evidence of such provision shall be provided to the County at the time of filing the final map in the manner set forth in subsection (e) of Section 7-01-1960 of this Chapter except that if waiver of the filing of a final map is requested by the subdivider, such evidence shall be filed prior to approval of the waiver by the Site Plan Review Committee.

7-01-2235 SAME: DEDICATION IN ADDITION TO PRIVATE EASEMENT FOR VEHICULAR ACCESS:

In any case where a person applying for approval of a parcel map proposes that a private easement for vehicular access serve as the means of access to a parcel, in accordance with sections 7-01-2200, 7-01-2205 and 7-01-2230 of this Article, he shall also make an irrevocable offer to dedicate a County road over the same alignment. Such irrevocable offer shall be made when an existing private easement is to serve as access as well as when a new private easement is being created. Such offer of dedication of a County road shall be for a road width, which meets the requirements and standards established for subdivisions for which final subdivision maps are required. Such offer of dedication will not be accepted by the Board of Supervisors until such time as it appears necessary or desirable to have a County road at that location. The person applying for approval of a parcel map shall only be required to make improvements in accordance with the requirements for private easements for vehicular access rather than the standards for County roads. The form of such offer to dedicate shall comply with the provisions of section 7-01-2425 of this Article. The provisions of section 7-01-2225 of this Article shall be applicable to any improvements located on the property, which is subject to the offer to dedicate after the offer to dedicate has been accepted. If, in any case, the Public Works Director determines that it would not be beneficial for the County, or a city that might be the successor in interest to the County, to have a public road at such a location, he may waive such an offer to dedicate.

7-01-2240 FIRE HYDRANTS:

Fire hydrants may be required in the area being divided if the lots are served by a community water system and if the County Fire Chief so recommends. Fire hydrants shall be designed and installed in accordance with the standards referred to in section 7-01-2025 of this Chapter, Appendixes B and C of the 2007 California Fire Code and National Fire Protection Association (NFPA) 1142, 2007 Edition.

(Amended by Ord. No. 3407, effective 6-3-10)

7-01-2245 SEWAGE SYSTEMS: SPECIAL PROVISIONS:

In cases where individual sewage systems are proposed in mountainous areas, the lots shall be deemed to be in the "poor soils" category as defined in section 7-01-1335 of this Chapter and the minimum lot sizes shall be as indicated for "poor soils" on the Slope/Area Diagram contained in section 7-01-1330 of this Chapter. Reclassification of the soils category to "questionable" or "acceptable soils" may be approved by the Site Plan Review Committee provided substantiating technical data, prepared by a registered engineering geologist, registered geologist or a registered civil engineer, has been submitted by the applicant.

7-01-2250 CURBS AND GUTTERS:

Curbs and gutters shall be required on all lots created by the parcel map fronting on County roads, except for any lot that comes within any of the following exceptions:

(a)    Any lot containing more than two and one half (2 1/2) acres.

(b)    Any lot located in a mountainous area.

(c)    Any lot located outside of the urban improvement areas established by the General Plan.

If a lot has more than two hundred (200) feet of frontage on a County road, then two hundred (200) lineal feet of curbs and gutters shall be provided on the County road at the location designated by the Site Plan Review Committee. On lots that have frontage on more than one County road, curbs and gutters shall be provided on each road and a maximum of two hundred (200) lineal feet of curbs and gutters are required on each road.

7-01-2255 SIDEWALKS:

Regardless of the provisions of section 7-01-1240 of this Chapter, sidewalks shall not be required to be provided except under the same circumstances and in the same locations where curbs and gutters are required to be constructed under section 7-01-2250 of this Article. However, if curbs and gutters are already in existence, then sidewalks shall be required in accordance with section 7-01-1240 of this Chapter.

7-01-2260 UTILITY EASEMENTS:

Utility easements for the location of overhead or underground utilities shall be required at such locations as may be necessary to provide the lots to be created with electric power, sewer lines, gas lines, street lighting and communications.

7-01-2265 STREET LIGHTS: NOT REQUIRED:

Regardless of the provisions of sections 7-01-1435 and 7-01-2010 of this Chapter, the subdivider is not required to provide street lights or ducts for street lights.

7-01-2270 FLOODING AND PONDING:

Areas, which are located within a floodway or selected flood lines or which are otherwise subject to ponding of surface water shall not be divided under this Article unless they come within one or more of the following provisions:

(a)    The parcels to be created each have sufficient area which is not subject or flooding or ponding to provide an adequate area for any intended residences, commercial or industrial structures, or other buildings or structures proposed to be constructed on each parcel, including individual wells and/or sewage disposal systems needed in connection with such structures.

(b)    The purpose of the parcel map proceeding is to convey or lease land to an abutting property owner for the purpose of enlarging his parcel.

(c)    The owner is willing to take necessary measures to prevent the flooding or ponding as provided in Section 7-01-1470 of this Chapter. The County Public Works Director shall review the measures proposed to be taken to prevent flooding or ponding and shall report to the Site Plan Review Committee on the adequacy of such measures. If the owner is required to grade building pads or fill the site above the elevation of the selected flood, the certificate required in Section 7-01-2035 shall also be required.

(d)    All of the parcels being created are already completely developed with residential, commercial or industrial structures and there is no evidence of present intent to build other structures on the property.

7-01-2275 HAZARDOUS AREAS:

Areas which are subject to slides or other similar hazards to public safety shall not be divided under this Article unless they come within one or more of the following provisions:

(a)    The parcels to be created each have sufficient area which is not subject to slides or other similar hazards to provide an adequate area for any intended residences, commercial or industrial structures, or other buildings or structures proposed to be constructed on each parcel.

(b)    The purpose of the parcel map proceeding is to convey or lease land to an abutting property owner for the purpose of enlarging his parcel.

(c)    The owner is willing to take necessary measures to prevent such slides or other similar hazards, under the direction of a registered engineering geologist, soils scientist or registered civil engineer.

(d)    All of the parcels being created are already completely developed with residential, commercial or industrial structures and there is no evidence of present intent to build other structures on the property.

7-01-2280 PRELIMINARY PARCEL MAP:

Prior to submitting a tentative parcel map, a subdivider shall submit a preliminary map of the subdivision to the Planning and Development Director in accordance with Article 7 of this Chapter, if the subdivision comes within any of the following categories:

(a)    All or a portion of the proposed subdivision is located within the boundaries of a zone, established pursuant to the Zoning Ordinance, which requires a site plan review for parcel maps.

(b)    A vesting tentative map is to be filed for the parcel map in accordance with Chapter 4.5 of Division 2 of Title 7 of the Government Code of the State of California.

7-01-2285 TENTATIVE PARCEL MAP: FILING: FEES:

(a)    A tentative parcel map is required for all subdivisions for which a parcel map is required by the Subdivision Map Act. The tentative parcel map shall be delivered to the Planning and Development Director prior to the completion of final surveys of streets and lots and before any grading or construction work is begun.

(b)    Twelve (12) copies of the tentative parcel map shall be delivered to the Planning and Development Director.

(c)    At the time of delivering the tentative parcel map, the applicant shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter to defray the expenses incidental to processing the map.

(d)    The tentative parcel map shall not be deemed to be filed until the Planning and Development Director has made the review authorized by section 65943 of the Government Code of the State of California and has determined whether the map and accompanying documents are complete. When the Planning and Development Director has determined that said map and documents are complete, and transmitted the written notice that the map and documents are complete, or when the thirty (30) day period has expired, all as set forth in said section 65943, the tentative parcel map shall be deemed to be filed. If the Planning and Development Director notifies the subdivider that the map and documents are not complete, the tentative parcel map shall not be deemed to be filed until the Planning and Development Director determines that all information required by the notice has been provided by the subdivider.

(e)    Notwithstanding the provisions of subsection (d) of this section, the tentative parcel map shall not be deemed to be filed for the purposes of section 7-01-2315 of this Article until the environmental documentation required by the Environmental Quality Act of 1970 (Public Resources Code section 21000 et seq.) have been completed in accordance with the Tulare County Guidelines for implementing said Act.

7-01-2290 TENTATIVE PARCEL MAP: REQUIREMENTS:

The tentative parcel map shall be legibly drawn, in pencil or ink, and shall use a decimal or an engineer’s scale of not less than one (1) inch equals one hundred (100) feet unless the Planning and Development Director determines that a different scale will be adequate and appropriate for the tentative map. The size of each sheet shall be eleven (11) by seventeen (17) inches unless a larger sheet is required in which event sheets, which are eighteen (18) by twenty six (26) inches, shall be used. The tentative map shall clearly show the following information:

(a)    The dimensions and boundaries of the original parcel, with a legal description of the original parcel attached to the map.

(b)    The dimensions, computed area and boundaries of each parcel to be created.

(c)    All existing surface and underground structures and improvements located on the original parcel together with the exterior dimensions of said structures and improvements, the distance between structures and improvements, the number of stories or the height of each structure and the distance from the structures and improvements to the boundary lines of the lots which are to be created by the proposed division of land.

(d)    The names, locations and widths of all existing and proposed streets abutting the original parcel.

(e)    The location, purpose and width of all existing and proposed easements and the names of the owners and proposed owners of the easements. Easement boundaries shall be shown by means of a dotted line.

(f)    Sufficient elevations and contours to determine the general slope of the land and the high and low points thereof shall be shown. If the natural ground slope exceeds twenty percent (20%), contours shall be shown at a minimum of ten (10) foot intervals; provided, however, that if the parcels being created total forty (40) acres or more, contour data from United States Coast and Geodetic Surveys may be submitted instead. Bluffs, knolls, rock outcroppings or other significant characteristics of the terrain, which may have an effect on lot design or installation of improvements shall be shown and properly labeled.

(g)    Approximate locations of all areas subject to flooding or ponding of surface water, the location, width and direction of flow of all watercourses and the location of floodways and/or selected flood lines. The elevation of the base flood shall also be provided for any parcel, which is less than five (5) acres in size.

(h)    Existing use or uses of the property.

(i)    Proposed use of the property and, if property is proposed to be used for more than one purpose, the areas proposed for each type of use.

(j)    Statement of the improvements and public utilities proposed to be made or installed and the time at which such improvements are proposed to be completed.

(k)    North point, scale and date of preparation.

(l)    Provisions for sewage disposal.

(m)    The proposed water supply. If water is to be furnished from a source other than from wells or springs within the individual lot or lots, a letter from the utility company which will serve the lots shall accompany the plat stating that adequate water is available and can be furnished to each lot.

(n)    The names, addresses and telephone numbers of the property owners, the person filing the map, and the registered civil engineer or licensed land surveyor, if any, who prepared the map.

(o)    The names and addresses of all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the tentative parcel map.

(p)    If a vesting tentative parcel map is to be filed, it shall be accompanied by such additional information, plans and documents as may be required by the Site Plan Review Committee in its report on the design conference for the preliminary parcel map required by Section 7-01-1635 of this Chapter. In addition, a vesting tentative parcel map shall show thereon the same information required for vesting tentative maps in Section 7-01-1710 of this Chapter.

(q)    Such other information as the Planning and Development Director determines is necessary for the Site Plan Review Committee to properly consider the proposed division of land.

7-01-2295 GEOLOGICAL HYDROLOGICAL REPORTS:

(a)    Unless a preliminary map is required by section 7-01-2280 of this Article, the tentative parcel map shall be accompanied by six (6) copies of a preliminary geological hydrological report, which complies with the requirements of section 7-01-1610 of this Chapter. In those cases where a preliminary parcel map was filed pursuant to section 7-01-2280, and the Site Plan Review Committee so requires, the tentative parcel map shall be accompanied by six (6) copies of a final geological hydrological report, which complies with the requirements of section 7-01-1725 of this Chapter.

(b)    If the Planning and Development Director determines, at the time the tentative parcel map is filed, that sufficient accurate information is already available with regard to any or all of the matters to be covered in the preliminary geological hydrological report, he may waive a report on such matters.

(c)    If, after reviewing the preliminary geological hydrological report, the Site Plan Review Committee determines that further information is necessary to properly evaluate any or all of the matters contained in the preliminary report, the Site Plan Review Committee may require the preparation and filing of a final geological-hydrological report covering such matters. Such final report shall comply with the requirements of section 7-01-1725 of this Chapter. Determination as to the location and number of test wells for a parcel map shall be made by the Site Plan Review Committee following the same procedures specified in section 7-01-1725 to be followed by the Planning and Development Director for other subdivisions. If such a final report is required after the filing of the tentative parcel map, the deadline for taking action on the tentative parcel map is extended until ten (10) days after such report is filed with the Site Plan Review Committee.

7-01-2300 SAME: FEES FOR HEALTH OFFICER REVIEW:

At the time of filing a preliminary or final geological-hydrological report the subdivider shall pay the initial fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of the County Health Officer in reviewing the report. The County Health Officer shall keep accurate records of the actual costs associated with the review. Upon completion of the review and approval of the report, the Health Officer shall bill the subdivider for the actual costs of the review in excess of the initial fee and the subdivider shall pay the cost thereof to the Health Officer. The Site Plan Review Committee shall withhold action on the tentative parcel map pursuant to Section 7-01-2320 of this Article until the fee for the Health Officer’s review of the preliminary or final geological hydrological report is paid.

7-01-2305 NOTICE OF HEARING:

At least ten (10) days prior to the hearing before the Site Plan Review Committee on the tentative parcel map, the Planning and Development Director shall publish and give notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California.

7-01-2310 IMPOSITION OF FEES: INTERIM SCHOOL FACILITIES:

(a)    If a school district in which the proposed subdivision is located has made the findings specified in Section 7-21-1015 of this Ordinance Code and the Board of Supervisors has concurred in such findings and determined the fees payable by a developer in accordance with Sections 7-21-1020 and 7-21-1040 of this Code, the Site Plan Review Committee shall not approve the tentative parcel map without finding that the fees previously determined by the Board are required, and imposing such fees as a condition of approval.

(b)    The subdivider may appeal the requirement of fees to the Board of Supervisors in accordance with Section 7-21-1030 of this Ordinance Code.

7-01-2315 HEARING ON TENTATIVE PARCEL MAP:

The Site Plan Review Committee shall hold its public hearing and review and approve, conditionally approve or disapprove the tentative parcel map within thirty (30) days after the date of filing with the Planning and Development Director. The date of filing the tentative parcel map shall be determined in accordance with section 7-01-2285 of this Article. Said time limits may be extended by mutual consent of the Site Plan Review Committee and the applicant.

7-01-2320 ACTION BY SITE PLAN REVIEW COMMITTEE:

(a)    The Site Plan Review Committee established pursuant to Section 16.2 of the Zoning Ordinance is hereby authorized to approve, conditionally approve or disapprove tentative parcel maps.

(b)    If the Site Plan Review Committee determines that the tentative parcel map complies with all of the provisions of this Article, it shall approve the map.

(c)    If the tentative parcel map fails to meet one or more requirements set forth in this Article, the Site Plan Review Committee may approve the map subject to such conditions as may be necessary to conform to such requirements.

(d)    When approving or conditionally approving a tentative parcel map, the Site Plan Review Committee shall specify the dedications and improvements to be made by the subdivider.

(e)    Within seven (7) days after the action by the Site Plan Review Committee, written notice of the action by the Committee shall be mailed to the subdivider. If the subdivider is not the owner, a copy of the written notice shall also be mailed to the owner.

(f)    Upon approval of the tentative parcel map by the Site Plan Review Committee, the tentative parcel map shall be so marked and all conditions of approval and required dedications and improvements clearly specified on or with the map. Copies of the approved tentative parcel map shall be filed with the Planning and Development Director, the County Health Department and the County Public Works Director. If the tentative parcel map is a vesting tentative parcel map, a copy of the approved map shall also be filed with the Board of Supervisors.

7-01-2325 WAIVER OF MINOR ERRORS:

Pursuant to section 66473 of the Government Code of the State of California, the Site Plan Review Committee shall not disapprove a tentative parcel map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if the Committee determines that the failure of the map is a result of a technical or inadvertent error which does not, in the determination of the Committee, materially affect the validity of the map. A decision by the Committee on such a matter is subject to an appeal to the Board of Supervisors pursuant to section 7-01-2350 of this Article.

7-01-2330 SAME: IMPROVEMENTS:

At the time of action on the tentative parcel map, the Site Plan Review Committee shall attempt to negotiate an agreement with the subdivider for the construction of required offsite and onsite improvements pursuant to sections 66411.1 and/or 66424.6 of the Government Code of the State of California. If such an agreement cannot be reached, the Site Plan Review Committee may nonetheless determine that such improvements are to be required within a reasonable time following the approval of the final parcel map on the grounds specified in said sections 66411.1 and/or 66424.6.

7-01-2335 SAME: OFFSITE IMPROVEMENTS:

When the construction of an offsite improvement or an improvement which serves or is located on more than one parcel is being deferred, the Site Plan Review Committee may require the subdivider to enter into an agreement with the County specifying that the owners of certain parcels shall construct such deferred improvement, and any other terms and conditions which are necessary to effectively carry out the deferred improvement and which are fair and equitable to the subsequent owners of the several parcels.

7-01-2340 ACTION ON VARIOUS ENVIRONMENTAL MATTERS AND CONFORMITY TO PLANS:

The Site Plan Review Committee is hereby assigned the responsibility to take action on a tentative parcel map on the grounds set forth in sections 66473.5, 66474, 66474.01, 66474.4 and 66474.6 of the Government Code of the State of California.

7-01-2345 ACTION ON MAPS SUBJECT TO SITING CRITERIA OF TULARE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN:

In determining whether to approve or disapprove a tentative parcel map, the Site Plan Review Committee shall determine if the siting criteria for specified hazardous waste facilities established in Sections 7.2 and 7.3 of the Tulare County Hazardous Waste Management Plan are applicable to the subdivision. If the siting criteria are applicable, the tentative parcel map shall not be approved unless the Site Plan Review Committee finds, based upon substantial evidence in the record, that the subdivision is consistent with said siting criteria.

7-01-2350 APPEALS:

(a)    Except as herein provided, all appeals regarding tentative parcel maps shall be subject to the provisions of section 165 of the Ordinance Code.

(b)    In accordance with section 66452.5 of the Government Code of the State of California, a subdivider or any other interested person adversely affected by a decision of the Site Plan Review Committee may appeal to the Board of Supervisors. Such an appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the Committee from which the appeal is being taken. The action of the Committee shall be final unless such an appeal is filed within said ten (10) day period.

(c)    Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The hearing shall be held within thirty (30) days after the date of filing the appeal. The Clerk of the Board of Supervisors shall notify the appellant, the subdivider if he or she is not the appellant, and the Planning and Development Director of the time set for the hearing. Notice of the hearing shall also be given by the Clerk of the Board of Supervisors in the same manner as that required for hearing before the Site Plan Review Committee.

(d)    Following the conclusion of the hearing, the Board of Supervisors shall render its decision on the appeal within the time provided in section 66452.5 of the Government Code of the State of California. The decision shall comply with the provisions of sections 66473, 66473.5 and 66474 of the Government Code and shall include any findings required by such sections, and such other findings as are appropriate. The Board of Supervisors may sustain, modify, reject or overrule any rulings of the Site Plan Review Committee.

7-01-2355 REVISIONS IN TENTATIVE MAP:

Major and minor revisions in the approved tentative map may be made pursuant to the procedure set forth in Article 11 (commencing with section 7-01-1865) of this Chapter.

7-01-2360 WAIVER OF FINAL PARCEL MAP:

The requirements of this Article for the filing and approval of a final parcel map may be waived by the Site Plan Review Committee if the property to be divided comes within any of the following categories:

(a)    Any parcel or parcels of land to be divided into four (4) or less parcels, each of a gross area of ten (10) acres or more.

(b)    Any parcel or parcels of land to be divided into parcels, each of a gross area of forty (40) acres or more.

(c)    Any parcel of land which is being divided into two (2) parcels, regardless of size, when the original parcel has frontage on an existing public road and no portion of the parcel is located within the Urban Area Boundary of a city or unincorporated area as established by the Urban Boundaries Element of the General Plan.

(d)    Any parcel which is being divided for the sole purpose of conveying property to an adjoining property owner.

The subdivider may file an application for a waiver of the final parcel map with the Planning and Development Director at the time of filing the tentative map; provided, however, that in no case may an application for waiver be filed in conjunction with a vesting tentative map. The Planning and Development Director shall prescribe the form of the application for such a waiver. The application shall be accompanied by the applicable fee set forth in Article 5 of this Chapter to defray the expenses of processing the application.

7-01-2365 SAME: ACTION ON WAIVER:

(a)    At the same time that it takes action on the tentative parcel map, the Site Plan Review Committee shall also act on the application for a waiver of the requirement that a final map be filed and approved. The Site Plan Review Committee shall approve the waiver only if it finds that the proposed division of land complies with all requirements of the Subdivision Map Act and this Chapter as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and all other requirements of State law and this Chapter with regard to a subdivision of the type proposed. In all other cases the Site Plan Review Committee shall disapprove the application for waiver. The Site Plan Review Committee shall give the applicant written notice of its action on his application for a waiver and, if the application is disapproved, advise him of the reasons for disapproval.

(b)    The waiver shall not be effective until the Site Plan Review Committee causes to be filed for record a copy of the resolution of said Committee approving the tentative parcel map and waiving the requirements for the filing and approval of a final parcel map, in accordance with section 66411.1 of the Government Code of the State of California. The resolution shall contain a legal description of each parcel shown on the tentative parcel map approved by the Committee. Said resolution shall not be recorded until the appeal period specified in section 7-01-2350 of this Article has expired without an appeal having been filed and, if an appeal is filed, said resolution shall not be recorded until the termination of the appeal proceedings.

(c)    Whenever property included in a tentative parcel map for which a waiver of final parcel map is requested is subject to a lien for taxes or special assessments which are not payable, the Committee Resolution identified in paragraph (b) above shall not be recorded until the owner or subdivider executes and files with the Clerk of the Board of Supervisors the same security for the payment of said taxes and special assessments as is required for final maps and parcel maps pursuant to section 66492 and 66493 of the Government Code of the State of California. Said security shall be held, applied and released in full compliance with the procedures applicable to such maps under section 66494 of the Government Code of the State of California.

7-01-2370 SAME: DENIAL OF WAIVER: APPEAL:

If a requested waiver of the final parcel map is disapproved by the Site Plan Review Committee, the applicant may appeal to the Board of Supervisors within the time limits and pursuant to all of the same procedures and requirements set forth in section 7-01-2350 of this Article. After the hearing, the Board of Supervisors may affirm or reverse the action of the Site Plan Review Committee.

7-01-2375 TIME LIMIT ON TENTATIVE PARCEL MAP:

(a)    The time limits for an approved or conditionally approved tentative parcel map shall be the same as set forth in section 66463.5(a) of the Government Code of the State of California; provided, however, that the provisions of said section 66463.5(a), as amended by Chapter 923 of the Statutes of 1982, shall be fully applicable to any tentative parcel map which was approved or conditionally approved prior to January 1, 1982, provided that such maps have not expired before said date.

(b)    The initial time limits for the rights conferred by an approved vesting tentative parcel map as provided by Chapter 4.5 (commencing with section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California shall be the same as set forth in subsection (a) of this section for approved tentative parcel maps. This initial time limit may be extended in the manner provided for approved tentative parcel maps in Section 7-01-2380 of this Chapter, but in no case shall exceed one (1) year beyond the recording of a parcel map unless more time is authorized pursuant to subdivisions (g) and (h) of section 66452.6 of the Government Code.

7-01-2380 APPLICATION FOR EXTENSION OF TIME: FEES:

If the subdivider requests an extension of time for the expiration of an approved tentative parcel map, pursuant to section 66463.5 of the Government Code of the State of California, the applicable filing fee set forth in Article 5 of this Chapter shall be paid to the Planning and Development Director to defray the expenses incidental to processing the request.

7-01-2385 FINAL PARCEL MAP: FILING:

The final parcel map shall be prepared in accordance with the approved tentative parcel map and the Subdivision Map Act by a registered civil engineer or licensed land surveyor and shall be filed with the Public Works Director. At the time of filing the final parcel map, the applicant shall pay the applicable fee set forth in Article 5 of this Chapter to defray the expenses of checking the map. Within twenty (20) calendar days after receipt of the final parcel map, or within such additional time as may be reasonably necessary, the Public Works Director shall examine it for the survey information shown thereon, and if he is satisfied that it is technically correct, he shall sign the appropriate certificate on the map.

7-01-2390 WAIVER OF MINOR ERRORS:

Pursuant to section 66473 of the Government Code of the State of California, the Public Works Director shall not disapprove a final parcel map because of a failure to meet or perform a requirement or condition imposed by the Subdivision Map Act or this Chapter if he determines that the failure of the map is a result of a technical or inadvertent error which does not, in his determination, materially affect the validity of the final parcel map.

7-01-2395 FIELD SURVEY:

When the parcel map has not been waived pursuant to section 7-01-2360 of this Article, the parcel map shall be based on a field survey of the land conducted in accordance with the Land Surveyor’s Act of the State of California, except for a designated remainder parcel which is exempted from such survey requirements by section 66445 of the Government Code of the State of California.

7-01-2400 MONUMENTS:

Monuments for the property included in the final parcel map shall be set in accordance with section 7-01-1985 of this Chapter and sections 66495-66498 of the Government Code of the State of California.

7-01-2405 INFORMATION ON FINAL PARCEL MAP:

In addition to providing the information required by State law, the final parcel map shall contain the following information:

(a)    Each parcel shall be consecutively numbered.

(b)    Each parcel shall have its area shown to the nearest one hundredth (0.01) of an acre.

(c)    The exterior boundary of the land included within the new parcel or parcels being created shall be indicated by a blue colored border one eighth (1/8) of an inch in width.

(d)    The parcel map number and name, if any, and date of preparation.

(e)    The net dimensions of each lot. No ditto marks shall be used.

(f)    The names, locations and right of way widths of all abutting public streets.

(g)    The proposed location, purpose and width of all proposed public roads and private access easements.

(h)    The boundaries of any private easement, whether an easement of record or a prescriptive easement, shall be shown by means of a dotted line and the name of the person owning the easement shall be shown on the map.

(i)    Location and widths of easements for public utilities, if required.

(j)    The location and widths of easements for drainage facilities and watercourses, if required.

(k)    A North point and graphic scale.

(l)    Location or vicinity map at a minimum scale of one (1) inch equals one (1) mile.

(m)    Names and addresses of the owners of the property being divided.

(n)    A notation of reference to the additional information required in Section 7-01-2415 of this Article.

(o)    Any additional information which, in the judgment of the body which took final action of the tentative parcel map, affects record title interests shall be shown on the final map.

7-01-2410 FINAL PARCEL MAP: CONSENT BY OWNERS:

Subsection (f) of section 66445 of the Government Code of the State of California allows the subdivider to execute a certificate consenting to the preparation and recordation of a final parcel map under certain circumstances. In such a case, if the subdivider does not have record title ownership interest in the property, the subdivider shall provide the Public Works Director with satisfactory evidence that the persons with record title ownership have consented to the proposed division of land.

7-01-2415 FINAL PARCEL MAP: ADDITIONAL INFORMATION:

In accordance with section 66434.2 of the Government Code, the following information shall be filed or recorded simultaneously with the final parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness of sufficiency of those records or reports by the preparer of the document or additional map sheet.

(a)    Locations and widths of drainage channels, watercourses, selected flood lines and proposed flood control works.

(b)    Building setback lines, if required by the body, which took final action on the tentative parcel map.

(c)    If a final geological hydrological report and/or a soil investigation report has been prepared, this fact shall be noted, together with the date of the report, the name of the registered civil engineer or geologist making the report, and the location where the report is on file.

(d)    Any additional information which was required to be filed or recorded with the final parcel map by the body which took final action on the tentative parcel map and which does not affect record title interests.

7-01-2420 PARCEL MAP DEDICATIONS, CONVEYANCES AND PUBLIC UTILITY EASEMENTS:

(a)    All parcels of land shown on the final map as intended for public use shall be offered for dedication for public use at the time the final parcel map is submitted to the Public Works Director except those parcels which are intended for the exclusive use of lot owners in the subdivision, their licensees, visitors, tenants and servants.

(b)    All streets, alleys, pedestrian ways, drainage channels, flood control works, easements and other rights of way shown on the final parcel map as intended for public use, except easements for those public utilities regulated by the Public Utilities Commission of the State of California, shall be offered for dedication for public use at the time the final parcel map is submitted to the Public Works Director.

(c)    All rights of access to and from streets, lots and parcels of land shown on the final parcel map which are intended to be surrendered shall be offered for dedication at the time the final parcel map is submitted to the Public Works Director.

7-01-2425 FORM OF DEDICATIONS:

When the owner has been required by the Site Plan Review Committee to dedicate or to offer to dedicate property to the County, or the owner desires to make dedications which have not been required, such dedications and offers to dedicate shall ordinarily be made by a certificate on the final parcel map. If the Public Works Director determines that because of the length of the dedication or offer to dedicate, or for other good and sufficient reason, that the dedication or offer to dedicate may be made by a separate instrument accompanying the parcel map, the owner may provide the separate instrument. An offer to dedicate shall be in a form approved by the County Counsel and shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest, and said offer of dedication shall continue until it has been accepted or rejected. When the owner is required to make improvements on property to be dedicated to the County, the dedication, shall be deemed to be completed, only upon the satisfactory completion of such improvements and acceptance of the improvements by the Board of Supervisors.

7-01-2430 ACCEPTANCE OF DEDICATIONS:

Pursuant to section 66463 of the Government Code of the State of California, the Public Works Director is hereby authorized to accept or reject dedications and offers of dedication that are made by certificate on the final parcel map. He shall execute a certificate on the final parcel map stating his action.

7-01-2435 FEES: PLAN CHECKING AND INSPECTION:

(a)    The subdivider shall pay the applicable fee set forth in Article 5 of this Chapter to cover the expense to the County of checking the plans for all improvements required by the County pursuant to this Article and the expense of inspecting the construction of such improvements. The fee shall be based on the estimated total cost of constructing such improvements.

(b)    Said fee shall be paid to the Public Works Director at the time of filing the final parcel map for approval. The estimate of the cost shall be made by the Public Works Director based upon the current cost of similar work performed within the general area where the improvements are to be constructed. If the parcel map is withdrawn or a reversion to acreage map is recorded, the unexpended portion of said fee shall be refunded upon receipt by the Public Works Director of a written application from the subdivider.

7-01-2440 IMPROVEMENTS, AGREEMENT AND SECURITY:

If the required improvements, including construction of private easements for vehicular access, have not been completed at the time when the final parcel map is submitted to the Public Works Director, the final parcel map shall not be approved until the subdivider has entered into an agreement with the Board of Supervisors to complete all of the said improvements if:

(a)    The subdivider has agreed with the Site Plan Review Committee that he will enter into an agreement with the County to construct said improvements, as specified in section 7-01-2330 of this Article; or

(b)    The Site Plan Review Committee has determined that construction of such improvements is to be required within a reasonable time following approval of the final parcel map, as specified in section 7-01-2330 of this Article and sections 66411.1 and/or 66424.6 of the Government Code of the State of California.

Said agreement shall be subject to all of the provisions of this Chapter governing such agreements for other subdivisions. In addition, the subdivider shall provide security to guarantee the County the completion of said improvements and said security shall be in the same form, and subject to all of the same conditions, restrictions and other provisions applicable to the similar security required for other subdivisions under this Chapter.

7-01-2445 SAME: EXECUTION BY PUBLIC WORKS DIRECTOR:

The Board of Supervisors may, by resolution, authorize the Public Works Director and duly authorized employees in his office, to execute, on behalf of the County, the agreement for improvements referred to in section 7-01-2440 of this Article. The Board of Supervisors shall approve a form agreement, which the Public Works Director shall use for this purpose.

7-01-2450 DEFERRING CONSTRUCTION OF IMPROVEMENTS:

When the subdivider is not required, and is not willing, to enter into an agreement for the construction of improvements pursuant to section 7-01-2440 of this Article and sections 66411.1 and/or 66424.6 of the Government Code of the State of California, the construction of said improvements will be deferred and section 7-15-1940 et seq. of this Ordinance Code shall govern the construction of said improvements at a later date. Any agreement entered into pursuant to section 7-01-2335 of this Article shall also govern such construction of deferred improvements.

7-01-2455 DEPOSIT OF COST OF WORK:

When the Site Plan Review Committee has determined that it is not feasible for the subdivider to perform the required improvements within a reasonable time after the approval of the final parcel map, the subdivider and the County may enter into an agreement providing that the subdivider shall make a deposit of money with the County to pay the cost of the work. The Public Works Director shall determine the estimated cost to the applicant of performing the work. When a deposit has been made pursuant to this section, the subdivider shall have no further duties or liabilities in connection with the construction of such improvements. Such a deposit shall be held by the County solely for the performance of the agreed work and if said work has not been completed within five (5) years after the date of execution of the agreement by the Board of Supervisors, the County shall return the money deposited by the subdivider, without interest, to the subdivider, his heirs or assigns. If the territory in which the improvement is to be constructed is annexed to a city prior to the construction of the improvement, the County may offer to transfer to such city all funds theretofore deposited with the County. Any funds so transferred to the city shall be held by the city solely for the performance of the agreed work and shall be returned to the subdivider, his heirs or assigns, if the work has not been performed within said five (5) year period.

7-01-2460 APPROVAL OF MAP: RECORDING:

When all certificates have been executed, and all other requirements of the Subdivision Map Act and this Article complied with, the Public Works Director shall transmit the final parcel map to the County Clerk/Recorder/Assessor for filing in accordance with the Subdivision Map Act.

ARTICLE 17. LOT LINE ADJUSTMENTS

7-01-2510 PURPOSE:

Section 66412 of the Government Code of the State of California provides that lot line adjustments are excluded from the requirements of the Subdivision Map Act when they have been approved by the local agency or advisory agency. The purpose of this Article is to provide a procedure for granting such approval.

7-01-2515 ALTERNATIVE PROCEDURES:

Nothing in this Article is intended to prohibit a subdivider from proposing lot line adjustments in conjunction with a subdivision of land, which is being proposed by means of a final map or parcel map. In addition, an applicant may follow the parcel map procedures set forth in Article 15 (commencing with section 7-01-2150) of this Chapter to accomplish a lot line adjustment as an alternative to following the procedures in this Article.

7-01-2520 LOT LINE ADJUSTMENT: DEFINITION:

"Lot line adjustment," as used in this Article, means the division of two (2) or more existing adjacent parcels for the purpose of conveying land from one (1) or more parcels to one (1) or more adjacent parcels, where a greater number of parcels than originally existed is not thereby created.

7-01-2525 LOT LINE ADJUSTMENT MAP: FILING: FEES: DISTRIBUTION:

(a)    A lot line adjustment map as described in section 7-01-2530 of this Article is required for all lot line adjustments.

(b)    The applicant for a lot line adjustment shall deliver to the Planning and Development Director eight (8) copies of a lot line adjustment map on which the proposed lot line adjustment is shown. At the time of delivering the lot line adjustment map, the applicant shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter to defray the expenses incidental to processing the map.

(c)    The lot line adjustment map shall not be deemed to be filed until the Planning and Development Director has made the review authorized by section 65943 of the Government Code of the State of California and has determined whether the map and accompanying documents are complete. When the Planning and Development Director has determined that said map and documents are complete, and has transmitted the written notice that the map and documents are complete, or when the thirty (30) day period has expired, all as set forth in said section 65943, the lot line adjustment map shall be deemed to be filed. If the Planning and Development Director notifies the applicant that the map and documents are not complete, the map shall not be deemed to be filed until the Planning and Development Director determines that all information required by the notice has been provided by the applicant.

(d)    Within five (5) days after the delivery of the lot line adjustment map, the Planning and Development Director shall submit copies of the lot line adjustment map and accompanying documents to the Public Works Director, the County Health Department, the County Fire Warden and to each of the public utilities affected, together with a request for recommendations on the proposed lot line adjustment. The Planning and Development Director may also transmit copies of the lot line adjustment map and accompanying documents to water districts, irrigation districts, community services districts, and other public and private agencies affected by the proposed lot line adjustment, together with requests for recommendations on the proposed lot line adjustment.

7-01-2530 LOT LINE ADJUSTMENT MAP: REQUIREMENTS:

The lot line adjustment map shall be on paper eight and one half (8 1/2) by eleven (11) inches or eighteen (18) by twenty six (26) inches. The lot line adjustment map shall be legibly drawn in pencil or ink and shall use a decimal or an engineer’s scale adequate and appropriate for the map. The lot line adjustment map shall clearly show the following information:

(a)    The boundary lines of the original parcels, with dimensions. Such information shall be based on existing survey or other record data.

(b)    The proposed division lines with dimensions and the net area of each lot to be created by such lot line adjustment.

(c)    All existing surface and underground structures and improvements located on the original parcels within fifty (50) feet of the boundary of each unit of land to be transferred or conveyed between adjoining lots or parcels.

(d)    The names, locations and widths of all abutting streets.

(e)    The location, purpose and width of all existing and proposed streets and easements affected by or in close proximity to the land to be conveyed between adjoining lots.

(f)    The existing and proposed use of the property to be divided.

(g)    The existing and/or proposed water supply.

(h)    The existing and/or proposed method of sewage disposal.

(i)    A description of all the property involved in the lot line adjustment sufficient to identify it on the County Clerk/Recorder/Assessor’s Maps, including the section, township and range in which the property is located.

(j)    Such other information as the Planning and Development Director determines is necessary for him to properly consider the proposed lot line adjustment.

7-01-2535 INFORMATION TO ACCOMPANY MAP:

The lot line adjustment map shall be accompanied by the following information:

(a)    Legal descriptions of each adjusted parcel shown on the lot line adjustment map.

(b)    A certificate signed by the legal owner or owners or an authorized agent stating that a lot line adjustment is requested and certifying that the information shown on the map is true and correct. If the certificate is signed by an agent of the legal owner, such agent shall submit written authorization from the owner to file the map.

(c)    A current statement or preliminary title report describing all rights-of-way, easements, lienholders, and record title interests to which each parcel shown on the lot line adjustment map is subject.

(Amended by Ord. No. 3191, effective 11-27-97)

7-01-2540 DEDICATIONS AND IMPROVEMENTS:

(a)    In his review of lot line adjustment maps, the Planning and Development Director shall comply with the general principle that dedications and improvements required in this Chapter for subdivisions involving tentative and final maps or parcel maps are not applicable to lot line adjustments unless the proposed lot line adjustment will result in increased traffic, demands for additional water, sewage disposal or storm water drainage, or other impacts necessitating improvements and dedications for the protection of the public health, safety, convenience or general welfare.

(b)    Whenever the Planning and Development Director determines that dedications and/or improvements may be necessary in order to carry out the provisions of section 7-01-2545 of this Article, he shall immediately refer the lot line adjustment map to the Site Plan Review Committee. The Site Plan Review Committee shall review the map and determine what dedications and improvements, if any, should be made by the applicant. The Site Plan Review Committee shall not require any dedications or improvements beyond those required for parcel maps in Article 15 (commencing with section 7-01-2150) of this Chapter. The Site Plan Review Committee shall thereafter advise the Planning and Development Director what dedications and improvements are to be required. If the Site Plan Review Committee determines that improvements are required, the Committee shall determine at what time such improvements are to be constructed under the same provisions of this Chapter as apply to parcel maps. Agreements for constructing such improvements, security for such agreements and all other matters pertaining to such improvements shall also be governed by the same provisions of this Chapter as apply to parcel maps.

(c)    Regardless of the foregoing provisions, no dedication or improvement shall be required except to conform to the applicable zoning or building code regulations effective in the area, or to facilitate the relocation of existing utilities, infrastructure or easements.

7-01-2545 BASIS FOR APPROVAL:

The Planning and Development Director shall approve the proposed lot line adjustment whenever it can be shown that the lots which will result from the proposed lot line adjustment conform to all the applicable zoning and building code regulations in effect in the area.

7-01-2550 DISAPPROVAL:

In addition to any other basis for disapproval, the Planning and Development Director may disapprove a lot line adjustment if he or she determines that there is no real relationship between the existing parcels and the proposed new parcels and that the proposal is more adequately processed as a merger and resubdivision pursuant to section 66499.20-1/2 of the Government Code of the State of California.

7-01-2555 ACTION BY PLANNING AND DEVELOPMENT DIRECTOR:

(a)    The Planning and Development Director shall review the proposed lot line adjustment map and, within fifteen (15) days after the lot line adjustment map was filed, approve, conditionally approve, or disapprove the lot line adjustment map. However, if the lot line adjustment map is referred to the Site Plan Review Committee, pursuant to section 7-01-2540 of this Article, the Planning and Development Director shall have thirty (30) days after the map was filed to take such action. The date of filing a lot line adjustment map shall be determined in accordance with section 7-01-2525 of this Article. Said time limits may be extended by mutual consent of the Planning and Development Director and the applicant. The Planning and Development Director shall give written notice of his action to the applicant and to the affected County departments and to each public and private agency to which a copy of the lot line adjustment map was transmitted.

7-01-2560 RECORDING DECISION ON LOT LINE ADJUSTMENTS:

(a)    If the Planning and Development Director approves the lot line adjustment map, the written decision of the Planning and Development Director approving the adjustment shall be filed for recording with the County Clerk/Recorder/Assessor. Such decision shall contain a legal description of each parcel resulting from the lot line adjustment.

(b)    The lot line adjustment shall not be effective until the decision of the Planning and Development Director approving the map has been recorded as set forth in subsection (a) of this section. Said decision shall not be recorded until the appeal period specified in section 7-01-2565 of this Article has expired without an appeal having been filed or until the applicant waives his right to appeal, whichever occurs first. If an appeal is filed, said decision shall not be recorded until the termination of the appeal proceedings.

(c)    Whenever any part of the property included in a lot line adjustment map is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the Planning and Development Director’s decision identified in paragraph (a) above shall not be recorded until the owner or owners execute and file with the Clerk of the Board of Supervisors the same security for payment of said taxes and special assessments as is required for final maps and parcel maps pursuant to Section 66492 and 66493 of the Government Code of the State of California. Said security shall be held, applied and released in full compliance with the procedures applicable to maps under Section 66494 of the Government Code of the State of California. However, pursuant to Government Code section 66493(d), the Tax Collector may in his or her sole discretion waive this requirement if the amount of such taxes and special assessments on the affected parcel(s) totals less than $15,000 and the new owner or owners of such parcel(s) enter into a written security agreement with the Tax Collector, in a form approved by County Counsel, to pay the total of such taxes and special assessments when due and payable. This security agreement shall become a recorded lien on the whole of the augmented parcel at the time of the recording of the Planning and Development Director’s decision and said agreement accepted in lieu of the security otherwise required by this subsection. Upon full satisfaction of all taxes and special assessments secured by such security agreement, the Tax Collector shall record a release of lien. Any decision by the Tax Collector refusing to accept such alternative may be appealed to the Board of Supervisors pursuant to Section 165 of the Ordinance Code of Tulare County and the Board, in its sole discretion, may deny the appeal or uphold the appeal and enter into such a security agreement, thereby waiving any other security requirements under this subsection.

(d)    If dedications or improvements are require by the Site Plan Review Committee, the decision of the Planning and Development Director shall not be recorded until the required dedications have been made and, if required by the Site Plan Review Committee, an agreement with security is on file for construction such improvements.

(e)    In cases where the lot line adjustment includes lots which are: 1) owned by different individuals, or by the same individual(s) but in a different method or capacity; and/or 2) subject to deeds of trust or recorded agreements of sale for any length of time; and/or 3) subject to recorded leases for a term of 15 years or more (including original term, plus any renewal options), modified deeds, deeds of trust, agreements of sale or leases and/or other instruments as appropriate to make such recorded real property interests coincide with the newly approved parcel boundaries as described in the lot line adjustment decision shall be recorded simultaneously with the recording of the decision of the Planning and Development Director approving the lot line adjustment. In cases where one or more lots are being merged, beneficiary consent forms, modified deeds of trust, deeds of reconveyance and/or other instruments as appropriate shall be simultaneously recorded for all outstanding recorded deeds of trust to acknowledge of record by the trust deed beneficiaries that the lots have been merged and that they are aware of and consent to the merger.

(f)    The recording of the decision of the Planning and Development Director shall supersede all prior recorded parcel maps, subdivision maps or other documents which created the superseded parcels and the boundaries created by the decision of the Planning and Development Director shall prevail over the earlier recorded boundaries, and the recorded decision of the Planning and Development Director shall so state.

(Amended by Ord. No. 3364, effective 08-07-08; Amended by Ord. No. 3191, effective 11-27-97)

7-01-2565 APPEALS:

After the action by the Planning and Development Director on the lot line adjustment map, the applicant may appeal to the Board of Supervisors within the time limits and pursuant to all the same procedures and requirements which are set forth for tentative parcel maps in section 7-01-2350 of this Chapter. In the case of such an appeal, the Planning and Development Director shall perform all of the duties set forth for the Site Plan Review Committee under said section 7-01-2350.

7-01-2570 EXCEPTIONS:

The procedure set forth in Article 19 (commencing with section 7-01-2620) of this Chapter pertaining to exceptions shall apply to lot line adjustments. Insofar as possible, the procedure applicable to exceptions for parcel maps shall be applicable to lot line adjustments. However, the Planning and Development Director, rather than the Site Plan Review Committee, shall carry out the required duties in connection with such exceptions and public hearings shall not be held in connection with said exceptions.

ARTICLE 19. EXCEPTIONS

7-01-2620 EXCEPTIONS AUTHORIZED:

Exceptions and conditional exceptions to any of the requirements prescribed by this Chapter, including the improvement standards referred to in section 7-01-2025, may be granted pursuant to this Article.

7-01-2625 APPLICATION: FEES:

An application for an exception shall be filed with the Planning and Development Director by the subdivider or successor in interest. The Planning and Development Director shall prescribe the form of application for exceptions. The application shall state fully the grounds for the exception, the facts relied upon and any other data pertinent to the findings prerequisite to the granting of an exception as set forth in section 7-01-2645. The application shall be filed with the Planning and Development Director at the same time that the tentative subdivision map or the tentative parcel map is filed with him. At the time of filing the application, the applicant shall agree in writing to an extension of the time limit for action on the tentative subdivision map by the Planning Commission, at the option of the Commission, or by the Site Plan Review Committee in the case of a tentative parcel map. When the application for an exception is filed, the applicant shall pay the applicable filing fee set forth in Article 5 of this Chapter to the Planning and Development Director to defray the expenses of processing the application. No part of said fee shall be returned if the applicant subsequently withdraws his application, except in accordance with section 130 of this Ordinance Code. The fee prescribed above shall cover all of the exceptions requested for any one map, regardless of the number of exceptions requested.

7-01-2630 APPLICATION AFTER APPROVAL OF TENTATIVE OR FINAL MAP: ADDITIONAL FEES:

If the subdivider or his successor in interest does not become aware of the need for an exception until after the tentative subdivision map or tentative parcel map has been approved, until after the final subdivision or parcel map has been approved, or until after a final parcel map has been waived, he may apply for an exception at such time. Such application shall be processed in accordance with the provisions of this Article insofar as they are applicable. Except as provided in section 7-01-2635 of this Article, an application for an exception shall not be filed after any individual lot included in a final subdivision or parcel map has been sold or committed for sale. When the subdivider or his successor in interest applies for an exception after the final subdivision or parcel map has been approved, or after a final parcel map has been waived, the applicable filing fee set forth in Article 5 of this Chapter shall be paid to the Planning and Development Director.

7-01-2635 SAME: APPLICATION AFTER LOTS HAVE BEEN SOLD:

(a)    If a subdivider or his successor in interest wishes to apply for an exception after one or more lots included in the recorded subdivision map or parcel map have been sold, or a commitment has been made to sell one or more lots, he must first apply to the Board of Supervisors for permission to apply for an exception. The Board shall consider the request and determine whether to grant the request, with or without conditions, or deny the request. In deciding whether to grant such permission the Board shall, among other considerations, give consideration to whether it is advisable to grant such permission in view of the fact that the subdivider or lot owners may have acquired rights with regard to the subdivision or parcel map which could be affected by granting an exception. If the Board of Supervisors grants permission to apply for an exception, this shall in no way imply that the desired exception will eventually be granted.

(b)    If the Board grants permission to apply for an exception, the subdivider or his successor in interest shall thereafter file an application for an exception and pay the fees prescribed in section 7-01-2630 of this Article and the application shall be processed in accordance with the procedure specified in said section 7-01-2630. However, in addition to the published notice of hearing, said notice shall also be mailed to the subdivider and to each person who has purchased a lot or has a commitment to purchase a lot, if a hearing is required under said procedures.

7-01-2640 REFERRALS:

The Planning and Development Director shall transmit copies of the application for an exception to the Public Works Director and the County Health Department, and to each public and private agency to which the tentative subdivision map or tentative parcel map is, or was, referred and request recommendations on the proposed exception. Prior to the date set for consideration of the proposed exception the Public Works Director and County Health Department shall submit to the Planning and Development Director written reports of their recommendations regarding the proposed exception.

7-01-2645 REQUIREMENTS FOR GRANTING EXCEPTIONS:

The body, which takes final action on an application for an exception shall only grant an exception if it finds that all of the following circumstances exist:

(a)    That there are special circumstances or conditions affecting the property.

(b)    That the exception is appropriate for the proper design and/or function of the subdivision.

(c)    That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.

(d)    That the granting of the exception is in accordance with the purposes prescribed in Article 1 of this Chapter and the Subdivision Map Act.

(e)    That the granting of the exception is consistent with the General Plan.

Any exception may be granted subject to any reasonable conditions, which are deemed necessary to effectuate the purposes of this Chapter.

7-01-2650 TENTATIVE SUBDIVISION MAP: ACTION ON EXCEPTIONS:

(a)    In those cases in which the Planning Commission takes final action on the tentative subdivision map, pursuant to section 7-01-1745 of this Chapter, the Planning Commission shall approve, conditionally approve or disapprove the application for an exception. In those cases in which the Planning Commission only acts in an advisory capacity to the Board of Supervisors on the tentative subdivision map, the Planning Commission shall also act in an advisory capacity on the application for an exception and the Board of Supervisors shall approve, conditionally approve or disapprove the application for an exception.

(b)    If the application for an exception is filed prior to approval of the tentative subdivision map, the Planning Commission shall consider the exception during the public hearing at which it considers the tentative subdivision map.

(c)    If the tentative subdivision map has already been approved prior to action on the application for an exception, but the final subdivision map has not been recorded, and an application for a major revision is required, the application for an exception shall be processed, and a hearing held, in conjunction with an application for a major revision of the tentative map pursuant to Article 11 (commencing with section 7-01-1865) of this Chapter. If a major revision of the tentative subdivision map is not required, the application for exception shall be processed in accordance with the procedures set forth in subsection (d) of this section.

(d)    If the final subdivision map has been recorded, an application for an exception shall not be acted upon until a public hearing has been held by the Planning Commission on the application. At least ten (10) days prior to the hearing, the Planning and Development Director shall publish notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California. Said notice shall also generally describe the exception applied for. Regardless of the foregoing, the Planning and Development Director may waive the requirements for such a notice and public hearing if he determines that approval of the exception will not significantly or substantially affect the property rights of owners of property adjacent to the subdivision or of persons who have purchased individual lots within the subdivision or of persons who have made commitments to purchase lots within the subdivision.

7-01-2655 PARCEL MAP: ACTION ON EXCEPTIONS:

(a)    The Site Plan Review Committee shall approve, conditionally approve or disapprove the application for an exception pertaining to a parcel map.

(b)    If the application for an exception is filed prior to approval of the tentative parcel map, the Site Plan Review Committee shall consider the exception during the public hearing at which it considers the tentative parcel map.

(c)    If the tentative parcel map has already been approved prior to action on the application for an exception, but the final parcel map has not been recorded, and an application for a major revision is required, the application for an exception shall be processed, and a hearing held, in conjunction with an application for a major revision of the tentative parcel map pursuant to Article 11 (commencing with section 7-01-1865) of this Chapter. If a major revision of the tentative parcel map is not required, the application for exception shall be processed in accordance with the procedures set forth in subsection (d) of this section.

(d)    If the final parcel map has been recorded or waived, an application for an exception shall not be acted upon until a public hearing has been held by the Site Plan Review Committee on the application. At least ten (10) days prior to the hearing, the Planning and Development Director shall publish notice of such hearing in accordance with the provisions of section 66451.3 of the Government Code of the State of California. Said notice shall also generally describe the exception applied for. Regardless of the foregoing, the Planning and Development Director may waive the requirements for such a notice and public hearing if he determines that approval of the exception will not significantly or substantially affect the property rights of owners of property adjacent to the parcel map or of persons who have purchased individual lots shown on the parcel map or of persons who have made commitments to purchase lots shown on the parcel map.

7-01-2660 APPEALS:

(a)    When the Planning Commission has taken final action on the application for an exception, in accordance with the provisions of section 7-01-2650 of this Article, any interested person may appeal to the Board of Supervisors pursuant to the procedure and within the time limits set forth in section 7-01-1795 of this Chapter.

(b)    When the Site Plan Review Committee has acted on an application for an exception, in accordance with the provisions of section 7-01-2655 of this Article, any interested person may appeal to the Board of Supervisors pursuant to the procedures and within the time limits set forth in section 7-01-2350 of this Chapter.

ARTICLE 21. MERGER

7-01-2710 NO AUTOMATIC MERGER:

Except as otherwise provided in this Article, two or more contiguous parcels or units of land which have been subdivided under the provisions of the Subdivision Map Act or any prior law regulating the division of land or any ordinance enacted pursuant thereto shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceedings under the Subdivision Map Act or this Chapter shall be required for the purpose of sale, lease or financing of such contiguous parcels or units or any of them. Pursuant to the authority granted by section 66424.2 of the Government Code of the State of California, contiguous parcels or units that would otherwise merge under said section 66424.2 shall be exempt from merger unless proceedings are taken pursuant to this Article to merge such parcels or units.

7-01-2715 SAME: LOT SPLITS:

The provisions of section 7-01-2710 above which provide that there shall be no automatic merger of parcels or units of land shall also apply to parcels created under the former Ordinance Code procedure for creating lot splits if the owner of the property subject to the lot split conveyed such parcels within the time limits set forth in said ordinance for final completion of the lot split. Also, if subsequent to such a conveyance, one person acquired or hereafter acquires title to two or more contiguous parcels created by such a lot split, the provisions of section 7-01-2710, which prevent merger shall be applicable. However, the provisions of sections 7-01-2720 through 7-01-2735 of this Article, which provide for merger after notice and hearing shall be applicable to such lot splits.

7-01-2720 PROCEEDINGS FOR MERGER OF PARCELS OR UNITS OF LAND:

The Board of Supervisors, either on its own motion, or upon request by a landowner, may institute proceedings to merge parcels or units of land subject to merger under section 66424.2 of the Government Code of the State of California by giving at least thirty (30) days written notice to the owner of the parcels or units affected by the proposed merger of its intent to record a notice of merger and of the time, date and place of a hearing on the proposed merger. The owner and other interested parties may present evidence to the Board of Supervisors at the hearing why such notice should or should not be recorded.

7-01-2725 GROUNDS FOR MERGER: CONDITIONS IN LIEU OF MERGER:

If the Board of Supervisors, after a hearing, by a four fifths (4/5) vote determines that the parcels or units of land in question are subject to merger under section 66424.2 of the Government Code of the State of California, and that under the circumstances of the particular case, it would be contrary to the purposes for the regulation of the subdivision of land set forth in section 7-01-1000 of this Chapter if the parcels or units of land were not merged, it may order the parcels or units merged. In lieu of merger, the Board of Supervisors may impose such conditions as will insure that nonmerger will not be contrary to the purposes set forth in section 7-01-1000 of this Chapter. If such conditions are not met within the time provided, the Board shall cause a notice of merger to be recorded as set forth in section 7-01-2730 of this Article.

7-01-2730 MINISTERIAL MERGER PROCEEDINGS VOLUNTARILY INITIATED BY PROPERTY OWNERS:

Pursuant to the provisions of California Government Code section 66499.20 æ and upon application by the owners of record, a merger and the recording of a notice of merger of existing adjoining parcels of real property may be authorized by Resource Management Agency Director and filed for recording with the Tulare County Clerk-Recorder only where the Resource Management Agency Director makes all of the following findings:

(a)    The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments; and

(b)    The boundaries of the parcels to be merged are well-defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them; and

(c)    The merger will not alter the exterior boundary of the parcels to be merged; and

(d)    The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel; and

(e)    All parties having any record title interest in the real property affected have consented to, and waived any right to hearing on, the merger upon a form and in a manner approved by County Counsel, excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of final maps under the provisions of California Government Code Section 66436 and according to the terms, provisions, reservations and restrictions provided therein for such consent; and

(f)    All necessary fees and requirements, including a fee for recording the documents, have been provided; and

(g)    Where a record of survey is deemed to be necessary by the county surveyor or the applicant in order to monument and define the boundaries of the merged parcel, such record or survey, otherwise in compliance with all requirements, shall be filed at the same time as the notice of merger is filed for recording.

(Amended by Ord. No. 3316, effective 11-01-05)

7-01-2735 EFFECT OF MERGER:

If contiguous parcels or units of land held by the same owner are merged pursuant to the provisions of this Article and a notice of merger is recorded by the Tulare County Clerk-Recorder, such continguous parcels or units may not thereafter be sold, leased, or financed, except as a unit, without compliance with the provisions of this Chapter, the County Zoning Ordinance, and all other applicable County ordinances. The merger shall be effective from the time of the recording of the notice of merger.

(Amended by Ord. No. 3316, effective 11-01-05)

7-01-2740 FEES:

The Board of Supervisors shall establish from time to time by resolution such fees as may be required for the review and processing of a proposal for voluntary merger under Section 7-01-2730.

(Amended by Ord. No. 3316, effective 11-01-05)

ARTICLE 23. REVERSION TO ACREAGE

7-01-2785 PETITIONS FOR REVERSION TO ACREAGE:

Persons wishing to petition for a reversion of a subdivision to acreage shall file with the Clerk of the Board of Supervisors a petition in the form which has been approved by the Board of Supervisors, in accordance with section 66499.11 et seq. of the Government Code of the State of California.

7-01-2790 SAME: REQUIRED DEDICATIONS:

As a condition of reversion to acreage, the Board of Supervisors may require dedications or offers of dedication for all parcels of land, streets, alleys, pedestrian ways, drainage channels, flood control works, easements, and other rights of way which the Board finds necessary for public use after reversion to acreage.

7-01-2795 REVERSION TO ACREAGE: PARCEL MAP:

A parcel map may be filed, in accordance with section 64499.20-1/4 of the Government Code of the State of California, to revert to acreage land, which was previously subdivided. A tentative and final parcel map shall be processed in accordance with the requirements of Article 15 (commencing with section 7-01-2150) of this Chapter.

ARTICLE 25. PENALTIES AND ENFORCEMENT

7-01-2845 ENFORCEMENT:

It shall be the responsibility of the Planning and Development Director to notify the District Attorney of any violation of the Subdivision Map Act and this Chapter and to sign any necessary complaints.

7-01-2850 BUILDING PERMITS:

Compliance with the provisions of the Subdivision Map Act and this Chapter is a condition precedent to the issuance of a Building Permit and any Building Permit, which is issued before compliance with the provisions of the Subdivision Map Act and this Chapter shall be null and void.

7-01-2855 PENALTIES:

Penalties for violation of the requirements of this Chapter are set forth in sections 66499.30 and 66499.31 of the Government Code of the State of California.

 

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    Code reviser’s note: Ord. 3487 adds this section as 7-01-1470. It has been editorially renumbered to avoid duplication.