Subdivision Ordinance

TRINITY COUNTY SUBDIVISION ORDINANCE

TITLE 16

 

CONTENTS

Revised 8/25/95
Chapter  Page
16.04   GENERAL PROVISIONS  1
16.08   DEFINITIONS 4
16.09   ADVISORY AGENCY 11
16.10   SUBDIVISION REVIEW COMMITTEE 12
16.12   TENTATIVE MAP 13
16.16   PARCEL MAP 22
16.24   FINAL MAP 32
16.28  QUARTER-QUARTER DIVISION 42
16.29  RECORDING AND CORRECTIONS OF MAPS 44
16.32  LOT LINE ADJUSTMENTS AND MERGERS 47
16.36  DEDICATIONS 50
16.40  SECURITY 52
16.44  REVERSION TO ACREAGE 54
16.48  SUBDIVISION IMPROVEMENTS 56
16.49  SUBDIVISION DESIGN STANDARDS 88
16.50  SUBDIVISION MODIFICATIONS 96
16.52  APPEALS 99
16.56  ADMINISTRATION AND ENFORCEMENT 100

 

 


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Chapter 16.04
GENERAL PROVISONS

Section

16.04.10     Citation and Adoption
16.04.20     Designation as a Specific Plan
16.04.21     Intent and Purpose
16.04.30     Authority    
16.04.31     Conformance with other Ordinances Required


Sec. 16.04.010    Citation and Adoption

  1. This title may be referred to as the "Land Division Ordinance of the County of Trinity".
  2. The Board of Supervisors of the County, in conformance with the provision of the Subdivision Map Act, does hereby adopt the Ordinance codified in this title.
  3. The Subdivision Map Act, as amended, is adopted and becomes a part of this title.


Sec. 16.04.020    Designation as a Specific Plan

These regulations are hereby designated as a Specific Plan of the County to assist in the systematic implementation of the General Plan and to provide for the needs,convenience, and general welfare of County residents and property owners.


Sec. 16.04.021    Intent and Purpose

The purpose of these regulations, and the intent of the County in their adoption, is as follows:

  1. To provide policies, standards, requirements, and procedures to regulate the control, and control the design and improvement of all subdivisions within the County.
  2. To assist in implementing the objectives, policies, and programs of the General Plan by ensuring that all proposed subdivisions, together with the provisions for their design and improvement, are consistent with the General Plan and all applicable Specific Plans of the County.
  3. To preserve and protect, to the maximum extent possible, the unique and valuable natural resources and amenities of the County's environment, including, but not limited to, topographic and geologic features, open space lands, river-front recreational areas, fish and wildlife habitats, historical and cultural places, and scenic vistas and attractions; and, to maximize the public's access to an enjoyment of such resources and amenities through the dedication or continuance of applicable easements hereto.
  4. To relate land use intensity and population density to existing development, street capacity and traffic access, the slope of the natural terrain, and the availability of public facilities and utilities and open space.
  5. To provide lots of sufficient size and appropriate design for the purposes for which they are to be used.
  6. To provide streets of adequate capacity and design for the traffic that will utilize them and to ensure maximum safety for pedestrians and vehicles.
  7. To ensure adequate access to each building site.
  8. To provide pedestrianways, biking paths, and equestrian and hiking trails, where needed for the safety, convenience, and enjoyment of the residence of new developments.
  9. To provide adequate systems of water supply, sanitary sewage disposal, storm drainage, and other utilities needed for the public health, safety, and convenience.
  10. To provide adequate sites for public facilities needed to serve the residents of new developments.
  11. To ensure that the costs of providing land for streets, alleys, pedestrianways, easements, and other rights-of-way, and for the improvements therein needed to serve new developments, are the responsibility of the subdividers.
  12. To prevent division of land which is actually or potentially dangerous by reason of flood hazard, inundation, proximity to excessive noise, inadequate access, inadequate water supply or fire protection, insufficient sewerage facilities, hazardous geological conditions, unless such land is for open space purposes only.
  13. To prevent division of land which would actually or potentially be harmful to the critical habitat of fisheries or wildlife, especially endangered species.
  14. To ensure that, insofar as possible, land is subdivided in a manner that will promote the public health, safety, convenience, and general welfare in conformance with the General Plan.
  15. To encourage well-planned subdivision of land while preventing land division with high future costs to those who will occupy the land, their neighbors and the County as a whole.

 

Sec. 16.04.030   Authority

These regulations are adopted pursuant to the Subdivision Map Act (Title 7, Division2, Government Code) as a "local ordinance" as said term is used in said Act and are supplemental to the provisions thereof. All provisions of the Subdivision Map Act and future amendments thereto not incorporated in these regulations shall, nevertheless, apply to all subdivisions, subdivision maps and proceedings under these regulations.


Sec. 16.04.031   Conformance with other Ordinances Required

Neither the approval nor conditional approval of the subdivision map shall constitute or waive compliance with any other application provisions of the County Code or other applicable ordinances or regulations adopted by the County, nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable ordinances or regulations adopted by the County. Nothing in these regulations shall be construed to permit the premature or haphazard subdivision of lands in derogation of the Zoning Regulations and the General Plan as they relate to open space.


Chapter 16.08

DEFINITIONS


Section


16.08.010     Advisory Agency
16.08.020     Approved Access
16.08.030     Certificate of Compliance
16.08.040     Complete
16.08.050     Consistent with the General Plan and Specific Plans
16.08.060     Design
16.08.070     Improvements
16.08.080     Land Project
16.08.090     Latest Equalized Roll
16.08.100     Lot Line Adjustment
16.08.101     Lot Line Adjustment, Major
16.08.102     Lot Line Adjustment, Minor
16.08.110     Lot Line Merger
16.08.111     Preliminary Map
16.08.112     Tentative Subdivision Map
16.08.113     Final Map
16.08.114     Parcel Map
16.08.115     Reversion to Acreage Map
16.08.130     Public Waterway
16.08.140     Quarter-Quarter Division
16.08.150     Reasonable Public Access
16.08.155     Reasonable Public Access Easements
16.08.160     Subdivider
16.08.170     Subdivision
16.08.180     Subdivision Improvement Standards
16.08.190     Subdivision Map Act
16.08.200     Deleted per Ordinance No. 1094
16.08.210     Vesting Tentative Maps
16.08.220     Flag Lot

 

All terms used in this Ordinance which are defined in the Subdivision Map Act are usedin this title as so defined. For the purpose of these regulations, the following words and phrases shall be construed as defined in this Chapter.


Sec. 16.08.010     Advisory Agency

The Advisory Agency for the administration of this Ordinance shall be the Trinity County Planning Commission. The Advisory Agency shall have the power and authority to approve, conditionally approve, or disapprove Tentative Maps of four (4) or fewer parcels, Parcel Maps, Lot Line Adjustments, or Lot Line Mergers. The Advisory Agency shall regulate and control Subdivisions in a manner set forth in the Map Act and this Ordinance The Advisory Agency may delegate all or part of its functions to the Subdivision Review Committee.


Sec. 16.08.020     Approved Access

Approved access means an irrevocable easement of record or an irrevocable easement established by a court of competent jurisdiction, appurtenant to the land which is proposed to be divided, providing access between the proposed subdivision and a county road or state highway; provided that access without such easements across land owned by the state or federal government, or Santa Fe Pacific Land Company may be acceptable under conditions specified by the Subdivision Improvements Standards. In the event that access is proved by permit or similar instrument, the map of record shall clearly indicate this.

 

Sec. 16.08.030     Certificate of Compliance

Certificate of Compliance means a document describing certain real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and of County Ordinances enacted pursuant thereto. (Ord. 352, Sec. 3(A) (2), 1975).

 

Sec. 16.08.040     Complete

As it applies to determinations of the County Surveyor, Planning Director, Planning Commission, and Subdivision Review Committee relative to the adequacy of maps,"complete" means containing all information required by the Subdivision Improvement Standards, this title, and the Subdivision Map Act. (Ord. 352, Sec. 3(A) (3), 1975).

 

Sec. 16.08.050     Consistent with the General Plan and Specific Plans

Consistent with the General Plan and Specific Plans means compatible with the objectives, policies, general land uses, programs, and standards, specified in the General Plan and Specific Plan. (Ord. 352, Sec. 3(A) (3), 1975).

 

Sec. 16.08.060     Design

Design includes: (a) street alignments, grades, and widths; (b) drainage and sanitary facilities and utilities, including alignments and grades thereof; (c) location and size of all required easements and rights-of-way; (d) fire roads and firebreaks; (e) lot size and configuration; (f) traffic access; (g) grading; (h)land to be dedicated for park or recreational purposes; and (i) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the Trinity County General Plan or any adopted Specific Plan.(Ord. 352, Sec 3(A) (4), 1975).


Sec. 16.08.070     Improvements

Improvements refers to such street work and utilities to be installed, or agreed to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. Improvements also refers to such other improvements, the installation of which, whether by the subdivider, by public agencies, by public utilities, by any other entity approved by the responsible County agency or official, or combination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan or any adopted Specific Plan.(Ord. 352, Sec 3(A) (5), 1975).


Sec. 16.08.080     Land Project

Land Project means a subdivision for which all of the following conditions exist:

  1. The subdivision contains fifty (50) or more parcels, of which any fifty (50) are not improved with residential, commercial, industrial, or institutional buildings and are offered for sale, lease or financing for purposes other than industrial, commercial, institutional, or commercial agricultural purposes;
  2. Less than 1500 registered voters reside within the subdivision or within two miles of the boundaries of the subdivision;
  3. The subdivision is not a community apartment project, a subdivision consisting of condominiums, or a stock cooperative (each of which are defined by state law). Lands owned or controlled by substantially the same entities or interests shall be deemed to be part of the same subdivision for thepurposes of this definition.(Ord. 352, Sec. 3 (A) (6), 1975.

 

Sec. 16.08.090     Latest Equalized Roll

Latest equalized County Assessment Roll is the assessment roll in existence on the first Tuesday after the third Monday in August.(Ord. 352, Sec. 3(A) (7), 1975).

 

Sec. 16.08.100     Lot Line Adjustment

Lot Line Adjustment means the relocation, modification, or an elimination of a property line(s) between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided the lot line adjustment is approved by the County (Ord. 1195, Sec. 1, 1995).


Sec. 16.08.101     Lot Line Adjustment, Major

A Major Lot Line Adjustment means a lot line adjustment means a lot line adjustment which represents a substantial rearrangement of existing parcels, requires a certificate of compliance for one or more of the affected parcels, requires relocation of a utility or roadway, or which, in the judgment of the Planning Director, A Subdivision Review Committee Member, or Planning Commissioner, should be discussed in a public hearing.


Sec. 16.08.102     Lot Line Adjustment, Minor

A Minor Lot Line Adjustment means a lot line adjustment which readily conforms with the County Zoning Ordinance and Building Ordinance and which requires no discretionary review. Approval of a minor lot line adjustment is considered a ministerial act.

 

Sec. 16.08.110     Lot Line Merger

Lot Line Merger means the combining of two (2) or more parcels, where a greater number of parcels than originally existed is not thereby created.

 

Sec. 16.08.111     Preliminary Map

A Preliminary Map is less detailed than a Tentative Subdivision Map. It is used by some subdividers to obtain staff suggestions on design and improvements. A Preliminary Map need not be prepared by a Land Surveyor or Engineer.

 

Sec. 16.08.112     Tentative Subdivision Map

A Tentative Subdivision Map is a study plan of the layout and design of the subdivision, the improvements proposed by the subdivider, and the existing conditions in and around the subdivision. The Tentative Subdivision Map and the other information accompanying it are designed to provide information necessary to the persons who must review the map for compliance with this Ordinance and other laws.

 

Sec. 16.08.113     Final Map

A Final Map is a formal map which divides or redivides the land into the lots shown on the map. This map must meet exacting requirements before it is recorded with the Trinity County Recorder. A Final Map is required for all subdivisions creating five (5) or more lots unless exempted by Government Code Section 66426.

 

Sec. 16.08.114     Parcel Map

A Parcel Map is a formal map which divides or redivides the land into the lots shown on the map. This map must meet exacting requirements before it is recorded with the Trinity County Recorder. A Parcel Map is required for all subdivisions that do not require a Final Map, unless it is waived as provided in Section 16.16.16 of this Ordinance.

 

Sec. 16.08.115     Reversion to Acreage Map

A Reversion to Acreage Map is a formal map which, when recorded, eliminates all lot lines and easements shown on the map, except for those easements which are required to be retained.

 

Sec. 16.08.130     Public Waterway

Public Waterway Means any of the following watercourses:

  1. Trinity River below Lewiston Dam
  2. North Fork of the Trinity
  3. New River
  4. South Fork of the Trinity
  5. Main trunk of the Eel River
  6. North Fork of the Eel River up to Shannon Butte
  7. Middle Fork of the Eel River
  8. Mad River up to Ruth Reservoir
  9. Trinity Lake
  10. Lewiston Lake
  11. Ruth Reservoir
  12. Ewing Reservoir   

Sec 16.08.140     Quarter-Quarter Division

Quarter-quarter Division means a subdivision where every parcel created by the subdivision has a gross area of forty (40) or more acres or is a quarter-quarter section or larger. (Ord. 352, Sec. 3(A) (12), 1975).

 

Sec. 16.08.150     Reasonable Public Access

Reasonable Public Access means access by highway, foot trail, bike trail, horse trail, or other means to or along a river or stream or reservoir. In determining what is "reasonable" access, the Planning Commission and Board of Supervisors are required by the Subdivision Map Act to consider: (a) the size of the subdivision, (b) the type of riverbank and the various appropriate recreational, educational, and scientific uses possible there, (c) the likelihood of trespass on private property and reasonable means of avoiding such trespass, and (d) public safety and other such information as set forth in the State Map Act. (Ord. 352, Sec 3(A) (12), 1975).


Sec. 16.08.155     Reasonable Public Access Easements

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

 

Sec. 16.08.160     Subdivider

Subdivider means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or others, except that employees and consultants of such persons or entities acting in such capacity, are not "subdividers". (Ord. 352-2, Sec. 2, 1977; Ord. 352, Sec. 3(A) (14),1975).

 

Sec. 16.08.170     Subdivision

Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of way. "Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this Chapter, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

 

Sec. 16.08.190     Subdivision Map Act

Subdivision Map Act refers to Division 2, commencing with Section 66410, of Title 7 of the Government Code of the State, and all amendments thereto. (Ord. 352-5, Sec. 1,1979; Ord 352, Sec. 3(A) (17), 1975).

 

Sec. 16.08.200     Useable Area     Deleted per Ordinance No. 1094.



Sec. 16.08.210     Vesting Tentative Maps

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


Sec. 16.08.220     Flag Lot
A flag lot is an existing or proposed lot which is designed in such a way that a portion of the lot is 25% or less in width than the average side lot line extends to the nearest access point or water supply.  This definition is not intended to apply to large acreage lots (Quarter-Quarter size).


Chapter 16.09
ADVISORY AGENCY

Section


16.09     Designation of Advisory Agency
16.09.10     Powers and Duties of Advisory Agency


Sec. 16.09     Designation of Advisory Agency

The Planning Commission is designated as the Advisory Agency as said term is used in the Subdivision Map Act and defined in this Ordinance.


Sec. 16.09.010     Powers and Duties of Advisory Agency

  1. To make investigations and reports on the design and improvement of all proposed subdivisions of land.
  2. To approve, conditionally approve or deny the design of proposed subdivisions and the kind, nature and extent on on-site and off-site improvements required in connection therewith.
  3. To approve, conditionally approve, or deny modifications of the requirements of these regulations in accordance with the provisions of Chapter 16.50 (Subdivision Modifications).
  4. To approve, conditionally approve, conditionally approve, or deny tentative maps of all proposed subdivisions of land.
  5. To deny tentative maps for noncompliance with the requirements of these regulations, the Subdivision Map Act, or the standards, rules or regulations adopted by the Commission pursuant to these regulations.
  6. To review and make recommendations concerning proposed subdivisions in adjacent counties in accordance with Section 66453 of the Subdivision Map Act when it has elected to do so.
  7. To approve, conditionally approve, or deny Lot Line Adjustments or Lot Line Mergers.
  8. To delegate all or part of its functions to the Subdivision Review Committee.
  9. Such additional powers and duties as prescribed by law and by these regulations.

Chapter 16.10
SUBDIVISION REVIEW COMMITTEE


Section


16.10.010     Designation of Subdivision Review Committee
16.10.020     Duties of Subdivision Review Committee


Sec. 16.10.010     Designation of Subdivision Review Committee

There shall be a Subdivision Review Committee consisting of the following representatives of the specified agencies or their duly authorized assistants:

  1. The Planning Director;
  2. The Public Works Director;
  3. The County Health Officer;
  4. A representative from the Trinity County Fire Chiefs Association as appointed by the Board of Supervisors; and
  5. A Planning Commissioner as appointed by the Planning Commission.

The duly appointed Planning Commissioner shall serve as Chairman and the Planning Director as Secretary of the Committee.  The Planning Director shall also serve as Chairman in the absence of the duly appointed Planning Commissioner.

 

Sec. 16.10.020     Duties of Subdivision Committee

It shall be the duty of the Subdivision Review Committee to make recommendations upon all Tentative Maps, and such other matters as presented to it by the Commission and Board of Supervisors, and to take final action on all such requests as delegated to it by the Advisory Agency. The Subdivision Review Committee shall hold regular meetings for their purpose. All such meetings shall be open to the public.

 


Chapter 16.12
TENTATIVE MAP

Section
16.12.010      Applicable     
16.12.020      Application Requirements     
16.12.031      Acceptance of Applications
16.12.032      Requests for Additional Information - Withdrawal of Application
16.12.033      Decisions - Denial for Inadequate Information
16.12.034      Fees     
16.12.060      Distribution     
16.12.080      Subdivision Review Committee Meeting
16.12.090      Advisory Agency Action     
16.12.091      Board of Supervisors Action
16.12.110      Withdrawal of Tentative Map
16.12.120      Tentative Map Revision
16.12.140      Hearing Requirements     
16.12.150     Conditions of Approval
16.12.160     Special Conditions for Vesting Tentative Maps


Sec. 16.12.010     Applicability

For every division of property, except a quarter-quarter waiver, the subdivider shall file with the County Planning Department a tentative map prepared in accordance with the provisions of this Chapter. For divisions of a complex nature, it is especially recommended that a preliminary map be prepared by the subdivider and submitted to the County Planning Department for general distribution and comment prior to the filing of the tentative map.


Sec. 16.12.020     Application Requirements

The tentative map shall contain the following information in addition to such information as is required by the Subdivision Map Act.

  1. A location map at a minimum scale of one (1) inch equals one (1) mile.
  2. Names and addresses of owner, subdivider and person who prepared the map.
  3. Date map was prepared.
  4. North arrow and scale.
  5. Proposed layout, approximate dimensions, and approximate area of all parcels.  Sufficient data to define the Boundaries of the land to be subdivided.
  6. Adjoining properties with names and assessor parcel numbers.
  7. Approximate widths, locations and purposes of all existing and proposed easements.
  8. Approximate locations, widths, names and indications of public or private status of all existing or proposed roads lying within or adjacent to the land to be subdivided.
  9. Arrows or contours indicating direction of slope and percent of gradient.  (If less than 20%, or greater than 30%, gradient may be approximated.)
  10. Unless sewage systems already exist on all parcels, or unless both public water and public sewage systems are proposed to serve the parcels, the following features shall be shown to the extent necessary to determine the amount of "useable parcel area" (as defined in Section 16.48.122):

1.  Approximate boundaries of areas with slopes greater than thirty (30) percent.
2.  Approximate boundaries of areas subject to a 10-year flooding event, or landslide hazard.
3.  Approximate average yearly high water limits of lakes, ponds, reservoirs, rivers, streams, and swampy ground. Location of springs and wells.
4.  Approximate boundaries of gravel bars, dredge tailings, and rock outcrops.
5.  Indicate the amount of useable acreage under the acreage shown for each parcel.

  1. Locations of soil percolation test holes, soil profile pits, and test wells.  (Each shall be clearly marked on the site.)
  2. The location of existing buildings, fences, wells, sewage disposal systems, culverts, drains, underground structures, overhead structures, major excavations, and mine shafts.
  3. All proposed parcels numbered or lettered consecutively throughout the division.
  4. The boundaries of the property to be subdivided shall be indicated with distinctive lines on the map, and proposed parcels shall be readily identifiable on the ground.
  5. Existing use of the property.
  6. Proposed use of the property.
  7. Proposed source of domestic water for each parcel.
  8. Proposed method of sewage disposal for each parcel.
  9. Proposed means of access to each parcel and proof of access.
  10. The approximate boundaries of any areas within the proposed subdivision which are subject to overflow, inundation or flood hazard shall be shown.  A 100-year storm shall be used for determining such areas and must be designated by the land surveyor or the engineer who prepared the map.  A note shall be placed on the map which indicates how the boundaries were arrived at.
  11. Any other such information as determined by the Planning Commission as being necessary to process the tentative map.

 

Sec. 16.12.031     Acceptance of Applications

  1. An application shall be deemed to be accepted as complete when the Planning Director, or his designee, has determined that all required information has been provided and the application is certified as complete to initiate environmental review.
  2. Any application for any project for which the Planning Director has determined that there is a categorical exemption pursuant to the California Environmental Quality Act shall be deemed to be certified as complete if, within ten (10) days after the submittal of an application and payment of fees, the Planning Director has not determined that additional information is necessary and unless the Planning Director has provided, or has attempted to provide, written notice to the applicant of the requirements for such additional information.
  3. Within thirty (30) days after the submittal of an application and payment of initial filing fees, the Planning Director shall determine if additional information is necessary and shall provide, or attempt to provide, written notice to the applicant of the requirement for such additional information or shall inform the applicant that the application is complete.  Should the Planning Director not attempt to provide the applicant with notice of incompleteness or completeness of the application, then the application shall be deemed complete.
  4. An application shall not be certified as complete while an appeal of any decision by the Commission or Planning Director related to the project is pending. The time limits established pursuant to paragraphs (B) and (C) of this section shall be suspended from the date upon which such an appeal is filed to the date eleven (11) working days after a final decision is made on the appeal.

 

Sec. 16.12.032     Requests for Additional Information - Withdrawal of Application

  1. If the Planning Director determines that further information is required, he shall so inform the applicant specifying the information requested.
  2. An applicant shall provide requested information to the Planning Director within thirty (30) days after such information has been requested unless a different time period has been mutually agreed to between the applicant and the Planning Director.  After an application has been certified as complete, the Planning Director shall not extend the period beyond the thirty (30) day period unless the applicant agrees to waive or extend the one-year time limit provided by Government Code 65950 for the number of days that the information period is extended beyond thirty (30) days.
  3. Any application shall be deemed withdrawn and all filing fees forfeited if the information requested has not been provided within the time specified in subsection (B) above; provided, however, that within ten (10) days of such action the applicant may appeal to the Commission.
  4. The Commission may grant an extension of time if it determines there are unusual circumstances, beyond the control of the applicant, which have precluded timely compliance with the request.
  5. The commission may relieve an applicant from providing information requested by the Director if it determines that the information is not necessary or relevant to the decisions to be made and issues to be considered by the County with respect to the project.
  6. If an applicant has provided information responding to a request pursuant to this section and the Planning Director has not requested further information or determined the information to be unsatisfactory within twenty (20) days after receipt of the information, the application shall be deemed to be certified as complete.
  7. At any time after an application has been certified as complete, the Planning Director may request further informati on pursuant to this section based upon any change in the project, any change in the circumstances applicable to the project or if so directed by the Commission, Board of Supervisors, or any other governmental body having jurisdiction by law over the project. The foregoing application withdrawal provisions shall also apply to requests for information pursuant to this section.

 

Sec. 16.12.033     Decisions - Denial for Inadequate Information

  1. Notwithstanding any other provision of this Ordinance to the contrary, it shall be the responsibility of the applicant to insure that the decision-making authorities receive all information relevant to their decisions.  If a decision-making authority determines that it lacks sufficient information with respect to any aspect of a project over which it has jurisdiction, such project application shall be denied; provided, however that the action may be continued if the applicant agrees, in writing, to provide such information within the specified time and to waive any time limit within which the project application must be acted upon by the County, and to waive any limitations on the County's authority to require additional information.

 

Sec. 16.12.034     Fees

  1. Each applicant shall pay in advance an initial filing fee as established in the County Fee Resolution. The initial filing fee shall include a staff processing charge and, if applicable, hearing fees. In the event that the actual cost of processing an application exceeds the staff processing component of the initial filing fee, the applicant shall pay an additional fee equal to this excess cost after receipt of written notice from the Planning Director specifying the additional amount due.
  2. An applicant shall have no right to file an appeal with either the Planning Commission or the Board of Supervisors on the issue of the amount or propriety of any fee.
  3. An application shall be deemed withdrawn when an applicant has received written notice that an additional fee is due, and has not paid the full amount of such additional fee prior to noon on the first Subdivision Review Committee, Planning Commission, or Board of Supervisors hearing date scheduled for the application following the applicant's receipt of written notice that the additional fee is due.

 

Section 16.12.060     Distribution

The Planning Director shall transmit copies of the tentative map and, where applicable, copies of drawings, statements and other data required to accompany the tentative map or required subsequent to the filing of the tentative map, to members of the Subdivision Review Committee and to such other public or private agencies or departments as he determines may be affected by the proposed subdivision for report and recommendation to the Advisory Agency.  He transmittal shall include notification of the Subdivision Review Committee meeting date at which it will consider the proposed subdivision, together with a request for written reports and recommendations on the proposed subdivision from each Subdivision Review Committee member.

 

Sec. 16.12.080     Subdivision Review Committee Meeting

The Subdivision Review Committee shall advise the Advisory Agency on the conformance of the tentative map, together with the provisions of these regulations, to the standards, rules and regulations adopted by the Commission pursuant to these regulations, and to the requirements of all applicable Specific Plans and Ordinances of the County. The Committee shall also advise the Advisory Agency on the requirements, if any, of other County departments and the applicable requirements of the special districts, state and other public and private agencies affected by the proposed subdivision. At the time of submission of his report to the Advisory Agency, the Planning Director shall incorporate within his report the recommendations made by the Subdivision Review Committee.  A copy of this report shall be served on the subdivider by mail or personal delivery at least three (3) days prior to date set for consideration of the proposed map by the Advisory Agency.


Sec. 16.12.090     Advisory Agency Action

The Advisory Agency shall base its action on the conformity of the tentative map with all requirements an on the quality of the proposed subdivision. The Advisory Agency shall have the power and authority to approve, conditionally approve, or disapprove Tentative Maps of four (4) or fewer lots, Lot Line Adjustments, or Lot Line Adjustments, or Lot Line Mergers, and shall make recommendation for approval, with or without conditions, or denial to the Board of Supervisors on Tentative Maps consisting of five (5) or more lots and reversions to acreage.

 

Sec. 16.12.091     Board of Supervisors Action

The Board of Supervisors shall have the power and authority to approve, conditionally approve, or deny subdivision maps consisting of five (5) or more lots and reversions to acreages as well as appeals of the Advisory Agency's determinations.

 

Sec. 16.12.110     Withdrawal of Tentative Map

Requests for withdrawal of any tentative map shall be submitted to the Advisory Agency, in writing, unless made at the public hearing on the tentative map.  Upon receipt of such request, the Advisory Agency shall notify all concerned parties of the withdrawal. No refund of the filing fee shall be made for any such withdrawn map unless such withdrawal request is made prior to distribution to the Subdivision Review Committee.


Sec. 16.12.120     Tentative Map Revision

Any revised tentative map shall be deemed a new tentative map and shall be processed in conformance with the requirements of the regulations in effect at the time such revised map is filed, including any changes in improvement standards which have become effective since the original tentative map was filed. The approval or conditional approval of any revised tentative map shall void all prior approved tentative maps.


Sec. 16.12.140     Hearing Requirements

Prior to approving, conditionally approving, or disapproving the tentative map, the Advisory Agency or other duly authorized body, shall hold a public hearing.  Notice of the hearing shall be published in a newspaper of general circulation at least ten (10) days prior to the hearing.  In addition, all persons owning property within three hundred feet of the proposed subdivision shall be sent written notice of the hearing by mail or other means at least ten (10) days prior to the hearing.

 

Sec. 16.12.150     Conditions for Approval

The Advisory Agency or otherwise duly authorized hearing body may approve the tentative map if it finds that all the following conditions exist:

  1. The map is complete and complies with the Subdivision Improvement Standards;
  2. The proposed subdivision is consistent with the General Plan and applicable Specific Plans, and meets the requirements of the Subdivision Improvement Standards and relevant provisions of the County Zoning Ordinance, excepting subsection "L" of this Section;
  3. The site of the proposed subdivision is physically suitable for the type of development and density proposed;
  4. The design of the subdivision and proposed improvements are not likely to cause substantial environmental damage, substantially and avoidably injure fish or wildlife or their habitat, or cause public health problems;
  5. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision, or, if such conflict does exist, that alternate easements will be provided and that these will be substantially equivalent to ones previously acquired by the public.  ("Easements," as used in this subsection, shall refer only to easements of record or to easements established by judgment of a court of competent jurisdiction.)
  6. If the waste from the proposed subdivision is to be discharged into an existing community sewer system, such discharge will not result in violation of existing requirements of a Regional Water Quality Control Board;
  7. If the subdivision is a land project, there exists a Specific Plan for the land to be subdivided;
  8. If the preliminary soils report required by the Subdivision Improvement Standards indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the action recommended by the civil engineer preparing the soils report is likely to prevent structural damage to each structure to be constructed;
  9. If the subdivision fronts on a lake owned entirely or in part by a public agency, or on a public waterway, reasonable public access by fee or easement from a public highway to that portion of the bank of the river, stream, or lake bordering or lying within the proposed subdivision is available, either through or across the subdivision itself, or within a reasonable distance from the subdivision;
  10. If the subdivision fronts on a public waterway a public easement providing reasonable public access along a portion of the bank of the river or stream bordering or lying within the proposed subdivision has been or will be dedicated or a finding has been made that such access is not in the best interest of the general public and the landowner.
  11. If the subdivision is to be created by the conversion of residential real property into a condominium project or a community project or a community apartment project, the findings required by Section 66427.1 of the Government Code have been made.  If all the above conditions do not exist, then the Planning Commission may conditionally approve the map subject to satisfying the above conditions or may disapprove the map.  In addition, the Planning Commission may condition approval of the map on such measures as will promote and protect the public health, safety, comfort, convenience, and general welfare.  The Planning Director shall inform the subdivider of the Commission's decision.  (Ord. 352.-, Sec. 5, 1977; Ord. 652, Sec 5(K), 1975)
  12. Whenever a subdivider files a tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be noted on the map. The County may deny such a tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the Zoning Ordinance to eliminate the inconsistency. If, in the case of vesting tentative maps only the change in the Zoning Ordinance is obtained, the approved or conditionally approved tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the Zoning Ordinance and the map, as approved.

 

Sec. 16.12.160     Special Conditions for Vesting Tentative Maps

  1. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Sec. 66474.2 However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
  2. Notwithstanding Subsection A, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1.  A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
2.  The condition or denial is required in order to comply with state or federal law.

  1. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 16.16.04.  If the parcel or final map is approved, these rights shall last for the following periods of time.

1.  An initial time period of one (1) year;
2.  A subdivider may apply for a one year extension at any time before the initial time period expires;
3.  If the subdivider submits a complete application for a building permit
during the periods specified in subsection 1 and 2 the rights referred to
herein shall continue for an additional month.

 



Chapter 16.16
PARCEL MAP


Section


16.16.020     Tentative Map Required - Improvements
16.16.030     Timing     
16.16.040     Termination of Proceedings
16.16.050     Time Extension     
16.16.060     Preparation     
16.16.070     Form     
16.16.080     Data Required on the Map
16.16.090     Required Certificate
16.16.100     Additional Documents Required
16.16.110     Filing Fee     
16.16.120     Subdivision Improvement Plans - Submittal
16.16.130     Certification by Planning Director
16.16.140     Determination by County Surveyor
16.16.150     Offers of Dedication     
16.16.160     Parcel Map Waiver

 

Sec. 16.16.020     Tentative Map Required - Improvements

Before land may be divided by a parcel map a tentative map shall be submitted unless waived in accordance with Subsection 16.16.160 (Parcel Map Waiver).  Except as otherwise provided the tentative map shall be acted upon and processed in accordance with the provisions of Chapter 16.12 (Tentative Map) of these regulations. In the case of a division of land which is not a subdivision of five (5) or more lots, dedications and improvements required in connection with the approval of the tentative map shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created.  When the proposed lots are capable of further division as evidenced by the zoning on the subject property then the dedication and improvements shall relate to the future division as well.

 

Sec. 16.16.030     Timing

Within twenty-four (24) months of the date of approval or conditional approval of the tentative map, the subdivider may cause the proposed subdivision or authorized unit thereof to be surveyed and a parcel map to be prepared a recorded in accordance with the provisions of this Chapter and the Subdivision Map Act.

 

Sec. 16.16.040     Termination of Proceedings

Failure to record a parcel map within twenty-four (24) months of the date of approval or conditional approval of a tentative map shall terminate all proceedings.  Before a parcel map may thereafter be recorded, a new tentative map shall be filed in accordance with Chapter 16.12 (Tentative Map) of the Ordinance.

 

Sec. 16.16.050     Time Extension

The Advisory Agency or the Subdivision Review Committee, if authorized by the Advisory Agency, may grant one extension of time up to but not exceeding twelve (12) months beyond the twenty-four (24) months allowed for recording a parcel map. Requests for time extension shall be made, in
writing, to the Advisory Agency not less than thirty (30) days prior to the expiration of the twenty-four (24) months allowed. Time extension may be granted subject to the condition that the parcel map shall be prepared and improvements constructed and installed in compliance with requirements in effect at the time such extension is considered.  Requests for time extension shall be accompanied by a non-refundable processing fee as established in the County Fee Resolution for each tentative map.

 

Sec. 16.16.060      Preparation

  1. The parcel map shall be prepared by or under the direction of a registered civil engineer authorized to do land surveying work, or licensed land surveyor.
  2. Such a map shall be based upon a field survey made in conformity with the Land Surveyors Act, or when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the land to be divided and if he parcel has sufficient monuments for its acreage as noted in the following paragraphs 1 and 2 noted below, then such map may be compiled from recorded or filed data:
    1. All parcels being created of less than thirty-five (35) acres shall have all corners set or referenced by a witness corner unless two or more adjacent boundary lines are delineated by natural barriers such as waterways, gulches, draws, etc.; and where it is intended that these natural barrier boundary lines are to move along with the natural boundary movement then these boundary lines will be interpreted as fluctuating or floating lines and only require witness corners on the fixed boundary lines that intersect such fluctuating or floating boundary line.
    2. All parcels being created larger than thirty-five (35) acres shall have at least one boundary line of the parcel being created adequately monumented or referenced before the map is recorded.  The length of the monumented line or lines compared to the perimeter length of the parcel, shall not be less than a one to six (1:6) ratio.
  3. The following are acceptable bases of bearings:
    1. Recorded  maps; 
    2. Astronomical  observation; 
    3. California Coordinate System;
    4. Government Records, as accepted by the County Surveyor.
  4. All surveys shall have a minimum accuracy of 1:5000.
  5. Monuments: 
    1. All monuments shall be of a permanent type. The following are approved as permanent:
      1. Concrete monument with brass cap;
      2. 3/4" diameter or larger pipe with tag;
      3. Minimum of 1/2" diameter steel bar with metal or plastic cap;
      4. "T" bar with tag permanently attached.

 

Sec. 16.16.070     Form

  1. It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
  2. The size of each sheet shall be 18 X 26 inches.  A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin or one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of sheets and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
  3. Each parcel shall be numbered or otherwise designated.
  4. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.
  5. Minimum scale shall normally be one (1) inch equals 100 feet, unless a smaller scale is approved by the County Surveyor.

 

Sec. 16.16.080     Data Required on the Map

  1. A location map of a scale of one inch equals one mile, showing the subdivision in relation to major topographic and cultural features.
  2. Location of each parcel and its relation to surrounding surveys.
  3. Information necessary to establish all parcel boundaries and easement boundaries.  Dimensions of lots shall be shown in feet and hundredths of a foot.  Acreage of all lots shall be shown to the nearest hundredth.
  4. Scale and north arrow.
  5. When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.
  6. The approximate line of high water or ten-year flood shall be shown in any case where the subdivision is adjacent to a stream, channel or any body of water.  A 100-year storm shall be used for determining areas and must be designated on the map by a registered professional, licensed by the State of California and which license enables them to define said area.
  7. The boundaries of any areas within the proposed subdivision which are subject to overflow, inundation or flood hazard shall be shown.  A 100-year storm shall be used for determining areas and must be designated by a registered Land Surveyor or Civil Engineer whose license enables them to delineate or calculate these areas.
  8. The map shall show the side lines of all easements to which the lots are subject.  The easements must be clearly labeled by solid capital letters and identified; and if already of record, the record reference given.  Easements for storm drain, sewers, roads, and other purposes shall be denoted by fine dotted lines.  The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown.  If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.

 

Sec. 16.16.090     Required Certificates

  1. Engineer's  (Surveyor's) Certificate:

"This map was prepared by me or under my direction (and was compiled from recorded date) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local Ordinance at the request of (name of person authorizing map) on (date).  I hereby state that this parcel map substantially conforms to the approved tentative map, if
any.

(Signed)_______________________

R.C.E.   (or L.S.) No. ________________________"

Should read either "was compiled from record data" or "is based upon a field survey."

 

 

  1. Recorder's  Certificate: 

"Filed this _____ day of _____________, 20__, at __ m. in Book ____ of__________, at page _____, at the request of ___________________.

By  __________________________

County Recorder

Trinity County, California

By___________________________

Deputy"

 

 

  1. County Surveyor's Certificate:

"This map conforms with the requirements of the Subdivision Map Act and local Ordinances.


Dated: ____________________________

By________________________________

For County Surveyor,

R.C.E. or L.S. No_____________

Trinity County, California"

 

  1. Owner's  Certificate: 

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


                                                                             _________________________          
                                                                             _________________________ 

Signatures*

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

 

 

  1. Registered  Civil  Engineer's Certificate, if applicable:

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

_________________________

Registered Civil Engineer          
State of California          
R.C.E. No.________________"

 

 

  1.  Board of Supervisors' Certificate, if necessary:

"I hereby certify that all security required by the Trinity County Board of Supervisors for the subdivision shown on the accompanying map has been deposited, and that on the _____ day of ______, 20___ said Board did accept on behalf of the public
 ____________________________________________________________________________________________.

__________________________

Clerk of the Board of Supervisors          
County of Trinity, California"

 

 

  1. Acknowledgments: 

   "State of California)

) ss.

   County of Trinity    )

 

On this _____ day of ___________, 20__, before me, _______________, a Notary Public in and for said County of Trinity, State of California, duly commissioned and sworn, personally appeared ____________________ known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.

 

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

_______________________________
Notary Public in and for the County

(Seal)                                                         of Trinity, State of California"

 

 

  1. Tax Collector's Certificate:

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

_______________________________
Tax Collector
County of Trinity, California"

 

          
Sec. 16.16.100     Additional Documents Required

  1. Proof  that  all conditions, upon which the tentative map was approved, have been complied with.
  2. A traverse sheet or sheets, in a form approved by the County Surveyor and prepared by a registered civil engineer or licensed land surveyor, showing mathematical closure of the boundaries of the land to be divided, of each parcel created, and of the center lines of streets.

 

Sec. 16.16.110      Filing Fee

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

 

Sec. 16.16.120     Subdivision Improvement Plans - Submittal

After approval or conditional approval of the tentative map, the subdivider shall submit subdivision improvement plans to the appropriate county and state officers designated in the subdivision improvement standards.  The officers shall require resubmission of the plans if they are found inadequate or if the design of improvements do not conform to subdivision improvement standards.  The officers shall require resubmission of the plans if they are found inadequate or if the design of improvements do not conform to subdivision improvement standards.  Environmental impact review pursuant to Ordinance 348, as amended, may also be necessary.  (Ord. 352, Sec 6 (A), 1975)

 

Sec. 16.16.130     Certification by Planning Director

After approval or conditional approval of a tentative map, the subdivider shall submit a parcel map to the planning director.  The Planning Director shall examine the parcel map, and if he finds that it substantially conforms to the tentative map as represented to, approved, and conditioned by the Advisory Agency or other duly authorized hearing body, then he shall certify the parcel map and transmit it to the County Surveyor.  If he does not find it in substantial conformance, then he shall require resubmission of the map.

 

Sec. 16.16.140     Determination by County Surveyor

  1. After certification by the Planning Director the subdivider shall submit the parcel map to the County Surveyor, who shall determine within twenty (20) days if the map complies with all provisions of this title and applicable state law in effect at the time of the approval of the tentative parcel map and if the map is technically correct.  If the County Surveyor's determinations are affirmative, then he shall execute the County Surveyor's Certificate on the map, provided that if any improvements required by the subdivision improvement standards or other applicable laws have not been completed and approved, then the Public Works Director shall not approve the map until the Board of Supervisors has entered into an agreement with the subdivider to either (a) complete the required improvements at the subdivider's expense, or (b) initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements, or if not completed under such special assessment act, to complete such improvements, or if not completed under such special assessment act, to complete such improvements at the subdivider's expense.  Upon entering into such an agreement, the Board of Supervisors shall require that the performance of such agreement be guaranteed by the security specified in Chapter 16.40.
  2. If any of his determinations are negative, he shall require that the subdivider make changes as necessary and resubmit the map.  (Ord. 352-2, Sec. 8, 1977; Ord. 352, Sec. 6(L), 1975).

 

Sec. 16.16.150     Offers of Dedication

If offers of dedication are made on the map and the County and/or the subdivider wants said dedication to be accepted, the County Surveyor shall submit the map to the Board of Supervisors.  If no offers of dedication are made, the County Surveyor shall transmit the map to the County Recorder for filing.


Sec. 16.16.160     Parcel Map Waiver

  1. The requirement that a parcel map be prepared and recorded may be waived in accordance with the procedures set forth in this section if the preparation and recordation of a parcel map will create an undue hardship and the absence of survey data will not be detrimental to future owners of the lots created, or an abundance of survey data exists of record such that the survey and preparation of the parcel map is unnecessary and the parcels can be conveyed by easily described aliquot parts or by metes and bounds descriptions, or in the case of a division of property resulting from the conveyance of land or interest to or from the County, public entity, or public utility for a public purpose, such as, open space, school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.  A tentative map approved by the Advisory Agency shall be required in cases where a parcel map is waived.
  2. An application for waiver of the requirement of a parcel map shall be filed with the County Surveyor upon such forms as prescribed by the County Surveyor, The filing of such application shall be accompanied with payment of a filing fee as established by resolution of the Board of Supervisors.
  3. An application for waiver of the requirement of a parcel map shall be acted upon by the County Surveyor within twenty (20) days after its filing, unless such time is extended by agreement with the applicant.  The County Surveyor, or the Subdivision Review Committee, on appeal, shall by written instrument approve or conditionally approve the application for waiver if it is determined that:
    1. The requirement of a parcel map is unnecessary and the absence of survey data will not be detrimental to future owners of the lots created, or an abundance of survey data exists of record such that the survey and preparation of the parcel map is unnecessary and the parcels can be conveyed by easily described aliquot parts or metes and bounds descriptions; and
    2. The Advisory Agency or other duly authorized hearing body has made a finding that the proposed subdivision complies with the requirements of the Subdivision Map Act and this division as to area, improvement and design, flood water drainage control, appropriate improved private and/or public roads, sanitary disposal facilities, water supply availability, environmental protection survey data, and other requirements of the Subdivision Map Act and this division. Any requirements for the construction of reasonable off-site improvements, and payment of other fees for improvements, for a lot being created by the proposed division of land shall be set forth in the instrument approving the application of waiver.
  4. The instrument of Waiver shall be duly acknowledged.  The County Surveyor shall arrange for recordation of the instrument of Waiver pursuant to Government Code Section 66411.1.
  5. Within ten (10) days after denial of any application for waiver by the County Surveyor, a subdivider may appeal to the Subdivision Review Committee.

 


 

Chapter 16.24
FINAL MAP


Section


16.24.010     Timing     
16.24.020     Final Map Not Required
16.24.030     Termination of Proceedings
16.24.040     Time Extension     
16.24.050     Preparation     
16.24.060     Form     
16.24.070     Required Certificates
16.24.080     Filing Fee  
16.24.090     Subdivision Improvement Plans - Submittal
16.24.100     Certification by Planning Director
16.24.110     Determination by County Surveyor
16.24.120     Action by Board of Supervisors

 

Sec. 16.24.010    Timing

Within twenty-four (24) months of the date of approval or conditional approval of the tentative map, the subdivider shall cause the proposed subdivision or authorized unit or phase thereof, to be surveyed and a final map to be prepared and recorded in accordance with the provisions of this Chapter and the Subdivision Map Act.

 

Sec. 16.24.020    Final Map Not Required

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

 

Sec. 16.24.030    Termination of Proceedings

Failure to record a final map within twenty-four (24) months of the date of approval or conditional approval of a tentative map shall terminate all proceedings.  Before a final map may thereafter be recorded, a new tentative map shall be filed in accordance with Chapter 16.12 (Tentative Map) of this Ordinance.

 

Sec. 16.24.040    Time Extension

The Board of Supervisors may grant on extension of time up to but not exceeding twelve (12) months beyond the twenty-four (24) months allowed for recording a final map. Requests for time extensions shall be made in writing to the Board not less than thirty (30) days prior to the expiration of the twenty-Four (24) months allowed. Time extensions may be granted subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with requirements in
effect at the time such extension is considered by the Board.  Requests for time extensions shall be accompanied by a non-refundable processing fee, as established in the County Fee Resolution, for each tentative map.

 

Sec. 16.24.050    Preparation

  1. The final map shall be prepared by or under the direction of a registered civil engineer authorized to perform surveying, or licensed land surveyor, and shall be based upon filed survey.
  2. Whenever California Coordinate System is established within one mile of the proposed subdivision, then the County Surveyor may require the survey to be tied into that system.
  3. The following are acceptable bases of bearings:
    1. Recorded  maps. 
    2. Astronomical  observation.
    3. California Coordinate System.
    4. Government Records - approved by the County Surveyor.
  4. All surveys shall have a minimum accuracy of 1:5000.
  5. Monuments: 
    1. All monuments shall be of a permanent type. The following are approved as permanent:
      1. Concrete monument with brass cap;
      2. 3/4" diameter or larger pipe with tag;
      3. Minimum of 1/2" diameter steel bar with metal or plastic cap;
      4. "T" bar with tag permanently attached.
    2. Sufficient durable monuments shall be set to conform with Section 8771 of the Business and Professions Code.  Monuments shall be set at angle and curve points on the exterior boundaries of the subdivision. Monuments shall be set at the beginning and end of curve on right-of-way lines.  All lot corners shall be monumented.
    3. Permanent elevation bench marks referring to an U.S.G.S. datum may be required to be set at each street intersection in the curb return or other location approved by the County surveyor, said bench marks to be noted on the final map.
    4. Any monument or benchmark, as required by these specifications, that is disturbed or destroyed before acceptance of all improvements, shall be replaced by the subdivider.
    5. The exterior boundary of the land being subdivided shall be monumented prior to recording of the final map. Interior monuments need not be set before recording of the map if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes the County a bond guaranteeing the payment of the costs of setting such monuments.
    6. Within five days after final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider and to the County Surveyor.

 

Sec. 16.24.060 Form

  1. The map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. 
  2. The size of each sheet shall be 18 X 26  inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. Minimum scale shall be one (1) inch equals 100 feet, unless a smaller scale is approved by the County Surveyor.  The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and an index map showing the relation of each sheet shall be included.
  3. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. Dimensions of lots shall be given as total dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. No ditto marks shall be used.  Acreage of all lots shall be shown to the nearest hundredth.
  4. The map shall show clearly what stakes, monuments or other evidence were found on the ground to determine the boundaries of the subdivision. The adjacent corners of all adjoining subdivisions shall be identified by lot and block numbers, subdivision name and place of record, or other proper designation.
  5. The map shall contain a title consisting of the commercial name, if any, and a subtitle or general description of all the property being subdivided with reference to maps which have been previously recorded or by reference to the plat of a United States Survey.  In no case shall the title be the same (or so nearly the same as to cause confusion) as a name of any existing city, town tract or subdivision of land of which a map has been previously recorded.
  6. Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named.
  7. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.
  8. When a soils report has been prepared, th is fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.
  9. The line of high water shall be shown in any case when the subdivision is adjacent to a stream. Channel, or any body of water. This line can also be the sanitary setback line.
  10. The boundaries of any areas within the proposed subdivision which are subject to overflow, inundation or flood hazard shall be shown. A 100-year storm shall be used for determining areas.
  11. The map shall show the side lines of all easements to which the lots are subject.  The easements must be clearly labeled by solid capital letters and identified; and if already of record, the record reference given. Easements for storm drain, sewers, and other purposes shall be denoted by fine dotted lines. The width of the easement and the lengths and bearings of the lines thereof, and sufficient ties thereto, to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.
  12. Boundary lines of all political subdivisions crossing or bounding the subdivision shall be clearly designated and referenced.

 

Sec. 16.24.070    Required Certificates

  1. Owner's Certificate:  

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

____________________ 

____________________          
         Signatures"

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

 

 

  1. Acknowledgements:  

   "State of California)

) ss.

   County of Trinity    )


On this _____ day of ___________, 20__, before me, _______________, a Notary Public in and for said County of Trinity, State of California, duly commissioned and sworn, personally appeared ____________________ known to me (or proved on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.

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

_______________________________

Notary Public in and for the County

(Seal)                                                                               of Trinity, State of California"

 

 

  1. Road Commissioner's Certificate: 

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

_________________________          
County Road Commissioner

County of Trinity, California"

 

 

  1. Tax Collector's Certificate:

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

_______________________________
 Tax Collector
 County of Trinity,  California"

 

 

  1. Surveyor's Certificate:

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

______________________________

Licensed Land Surveyor or

Registered Civil Engineer

State of California

L.S. or R.C.E. No. _______________"

 

 

  1. County Surveyor's Certificate:

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

_______________________________
County Surveyor          
County of Trinity, California"

 

 

  1. Registered  Civil  Engineer's Certificate:

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

______________________________

Registered Civil Engineer

State of California          
R.C.E. No. ____________________"

 

 

  1. Recorder's  Certificate: 

"Filed for record at the request of ________________this ____ day of _____________________, at _______m. in Book _____ of Maps and Surveys at page _____, Records of Trinity County California.

Fee: ________
#___________

 _____________________________
 County Recorder          
 County of Trinity, California

By___________________________


                        Deputy"

 

  1. Board of Supervisors' Certificate:

"I hereby certify that all security required by the Board of Supervisors of the County of Trinity for the subdivision shown on the accompanying map has been deposited, and that said Board approved said map on the ____ day of _________________, 20__, and accepted on behalf of the public _____________________________________________.

________________________________

Clerk of the Board of Supervisors

County of Trinity, California"

 

 

  1. Planning Director's Certificate:

"I hereby certify that I have examined this map, that the subdivision as shown on the map is substantially the same as it appeared on the tentative map as approved and conditioned by the Board of Supervisors on the ____ day of __________________, 20__, and that all provisions of the Trinity County Zoning Ordinance, as amended, applicable at the time of the approval of said tentative map have been complied with.*

__________________________          
Planning Director          
County of Trinity, California"

 

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

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

 

 

  1. Health Officer's Certificate:

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

_________________________          
Health Department
County of Trinity, California"

 

 

Sec. 16.24.080    Filing Fee

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

Sec. 16.24.090    Subdivision Improvement Plans - Submittal

After approval or conditional approval of the tentative map, the subdivider shall submit subdivision improvement plans to the County and State officers designated in the Subdivision Improvement Standards.  The officers shall require resubmission of the plans if they are inadequate or if the design of improvements do not conform to requirements of the Subdivision Improvement Standards.  Upon approval of the plans, each official shall transmit the plans and notice of his approval to the Board of Supervisors and shall sign the appropriate certificate on the final map. (Ord. 352, Sec. 5(L), 1975)

Sec. 16.24.100   Certification by Planning Director

After approval or conditional approval of the tentative map, the subdivider shall submit subdivision improvement plans to the County and State officers designated in the Subdivision Improvement Standards. The officers shall require resubmission of the plans if they are inadequate or if the design of improvements do not conform to requirements of the Subdivision Improvement Standards. Upon approval of the plans, each official shall transmit the plans and notice of his approval to the Board of Supervisors and shall sign the appropriate certificate on the final map. (Ord. 652, Sec. 5(L), 1975)

Sec. 16.24.110    Determination by County Surveyor

After certification by the Planning Director, the subdivider shall submit copies of a final map and checking fee to the County Surveyor. The number of copies and the amount of fees are specified by the County Fee Resolution. If the County Surveyor determines that the final map complies with all provisions of this title and applicable State law in effect is technically correct, then he shall certify the map and transmit it to the Clerk of the Board of Supervisors.  If he finds that it does not conform to these requirements, he shall require that the map be corrected and resubmitted. The County Surveyor shall
make his determinations and shall advise the subdivider of his determination within twenty (20) days of the map's submission date. (Ord. 352-2, Section 6, 1977; Ord. 352, Sec. 5(N), 1975)

Sec. 16.24.120    Actions by Board of Supervisors

  1. The Board of Supervisors shall, within a period of ten (10) days after the submission of the final map to the Clerk of the Board of Supervisors, or at its next regular meeting after the meeting at which it receives the map (whichever is later), approve the map if it conforms to all the requirements of this chapter and other applicable laws in effect at the time of approval or conditional approval of the tentative map, provided that if any improvements required pursuant to the Subdivision Improvement Standards or other applicable laws have not been completed and approved, the Board shall specify one of the following agreements and require the subdivider to enter into the agreement as a condition of approval of the map:
    1. An agreement with the Board of Supervisors upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense; or
    2. An agreement with the Board of Supervisors to initiate and consummate proceeding under an appropriate special assessment act for the financing and completion of all such improvements, or, if not completed under such special assessment act, to complete such improvements at the subdivider's expense; and, in addition, if it enters into any such agreement, the Board shall require that performance of such agreement be guaranteed by the security specified in Chapter 16.40.
  2. If the final map does not conform to the Subdivision Map Act or to any requirement or condition applicable at the time of approval or conditional approval of the tentative map, the Board of Supervisors shall disapprove the final map. Such disapproval shall be accompanied by finding identifying the requirements or conditions which have not been met or performed.  After such disapproval, the subdivider may submit a modified final map to the Planning Director pursuant to Section 16.12.131.
  3. The Board of Supervisors may approve the map when the only failure of the map is the result of a technical or inadvertent error which it determines does not materially affect the validity of the map.  (Ord.352-2, Sec. 7, 1977; Ord.352, Section 5(O), 1975)

 


 

Chapter 16.28
QUARTER - QUARTER DIVISION

 

Section


16.28.010    Map Required     
16.28.020    Parcel Map - Submittal - Determination by County Surveyor
16.28.030    Offers of Dedication     
16.28.040    When Parcel Map may be Waived

 

Sec. 16.28.010    Map Required

For any quarter-quarter division, a parcel map conforming to the Subdivision Improvement Standards shall be required unless waived by the County Surveyor. Environmental review pursuant to Ordinance 348, as amended, will be necessary.

Sec. 16.28.020    Parcel Map - Submittal - Determinations by County Surveyor

  1. The parcel map shall be submitted to the County Surveyor, who shall determine within twenty (20) days if:
    1. The subdivision is consistent with the General Plan and any applicable specific plans;
    2. The map is technically correct;
    3. The map conforms to applicable provisions of the Subdivision Map Act, this title, and the Subdivision Improvement Standards, and
    4. If the subdivision fronts on a public waterway or on lake or reservoir owned entirely or in part by a public agency, reasonable public access by fee or easement from a public highway to that portion of the bank or the river, stream or lake bordering or lying within the proposed subdivision is available, either through or across the subdivision or within a reasonable distance of the subdivision. If the County Surveyor's determinations are affirmative, then he shall execute the County Surveyor's Certificate on the map and shall approve the map for filing with the County Reorder.
  2. If any of his determinations are negative, he shall require that the subdivider make necessary and resubmit the map. (Ord. 352-2, Sec.12, 1977; Ord. 352, Sec. 8(B), 1975).

Sec. 16.28.030    Offers of Dedication

If any offers of dedication are made on the parcel map, and the County and/or the subdivider wants said dedication to be considered for acceptance, then the County Surveyor shall submit the map to the Board of Supervisors. If no offers of dedication are made, the County Surveyor shall transmit
the map to the County Recorder for filing.

Sec. 16.28.040    When Parcel Map may be Waived

The County Surveyor may waive the requirement of a parcel map for any quarter- quarter division creating two, three, or four parcels, if after consultation with the County Planning Director, he finds that the subdivision complies with applicable requirements such as area improvement and design, floodwater drainage control, public roads, sanitary disposal facilities, water supply and availability, environmental protection, survey data and other requirements.

 


 

Chapter 16.29
RECORDING AND CORRECTIONS OF MAPS

 

Section


16.29.010    Substantial Compliance Required
16.29.020    Recording     
16.29.030    Correction and Amendments
16.29.040    Fees

 

Sec. 16.29.010    Substantial Compliance Required

Tentative maps and conditions of approval placed on them by the Subdivision Review Committee or Planning Commission assume that the tentative map accurately and correctly represents all pertinent information on boundary lines, easements of record, road locations, drainage, useable area, etc. Should new information be discovered that alters any of the representation of the tentative map or applicable conditions of approval, the County Surveyor shall consult with the County Planning Director.  If both the County Surveyor and Planning Director concur that the parcel map substantially complies with the tentative map and conditions of approval, the map can be recorded provided that all other provisions of this Ordinance are complied with. Should both the County Surveyor and Planning Director determine that the changes do materially affect the map then the subdivider shall be required to file a new tentative map or request a post subdivision modification.

Sec. 16.29.020    Recording

  1. Of the maps required by this title, only final and parcel maps may be filed for record with the County Recorder.
  2. No final or parcel map may be filed with the County Recorder without the written consent of all parties having any record title interest in the real property proposed to be subdivided. The subdivider shall present a title report or letter from a competent title company, complete up to the instant of recording, as evidence that the parties consenting to such filing are all the parties having a record title interest in the real property to be subdivided, provided that:
    1. Liens for State, County or local taxes or special assessments, trust interests under bond indentures, and mechanics' liens do not constitute "record title interest" for the purpose of this section.
    2. The signature of either the holder or beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted.
    3. Signatures of parties owning the following types of interests may be omitted from the owner's certificate if their names and the nature of their respective interests are stated on the final or parcel map:
      1. Rights-of-way, easements, and other interests which cannot ripen into a fee, except those owned by a public entity or utility.
      2. Rights-of-way, easements, or reversions which, by reason of changed conditions, long disuse, or leaches, appear to be no longer of practical use or value and signatures are impossible or impractical to obtain.  A statement of the circumstances preventing the procurement of the signatures shall appear on the map;
      3. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.
  3. No final or parcel map shall be filed with the County Recorder until all certificates required by the Subdivision Improvement Standards have been executed by the appropriate person.
  4. The County Recorder shall accept or reject a map submitted for filing within ten (10) days of its submission date. Upon acceptance of a map for filing, the Recorder shall certify such acceptance on the map.
  5. The filing for record of a final or parcel map by the County Recorder shall automatically and finally determine the validity of such map, and when recorded shall impart constructive notice thereof.  (Ord. 352-3, Sec. 4 (part), 1979; Ord. 352-2, Sec. 13 and 14, 1977; Ord. 352, Sec. 13, 1975)

Sec. 16.29.030    Corrections and Amendments

  1. After a final map or parcel map is filed with the County Recorder, it may be amended by a certificate or correction or an amending map to:
    1. Correct an error in any course or distance shown thereon;
    2. Show any course or distance that was omitted therefrom;
    3. Correct an error in the description of the real property shown on the map;
    4. Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities forsetting monuments; and/or
    5. Show the proper location or character of any monument which has been changed in location or character originally shown at the wrong location, or incorrectly as to its character.
  2. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. If the amending map amends a final map, it shall conform to the requirements of the Subdivision Improvement Standards relating to the form and content of final maps. If the map amends a parcel map, it shall conform to the requirements of the Subdivision Improvement Standards relating to parcel maps. The certificate of correction shall set forth in detail the corrections made and show the names of the present owners of the property affected by the correction.
  3. The amending map or certificate of correction shall be submitted to the County Surveyor, who shall examine the amending map or certificate of correction for conformance with the requirements of this title. If it conforms, he shall certify to that fact on the amending map or certificate of correction.
  4. After certification by the County Surveyor, the amending map or certificate of correction shall be filed in the office of the County Recorder. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively.  Thereupon, the original map shall be deemed to have been conclusively corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. (Ord. 352-3, Sec 4 (part), 1979; Ord. 352-2, Sec. 15, 1977; Ord. 352., Sec. 16, 1975)

Section 16.29.040  Fees

The submittal of an amending map or certificate of correction shall be accompanied by a checking fee as established in the County Fee Resolution.

 


 

Chapter 16.32
LOT LINE ADJUSTMENTS AND MERGERS

(Ord. 1162, 1995)


Section


16.32.010    Purpose     
16.32.020    Application Requirements     
16.32.030    Fees     
16.32.040    Authority to Approve
16.32.050    Hearing Requirements     
16.32.060    Conditions of Approval
16.32.061    Notice of Approval     
16.32.062    Termination of Proceedings
16.32.063    Time Extension

     
Sec. 16.32.010    Purpose

The purpose of this chapter is to establish procedures for approval of lot line adjustments, including mergers by lot line adjustment. Nothing stated herein shall be construed to prevent the filing of a tentative map, a final map, parcel map or record of survey for any lot line adjustment or merger. A Lot Line Adjustment is to be used to make adjustments in a lot line between adjacent parcels having a common boundary line, to create more logical boundaries, or to resolve existing ownership conflicts.  All lot line adjustments must also be consistent with the provisions of Section 66412(d) of the California Government Code (State Subdivision Map Act).

Sec. 16.32.020    Application Requirements

An application for a minor or major lot line adjustment, including a merger, shall be in writing and shall be filed in the Planning Department office upon forms provided by the Planning Director. Each application shall include a preliminary title report, agent's
authorization (if applicable); a map drawn to scale of 1" = 100', unless a different size is approved by the County Surveyor, (number of copies to be determined by Planning Director), names and addresses of the affected owners, north arrow and scale, location and boundaries of the existing lots, the boundaries and dimensions of the proposed new lot configurations, and a legal description of the redesigned lots, which shall be prepared by a licensed land surveyor.  The application shall also include sufficient information to adequately describe the property and improvements thereon including: existing buildings, structures, sewage disposal systems, utilities and roads; the present use and zoning of the property; location and extent of public improvements; and such additional information necessary to describe and evaluate the proposal.

Sec. 16.32.030    Fees

The application for a lot line adjustment shall be accompanied by a filing fee as established in the County Fee Resolution.

Sec. 16.32.040    Authority to Approve

The Planning Director shall have the authority to approve mergers and minor lot line adjustments, and the Advisory Agency shall have the authority to approve major lot line adjustments, each following review and comment by the Health Department, County Surveyor, Department of Transportation, Fire Chief's representative, Planning Commissioner representing the area affected by the lot line adjustment, and other agencies which the Planning Director determines may be affected by the action.  After the application is deemed complete, each agency shall have a maximum of fifteen (15) days to submit their comments.

Sec. 16.32.050    Hearing Requirements

No hearing shall be required for a minor lot line adjustment. A public hearing shall be conducted by the Advisory Agency or other duly authorized authority for Major Lot Line Adjustments.  Notice of the hearing shall be published in a newspaper of general circulation at least ten (10) days prior to the hearing. In addition, all persons owning property within three hundred (300) feet of the proposed lot line adjustment or merger shall be sent written notice of the hearing by mail or other means at least ten (10) days prior to the hearing.

Sec. 16.32.060    Conditions of Approval

The Advisory Agency, other duly authorized body or the Planning Director may approve or conditionally approve a lot line adjustment or merger or may disapprove the proposed lot line adjustment if it will conflict with the County Zoning Ordinance, Building Ordinance or State law. All lot line adjustment approvals shall include, but not be limited to, the following conditions of approval:

  1. Individual parcels resulting from the lot line adjustment shall have financing which has the same legal description as the redesigned lots.
  2. All real property taxes which area lien on the property shall be paid, as provided by law, prior to recordation of the deed(s).  A certificate from the Tax Collector's Office, valid for a maximum of sixty (60) days, shall be provided to the Planning Director prior to recording the "Notice of Lot Line Adjustment".

Sec. 16.32.061    Notice of Approval

Following approval of a lot line adjustment or merger by lot line adjustment, and compliance with the conditions of approval, the Planning Director shall prepare a "Notice of Lot Line Adjustment" or a "Notice of Merger by Lot Line Adjustment" for recordation with the County Recorder. The Notice shall include the following: owners of record; legal description(s) of reconfigured lot(s), prepared by a licensed land surveyor; notarized signatures of land owners for each affected parcel; date of approval; Planning Department file number, and Planning Director's signature.  Recordation of the "Notice of Lot Line Adjustm
ent" and recordation of the deeds will complete the lot line adjustment of the affected parcels.  Deeds shall be reviewed and approved by the County Surveyor prior to recordation.

Sec. 16.32.062    Termination of Proceedings

Failure to meet all conditions of approval, and submit documentation to the Planning Department necessary to file the "Notice of Lot Line Adjustment" within twenty-four (24) months of the date of approval or conditional approval of a lot line adjustment shall terminate all proceedings, unless atime extension is granted.

Sec. 16.32.063    Time Extension

The Advisory Agency, or their designee, may grant one extension of time up to but not exceeding twelve (12) months beyond the twenty-four (24) months allowed for completing the Lot Line Adjustment. Request for time extension shall be made, in writing, to the Advisory Agency not less than thirty (30)  days prior to the expiration of the Lot Line Adjustment.

 


 

 

Chapter 16.36
DEDICATIONS

 

Section


16.36.010    Required Dedications     
16.36.020    Action by Board of Supervisors
16.36.030    When Effective     
16.36.040    Acceptance of Initially Rejected Dedications
16.36.050    Abandonment     
16.36.060    Acceptance - Time Limitations


Sec. 16.36.010    Required Dedications

Pursuant to Article 3, Section 66475 of the State Subdivision Map Act, the Subdivision Review Committee or Planning Commission may require the dedication or irrevocable offer of dedication of real property within the subdivision or parcel map boundaries for streets, alleys, (including access rights and abutter's rights), drainage, public utility easements and other public easements.  Such irrevocable offers may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part 3 (commencing with Section 8300) of Division 9, or by Chapter 2 (commencing with Section 940) of Division 2 of the California Streets and Highways Code, whichever is applicable. Such requirements for dedication or irrevocable offer shall be of a size and shape consistent with present and future requirem ents for roads and public utilities taking into consideration special topography, soil types, maintainability and other pertinent factors.

Sec. 16.36.020    Action by Board of Supervisors

At the same time it approves a final map, and upon submission of a parcel map to it by the County Surveyor, the Board of Supervisors shall accept, subject to improvement, or reject any offer of dedication made on the map. The Clerk of the Board of Supervisors shall certify on the map the action of the Bo
ard and shall transmit the map to the County Recorder for filing.  (Ord. 352-3 (2) (part) and 4 (part), 1979; Ord, 352 (11)(B), 1975.

Sec. 16.36.030    When Effective

Acceptance of offers of dedication on a final or parcel map shall not be effective until the map is filed with the County Recorder or until a resolution of acceptance by the Board of Supervisors is filed with the County Recorder.  (Ord. 352-3 (2) (part) and (4) (part), 1979; Ord. 352 (11)(C), 1975)

Sec. 16.36.040    Acceptance of Initially Rejected Dedications

If, at the time after the final or parcel map is approved, any streets, paths, alleys or storm drainage easements are rejected, the offer of dedication shall remain open and the Board of Supervisors may by resolution at a later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys or storm drainage easements for public use.  Such acceptance shall be recorded in the office of the County Recorder.  (Ord. 352-3 (2) (part) and (4) (part), 1979; Ord. 352 (11)(D), 1975

Sec. 16.36.050    Abandonment

Offers of dedication of streets, paths, alleys, or storm drainage easements may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part 3 (commencing with Section 8300) of Division 9, or by Chapter 2 (commencing with Section 940) of Division 2, whichever is applicable, of the California Streets and Highways Code.  (Ord. 352-3 (2) (part), 1979; Ord. 352 (11)(E), 1975)

Sec. 16.36.060    Acceptance - Time Limitations

In the case where a subdivision fronts on a public waterway, the offer of dedication of an easement for public access from a public highway to or along the bank of the public waterway must be accepted within three years after the approval of the final or parcel map. In the case where a subdivision fronts on a lake or reservoir owned in part or entirely by a public agency, the offer of dedication of a public easement for access from a public highway to the water of any such lake or reservoir must be accepted within five (5) years after the approval of the final or parcel map.  All other offers of dedication may be accepted at any time.  Offers of dedication not accepted within the time limits specified shall be deemed abandoned.  (Ord. 352-3 (2) (part) and (4) (part), 1979; Ord. 352 (11)(F), 1975)

 



Chapter 16.40
SECURITY


Section
16.40.010    Controlling Provisions     
16.40.020    Lien for Taxes or Special Assessments
16.40.030    Final Monuments     
16.40.040    Reduction in Improvement Security
16.40.050    Release of Security

Sec. 16.40.010    Controlling Provisions

The provisions of Chapter 5 of the Subdivision Map Act (Sections 66499 through 66499.10 of the California Government Code) shall control acceptable types of security, the forms of bonds, the amounts of security, the release of security and the liabilities upon security. (Ord. 352-2 (4) (part), 1979; Ord 352(12)(A), 1975).


Sec. 16.40.020    Lien for Taxes or Special Assessments

  1. Whenever any part of a subdivision creating more than four parcels or four parcels and a remainder, or otherwise subject to any state or local law, is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the subdivider shall file, with the Clerk of the Board of Supervisors, security conditioned upon the payment of all special assessments collected as taxes, which, at the time the final map is recorded, are a lien against the property but are not yet payable.
  2. If the taxes or special assessments are allowed to become delinquent, the County shall recover from the security the principal sum of the security without proof of loss. The County shall apply the sum received in payment of any and all such taxes or special assessments, including penalties and costs, if any, accruing thereto, to the proper state, county or district offices for satisfaction of the tax and special assessment liens, and shall pay the balance, if any, to the surety or depositor.  (Ord. 352-8 (2), 1980; Ord. 352-3 (4) (part), 1979; Ord. 352 (12)(B), 1975)

Sec. 16.40.030    Final Monuments

  1. Where cash has been deposited to secure the setting of final monuments by an engineer or surveyor, the Board of Supervisors may, if so requested by the depositor, pay the engineer or surveyor from said cash deposit upon notification that all final monuments have been set.
  2. If a subdivider does not present evidence to the Board of Supervisors that he has paid his engineer or surveyor for the setting of final monuments, and if the engineer or surveyor notifies the Board that he has not been paid by the subdivider for the setting of final monuments, the Board may, within three (3) months from the date of the notification, pay to the engineer or surveyor from any deposit the amount due.  (Ord. 352-3 (4) (part), 1979; Ord. 352 (12)(C), 1975)

Sec. 16.40.040    Reduction in Improvement Security

If required subdivision improvements are financed and installed pursuant to special assessment proceedings, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of faithful performance and labor and material bonds furnished by the contractor (Ord. 352-3 (4) (part), 1979; Ord. 352(12)(D), 1975)

Sec. 16.40.050    Release of Security

In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the Board of Supervisors shall not authorize release of the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two (2) months after notification of the performance of the obligation to register its satisfaction or dissatisfaction.  (Ord. 352-3 (4) (part), 1979; Ord. 352 (12)(E), 1975)
 


      Chapter 16.44
REVERSION TO ACREAGE


Section


16.44.010    Initiation of Proceedings
16.44.020    Items to Accompany Petition
16.44.030    Public Hearing     
16.44.040    Findings of Board of Supervisors
16.44.050    Conditions of Reversion
16.44.060    Effective Upon Filing

     
Sec. 16.44.010    Initiation of Proceedings

Proceedings for the reversion to acreage of any subdivided real property may be initiated by the Board of Supervisors on its own motion or by petition of all the owners of record of the real property within the subdivision.  (Ord. 352-3 (4) (part), 1979; Ord. 352 (17)(A), 1975)

Sec. 16.44.020    Items to Accompany Petition

A petition to initiate reversion to acreage shall be accompanied by:

  1. Adequate evidence of title to the real property within the subdivision;
  2. Sufficient data to enable the Board of Supervisors to make all of the determinations required by this chapter;
  3. A final map (or parcel map where the land to be reverted consists of four or fewer contiguous parcels in the same ownership) delineating dedications which will not be vacated;
  4. A fee, as set by the Board of Supervisors, which will pay for all costs incurred in processing the reversion to acreage. (Ord. 352-3 (4) (part), 1979; Ord. 352 (17)(B), 1975)

Sec. 16.44.030    Public Hearing

Prior to approval or disapproval of a reversion to acreage, the Board of Supervisors shall hold a public hearing.  Notice of the public hearing shall be published in a newspaper of general circulation at least ten (10) days prior to the hearing. Written notice, sent by mail or other means at least ten days prior to
the hearing, shall also be given to all owners of record of the real property within the subdivision which is proposed to be reverted to acreage.  (Ord. 352-3 (4) (part), 1979; Ord. 352 (17)(C), 1975)

Sec. 16.44.040    Findings of Board of Supervisors

The Board of Supervisors may revert a subdivision to acreage only if it finds that:

  1. Dedication or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
  2. One of the following conditions exist:
    1. All owners of an interest in the real property within the subdivision have consented to reversion, or
    2. None of the improvements required to be made have been made within two (2) years of the date on which the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or
    3. No lots in the subdivision have been sold within five (5) years after the date of filing for record of the final or parcel map.  (Ord. 352-3 (4) (part), 1979; Ord. 352 (17)(D), 1975)

Sec. 16.44.050    Conditions of Reversion

As conditions of reversion, the Board of Supervisors shall require:

  1. Dedication or offers of dedication required following reversions to acreage by the Subdivision Improvement Standards;
  2. Retention of previously paid security, or deposits necessary to pay the cost of processing the reversion;
  3. Retention of previously paid fees collected in conjunction with the filing and processing of the subdivision to be reverted.  (Ord. 352-3 (4) (part), 1979; Ord 352 (17)(E), 1975)

Sec. 16.44.060    Effective Upon Filing

Reversion shall be effective upon the final map being filed for record by the County Clerk. Thereupon, all dedications and offers of dedication not shown thereon shall be of no further force or effect, and all fees, deposits, and improvement security shall be released, except those retained pursuant to Section 16.44.050.  (Ord. 352-3 (4) (part), 1979; Ord. 352 (17)(F), 1975)

 


 



Chapter 16.48
SUBDIVISION IMPROVEMENTS

Section
16.48.010    Applicability     
16.48.020    General     
16.48.030    Improvements Required     
16.48.040    Improvement Plans and Permits Required
16.48.050    Preparation and Form of Improvement Plans
16.48.060    Commencement of Improvement Work
16.48.070    Construction and Installation Standards
16.48.080    Temporary Improvements     
16.48.090    Inspection of Improvement Work
16.48.100    Conditions of Improvement Work
16.48.110    Improvements Waived     
16.48.120    Specific Improvement Requirements
16.48.121    Public Sewage Disposal
16.48.122    Individual or On-site Sewage Disposal
16.48.123    Public Water Supply
16.48.124    Individual or On-site Water Availability
16.48.125    Solid Waste Disposal
16.48.126    Road Improvements     
16.48.127    Fire Protection Improvements
16.48.130    Oversizing Improvements - Reimbursement
16.48.140    Improvement Agreement     
16.48.150    Form, Filing and Term of Improvement Agreement
16.48.180    Liability for Alterations or Changes
16.48.190    Release of Improvement Security - Completion of Work
16.48.200    Withholding of Building Permits

Sec. 16.48.010    Applicability

All divisions of land, and the lots and parcels resulting there from, shall be subject to the provisions of this Chapter.

Sec. 16.48.020    General

The size, design, character, grade, location and orientation, and configuration of lots within a proposed subdivision and improvements required in connection therewith, shall be consistent with the density and uses authorized for the are by the General Plan or
the applicable Specific Plan, whichever is more restrictive. The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site (including soil conditions), the nature or extent of existing development, the availability of public services, or other provisions of the regulations.

Sec. 16.48.030    Improvements Required

The subdivider shall construct or install all improvements in streets, pedestrian ways, biking paths, channels, easements and other rights-of-way as are necessary for the general use of residents of the subdivision and to meet local traffic and drainage needs in accordance with the provisions of this Chapter.

Sec. 16.48.040    Improvement Plans and Permits Required

Improvement plans shall be completed by the subdivider prior to the acceptance of the final map or parcel map for filing by the Public Works Director. Improvements plans shall be prepared by a registered civil engineer of the State of California, or under his direction, at the subdivider's cost. Plans shall conform to improvement standards adopted by the Board of Supervisors pursuant to this Chapter and shall be submitted to the Public Works Director for review and approval. The final map shall not be deemed to be submitted for approval until the preparation of said plans is completed and said plans
have been accepted by the Public Works Director. Standard engineering fees to be charged by the County for review of such plans and inspection of construction work by the Public Works Director shall be determined by resolution of the Board.

Sec. 16.48.050    Preparation and Form of Improvement Plans

Improvement plans shall show full details of all improvements required to be installed by the provision of these regulations, and of all other improvements proposed to be installed by the subdivider within any street, pedestrian way, easement or other public area or right-of-way. Full details shall include cross sections, profiles, estimated costs and specifications. The form, layout, scale and other particulars of the plans, and number of copies to be provided, shall be in accordance with the requirements of the Public Works Director.

Sec. 16.48.060    Commencement of Improvement Work

Prior to the commencement of construction or installation of any improvements within any street, pedestrian way, easement or other public area or right-of-way, improvement plans shall have been approved by the Public Works Director and other affected departments, or divisions.  All other necessary permits to facilitate improvement work shall also be obtained prior to commencement.

Sec. 16.48.070    Construction and Installation Standards.

Improvements shall be constructed and installed in accordance with the approved plans and in accordance with the applicable standards, specifications and permit procedures established by these regulations, the County Code, State or Federal laws and resolutions of the Board of Supervisors. Improvements shall be constructed and installed to permanent line and grade satisfactory to the Public Works Director.

Sec. 16.48.080    Temporary Improvements

In addition to permanent improvements, temporary improvements may be required to be made prior to or concurrent with permanent improvements.

Sec. 16.48.090    Inspection of Improvement Work

All improvements shall be constructed under the inspection of the Public Works Director and the subdivider shall cause all such improvement work to be inspected at such times as are established and required by him.  Subdivider shall pay County a fee to defray County's costs in making such inspection, the rate of which shall be determined by resolution of the Board.

Sec. 16.48.100    Conditions of Improvement Work

All work and improvements contemplated by and performed under the provisions of these regulations shall be accomplished so as to minimize interference with and coordinate with other construction activiti es or developments of or on behalf of the County and nearby private development.

Sec. 16.48.110    Improvements Waived

If it is determined by the Public Works Director that the subdivision has been submitted only for the purpose of clarifying records by consolidating existing lots and metes and bounds parcels, or for the purpose of absorbing vacated streets or alleys by reversion to acreage, or both, the Board of Supervisors may, upon recommendation of the Public Works Director, waive all or a portion of the improvements which otherwise would be required.

Sec. 16.48.120    Specific Improvement Requirements

The improvements required by this Chapter shall be in accordance with Subsection 16.48.121.59

Sec. 16.48.121    Public Sewage Disposal

  1. When any part of a subdivision is located within 1,000 feet of an available public sanitary sewer to which the subdivision may legally be connected, said subdivision shall be required to be sewered and be connected thereto.
  2. Construction of the system, or assurance of completion satisfactory to the County Board of Supervisors, and any necessary district formation, or formation of other legal entities must be completed prior to he request for final subdivision approval.
  3. In the case of subdivisions included in an existing and operating district, the subdivider shall design and install the sewage system and appurtenances in conformance with the standards established by the district.  The subdivider shall furnish a letter from the district certifying that the improvement design is to their standards prior to submission of the final map.
  4. In the case of a subdivision not in an existing and operating district, the subdivider shall have construction plans prepared by an engineer licensed in the State of California submitted for review to the County Health Officer, Sanitary Engineering Branch and the North Coast Water Quality Control Board (NCRWQCB) at least thirty (30) days prior to consideration of the final map by the Board of Supervisors.
  5. Treatment and disposal facilities shall be designated in conformance with standards approved by the County Health Officer, Sanitary Engineering Branch and NCRWQCB.
  6. A competent inspector, approved by the County Board of Supervisors, shall be hired to inspect the installations for compliance with approved plans.  The cost, hourly rate, mileage and expense of the inspector, shall be paid by the subdivider.
  7. The subdivider shall be responsible for compliance with all local, County and State standards and for the stability of all improvements and shall replace any portions which have become displaced due to carelessness or negligence on his part or to damages resulting from natural causes until 50% buildout or two (2) years from final approval, whichever comes first.
  8. When the required improvements have been installed, the subdivider shall request the inspector, in writing, for a final inspection of said improvements. The subdivider shall be advised in writing of the status of the improvements, including deficiencies . The subdivider shall correct any deficiencies so reported and shall again request a final inspection.  The final inspection shall satisfy the inspector that the improvements fully comply with local, County and State specifications.
  9. Sewer systems and appurtenances located upstream of a domestic water reservoir must be located at an elevation of at least ten (10) feet above and over 200 feet horizontal distance from the high waterline. In addition, any sewage treatment facilities constructed or located in the watershed must be located at least 500 feet (horizontally) from the high water line of the reservoir.

Sec. 16.48.122    Individual or On-site Sewage Disposal   (Ref:  Ordinance No. 1168)

  1. If a subdivision of less than five (5) parcels is proposed for development on the basis of on-site sewage disposal systems, it is the responsibility of the subdivider to provide proof of the protection of water quality and the prevention of health hazards and nuisance conditions arising from the on-site discharge of wastes.

In general, the following site criteria for each parcel must be met:

  1. Criteria for determining lot size shall include the following:  (Ord. 1186)
Sewage Disposal Water Supply Required Minimum Usable Area (must be contiguous except as noted below)2 Minimum Lot Size1

 

On-Site Community 10,000 sq. ft. 10,000 sq. ft.
Community Individual No Minimum Specified 10,000 sq. ft.
On-Site Individual One-half acre2 One acre3
Community Community No Minimum specified No Minimum Specified


__________________________________________
  Minimum lot size shown refers to health standards only.  Applicants should also consult the County Zoning Ordinance.
  Minimum usable area in this case can be located in areas no less than 10,000 sq. ft. each as long as such areas are not separated by topographical barriers such as streams, 
  The one acre minimum lot size may be reduced to not less than one-half (1/2) acre if recommended by the County Health Officer, but only if documented findings can be made that both the site and the general area contain deep groundwater and that concentration of nitrates will not result from reduced lot sizes in the area. The applicant will be responsible for providing background information which shall include a study and recommendation by a civil engineer, registered geologist or registered hydrologist with documented education and experience in conducting such studies.

  1. The following shall not be considered as usable acreage:
    1. Land that is swampy or has groundwater within 8 feet.4
    2. Gravel bars, rock piles, or pervious material.
    3. Land which has a slope greater than 30%
    4. Land necessary or used for roads, driveways, land easements

 

TABLE 1
MINIMUM SETBACK REQUIREMENTS
Well1 100 ft.
Perrenial Stream2 100 ft.
Ephemeral Stream3 50 ft.
Lake or Reservoir4 100 ft.
Cut Banks, Natural Bluffs, Sharp Changes in Slope and Fills

3 x h= setback in ft.

(min. 25 ft., max. 50 ft.)

Unstable Land Forms 50 ft.
Spring5

200 ft.

(500 ft. in granite soils)

Property Lines 10 ft.

 

  1. Determination of a site's suitability for percolation of effluent shall be determined by the following methods:
    1. Percolation Testing:  Percolation testing shall be in accordance with methods specified in Figure 1 and conducted or supervised by a registered:  engineer, soil scientist, geologist, sanitarian, or licensed land surveyor.

Percolation testing of soils within Zone 3 and Zone 4 shall be conducted during wet weather conditions.6

____________________________________________________________
 

Use criteria in site evaluation.
 Includes off-site wells.
 As measured from the 10-year flood line. Setbacks must be increased to 500 feet of the high-water line for streams flowing to a domestic water reservoir within the closed zone.
 As measured from the edge of the water course. Setbacks must be increased to 500 feet of the high-water line for streams flowing to a domestic water reservoir within the closed zone.

As measured from the high-water line. Leaching systems must be placed a minimum horizontal distance of 200 feet  from the high-water line of domestic water reservoir and outside the "closed zone" at the water supply intake.  The "closed zone" is defined as a minimum of 500 feet from the intake works.
As measured uphill from spring.

 

Percolation testing of soils falling within Zone 1 and Zone 2 may be conducted in non-wet weather conditions provided presoaking of the test hole is accomplished with (a) continuous twenty-four (24) hour presoaking, or (b) a minimum of eight (8) complete refillings beginning during the day prior to that of the conduction of the test.

A minimum of 2 percolation tests per proposed parcel shall be performed with a minimum of 2 acceptable results. The test results shall not be less that 60 minutes per inch. The depths of each test hole are indicated in Table 2.    

 

TABLE 2
Average Slope of Lot Depth of Percolation Test Hole
0-10%  3 ft.
10-20%  4 ft.
20-30%  5 ft.

 

  1. Soil Analysis:  Soil from the limiting soil layer observed within an excavated soil profile shall be obtained and analyzed for texture and bulk density according to methods prescribed by the NCRWQCB. The results shall be plotted on the soil textural triangle of Figure 2, as per the indicated instructions.
  • ƒSoils within Zone 1 shall be considered to have minimal filtration capabilities, requiring increased depths to groundwater as per Table 3.
  • Soils within Zone 2 shall be considered suitable for effluent disposal.
  • Soils within Zone 3 and Zone 4 shall require percolation testing per1 above to verify suitability for effluent disposal.

______________________________________________________

Wet weather testing periods shall be (a) between January and April 30; and (b) following ten (10) inches of rain in a thirty (30) day period or after half of the seasonal normal precipitation has fallen. Extension of wet weather testing beyond the limits of the above criteria may be made by agreement of both the NCRWQCB and the County Health Officer.

TABLE 3
Soil TexturePercent of Silt and Clay Depth to Groundwater
5% or less  40 ft.
6 to 10%  20 ft.
11 to 15%  10 ft.
Greater than 15%2  

 

  1. Soil characteristics shall be evaluated by soil profile observations.  One backhoe excavation in the primary disposal field and one in the replacement area shall be required for this purpose. A third profile shall be required if he initial two profiles show dissimilar conditions.

Augured test holes shall be an acceptable alternative, upon determination of the County Health Officer or NCRWQCB:  (a) where use of a backhoe is impracticable because of access, (b) when necessary only to verify conditions expected on the basis of prior soils investigations, or (c) when
done in connection with geological investigations. Where this method is employed, three test holes in the primary disposal field and three in the replacement area shall be required. The following factors shall be observed by the County Health Officer and reported from ground surface
to a depth of at least five (5) feet below the proposed leachfield system (minimum overall depth is eight (8) feet.

  1. Thickness and coloring of soil layers and apparent United States Department of Agriculture (USDA) classification.
  2. Depth to and type of bedrock, hardpan or impermeable soil layer.
  3. Depth to observed ground water.

__________________________________________

Must exist for a minimum of 3 continuous feet between the bottom of the leaching trench depth and groundwater.
Or a percolation rate slower than 5 minutes per inch.

  1. Depth to soil mottling.
  2. Other prominent soil features such as structure, stoniness, roots and pores, dampness, etc.

 

  1. The anticipated highest level of groundwater shall be estimated:
    1. At the highest extent of soil mottling observed in the examination of soil profiles; 
    2. By direct observation of groundwater levels during wet weather conditions.1

Where a conflict in the above materials of examination exists, the direct observation shall govern.

In those areas which, because of parent materials, soils lack the necessary iron compounds to exhibit mottling, direct observation during wet weather conditions shall be required. Guidance in
defining such area shall be provided by the NCRWQCB.

  1. A greater number of the described tests above may be required by the County Health Officer at his discretion.
  2. The soil investigation report shall be submitted to the County Health Officer and shall include but not be limited to the following:
    1. Dates of test.
    2. Weather conditions at the time of tests.
    3. Location of percolation test holes on a copy of the tentative map.
    4. Depth of test holes.
    5. Percolation test results by test hole numbers (must be submitted on Figure 1 form).
    6. Signature on percolation test results.

_______________________________________________

Wet weather testing periods shall be (a) between January 1 and April 30; and (b) following ten (1) inches of rain in a thirty (30) day period or after half of the seasonal normal precipitation has fallen. Extension of wet weather testing beyond the limits of the above criteria may be made by agreement by both the NCRWQCB and the County Health Officer.

  1. The required soil investigation report shall be submitted to the County Health Officer at least fifteen (15) days prior to an on-site evaluation by the Health Department.  All soils work must be completed and submitted for approval to the County Health Officer at least thirty (30) days prior to final map approval.

________________________________________________

 
PERCOLATION TEST PROCEDURES                                                             FIGURE 1
NOTIFY THE HEALTH DEPARTION 48 HOURS IN ADVANCE OF CONDUCTING PERCOLATION TESTS

The object in conducting percolation tests of soil in which a drain field or seepage pit is to be installed, it is to determine the length of time required for the soil to absorb one inch of water when the ground has been saturated. The information obtained from these tests, together with a knowledge of the approximate amount and type of sewage to be discharged, makes it possible to determine the size of the drain field.

Holes 4 to 6 inches in diameter have been found to be the most convenient.  However, this diameter is not critical, and, particularly in very loose soils, it may be easier to dig larger holes. Sides of the holes should be vertical and the depth should be approximately that of the proposed drain field. The holes (2 or more) should be approximately 30 feet apart and in the area where the drain field will be installed.

  1. The sides should be roughed up to eliminate packing caused by the shovel or post hole digger, which would reduce the percolation rate. Two inches of fine gravel should be placed in the hole to prevent bottom scoring.
  2. Fill the hole with clear water being careful to avoid washing down the sides of the hole.  By refilling if necessary, keep at least 24 inches of water in the hole for at least 24 hours or a minimum of 8 complete refillings beginning during the day prior to the test.
  3. After the above saturation, start with no more than 12 inches of water above the gravel (remove water, if necessary) and begin the measurements.
  4. Select a reference point from which to measure (a board laid across the mouth of the hole is satisfactory) and measure the distance from the reference point to the level of the water. Enter the time and distance measured on the char below.
  5. Repeat the measurement at the end of 30 minutes. Continue making measurements at 30-minute intervals for the complete 4 hours.
  6. If the water level drops too low for further readings, refill to the 12-inch level at the end of a 30-minute period, measure, and proceed as before. Note time(s) of refill(s) on chart below.
  7. If the hole consistently drains in less than 30 minutes, make readings at 10-minute intervals for the complete 4 hours.

 

Sec. 16.8.123    Public Water Supply

  1. Construction of the system, or assurance of completion satisfactory to the County Board of Supervisors, and any necessary district formation, or formation of other entities, must be completed prior to the request for final map subdivision approval.
  2. In the case of subdivisions included in an existing and operating district of 200 or more connections, the subdivider shall design and install the water system and appurtenances in conformance with the standards established by the district and Title 22 of the California Administrative Code. The water system must be in compliance with the California Safe Drinking Water Act and Title 22 of the California Administrative Code. The subdivider shall furnish a letter from the district certifying that the improvement design is to its standards prior to submission of the final map.
  3. In the case of subdivisions included in an existing and operating water system of less than 200 connections the subdivider shall design and install the water system appurtenances in conformance with Title 22 of the California Administrative Code prior to submission of the final map.
  4. In the case of subdivisions not in an existing and operating district, the subdivider shall have construction plans prepared by an engineer licensed in the State of California and submitted for review by:  (a) the Sanitary Engineering Branch for systems of 200 connections and more; or (b) the County Health Department, Sanitary Engineering Branch and Department of Corporations for systems under 200 connections at least thirty (30) days prior to submission of the final map for approval.

The construction plans shall include at a minimum the following:

  1. Bacteriological and chemical water samples of source, as defined in Title 22 of the California Administrative Code.
  2. General plan of the source (including well logs, pump tests and water rights, if needed), treatment distribution systems and storage works showing the location, function, and capacity of each component.
  3. The parcels on which the source, treatment and storage works are proposed must be specifically delineated.

 

  1. Minimum fire flows as specified in Section 16.48.127 must be designed into all existing and proposed water systems.
  2. The subdivider shall provide a letter from the water provider agreeing to unconditionally with without exception provide domestic water to each lot in the proposed subdivision.
  3. A permit to construct a water system must be obtained as provided for in the California Health and Safety Code, Section 4011.
  4. All water systems shall be designed, installed and maintained in compliance with the California Safe Drinking water Act, Waterworks Standards and the Domestic Water Quality and Monitoring Requirements.
  5. The County Board of Supervisors may require a competent inspector be hired to inspect the installation for compliance with approval plans. If required, the cost, hourly rate, mileage and expenses of the inspector shall be paid by the subdivider.
  6. The subdivider shall be responsible for compliance with the foregoing standards and for the stability of all improvements and shall replace any portions which have become displaced due to carelessness or negligence on his part or to damages resulting from natural causes until 50% buildout or two (2) years from final approval, whichever comes first.

 

Sec. 16.48.124    Individual or On-site Water Availability

  1. In the case of subdivisions of less than five (5) parcels, water availability on each parcel must be proven by one or a combination of the following method.
    1. Adequate water supply on each parcel capable of producing three (3) gallons per minute. The water must be legally obtained as defined in the Water Rights Law.
    2. A well (as defined in the California Water Well Standards), located within 1500 feet of each proposed parcel of the property to be divided and capable of producing three (3) gallons per minute after a four (4) hour pump test.

All water availability must be proven during a time period of July 15 through September 30. This time period may be extended at the discretion of the County Health Officer.

  1. In the case of subdivsions of five (5) or more parcels, more proof of water availability is required, as follows:
    1. The County Health Officer shall be furnished all required information thirty (30) days prior to the final map being submitted for consideration by the Board of Supervisors.
    2. The minimum of three (3) test wells shall be drilled. The minimum number of productive test wells shall be based on the ratio of one (1) per five (5) lots. The test wells must be located in areas least likely to produce a satisfactory well and must be in a pattern to represent the total area of the subdivision. The pattern and location of test wells must be approved by the Health Department prior to drilling. Based on other water sources, the well requirement may be waived by the County Health Officer.
    3. A complete chemical analysis (including heavy metals) of the water from every third test well. Each test well must have a bacteriologist test.
    4. Each test well shall be capable of producing a sustained yield of three (3) gallons per minute for duration of not less than four (4) hours as determined by a pump test.
    5. All wells shall be drilled in compliance with the California Water Wells Standards. A Copy of the completed well driller's log which has been filed with the Department of Water Resources shall be submitted to the County Health Officer.
    6. The location of each test well must be indicated on a copy of the tentative map.
    7. A statement from a registered geologist, or hydrologist as to a sufficient perennial recharge to supply as many wells as proposed for the subdivision and anticipated impact on water quantify for adjacent properties.

 

Sec. 16.48.125    Solid Waste Disposal

The subdivider shall indicate the nearest approved sol id waste disposal site available to lot owners. Solid waste disposal facilities, acceptable to the County Board of Supervisors, County Planning Commission and County Health Department, may be required to be provided for the subdivision. Plans, specifications, proposed locations, and maintenance plans, or information regarding other proposed means for disposal, shall be submitted prior to request for final subdivision approval.

 

Sec. 16.48.126    Road Improvement

  1. Basic Design Objective.  It is the policy of Trinity County that roadway design will satisfy the following basic criteria. The roadway will be designed to move traffic efficiently and safely at prescribed service levels, consistent with the expected use of the roadway, under guidelines promulgated by AASHTO Policy on Geometric Design, and as follows:
    1. Legal requirements;
    2. Sound engineering principles and practices and engineering geological evaluation if necessary;
    3. Traffic safety considerations;
    4. Economy of design and maintenance;
    5. Allowance for the special nature of Trinity County roads and traffic conditions;
    6. Type of traffic; and
    7. Zoning.

 

  1. Design Standards for Roadway Categories. It is the policy of Trinity County that design will be based upon the following roadway classifications, use, and level of services:

 

  1. Roadway Category D: (Private Roadway)
  • ƒOne lane - low speed, less than 20 mph.
  • No parking permitted on traveled way.
  • Passing areas will be required for roads exceeding 500 feet in length.
  • Serves maximum of 4 parcels.
  • Intended for projects where through access is not existing and/or necessary for other lands in the general vicinity nor necessary for overall circulation needs.
  • These roadways must be encumbered by an exclusive easement for use by only the original parcels created. This is to insure that such roads cannot be utilized for subsequent divisions.

 

  1. Roadway Category #1: (Private Roadway)
  • One lane - low speed, less than 20 mph.
  • No parking permitted on traveled way.
  • Services maximum of twenty (20) parcels.
  • Intended for areas where further land use is expected to consist of lots equal to or greater than five (5) acres.

 

  1. Roadway Category #2: (Private Roadway)
  • Two lane - will allow for vehicles to pass each other at slow speeds.
  • No parking on traveled way.
  • Low speed - 15 to 25 mph design.
  • Intended for areas where future land use is expected to consist of a mixture of lot sizes but where the predominate lot size is equal to two and one-half (2-1/2) acres.

 

  1. Road Category #3:  (Private Roadway)
  • Two lane, narrow roadway - Will allow for vehicles to pass each other at slow speeds.
  • Parking allowed along traveled way.
  • Low Speed - 25 mph design
  • Prime and double chip seal may be required
  • Intended for area where; future land use is expected to consist of a mixture of lot sizes but where the predominate lot size is one acre or less; and/or where private street functions as a collector.

 

  1. Road Category #4: (Public Roadway)
  • Full two lane with at least two 2-foot shoulders.
  • No parking on traveled way.
  • Intended for areas where future land use is expected to consist of a mixture of lot sizes but where the predominate lot size is greater than one acre.
  • Surfacing based on amount of existing or future truck traffic.

 

  1. Roadway Category #5:  (Public Roadway)
  • Full two lane with two 8-foot wide parking lanes.
  • Provides on-street parking. Topography or design may require deletion of parking on one side as approved by Department of Public Works.
  • Intended for areas within defined communities or village areas where future land is expected to result in lot sizes generally one (1) acre or less as well as incorporate a variety of land uses; and/or where public street functions as a collector.
  • Provisions for sidewalk(s), pedestrian path(s), bike lane(s), etc., shall be provided when required by the Department of Public Works.
  1. Guidelines for Determining Roadway Categories:
    1. If on-street parking is expected, then a parking lane must be provided.  The parking lane need not accommodate more than three (3) vehicles if the lot frontage exceeds 120 feet.  If the subdivider does not provide for on-street parking, the topography of the lots must permit normal site development and provide room for the parking of five (5) vehicles.
    2. Applicant is responsible for all drainage requirements.
    3. In estimating average daily traffic (ADT), the number of lots served by the road in village, community or urbanizing areas shall be multiplied by eight (8).  In rural areas, the number of lots served by the road shall be multiplied by five (5).
    4. Upon satisfactory completion, roads constructed in accordance with standards of Categories 4 and 5 would qualify for inclusion into the County maintained road system.  Roads under Category 2 and 3 would qualify if surfaced with seal coat or asphalt as required by the Public Works Director. Consideration would be given to building setbacks, area's density, length of road, size of parcels, if connected to a public maintained road, and public use and type of traffic.
    5. Nothing herein permits the submittal of subdivision improvement plans which do not reflect sound engineering judgment and practices.

 

  1. Other  Guidelines:
    1. Roads in decomposed granite soils shall conform to one of the road categories required by the Department of Public Works and the following:
      1. All cut-and-fill slopes shall be seeded and fertilized with recommended seed, fertilizer and mulch as approved by the Soil Conservation Service. (Noted below)  This shall be accomplished prior to the first growing season following completion of construction. The objective is to achieve a vegetative cover sufficient, in the judgment of the County Road Inspector, to prevent soil loss from the slopes within two (2) growing seasons following completion of construction. If, in the judgment of the Inspector, this is not physically possible, some other acceptable slope stabilization method may be approved by the Inspector.

Seeding Recommendations

Rec. #1                                     Luna or Topar Pubiscent
                                                 Wheat Grass 12 lbs./acre

                                                 Tegmar Dwarf Wheat Grass
                                                 12  lbs./acre

                                                 Zorro Annual Fescue
                                                 10  lbs./acre

Rec. #2                                    Zorro Annual Fescue
                                                 15  lbs./acre

Fertilizer Recommendations:  16-20-0 at 500 lbs./acre should not be applied more that fifteen (15) days prior to seeding.

Mulch straw at 2 tons/acre or 100lbs./1000 sq. ft.  If blown it should also be tucked into the ground. Hydro mulch at 1500 lbs./acre (Dye should be added to mulch).

Mulching and seeding should be done at the same time.

Planting  Schedule
September 1 to October 15
March 1 to May 15

For additional information contact Trinity County Resource Conservation District.

  1. Minimum culvert size shall be eighteen (18) inches and all culvert outlets shall terminate on energy-dissipating surfaces, adequate, in the judgment of a civil engineer, to minimize erosive processes arising from any flows carried by said culverts.
  2. Drainage ditches and gutters shall be rocked to prohibit erosion.
  3. For roadways in granite soils, also see Ordinance No. 379.

 

  1. Structures  (bridges, culverts, walls, etc.):
    1. New Structures shall be designed in accordance with Chapter V "Local Roads and Streets" of AASHTO's "A Policy on Geometric Design of Highways and Streets", as revised, and the current edition of AASHTO's "Standard Specifications for Highway Bridges (1)".
    2. Bridges to Remain in Place shall conform to the requirements as set forth in Chapter V of the above referenced AASHTO Policy on Geometric Design.
    3. All bridges shall be founded on permanent foundations and capable of withstanding the 100-year flood.

 

Sec. 16.48.127    Fire Protection Improvements

  1. Basic Design Objectives:  It is the policy of Trinity County to insure that the best minimum fire protection needs be incorporated into the subdivision process. To achieve this objective the required improvements will be based upon:
    1. Standards of the local Fire Protection Districts when such standards are more restrictive than the County standards, and the project is within such a district or its sphere of influence;
    2. Site specific characteristics which necessitate alternatives do not lessen the degree of fire protection given;
    3. Economy of design and maintenance; and
    4. The timing of need for such facilities.
  2. Fire Protection Standards - No Central Water System.
    1. Where there is no established water system the following guidelines shall apply:
    • The installation of reservoirs, pressure tanks, elevated tanks, or other fixed systems capable of supplying the required fire flow and/or static source shall be in accordance with the National Fire Protection Association #1231, or
    • With the installation of an approved, supervised, automatic sprinkler system in accordance with NFPA #13 the above formula may be waived as per NFPA #1231, Chapter 4-5.1, or
    • Where the required static source of water is less than 4,000 gallons, on-site water may be omitted if the Fire Department responsible for fire protection has a 25 gallon water tender, or equivalent, located within two and one half miles, or 
    • A minimum of 500-gallon static source of water is provided per parcel.
  3. Fire Protection Standards - Central Water System.
    1. Fire Flow General.  Fire flow shall be determined in accordance with the following standards. The design engineer should check with the involved agency prior to design. Where an established water system is present, which may be extended, and the system is not substandard to these regulations, or located where district flow standards supercede the fire flow shall be no less than:

 

Land Use  Minimum Flow Hydrant Size  Hydrant Spacing
Lot density of less than one single-family residential unti per acre. 500 CPM 6" 750'
Lot density of three or less single-family residential units per acre 750 GPM 6" 500'
Lot density of more than three single-family residential units per acre. 1000 GPM 6" 500'
Duplex residential units neighborhood business of one story. 1500 GPM 6" 500'
Multiple residential, three stories or higher; heavy commercial Heavy industrial. 2500 GPM 6" 300'

   
 
With the installation of an approved, supervised, automatic sprinkler system in accordance with the NFPA #13, throughout the building, a 50% reduction may be granted. In no case shall there be less than 500 gpm
provided on site.

  1. Distribution System. All distribution systems shall be designed to permit circulation of water throughout, except where impractical because of cul-de-sac or like conditions or the incomplete development of a grid system. All dead-end runs shall be provided with a means of flushing.  All distribution system materials shall be new and free of defects.
  2. Size of Mains. Water mains shall be of adequate size and so designed in conjunction with related facilities to provide the fire flow rate at all points in the system during the time of average daily demand with a minimum pressure of 20 psi.

All water mains used or useful for fire protection shall have a minimum nominal diameter of six (6) inches, and shall be sufficient size to supply 500-gpm flow from two (2) hydrants for a period of two (2) hours.

  1. Fire Flow Test.  A fire flow test shall be made by the fire department representative with the developer and/or engineer present prior to acceptance of said system. The fire department and water supply agency shall be notified of said test a minimum of twenty-four (24) hours prior to performance of said test. The fire flow test shall be performed in accordance with PUC standards and minimum standards set forth by the NFPA relating to fire flow test.
  2. Fire Flow Substandard Conditions. In an area served by a substandard water distribution system that does not qualify for the minimum current fire flow standards of this Ordinance, the water supply formula from NFPA #1231 shall be used with the provision that a factor to determine "water storage capacity" shall be obtained through the use of the following formula:

Each gpm of recorded fire flow (20 spi residual at the site) shall be equivalent to ten (10) gallons of water storage capacity.

 

Sec. 16.48.130    Oversizing Improvements; Reimbursement

As a condition of approval of a tentative map it may be required that improvements installed by the subdivider for the benefit of the subdivision be of a supplemental size, capacity or number for the benef
it of property not within the subdivision, and that said improvements be dedicated to the public.  If such a condition is imposed, provision for reimbursement to the subdivider in the manner provided by Section 66486 of the Subdivision Map Act shall be contained in the subdivision improvement agreement.

 

Sec. 16.48.140    Improvement Agreement

If the required improvements are not satisfactorily completed before a final map or parcel map is filed with the County Surveyor, the subdivider shall enter into an agreement with the County to make all improvements as may be required upon approval of such map. The requirements of such improvement agreement shall not be waived under any circumstances.

 

Sec. 16.48.150    Form, Filing and Term of Improvement Agreement

The improvement agreement shall be in writing, shall be approved as to form by the County Counsel and shall be secured and conditioned as provided in this chapter. An acknowledged abstract of said agreement shall be recorded simultaneously with the final map or the parcel ma. The improv
ement agreement, and acknowledged abstract thereof, shall be complete, subject to Board approval, and on file with the County Surveyor before the final map or parcel map is accepted for filing. The term of each improvement agreement filed pursuant to the provisions of this section shall begin on the date of filing and end upon the date of completion or fulfillment of all terms and conditions contained therein to the satisfaction of the County Surveyor.

 

Sec. 16.48.180    Liability for Alterations or Changes

The liability upon the security given for the faithful performance of the agreement shall include the performance of any changes or alterations in the work; provided, that all such changes or alterations do not exceed ten percent (10%) of the original estimated cost of the improvement.

 

Sec. 16.48.190    Release of Improvement Security - Completion of Work

Improvement security may be released upon the final completion and acceptance of the work; provided, such release shall not apply to the required quaranty and warranty period nor to the amount of security deemed necessary by the County Surveyor for such quaranty and warranty period nor to costs and reasonable expense fees including reasonable attorney's fees. The County Surveyor shall accept and certify to the satisfactory completion of improvement work prior to any release of improvement security covering such work. The certificate of completion signed by the County Surveyor shall authorize the release of the improvement security in the manner provided by law.

 

Sec. 16.48.200    Withholding of Building Permits

No building permit or similar entitlement or use shall be issued for the development of any lot within a subdivision until all required improvements are substantially completed to the satisfaction of the County Surveyor; provided, building permits and entitlements may be used for the development of lots within a subdivision when the County Surveyor determines:

  1. That a private contract for construction of all required improvements (guaranteed by performance and payment bonds) has been awarded by the subdivider and approved by the Board, or that a contract for construction of all required improvements has been awarded by the Board pursuant to special assessment proceedings; and
  2. If the improvements are to be constructed by private contract, the work of improvement has commenced and is progressing at a rate and in a manner which is reasonable under the circumstances; and
  3. The development of the lot will not conflict with work in progress on the construction of the required improvements.

 




Chapter 16.49
SUBDIVISION DESIGN STANDARDS

Section
16.49.010    Applicability     
16.49.020    General     
16.49.030    Access     
16.49.040    Existing Streets and Unsubdivided Land Section
16.49.050    Provisions for Resubdivision
16.49.060    Waiver of Access Rights
16.49.070    Intersections     
16.49.080    Minor Streets     
16.49.090    Cul-de-sac Streets     
16.49.100    Right-of-way Widths and Improvement Design Section
16.49.110    Minimum Street Widths
16.49.120    Grades     
16.49.130    Curve Radii     
16.49.140    Street Names     
16.49.150    Pedestrian Ways     
16.49.160    Equestrian, Hiking, and Biking Trials and Paths
16.49.170    Utility Easements     
16.49.180    Other Easements     
16.49.190    Lot Width and Area
16.49.200    Lot Size Compatible with Nearby Lots
16.49.210    Drainage and Water Course
16.49.220    Open Space Maintenance
16.49.230    Protection of Natural Resources
16.49.240    Stream and Lake Access - Planning Director's Report Required
16.49.250    Hazardous Areas     
16.49.260    Fire Protection

 

Sec. 16.49.010    Applicability

All divisions of land, and the lot and parcels resulting there from, shall be subject to the provisions of this Chapter.

 

Sec. 16.49.020    General

The size, design, character, grade, location and orientation and configuration of lots within a proposed subdivision and improvements required in connection therewith, shall be consistent with the density and uses authorized for the area by the General Plan or the applicable Specific Plan, whichever is more restrictive.

The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site (including soil conditions), the nature or extent of existing development, the availability of public services, or other provisions of the regulations.

All subdivisions shall result in lots which can be used or built upon.  No subdivision shall create lots which are imprac tical for improvement or use due to steepness of terrain, location of watercourses, size, shape, inade quate frontage or access or building area or other physical condition.

 

Sec. 16.49.030    Access

Each lot created shall have legal access from that lot to a public road.

Each minor street providing access to lots within a subdivision shall connect directly or through one or more minor streets to a collector street or major street.

Each route of access to collector streets or major streets and its point of connection therewith shall be adequate to safely accommodate the composition and volume of vehicular traffic generated by the land uses which it serves.

In determining the adequacy of a route of access, the deployment of fire equipment or other services under emergency conditions shall be considered.

A tentative map which makes use of a minor street which passes through a predominately residential neighborhood as a route of access to industrial, commercial or other subdivisions generating traffic which would conflict with the residential character of the neighborhood may be denied.

 

Sec. 16.49.040    Existing Streets and Unsubdivided Land

Streets shall be laid out to conform to the alignment of existing streets in adjoining subdivisions and to the logical continuation of existing streets where the adjoining land is not subdivided.

The realignment of streets in contemplation of the development or use of adjoining property and the provision of streets or dead-end street extensions to facilitate the subdivision of adjoining property may be required.

Permanently dead-ended streets (except cul-de-sacs as defined in these regulations) are prohibited.  When a street is temporarily dead-ended a barricade or temporary turning area or temporary connection to another street may be required. Permanent
turnarounds may be required at the end of dead-end streets where the future extension of the street is remote.

 

Sec. 16.49.050    Provisions for Resubdivision

Where property is subdivided into lots substantially larger than the minimum size required by these regulations or by the zoning districts in which the subdivision is located, whichever is most restrictive, streets and lots shall be required to be laid out so as to permit future resubdivision in accordance with the provisions of these regulations.

 

Sec. 16.49.060    Waiver of Access Rights

A frontage road, or side-on lots, or other types of limited access layout may be required where a subdivision adjoins or contains an existing or proposed collector or major street. To accomplish the purposes of this section, waivers of vehicular and pedestrian access rights to the collector or major street may be required.

Waivers of vehicular and pedestrian access rights may also be required to prevent a minor or collector street which passes through a predominantly residential neighborhood from being used as a route of access to industrial, commercial or other subdivision generating traffic which would conflict with the residential character of the neighborhood.

 

Sec. 16.49.070    Intersections

Street alignments shall provide for streets entering opposite each other to have their center lines directly opposite as much as possible. Where this is not possible the street shall be offset a sufficient distance to provide for safe traffic movements.

Intersections on a major or collector street shall be kept to a minimum.

All streets shall intersect or intercept each other at right angles.

 

Sec. 16.49.080    Minor Streets

Minor streets shall be so laid out that their use by through traffic will be discouraged.

 

Sec. 16.49.090    Cul-De-Sac Streets

A cul-de-sac street created by the proposed subdivision shall not exceed 500 feet in length. A proposed cul-de-sac may be reduced in length or may be eliminated in order to provide for the efficient circulation of traffic, the future development of the neighborhood street system or the deployment of emergency services.


Sec. 16.49.100    Right-Of-Way Widths and Improvement Design

All street and alley rights-of-way and the locations of improvements therein shall be designed to conform to adopted street standards, except where a modification is expressly permitted by Chapter 16.50 (Subdivision Modifications), or where a special cross-section is required to conform to an adopted planned street line or an applicable Specific Plan.

 

Sec. 16.49.110    Minimum Street Widths

Maps of proposed subdivisions containing streets of less than required width shall be denied.

 

Sec. 16.49.120    Grades

Grades of all streets shall be consistent with adequate surface drainage requirements and the approved grading plan of the proposed subdivision.

 

Sec. 16.49.130    Curve Radii

All curves shall have sufficient length to avoid the appearance of an angle point. Reverse curves shall be connected by tangents of length approved by the Public Works Director.  The center line radii of curves shall be as large as possible but not less than the following:
           

Major Streets  600 ft
Collector Streets  300 ft
Minor Streets  200 ft


Sec. 16.49.140    Street Names

All streets shall be named. Proposed street names shall be considered in conjunction with the tentative map.  The County Surveyor shall consult with the emergency services providers and the Historical Society prior to recommending approval or denial of a requested street name.

 

Sec. 16.49.150    Pedestrianways

Improved pedestrianways not less than ten (1) feet in width may be required where needed for traffic safety for access to schools, playgrounds, shopping facilities, and other community facilities.

 

Sec. 16.49.160     Equestrian, Hiking and Biking Trails, and Paths

Equestrian, hiking and biking trails and paths shall be provided in locations established by the General or Specific Plans.  Adequate access points for the public, maintenance and emergency vehicles and parking facilities shall be provided as necessary.



Sec. 16.49.170    Utility Easement

  1. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be ten (10) feet.
  2. Easements for overhead utility lines shall be located at the rear of lots or parcels where practical and along the sideof lots or parcel where necessary.  Where practical the poles supporting such overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes.
  3. Underground utility lines may be installed within street rights-of-way or along any lot line. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within the street rights-of-way, shall be subject to the approval of the County Surveyor.
  4.  

Sec. 16.49.180    Other Easements

Easements for storm drains or flood control channels, slope rights and other public uses shall be provided at such locations and to such widths as determined necessary by the Advisory Agency or duly authorized hearing body. Open space, public access, riverfront recreational and scenic easements shall be provided at such locations and to such widths as are necessary to accomplish the objectives, policies and programs of the General Plan and in accordance with the purposes and policies of these regulations, any other applicable Specific Plan of the county and the requirements of the Subdivision Map Act.

 

Sec. 16.49.190    Lot Width and Area

  1. The size and shape of lots shall be in conformance to any zoning, land use regulation, or ordinance effective in the area; provided, however, that where this Chapter imposes more restrictive standards the requirements of this Chapter shall prevail.
  2. When approved by the Advisory Agency or other duly authorized hearing body, lots or parcels to be used exclusively for, but not limited to, well sites, sewage lift stations, drainage devices, sump pumps and other similar installations and appurtenances, need not meet the minimum lot area, depth-width ratios, or frontage requirements. Such lots or parcels shall be designated on the final map or parcel map for the purpose thereof and be shown as "Not a Building Site".
  3. No lot shall have a depth of grater than three (3) times the average width of the lot; provided, however, that the Advisory Agency or other duly authorized hearing body may approve greater width-depth ratios when necessitated by topography or other physical conditions, or where property is to be used for commercial or industrial purposes.
  4. The side lines of all lots, so far as possible, shall be at right angles to the center line of the street, or radial, or approximately radial to curved streets.
  5. No lot shall be divided by a Special District or County boundary line.
  6. Building setback lines hall be indicated on the final map or parcel map as required by the County Zoning Code or other appropriate restriction.
  7. Lots having double frontage shall not be permitted, except as otherwise provided herein. In all cases access on one side shall be restricted by proper dedication or legal instrument.
  8. All lots shall be suitable for the purpose for which they are intended.
  9. Flag lots or parcels whose access to the abutting street is provided by a strip or segment which is a part of said lot or parcel may be approved by the Advisory Agency or other duly authorized hearing body when necessitated by topography or other special condition; provided, however, that the main portion of the lot meets the provisions of this Chapter as to length, depth, area and design. In no case shall the access strip be less than twenty (20) feet in width nor greater than three hundred (300) feet in depth and improvements shall be constructed therein to provide an all weather driveway. A flag lot shall not be utilized to provide for water access purposes only.
  10. Any lot or parcel created by a division of land but not shown as a part thereof shall be of such size and shape as to conform to the provisions of the chapter.
  11. No lot or parcel created by a division of land shall be excluded from the boundaries of the division of land for the purpose of avoiding dedication or improvement of any street, drainage, or flood control facility.
  12.  

Sec. 16.49.200    Lot Size Compatible with Nearby Lots

When determined necessary to promote the general welfare, and assure the orderly development of a community, residential lots within a proposed subdivision may be increased in size so as to more closely conform to the size of existing nearby lots; provided, however, that in such cases lots within a proposed subdivision may not be required to be increased in area by more than fifty percent (50%) of the minimum lot area requirement.

 

Sec. 16.49.210    Drainage and Water Course

  1. The subdivider shall provide drainage systems within the division of land to carry storm run-off both tributary to and originating within the division of land. Said drainage systems shall be based on a drainage study performed by a licensed engineer of the State of California when so required by the Public Works Director.  Said systems shall be located within drainage easements delineated on the final map or parcel map. Drainage easements shall be offered for dedication. The alignment of drainage easements shall conform to the meanderings of the natural water course or to the alignment approved for the drainage system. Width of drainage easements shall be that required to encompass the natural water course or drainage system and any such additional width necessary to accommodate maintenance equipment as required by the Public Works Director.
  2. Drainage easements shall be provided for all natural watercourses.
  3. Where a division of land causes an increase in and the unnatural concentration of surface waters onto adjacent private and public property the subdivider shall obtain an easement for drainage purposes across such property sufficient in width and improved in a manner adequate to handle the runoff of such surface water to a satisfactory point of disposal. If the owner of such adjacent private property agrees to accept such increased runoff and unnatural concentration of surface water and such agreement has been recorded, the easement referred to herein shall not be necessary.

 

Sec. 16.49.220    Open Space Maintenance

  1. All areas within a subdivision designated or planned as open space or for use for park or recreation purposes shall be either; or Designated as a separate parcel or parcels and dedicated to the County or Special District for park and recreation purposes; or
  2. Designated as a separate parcel or parcels and maintained as common open space by a homeowners association or similar entity; or
  3. Contained within the various lots of the subdivision and maintained by the owners of such lots.
  4.  

Sec.  16.49.230    Protection of Natural Resources

The configuration of lots and the design of improvements required by this Ordinance shall, to the extent reasonable under the circumstances preserve indigenous natural resources such as, but not limited to, native trees, shrubs, wildlife and their habitat.

 

Sec. 16.49.240    Stream and Lake Access -Planning Director's Report Required

In any proposed subdivision coming within the provisions of this Chapter, there shall be offered for dedication whatever public access is required for subdivision by Article 3.5 of Chapter 4, sections 66478.1 through 66478.14 of the California Government Code. For such divisions, the Planning Director shall, prior to action by the Advisory Agency or other duly authorized hearing body on the tentative map, conduct an investigation and render to the hearing body a report stating his opinion whether access should be required an, if so, what would constitute reasonable access. The Planning Director's Report shall address the following criteria:

  • Fisheries resource of the subject body of water;
  • Unique environmental features of the area including, but not limited to: waterfalls, pools, rare or endangered riparian wildlife or plants;
  • The amount of pattern of publicly owned properties in the vicinity which allows for reasonable access alternatives;
  • Current utilization of the subject site by the public;
  • Existing or planned provisions for public access including, but not limited to:  campgrounds, resorts, day use areas, and trails;
  • Potential for conflict between property owners and the public;
  • Topographical and vegetative features which may affect access and public safety both within the affected properties and to adjacent properties.
  •  

Sec. 16.49.250    Hazardous Areas

Areas known to be dangerous by reason of geological conditions, unstable sub-surface conditions, groundwater or seepage conditions, flood hazard, periodic inundation, or any other dangerous condition shall not be divided except under restri ctions as to the use of all or any part thereof to insure the safety and well-being of the public. In any event the division of such affected properties shall comply with applicable provisions of the Zoning Ordinance.

 

Section 16.49.260   Fire Protection

In areas where the qualified fire officer is of the opinion there will be a fire hazard to the acreage surrounding the division of land or to the lots or parcels within the division of land, adequate fire protection features, including but not limited to, access roads, fire breaks, and accessibility to sufficient and available water, shall be provided within or without the division of land.

 


 

Chapter 16.50
SUBDIVISION MODIFICATIONS


Section


16.50.010    Modification Authority     
16.50.020    Required Findings and Conditions
16.50.030    Modification Filing Time
16.50.040    Application Requirements     
16.50.050    Fees     
16.50.060    Referrals     
16.50.070    Hearing Requirement    

   

Sec. 16.50.010    Modification Authority

The Advisory Agency or other duly authorized body may, in accordance with the provisions of this Chapter grant, conditionally grant or deny requests by a subdivider for modifications to the requirements or standards imposed by these regulations; provided, however, that no modifications may be made to any requirement imposed by the Subdivision Map Act; and further provided, that nothing herein shall be construed as altering or conflicting with the powers and duties of the Planning Director or Planning Commission to authorize variances from the regulations and requirements of the Zoning Ordinance. A minor change in the design of a subdivision which is not violative of the requirements or standards imposed by these regulations shall not be deemed to be a "modification" as the term is used herein.

 

Sec. 16.50.020    Required Findings and Conditions

Before granting any modification, the Advisory Agency shall make all the following findings:

  1. That the property to be divided is of such size or shape, or is affected by such topographic conditions, or that there are such special circumstances or conditions affecting the property that it is impossible, impractical or undesirable in the particular case to conform to the strict application of these regulations.
  2. That cost to the subdivider of strict or literal compliance with the regulation is not the sole reason for granting the modification.
  3. That the modification will not be detrimental to the public health, safety or welfare or be injurious to other properties in the vicinity.
  4. That granting the modification is in accordance with the intent and purposes of these regulations and is consistent with the General Plan and with all other applicable Specific Plans of the County.

In granting a modification, the Advisory Agency or other duly authorized body shall impose such conditions as are necessary to protect the public health, safety or welfare, and assure compliance with the General Plan, with all applicable Specific Plans, and with the intent and purposes of these regulations.

 

Sec. 16.50.030    Modification Filing Time

Modification requests shall either be filed with the tentative map or shall be filed during the period of time between approval of the tentative map and acceptance of the final map or parcel map by the County Surveyor or Public Works Director.

For the purposes of this Chapter, modifications filed prior to the approval of the tentative map shall be referred to as "concurrent modifications", and modifications filed after approval of the tentative map shall be referred to as "post modifications"> Action by the Advisory Agency or other duly authorized body on any post modification shall not extend the time for filing the final map or parcel map with the County Surveyor.

 

Sec. 16.50.040    Application Requirements

Applications for concurrent modifications shall be filed, in writing, by the subdivider in the County Planning Department upon a form and in the number of copies required for that purpose in conjunction with the tentative map application.

Applications for post modifications shall be filed, in writing, with the County Planning Department upon a form and in the number of copies required for that purpose.

Each application shall state fully the nature and extent of the modification required, the specific reasons therefore, and the facts relied upon. The application shall clearly show that the modification is necessary and is consistent with each of the findings required by Section 16.50.020    (Required Findings and Conditions).

 

Sec. 16.50.050    Fees

An application for a subdivision modification shall be accompanied by a filing fee as established in the County Fee Resolution.

 

Sec. 16.50.060     Referrals

The Planning Director shall transmit copies of the concurrent modification application for review and comment to members of the Subdivision Review Committee and to those public or private agencies or departments affected by the proposed subdivision as he deems appropriate.

The Advisory Agency or other duly authorized hearing body, may in its discretion transmit post modification applications to the Subdivision Review Committee for review and comment if it determines that said review is appropriate under the circumstances.

 

Sec. 16.50.070    Hearing Requirement

Prior to approving, conditionally approving, or disapproving the subdivision modification, the Advisory Agency or other duly authorized body shall hold a public hearing.  Notice of the hearing shall be published in a newspaper of general circulation at least ten (10)
working days prior to the hearing. In addition, all persons owning property within three hundred feet of the proposed lot line adjustment or merger shall be sent written notice of the hearing by mail or other means at least ten (10) days prior to the hearing.

 


 

Chapter 16.52
APPEALS

Section


16.52.010    Determinations Which May be Appealed
16.52.020    Submittal of Appeal     
16.52.030    Actions of Planning Commission and Board of Supervisors

 


Sec. 16.52.010    Determinations Which May be Appealed

Any decision made by the Subdivision Review Committee or County Surveyor pursuant to this Ordinance may be appealed to the Planning Commission. Any decision made by the Planning commission, pursuant to this Ordinance, may be appealed by any interested person to the Board of Supervisors.

 

Sec. 16.52.020    Submittal of Appeal

Any person dissatisfied with a determination by the County Surveyor or Subdivision Review Committee may appeal to the Planning Commission at any time within fifteen (15) working days after the decision of the County Surveyor or Subdivision Review Committee. Such appeal shall be filed with the required fees with the Planning Director on forms provided by the Planning Director.  After the appeal is filed, the matter shall be scheduled for Commission hearing.

Any person dissatisfied with a determination by the Planning commission may appeal the matter to the Board of Supervisors at any time within fifteen (15) working days after the decision of the Planning Commission.  Appeal shall be filed on a form provided by the County Clerk and accompanied by the required filing fees. After the appeal is filed, the matter shall be scheduled by the County Clerk for the Board of Supervisors consideration.

 

Sec. 16.52.030    Actions of Planning Commission and Board of Supervisors

Upon the receipt of an appeal, the appropriate hearing body shall schedule a hearing, such hearing to occur within thirty (30) days of the receipt of the appeal. Within ten (10) days after the conclusion of the hearing, the hearing body shall make its findings and render its decision. It may sustain, modify,
reject, or overrule any finding or decision of the Subdivision Review Committee, County Surveyor, or Planning Commission, and may make such findings and decisions as are not inconsistent with the provisions of state law and local ordinances, such findings and decisions to be final.  (Ord. 352-3 (4)
(part), 1979; Ord. 352-2 (18), 1977; Ord. 352 (18)(C), 1975)

 


 

Chapter 16.56
ADMINISTRATION AND ENFORCEMENT


Section
16.56.010    Subdivision Review Committee     
16.52.020    Time Limits     
16.52.030    Compliance with Title Provisions
16.52.040    Permit Issuance     
16.52.050    Certificate of Compliance
16.52.060    Notice of Violation

 


Sec. 16.56.010    Subdivision Review Committee

  1. There is created a Subdivision Review Committee consisting of members as specified in Section 16.10.01 of this Ordinance. The District Attorney or his representative, shall serve as an ex officio member.
  2. The Subdivision Review Committee shall carry out such duties and have such powers as are assigned to it in this Ordinance.
  3. The Subdivision Review Committee shall develop such procedures as are necessary to carry out its duties. (Ord. 352 (4), 1975)

Sec. 16.56.020    Time Limits

  1. Where a County officer, committee, commission, or board is given a specified time in which to approve, conditionally approve, or disapprove documents submitted by a subdivider, such time limit may be extended by the mutual consent of the subdivider, either express or implied, and the responsible officer, commission, committee, or board.
  2. Where a County officer, committee, commission, or board is given a specified time in which to approve, conditionally approve, or disapprove documents submitted by a subdivider, and if no such action is taken by the officer, committee, commission or board within the specified period of within an authorized extension thereof, the document shall be deemed to be approved, insofar as it complies with other applicable requirements of this Ordinance and other County and State laws, and it shall be the duty of the County officer, or clerk or secretary of the committee, commission, or board to certify such approval.
  3. In cases where the Board of Supervisors does not approve, conditionally approve or disapprove a final map within the time limit specified by this