This Division constitutes the San Bernardino County Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, Government Code §§ 66410 et seq. (hereafter referred to as the “Map Act”). This Division is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

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   This Division is adopted in compliance with the Map Act as a “local ordinance,” as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated into this Division shall, nevertheless, apply to all subdivision maps and proceedings under this Division.

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   (a)   Subdivision Approval Required. Each subdivision of land within the County shall be authorized through the approval of a map or other entitlement in compliance with this Division.

   (b)   Conflicts with Map Act. In the event of any conflicts between the provisions of this Division and the Map Act, the Map Act shall control.

   (C)   Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation in this Development Code, or as an approval to proceed with any development in violation of other applicable provisions of the County Code or other applicable ordinances or regulations of the County.

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   Definitions of the technical terms and phrases used in this Division are located in Division 10 (Definitions).

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   The Director and County Surveyor are authorized and directed to administer and enforce the provisions of this Division and applicable provisions of the Map Act for subdivisions within the County, except as otherwise provided by this Division.

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   (a)   Advisory Agency Established. The advisory agency for subdivision review as used in the Map Act shall be the Department.

   (b)   Authority and Duties. The advisory agency shall perform the following duties, and as further detailed in § 87.01.070 (Authority for Subdivision Decisions):

      (1)   Approve, conditionally approve, or disapprove Tentative Maps;

      (2)   Recommend to the Commission for review and action on those projects being referred to the Commission.

      (3)   Recommend to the Board the approval, conditional approval, or disapproval of requests for exceptions to the County’s design and improvement standards, in compliance with § 87.01.100 (Exceptions to Subdivision Standards);

      (4)   Recommend modifications of the requirements of this Division;

      (5)   Review and make recommendations concerning proposed subdivisions within incorporated cities in compliance with the Map Act when the advisory agency has elected to do so; and

      (6)   Perform additional duties and exercise additional authorities as specified by law and by this Division.

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   Table 87-1 (Subdivision Review Authority) identifies the County official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Division.

 

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   Any subdivision of an existing parcel into two or more parcels shall require approval by the County in compliance with this Division. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map (for a subdivision that results in four or fewer parcels) or a Final Map (for a subdivision that results in five or more parcels) to complete the subdivision process. The County’s review of a Tentative Map evaluates the compliance of the proposed subdivision with County standards, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise surveying documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

   (a)   Tentative Map Requirements. The filing and approval of a Tentative Map is required for:

      (1)   A subdivision or resubdivision of four or fewer parcels, as authorized by Map Act § 66428; and

      (2)   A subdivision or resubdivision or of five or more parcels, and all other types of subdivisions required to have Tentative Map approval by Map Act § 66426.

   (b)   Parcel and Final Map Requirements. A Parcel or Final Map (see Chapter 87.03) shall be required as follows:

      (1)   Parcel Map. The filing and approval of a Parcel Map (Chapter 87.06) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:

         (A)   Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map, in an individual case, in compliance with Map Act § 66428;

         (B)   Rail Right-of-Way Leases. Subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by the Public Utilities Code § 230, which are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing); or

         (C)   Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with § 87.03.030 (Waiver of Parcel Map).

      (2)   Final Map. The filing and approval of a Final Map (Chapter 87.03) shall be required for a subdivision of five or more parcels, except a subdivision that is otherwise required to have a Parcel Map by Map Act § 66426.

   (c)   Exemptions from Subdivision Approval Requirements. The types of subdivisions identified by Map Act §§ 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this Division.

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   A subdivision application deemed approved in compliance with Government Code §§ 65956 or 66452.1, 66452.2 or 66452.4, shall be subject to all applicable provisions of this Development Code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before a Building Permit is issued. A Parcel or Final Map filed for record after its Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Division and the Map Act, including Map Act §§ 66473, 66473.5, and 66474.

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   An exception to a provision of Chapter 87.06 (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify a provision of the Map Act, or a provision of this Division that is duplicated or paraphrased from the Map Act.

   (a)   Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

   (b)   Filing and Processing. A request for an exception shall be filed and processed as follows.

      (1)   An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time.

      (2)   The approval of an exception shall not constitute approval of the Tentative Map and the approval or disapproval of an exception shall not extend the time limits for the expiration of the map established by § 87.02.120 (Tentative Map Time Limits and Expiration).

      (3)   An exception request may be filed after the approval of a Tentative Map, but shall be considered by the Tentative Map review authority using the same procedures as the original Tentative Map.

   (c)   Approval of Exception Requests. The Board shall have the authority to approve or disapprove exception requests in compliance with this Section. The Board shall not grant relief from a specified requirement or standard unless all of the following findings are first made:

      (1)   Due to special circumstances or conditions affecting this property, the strict application of Chapter 87.06 would create an unnecessary hardship;

      (2)   The exception is consistent with the intent of the requirements of Chapter 87.06 and does not constitute a grant of special privilege;

      (3)   The exception would not result in significant increased adverse environmental impacts compared to the strict application of the requirements of Chapter 87.06; and

      (4)   The granting of the exception will not be detrimental to the public health, safety, convenience, and general welfare or injurious to other property in the territory in which the property is situated.

      (5)   The exception will not affect the consistency of the proposed subdivision with the General Plan, any applicable community plan, or any applicable specific plan.

   (d)   Conditions of Approval. In granting an exception, the Board shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, convenience, and general welfare, and to mitigate any environmental impacts in compliance with California Environmental Quality Act (CEQA).

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   A decision of the Director or Commission made in compliance with this Division may be appealed in compliance with Chapter 86.08 (Appeals) and Map Act § 66452.5.

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   (a)   Violations. A person who violates any provision of this Division shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Article 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in Chapter 86.09 of this Development Code (Enforcement).

   (b)   Prohibitions.

      (1)   Prohibition on Transfers. 

         (A)   No person shall sell, lease, or finance any parcel or portion of a parcel of real property, or commence construction of any building for sale, lease, or financing on a parcel, except for model homes, or allow occupancy, for which a Parcel or Final Map is required by this Division and the Map Act, until a map in full compliance with this Division has been filed for record by the County Recorder.

         (B)   Conveyance of any part of a division of real property for which a Final or Parcel Map is required by this Division shall not be made by parcel or block number, initial or other designation, until the map has been filed for record by the County Recorder.

      (2)   Prohibition on Issuance of Permits.

         (A)   No officer, board, commission, agency, department, or special district of the County shall issue any permit or grant any approval necessary to develop any real property that has been divided, or that has resulted from a division, in violation of the provisions of this Division if it finds or is informed by the Director that development of the real property is contrary to the public health and safety. Before making a finding that the development of the real property is contrary to the public health and safety, the Director shall conduct a review.

         (B)   At the review, the Director shall consider all information and evidence submitted. The decision of the Director may be appealed in compliance with Map Act § 66452.5 to the Commission by any aggrieved person, or by a County officer, board, department, or agency. The authority to disapprove the permit or requested approval shall apply whether the applicant was the owner of the real property at the time of the violation, or whether the applicant, if the current owner of the real property, was with or without actual or constructive knowledge of the violation at the time of the violation, at the time of the acquisition of their interest in the real property. If any County officer, board, commission, agency, department, or special district issues any permit or grants approval for the development of real property, it may request a report from the Director and impose any additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

         (C)   For parcels created before March 4, 1972, notice of the review shall be given by registered mail to the owner of the real property as shown on the latest equalized assessment roll book. The review shall be held not less than 14 days nor more than 30 days after receipt by the owner of the notice of review.

      (3)   Statement of Limitations. This Section does not apply to any parcel of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

   (c)   Remedies. If construction activity on property subject to a Parcel or Final Map is occurring contrary to the Map Act, a requirement of the Map, or any other Federal, State, or local law, rule, or ordinance, the Director may order the activity stopped by written notice served on any person responsible for the activity, in addition to the remedies outlined in Map Act Division 2, Chapter 7, Article 2. The responsible person shall immediately stop the activity until authorized by the Director to proceed. For the purposes of this Section, construction activities include, but are not limited to, grading, earth moving, and/or tree removal.

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   This Chapter establishes requirements for the preparation, filing, approval or disapproval of Tentative Maps, consistent with the requirements of the Map Act.

(Ord. 4011, passed - -2007)

   (a)   Submittal Requirements. When a Tentative Map is required by § 87.01.080 (Type of Subdivision Approval Required), Tentative Map submittal shall include the application forms, all information and other materials prepared as required by the Department and the County Surveyor, and a Tentative Map prepared in the format required by the Department and the County Surveyor.

   (b)   Filing of Phased Projects. If the subdivider wishes to file multiple Parcel or Final Maps for a development project that will be phased, then one of the following shall first be completed:

      (1)   The subdivider, at the time the Tentative Map is filed, shall inform the Department of the subdivider’s intention to file multiple Parcel or Final Maps on the Tentative Map; or

      (2)   After the filing of the Tentative Map, the Department and the subdivider concur in the filing of multiple Final Maps.

      (3)   A subdivider filing multiple Parcel or Final Maps shall show the boundary limits of each phase and designate the sequence of filing for recordation of each phase to the satisfaction of the Development Review Committee.

(Ord. 4011, passed - -2007)

   (a)   General Filing and Processing Requirements. A Tentative Map application shall be submitted to the Department for processing, and shall be:

      (1)   Reviewed for completeness and accuracy (refer to § 85.03.020 [Applications for Land Use Decisions]);

      (2)   Referred to affected agencies;

      (3)   Reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable; and

      (4)   Evaluated in compliance with § 87.02.040 (Evaluation of Application) below.

   (b)   Referral to Affected Agencies. The procedure provided by this Subdivision is in addition to the procedures in Chapter 85.01 (Permit Application Filing and Processing).

      (1)   Required Referrals. The Director shall refer a Tentative Map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, County agencies and departments, cities, special districts, and local agencies, public utilities, and State agencies.

      (2)   Anticipated Type of Response. The agencies that receive a Tentative Map application are expected to respond to the Department with an evaluation of the proposal, a list of items (e.g., hydrology study, title report, traffic study, etc.) that may need to be filed and considered during the evaluation phase, and a list of proposed conditions of Tentative Map approval.

      (3)   Time Limits for Referral and Response. As required by Map Act §§ 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete. An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application.

(Ord. 4011, passed - -2007)

   The following shall occur after completion of the initial processing and the application being deemed complete.

   (a)   Evaluation of Application. The Director:

      (1)   Shall review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable community plan, any applicable specific plan, and the Map Act, in compliance with Map Act § 66474.2;

      (2)   Shall determine the extent to which the proposed subdivision complies with the findings in § 87.02.060 (Tentative Map Approval or Disapproval);

      (3)   Shall determine that the project is “noncontroversial.” For the purpose of this Section, “noncontroversial” shall mean:

         (A)   That no member of the Development Review Committee objects to the project or any portion of the project;

         (B)   No specific written request has been received requesting public hearing review of the project from a person notified; and

         (C)   In the opinion of the Director, there has been no substantial objection to the proposed project from members of the public.

      (4)   May refer the project to the Commission for action if the Director determines the project to be controversial.

   (b)   Preparation of an Evaluation. The Director shall prepare an evaluation in compliance with Map Act § 66452.3 describing the conclusions of the map application review. Copies of the evaluation shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion [§ 87.04.030]) at least three days before any hearing or action on the Tentative Map by the review authority in compliance with § 87.02.050 or 87.02.060.

      (1)   County Department Evaluations and Recommendations. Wherever possible, the evaluations and recommendations of the County departments shall be presented to the Planning Agency by the Chair of the Development Review Committee or designee.

      (2)   Required Action in the Case of Waste Discharge Violations. The Development Review Committee shall advise the Planning Agency as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board in compliance with Water Code §§ 13000 et seq. In the event that the Planning Agency finds that the proposed waste discharge would result in or add to violation of the requirements of the Water Quality Control Board, it may disapprove the Tentative Map(s), or take other action as may be allowed by the policies of the Board of Supervisors.

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   (a)   Review Authority. The Director shall be the review authority for all Tentative Maps, except as follows, and shall use the following procedures for reviewing and making decisions on Tentative Maps.

      (1)   Tentative Tract Maps and Vesting Tentative Maps. The Director shall review each Tentative Map proposing five or more parcels, each Vesting Tentative Map, and any other Tentative Tract Map that requires the recordation of a Final Map in compliance with the Staff Review with Notice Procedures in § 85.02.030 (Staff Review with Notice). The applications for these maps shall also be reviewed by the Development Review Committee (DRC) for its recommendations. The Director may refer a Tentative Map to the Commission for action where the Director first determines that:

         (A)   There have been substantial public objections to the proposal;

         (B)   The proposal is filed concurrently with an application subject to public hearing review procedures; or

         (C)   Any member of the Development Review Committee objects to the proposal.

      (2)   Tentative Parcel Map. A Tentative Map proposing four or fewer parcels shall be reviewed in compliance with the procedures for Staff Review with Notice in § 85.02.030 (Staff Review with Notice).The applications for these maps shall also be reviewed by the DRC for its recommendations when the subdivision is of a type described in Map Act § 66426(a), (b), (c), or (d). The Director may refer a Tentative Parcel Map to the Commission when the Director determines that the proposal is controversial, or when the proposal is filed concurrently with an application that is otherwise required by this Development Code to have a public hearing.

      (3)   Tentative Map Referred to the Commission. When a Tentative Map is referred to the Commission for action, a public hearing shall be required in compliance with Chapter 86.07 (Public Hearings).

   (b)   Review of Tentative Map.

      (1)   Actions of Review Authority. After completion of the evaluation required by § 87.02.040 (Evaluation of Application), the review authority shall:

         (A)   Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable community plan, any applicable specific plan, and the Map Act. The evaluation shall be based on the information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and

         (B)   Approve, conditionally approve, or disapprove the Tentative Map in compliance with Map Act § 66452.1 and Public Resources Code § 21151.5 within 50 days after certification of the EIR, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Public Resources Code Division 13 (commencing with § 21000).

      (2)   Findings Required. Tentative Map approval shall require that the review authority first make all of the findings required by § 87.02.060 (Tentative Map Approval or Disapproval). The review authority may require conditions of approval in compliance with § 87.02.070 (Conditions of Approval).

      (3)   Appeal of Decision. A decision by the review authority to approve, conditionally approve, or disapprove a Tentative Map may be appealed to the Board, in compliance with Chapter 86.08 (Appeals) and Map Act § 66452.5.

(Ord. 4011, passed - -2007)

   In order to approve or recommend the approval of a Tentative Map and conditions of approval, or to disapprove a Tentative Map, the review authority shall first make the findings required by this Section. In determining whether to approve a Tentative Map, the County shall apply only the ordinances, policies, and standards in effect at the date the Department determined that the application was complete in compliance with § 87.02.030 (Tentative Map Filing, Initial Processing), except where the County has initiated General Plan, community plan, specific plan, area plan or Development Code changes, and provided public notice as required by Map Act § 66474.2.

   (a)   Required Findings for Approval.

      (1)   Mandatory Findings. The review authority shall approve a Tentative Map only after first making all of the following findings, as required by Map Act §§ 66474 and 66474.6. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act § 66424.6.

         (A)   The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable community plan, and any applicable specific plan;

         (B)   The site is physically suitable for the type and proposed density of development;

         (C)   The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

         (D)   The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems;

         (E)   The design of the subdivision or 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. This finding may also be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;

         (F)   The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

         (G)   The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities; and

         (H)   The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law.

      (2)   Additional Specific Findings. The following additional specific findings shall be made by the review authority before approval or conditional approval of a Tentative Map, as applicable to the application.

         (A)   If the proposed subdivision is a conversion of residential real property into a condominium, a community apartment project, or a stock cooperative, the review authority shall first make the additional finding that the proposed subdivision complies with the requirements of Map Act §§ 66427.1(a) and 66452 before approving the proposed subdivision. Those requirements include the following:

            (I)   Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received written notification of intention to convert at least 60 days before the filing of a Tentative Map in compliance with § 66452.

            (II)   Each of the tenants, and each person applying for the rental of a unit in the residential real property, has, or will have, received all applicable notices and rights required in compliance with §§ 66451 and 66452.

            (III)   Each of the tenants received ten-days’ written notification that an application for a public report will be, or has been, submitted to the State Department of Real Estate, and that the report will be available on request.

         (B)   If the proposed subdivision is within an Agricultural Preserve, it shall comply with Map Act § 66474.4 and the findings in that Section, whether or not the land is currently under contract.

      (3)   Findings Under an EIR. Notwithstanding the finding required by Subdivision (a)(1)(C), above, the review authority may approve a Tentative Map, or a Parcel Map for which a Tentative Map was not required, if an Environmental Impact Report (EIR) was prepared for the project and a finding is made in compliance with the Public Resources Code § 21081, that specific economic, social, or other considerations make the mitigation measures or project alternatives identified in the EIR infeasible.

   (b)   Supplemental Findings. In addition to the findings identified in Subdivision (a) above, the review authority shall not approve a Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

      (1)   Construction of Improvements. In the case of a Tentative Map for a subdivision that will require a subsequent Parcel Map, the construction of improvements for the subdivision within a specified time after the recordation of the Parcel Map is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area.

      (2)   Waiver of Parcel Map. The findings required by § 87.03.030 (Waiver of Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map application.

   (c)   Situations Requiring Disapproval Unless Prerequisites Satisfied. A Tentative Map shall not be approved in the following cases.

      (1)   Residential Conversion Without Required Advance Tenant Notice. In the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative, the review authority shall not approve the Tentative Map unless evidence is provided by the subdivider, as required by Map Act §§ 66452.8 and 66452.9, that proper notification has been given to each of the tenants of the proposed conversion notifying of the subdivider’s intent to convert.

      (2)   Residential Conversion Without Required Favorable Votes. In the case of a conversion of a stock cooperative or a community apartment project to a condominium, the review authority shall not approve a Tentative Map unless evidence is provided by the subdivider, as required by Map Act § 66452.10, that the required number of owners in the cooperative or project, as specified in the bylaws or other organizational documents, have voted in favor of the conversion.

      (3)   Agricultural Preserve Parcels Too Small for Agriculture. In the case of land that is subject to a contract in compliance with the California Land Conservation Act of 1965 (Government Code § 51296) or if the land is located within an agricultural preserve without being subject to a contract, the review authority shall not approve a Tentative Map, or a Parcel Map for which a Tentative Map was not required, if it finds that a parcel(s) proposed within the subdivision would be too small to sustain its agricultural use.

         (A)   For the purposes of this Section, land shall be presumed to be in parcels too small to sustain their agricultural use if the land is:

            (I)   Less than ten acres in the case of prime agricultural land, except as allowed in Subdivision (3)(c) below; or

            (II)   Less than 40 acres in size in the case of land that is not prime agriculture land unless otherwise provided by this Development Code.

         (B)   The review authority may approve a subdivision with parcels smaller than those listed above if the findings in Map Act §§ 66474.4(c)(1) or 66474.4(c)(2), along with the other applicable findings in this Section are first made, or the land within the subdivision is subject to a contract when one of the following has occurred in compliance with Map Act § 66474.4(e):

            (I)   The Local Agency Formation Commission has approved the annexation of the land to a city and the city will not succeed to the contract as provided in Government Code §§ 51243 and 51243.5.

            (II)   Written notice of nonrenewal of the contract has been served on or after March 7, 1985, as provided in Government Code § 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract.

            (III)   The Board has granted tentative approval for cancellation of the contract in compliance with Government Code § 51282.

         (C)   In compliance with Government Code § 66474.4(c), the Board has made the finding that parcels smaller than ten acres in size within Agricultural Preserves and designated RL (Rural Living) in the Crafton area east of Redlands can sustain agricultural uses allowed under Land Conservation Contracts; provided, the Planning Agency makes all of the following additional findings before the approval of any proposed subdivision:

            (I)   The subdivision is compatible with and would not adversely effect the existing agricultural uses or support services within the preserve;

            (II)   The subdivision will not serve to encourage land uses which will conflict with commercial agricultural uses; and

            (III)   The proposed subdivision has no parcels less than five acres in area unless the parcels are within a planned development or are for “well lot” purposes only. The average parcel size of all parcels within a planned development subdivision is not less than five acres.

(Ord. 4011, passed - -2007)

   Along with the approval of a Tentative Map, the review authority may adopt any conditions of approval deemed necessary to carry out the purposes of this Development Code, including conditions regarding the matters described in Subdivision (a), below; provided, that all conditions shall be consistent with the requirements of the Map Act.

   (a)   Dedications and Improvements.

      (1)   As a condition of approval of a map of five or more parcels, the Director may require dedications and improvements as necessary to ensure that the parcels to be created:

         (A)   Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;

         (B)   Are of adequate design in all respects in compliance with this Development Code;

         (C)   Act to mitigate any potential environmental impacts identified in the Environmental Impact Report (EIR) or by other means; and

         (D)   Provide for proper grading and erosion control, including the prevention of sedimentation or damage to off-site property.

      (2)   All improvements shall comply with adopted County standards.

   (b)   Access.

      (1)   Except as provided below, parcels created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the County Master Plan of Highways or County Highway Right-of-Way Standards, or shall be ensured of access to the County road system by an approved access which connects a parcel(s) to a maintained public street or State highway.

      (2)   The review authority may waive the requirements for approved access to subdivisions having parcel sizes of 40 gross acres or more when all of the following findings are first made:

         (A)   The applicant is or will be subject to severe hardship unless the waiver is approved;

         (B)   There is an existing traveled roadway which has been in existence for at least five years which roadway is at least 20 feet in width at all points; and

         (C)   The roadway has the capability for normal motor vehicle use to each parcel in the proposed subdivision.

      (3)   Private road easements may be approved for access to each parcel if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.

      (4)   Road easements of record established before the effective date of this Division shall be recognized as legal access to each parcel of the proposed subdivision.

      (5)   Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each parcel of the proposed subdivision.

   (c)   Applicable Ordinances, Policies, and Standards. In determining whether to approve or disapprove an application for a Final Map, the County shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Map Act § 66474.2.

   (d)   Conditions Modifying Subdivision Design – Time for Compliance. When modifications in design require a change in the conditions of approval of a Tentative Map, the subdivider shall, at least 30 days before the submission of a Final Map, submit the appropriate number of copies of the Tentative Map as modified to the Department for distribution to, and review for confirmation by, the Development Review Committee representatives.

(Ord. 4011, passed - -2007)

   The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, in compliance with § 86.06.020 (Effective Date of Permits).

(Ord. 4011, passed - -2007)

   A subdivider may request changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to § 87.03.120 (Amendments to Recorded Parcel or Final Maps).

   (a)   Limitation on Allowed Changes. Changes or amendments to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by Subdivision (d) (Findings for Approval), below. All proposed changes not covered by this Section shall require the filing and processing of a new Tentative Map.

   (b)   Application for Changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information:

      (1)   A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

      (2)   Any additional information deemed appropriate by the Department.

   (c)   Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed using the same procedures as the original Tentative Map, except as otherwise provided by this Section.

   (d)   Findings for Approval. The review authority shall not modify the approved Tentative Map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by §§ 87.02.070(a) and (b), above, can still be made:

      (1)   There was a material mistake of fact in the deliberations leading to the original approval;

      (2)   There has been a change of circumstances related to the original approval; or

      (3)   A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Development Code.

   (e)   Effect of Changes on Time Limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by § 87.02.120 (Tentative Map Time Limits and Expiration).

(Ord. 4011, passed - -2007)

   (a)   Effect of Approval on Prior Approvals. The approval or conditional approval by the review authority of any revised or new Tentative Map shall annul all previous subdivision designs and approvals thereof.

   (b)   Compliance with Conditions, Improvement Plans. After approval of a Tentative Map in compliance with this Chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Chapter 87.06 (Subdivision Design and Improvement Requirements), before constructing any required improvements.

   (c)   Parcel or Final Map Preparation, Filing, and Recordation.

      (1)   A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 87.03 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with § 87.03.030 (Waiver of Parcel Map).

      (2)   A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 87.03 (Parcel Maps and Final Maps), to complete the subdivision.

      (3)   Project phasing and the filing of multiple Parcel or Final Maps shall be in compliance with § 87.02.020 (Tentative Map Preparation, Application Contents).

      (4)   Upon the filing and recordation of any map, including amended maps and certificates of corrections or any record of survey pursuant to the Business and Professions Code, the County Recorder shall transmit an electronic copy of the map to the County Surveyor. The County Surveyor shall maintain a geographic index for all recorded documents transmitted pursuant to this Section.

(Ord. 4011, passed - -2007)

   The preparation, filing, processing, and approval or disapproval of a Vesting Tentative Map shall comply with Map Act §§ 66452 and 66498.1 et seq. and the provisions of this Section.

   (a)   Filing Criteria for Vesting Tentative Maps.

      (1)   Whenever a provision of the Map Act, as implemented and supplemented by this Division, requires the filing of a Tentative or Parcel Map for a residential development, a Vesting Tentative Map may be filed instead in compliance with this Section.

      (2)   If a subdivider does not seek the rights conferred by the Vesting Tentative Map statute, the filing of a Vesting Tentative Map shall not be a prerequisite to any approval for any proposed permit for construction, or work preparatory to construction.

   (b)   Content of Application. The content and form of Vesting Tentative Maps shall be governed by the provisions of this Subdivision.

      (1)   At the time a Vesting Tentative Map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

      (2)   A Vesting Tentative Map shall be filed in the same form and have the same contents, accompanying data, and reports as identified in § 87.02.020 (Tentative Map Preparation, Application Contents), except as specified in this Section.

   (c)   Procedures. The following provisions shall govern the filing, processing, and review of Vesting Tentative Maps.

      (1)   A Vesting Tentative Map shall be processed and reviewed using the same procedures as identified in this Division for a Tentative Map in compliance with §§ 87.02.030 (Tentative Map Filing, Initial Processing) and 87.02.050 (Review and Decision), except as specified in this Section.

         (A)   Before filing a Vesting Tentative Map, the subdivider shall have a pre-application conference with the Development Review Committee (DRC) to determine if any additional information should be filed with the Vesting Tentative Map application. The applicant shall submit to the DRC before the pre-application conference all information that is required of a Tentative Map application. This information will be reviewed by the DRC and additional information may be required by the Committee to be submitted with the Vesting Tentative Map application. Preliminary environmental review of the proposed project shall be completed before the pre-application conference.

         (B)   The minutes of the pre-application conference shall dictate the filing requirements for the Vesting Tentative Map, and shall accompany the filing of the map. The information required by the DRC for formal submittal of the proposed project may include the following:

            (I)   Drainage plan for control of on- and off-site storm runoff, channels, water courses, existing culverts, and drainpipes including existing and proposed facilities for the control of storm waters, data as to the amount of runoff and the approximate grade, and dimensions of proposed facilities for the control of storm waters.

            (II)   Building envelopes.

            (III)   Proposed land use and types of all structures.

            (IV)   Detailed circulation information (existing and proposed). This information may include area wide traffic data sufficient for the County to determine future circulation needs.

            (V)   Detailed grading plans.

            (VI)   Geological studies.

            (VII)   Any information required by the DRC shall be clearly detailed and listed with an anticipated review period so that it can be acted upon within a reasonable time. The agency or department which requires any additional information shall approve the acceptability of this information from the applicant before the filing of the Vesting Tentative Map.

            (VIII)   The DRC may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the Vesting Tentative Map.

         (C)   An approving action on a Vesting Tentative Map shall not occur before the effective date of approval of the associated discretionary permit(s) or action(s).

         (D)   Upon filing a Vesting Tentative Map, the subdivider shall pay the fees required in compliance with the County Fee Ordinance for the filing and processing of a Vesting Tentative Map.

         (E)   The approval or conditional approval of a Vesting Tentative Map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this Division for the expiration of the approval or conditional approval of a Tentative Map in compliance with § 87.02.120 (Tentative Map Time Limits and Expiration).

         (F)   At any time before the expiration of a Vesting Tentative Map, the subdivider may apply for an amendment to the Vesting Tentative Map in compliance with § 87.02.090 (Changes to Approved Tentative Map or Conditions). No application for amendment shall be required when the review authority first finds that the amendment is a minor modification that is in substantial compliance with the original approval and no new conditions of approval are required.

         (G)   For a subdivision whose intended development is inconsistent with the land use zoning district or any applicable community or specific plan in existence at that time, that inconsistency shall be noted on the map. The review authority may disapprove a Vesting Tentative Map or approve it conditioned on the subdivider first obtaining the necessary change in the land use zoning district or applicable community or specific plan to eliminate the inconsistency. If the change in the pertinent ordinance is obtained, the approved or conditionally approved Vesting Tentative Map shall confer the right to proceed with the development as approved or conditionally approved.

         (H)   Fees for development permits (e.g., Building and Grading Permits) filed in compliance with an approved Vesting Tentative Map or a recorded Vesting Final/Parcel Map shall be the fees in effect at the time of issuance of the permit.

   (d)   Development Rights of Vesting Tentative Maps.

      (1)   When the review authority approves or conditionally approves a Vesting Tentative Map, that approval shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect on the date the application for the subdivision has been determined to be complete in compliance with Map Act § 66474.2. If § 66474.2 is repealed, that approval 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 Subdivision (1), above, the review authority may condition or disapprove a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:

         (A)   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.

         (B)   The condition or disapproval is required in order to comply with State or Federal law.

      (3)   The review authority may alter any condition of a Vesting Tentative Map through an amendment in compliance with § 87.02.090 (Changes to Approved Tentative Map or Conditions) in order to protect against conditions dangerous to public health and safety or to comply with State or Federal law.

      (4)   The rights conferred by this Section shall expire if a Final or Parcel Map is not recorded before the expiration of the Vesting Tentative Map in compliance with § 87.02.120 (Tentative Map Time Limits and Expiration). If the Final or Parcel Map is recorded, these rights shall last for the following periods of time:

         (A)   An initial time period of 12 months. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial time period shall begin for each phase when the Final Map for that phase is recorded.

         (B)   The initial time period identified in Subdivision (A), above shall be automatically extended by any time used for processing a complete application for a Grading Permit or for design or architectural review, if processing exceeds 30 days from the date a complete application is filed.

         (C)   A subdivider may apply for one 12-month extension at any time before the initial time period identified in Subdivision (A), above, expires. If the extension is disapproved, the subdivider may appeal that disapproval to the Board in compliance with Chapter 86.08 (Appeals) and Map Act § 66452.5 within 15 days.

         (D)   If the subdivider submits a complete application for a Building Permit during the periods of time specified in this Subdivision, the rights referred to in this Subdivision shall continue until the expiration of that permit, or any extension of that permit.

(Ord. 4011, passed - -2007)

   (a)   Valid for 36 Months. An approved Tentative Map is valid for 36 months after its effective date, except as otherwise provided by Map Act § 66452.6. At the end of 36 months, the approval shall expire and become void unless:

      (1)   A Parcel or Final Map, and related security and improvement agreements, have been timely filed with the County Surveyor in compliance with Chapter 87.03 (Parcel Maps and Final Maps); or

      (2)   An extension of time has been granted in compliance with § 87.02.130, below.

   (b)   Expiration of an Approved Map. Expiration of an approved Tentative Map or Vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new Tentative Map application is filed.

(Ord. 4011, passed - -2007)

   When a subdivider has not completed all Tentative Map or Vesting Tentative Map conditions of approval and timely filed a Parcel or Final Map with the County within the time limits established by § 87.02.120, time extensions may be granted in compliance with this Section, § 86.06.060 (Time Limits and Extensions), and Map Act §§ 66452.6 and 66463.5.

   (a)   Filing of Extension Request. An extension request shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.

   (b)   Findings for Approval of Extension. Extensions to the initial time limit may be granted only after first finding all of the following:

      (1)   There have been no changes to the provisions of the General Plan, any applicable community plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the Tentative Map;

      (2)   There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable community plan, any applicable specific plan, or other standards of this Development Code apply to the project; and

      (3)   There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads, or schools so that there is no longer sufficient remaining capacity to serve the project.

(Ord. 4011, passed - -2007)

   This Chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or disapproval, and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act.

(Ord. 4011, passed - -2007)

   As required by §§ 87.01.080 (Type of Subdivision Approval Required), and 87.02.100 (Effect of Tentative Map Approval, Completion of Subdivision Process), a Parcel Map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a Parcel Map is waived as identified in § 87.03.030. A Parcel Map shall be prepared, filed, and processed as identified in §§ 87.03.040 et seq.

(Ord. 4011, passed - -2007)

   A subdivider may request the waiver of the requirement for a Parcel Map, and the waiver may be granted, in compliance with the Map Act § 66428, provided that the review authority shall first find that the proposed subdivision complies with all applicable requirements of this Development Code and the Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other applicable requirements of this Development Code and the Map Act. A Composite Development Plan, prepared in compliance with § 87.03.110 (Composite Development Plans), may still be required by the Director.

(Ord. 4011, passed - -2007)

   A Parcel Map shall be prepared by or under the direction of a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California. Parcel Map submittal shall include all information and other materials prepared as required by the County Surveyor policies, adopted standards, and the Map Act. The Parcel Map shall be based upon a field survey.

(Ord. 4011, passed - -2007)

   (a)   Filing with the County Surveyor. The Parcel Map, together with all data, information, and materials required by § 87.03.040 shall be submitted to the County Surveyor in compliance with the time limitations specified in § 87.02.120 (Tentative Map Time Limits and Expiration). The Parcel Map shall be considered submitted when it is complete and complies with all applicable provisions of the Map Act and this Development Code.

   (b)   Filing and Review of Advance Copy of Parcel Map.

      (1)   Filing with County Surveyor. Where the filing of a Parcel Map is required in compliance with this Division after the approval or conditional approval of the Tentative Parcel Map application, the subdivider may cause the real property included within the map to be surveyed and a Parcel Map prepared in compliance with the approved Tentative Parcel Map application. An advance copy of the Parcel Map shall be filed with the County Surveyor.

      (2)   Contents of Advance Copy. The advance copy of the Parcel Map shall be accompanied by all documents required by the County Surveyor. The mapping standards issued by the County Surveyor list the submittal requirements for a Parcel Map.

      (3)   Review of Advance Copy for Condition Compliance. The County Surveyor shall be the primary coordinator in seeing that the conditions of approval of the Tentative Map have been fulfilled. The County Surveyor shall transmit maps to and request written reports from the County departments and public utilities, including any cable television systems, which have submitted recommendations on the Tentative Map. Within 20 days after receipt of an advance copy of the Parcel Map, the County department or utility shall issue a preliminary written report regarding the compliance or noncompliance of the advance copy of the Parcel Map to the matters under its jurisdiction.

   (c)   Filing of Official Copy of Parcel Map. If the advance copy of the Parcel Map has been found satisfactory by the County Surveyor, the subdivider shall cause the Parcel Map to be officially filed with the County Surveyor at least 20 days before the expiration of the approved or conditionally approved Tentative Map or any approved extension of time granted in compliance with § 87.02.130 (Extensions of Time for Tentative Maps). The Parcel Map shall not be officially filed until the engineer or surveyor has received notification from the County Surveyor that all provisions of the Tentative Map approval, the Map Act, this Development Code, the County Code, and applicable County standards have been complied with. The filing of the official copy of the Parcel Map with the County Surveyor shall constitute the timely filing of the Parcel Map.

   (d)   Review of Parcel Map.

      (1)   After the issuance of a receipt for the Parcel Map, the County Surveyor shall examine it as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this Division, and County Surveyor standards.

      (2)   If the Parcel Map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the Parcel Map, together with all required data, if the Tentative Map has not expired.

(Ord. 4011, passed - -2007)

   After determining that the Parcel Map is technically correct and in full compliance with this Section, the County Surveyor may approve the Parcel Map in compliance with Map Act § 66463(b) or, if deemed appropriate, forward it to the Board for approval or disapproval. After approval, the Parcel Map shall be transmitted by the County Surveyor to the office of the County Recorder for recordation in compliance with Map Act § 66450.

(Ord. 4011, passed - -2007)

   As required by § 87.01.080 (Type of Subdivision Approval Required), a Final Map shall be filed and approved to complete the subdivision process for a subdivision of five or more parcels. A Final Map shall be prepared, filed, and processed in compliance with §§ 87.03.080 et seq.

(Ord. 4011, passed - -2007)

   A Final Map shall be prepared by or under the direction of a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California. Final Map submittal shall include all information and other materials prepared as required by the County Surveyor policies, adopted standards, and the Map Act.

(Ord. 4011, passed - -2007)

   (a)   Filing with County Surveyor. The Final Map, together with all data, information, and materials required by § 87.03.080 shall be submitted to the County Surveyor in compliance with the time limitations specified in § 87.02.120 (Tentative Map Time Limits and Expiration) and Subdivision (e) (Time Limit for Filing Final Map), below. The Final Map shall be considered submitted when it is complete and fully complies with all applicable provisions of the Map Act and this Development Code.

   (b)   Filing and Review of Advance Copy of Final Map.

      (1)   Filing with County Surveyor. After receipt of the action of the review authority approving or conditionally approving the Tentative Map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a Final Map prepared in compliance with the approved or conditionally approved Tentative Map application. An advance copy of the Final Map shall be filed with the County Surveyor.

      (2)   Contents of Advance Copy. The advance copy of the Final Map shall be accompanied by all documents required by the County Surveyor. The mapping standards issued by the County Surveyor list the submittal requirements for a Final Map.

      (3)   Review of Advance Copy for Condition Compliance. The County Surveyor shall be the primary coordinator in seeing that the conditions of approval of the Tentative Map have been fulfilled. The County Surveyor shall transmit maps to and request written reports from the County departments and public utilities, including any cable television systems, which have submitted recommendations on the Tentative Map. Within 20 days after receipt of an advance copy of the Final Map, the County department or utility shall issue a preliminary written report regarding the compliance or noncompliance of the advance copy of the Final Map to the matters under its jurisdiction.

   (c)   Filing of Official Copy of Final Map. If the advance copy of the Final Map has been found satisfactory by the County Surveyor, the subdivider shall cause the Final Map to be officially filed with the County Surveyor at least 20 days before the expiration of the approved or conditionally approved Tentative Map or any approved extension of time granted in compliance with § 87.02.130 (Extensions of Time for Tentative Maps). The Final Map shall not be officially filed until the engineer or surveyor has received notification from the County Surveyor that all provisions of the Tentative Map approval, the Map Act, this Development Code, the County Code, and applicable County standards have been complied with. The filing of the official copy of the Final Map with the County Surveyor shall constitute the timely filing of the Final Map.

   (d)   Review of Final Map.

      (1)   After the issuance of a receipt for the Final Map, the County Surveyor shall examine it as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and computations, and other matters which may require checking to ensure compliance with the provisions of the Map Act, this Division, and County Surveyor standards.

      (2)   If the Final Map is found to be in substantial compliance with the Tentative Map and is in correct form, the matters shown on the map are sufficient, and the County Surveyor is satisfied that all of the conditions of approval have been met, the County Surveyor shall endorse approval of the Final Map. The County Surveyor shall combine with the Final Map the agreements, easements, and securities as required by this Division. The material shall be transmitted to the Board for its consideration of the Final Map.

   (e)   Time Limit for Filing Final Map. If the subdivider fails to file the Final Map with the County Surveyor and the required accompanying data with the appropriate County departments within 36 months after the date of first approval by the review authority or within any authorized extension of time, the Tentative Map approval or conditional approval shall become void. In this case, a new filing fee shall be paid, and an application for a new Tentative Map approval shall be filed.

      (1)   If 120 days before the submittal of a Final Map, the subdivider has failed to comply with the Tentative Map conditions which require the subdivider to construct or install off-site improvements on land in which neither the subdivider nor the County has sufficient title or interest, including an easement or license, then at the time the Final Map is filed with the local agency, to permit the improvements to be made, the subdivider shall enter into an agreement with the County through its Department of Public Works to pay all costs of the County in acquiring the property.

      (2)   The County shall have 120 days from the filing of the Final Map, in compliance with Map Act § 66457, to obtain interest in the land to allow the improvement(s) to be made by negotiation or proceedings in compliance with the Code of Civil Procedure §§ 1230.010 et seq., including proceedings for immediate possession of the property under the Code of Civil Procedure §§ 1255.410 et seq.

      (3)   In the event the County fails to meet the 120-day time limitation, the condition for construction of off-site improvements shall be conclusively deemed to be waived.

      (4)   Before approval of the Final Map, the County may require the subdivider to enter into an agreement to complete the improvements, in compliance with Subdivision (f) (Improvement Agreements and Security Requirements), below, at the time as the County acquires an interest in the land which will allow the improvements to be made.

      (5)   “Off-site improvements,” as used in this Subdivision, do not include improvements which are necessary to ensure replacement or construction of housing for persons and families of low or moderate income, as defined in Health and Safety Code § 50093.

   (g)   Multiple Final Maps.

      (1)   Multiple Final Maps may only be filed if the subdivider included a statement of intention with the Tentative Map that the subdivider would submit multiple phased Final Maps.

      (2)   Project phasing and the filing of multiple Final Maps shall be in compliance with § 87.02.020 (Tentative Map Preparation, Application Contents).

(Ord. 4011, passed - -2007)

   After determining that the Final Map is in compliance with § 87.03.080, and is technically correct, the County Surveyor shall execute the County Surveyor’s certificate on the map in compliance with Map Act § 66442, and forward the Final Map to the County Clerk for Board action, as follows.

   (a)   Review and Approval by Board. The Board shall approve or disapprove the Final Map at the meeting at which it receives the map from the County Surveyor or at its regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the County Surveyor and the subdivider.

      (1)   Criteria for Approval. The Board shall approve the Final Map if it conforms to all of the requirements of the Map Act, all provisions of this Development Code that were applicable at the time that the Tentative Map was approved, and is in substantial compliance with the approved Tentative Map.

      (2)   Approval by Inaction. If the Board does not approve or disapprove the Final Map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements, it shall be deemed approved, and the County Clerk shall certify its approval on the map.

   (b)   Map with Dedications. If a dedication or offer of dedication is required on the Final Map, the Board shall accept, accept subject to improvement, or reject any or all offers of dedication, at the same time as it takes action to approve the Final Map. If the Board rejects the offer of dedication, the offer shall remain open and may be accepted by the Board at a later date in compliance with Map Act § 66477.2. Any termination of an offer of dedication shall be processed in compliance with Map Act § 66477.2 using the same procedures as specified by the Streets and Highway Code Part 3 of Division 9.

   (d)   Recording of Final Map.

      (1)   After action by the Board and after the required signatures and seals have been affixed, the Clerk of the Board shall transmit the Final Map back to the County Surveyor.

      (2)   The County Surveyor shall establish an appointment with the County Recorder for filing.

      (3)   The County Recorder shall oversee the recording of the Final Map.

(Ord. 4011, passed - -2007)

   In addition to the information required to be included in a Parcel or Final Map (§§ 87.03.040 and 87.03.080, respectively), a Composite Development Plan may be required to be submitted and recorded as follows, as provided by Map Act § 66434.2 to provide additional and more detailed information.

   (a)   Applicability. The Director may require the filing of a Composite Development Plan at the time a Parcel or Final Map is accepted for recordation. The Composite Development Plan shall be filed with the Building and Safety Division concurrent with the recordation of the Final or Parcel Map.

   (b)   Content. A Composite Development Plan shall be prepared and shall include the information required by the Department handout on Composite Development Plans, as required by the Composite Development Plan Standards established by the County Surveyor and adopted by the Board, and as required by the conditions of approval.

   (c)   Filing and Review. A Composite Development Plan shall be filed as follows.

      (1)   Filing Advance Copy. At least three weeks before the recordation of the Parcel or Final Map, the Composite Development Plan shall be submitted for coordination of review to the County Surveyor.

      (2)   Filing Official Copy of Composite Development Plan. Concurrent with the filing for recordation of the Parcel or Final Map the Composite Development Plan, as approved by the Director and County Surveyor in compliance with this Section, shall be filed with the Building and Safety Division.

   (d)   Amendments to Plan.

      (1)   Should an error be made on the Parcel or Final Map which affects the Composite Development Plan approved in compliance with this Section, the Parcel or Final Map and the Composite Development Plan may be amended as approved by the County Surveyor and the Director. A Revision to an Approved Action application is required for all other changes to a Composite Development Plan in compliance with Chapter 85.12.

      (2)   The Director is authorized to approve amended Composite Development Plans when they do not adversely impact the conditions of other departments and the amendment is in substantial compliance with the conditions of approval of the Tentative or Parcel Map.

      (3)   Any request to modify or deviate from the standards that are shown on a Composite Development Plan shall be made in compliance with the provisions for Variances, except as otherwise provided by this Section.

(Ord. 4011, passed - -2007)

   A recorded Parcel or Final Map may be amended to correct errors in the recorded map or to change characteristics of the approved subdivision in compliance with Map Act Chapter 3, Article 7.

   (a)   Type of Corrections Allowed in Compliance with Map Act § 66469. In the event that errors in a Parcel or Final Map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with Map Act Chapter 3, Article 7. For the purposes of this Section, “errors” include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the Parcel or Final Map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the County Surveyor that does not affect any property right, including but not limited to parcel numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

      (1)   Application and Review Process. An application to amend a recorded Parcel or Final Map in compliance with Map Act § 66469 shall be filed with the County Surveyor. The County Surveyor shall determine if the changes requested may be approved with a certificate of correction or an amending map. The County Surveyor may request additional information based upon that determination and shall approve the certificate of correction or the amending map if the required findings can be made.

      (2)   Findings. A Parcel of Final Map may be amended, if the County Surveyor first finds all of the following to be true:

         (A)   The changes requested only involve minor map annotation corrections;

         (B)   The amendment(s) does not impose any additional burden on the fee owners of the real property;

         (C)   The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and

         (D)   The map, as amended, is still in compliance with Map Act § 66474.

   (b)   Type of Corrections Allowed in Compliance with Map Act § 66472.1. In the event that there are changes in circumstances which make any or all of the conditions of a recorded Parcel or Final Map no longer appropriate or necessary, the following procedures shall be followed to amend the map.

      (1)   Application and Review Process. An application to amend a recorded Parcel or Final Map in compliance with Map Act § 66472.1 shall be filed with the Director. The Director shall refer the application to the County Surveyor for comment. Once approved by both the Director and the County Surveyor, the application shall be sent to the Board for approval of either a certificate of correction or an amending map. The Board shall approve the application if the required findings can be made.

      (2)   Findings. A Parcel of Final Map may be amended, if the Board first finds all of the following to be true:

         (A)   There are changes in circumstances that make any or all of the conditions of the map no longer appropriate or necessary;

         (B)   The amendment(s) does not impose any additional burden on the fee owners of the real property;

         (C)   The amendment(s) does not alter any right, title, or interest in the real property reflected on the map; and

         (D)   The map, as amended, is still in compliance with Map Act § 66474.

   (c)   Recordation. After approval, the certificate of correction or amending map shall be submitted to the County Recorder for recordation.

(Ord. 4011, passed - -2007)

   This Chapter establishes requirements consistent with the Map Act for Certificates of Compliance, Condominiums and Condominium Conversions, Lot Line Adjustments, Official Maps, Parcel Mergers, and Reversion to Acreage.

(Ord. 4011, passed - -2007)

   (a)   General Provisions.

      (1)   The County shall process and approve or disapprove applications for Certificates of Compliance as provided by Map Act §§ 66499.34 and 66499.35, and as outlined by this Section.

      (2)   Filing Criteria.

         (A)   A recorded Certificate of Compliance may be requested by any person owning real property to have the Director determine whether the property complies with the provisions of this Development Code.

         (B)   A Certificate of Compliance may be required by the Department with the recordation of a Notice of Merger.

         (C)   A recorded Certificate of Compliance shall be required of all Lot Line Adjustments.

         (D)   When contiguous deeds or surveys have ambiguities in which the property boundary can not be ascertained as determined by the County Surveyor and an agreement is reached to establish the line by all parties, a Boundary Line Agreement and a Certificate of Compliance shall be recorded.

         (E)   When determined by the County Surveyor, a Certificate of Compliance may be required for the remainder parcels on Parcel or Final Maps.

   (b)   Application. An application for the approval of a Certificate of Compliance or Conditional Certificate of Compliance shall be filed with the Director and include the information required by the Director, together with the processing fee specified by the County Fee Ordinance.

   (c)   Review by Director. The Director shall review the completed application using the Staff Review without Notice procedures in the light of public records and applicable law. If the Director is able to determine from this review that the parcel is clearly in compliance with the provisions of this Division and the Map Act, a Certificate of Compliance shall be issued for the parcel and delivered to the County Recorder for recordation. If the Director is unable to determine from this review that the parcel is clearly in compliance, the procedures identified in Map Act § 66499.35 shall apply.

(Ord. 4011, passed - -2007)

   Condominiums and condominium conversions shall comply with the following requirements in addition to the standards identified in Chapter 84.16 (Multi-Family Residential Design Standards).

   (a)   Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner in compliance with Chapter 87.02 (Tentative Map Filing and Processing). Chapter 87.03 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.

   (b)   Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Civil Code § 1351.

      (1)   Approvals Required. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act § 66428(b) or § 66428.1 for the conversion of a mobile home park (See § 87.04.080 [Resident Initiated Mobile Home Park Conversion], below). If a Parcel or Final Map is waived, a Tentative Map shall still be required. A Record of Survey shall be filed for a field survey required in Map Act § 66428.1 in compliance with Business and Professions Code § 8765(c).

      (2)   Application Filing and Processing. A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports, and shall be processed, approved or disapproved in the same manner as identified in Chapter 87.02 (Tentative Map Filing and Processing), except as otherwise provided by the following provisions of this Section.

      (3)   Application Contents. Condominium conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which shall also include the following information and materials.

         (A)   Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units by the County Surveyor.

         (B)   Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act § 66452.10.

         (C)   Relocation Assistance Program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing.

         (D)   Vacancy Rate Assessment. An assessment of the vacancy rate in multi-family housing within the County.

      (4)   Evaluation. The evaluation on the Tentative Map for the condominium conversion (§ 87.04.030) shall be provided to the subdivider and each tenant of the subject property at least three days before any action by the Director or any hearing on the Tentative Map by the Commission or Board.

      (5)   Public Notice. The following notice shall be provided in addition to that required by Chapter 86.07 (Public Hearings) if the project is to be heard by the Commission or Board:

         (A)   Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as identified in Map Act §§ 66452.8 and 66452.9, and shall provide the Department satisfactory proof that the notice was given; and

         (B)   Public Hearing Notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act § 66451.3.

      (6)   Approval of Conversion, Required Findings.

         (A)   Time Limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with § 87.02.030 (Tentative Map Filing, Initial Processing). The 120-day time limit may be extended by mutual consent of the subdivider and the County.

         (B)   Conversion Findings, Residential Projects. Approval of a Tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project, or stock cooperative shall not be granted unless the review authority first finds all of the following to be true:

            (I)   All of the findings identified in Map Act § 66427.1 and § 87.02.060 (a)(2) (Tentative Map Approval or Disapproval -- Additional specific findings), above;

            (II)   The conversion will not result in a major displacement of existing tenants unable to find comparable housing, and the location of the conversion and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare; and

            (III)   The proposed conversion complies with all of the applicable standards identified in Chapter 84.16 (Multi-Family Residential Design Standards).

      (7)   Completion of Subdivision Process. The filing, approval, and recordation of a Parcel or Final Map in compliance with Chapter 87.03 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or Tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act § 66428.1 (See § 87.04.080 [Resident Initiated Mobile Home Park Conversion], below). Where the maps have been waived, a Certificate of Compliance shall be recorded to complete the conversion action.

(Ord. 4011, passed - -2007)

   A Lot Line Adjustment is permissible in compliance with Map Act § 66412(d), and the following.

   (a)   Application.

      (1)   A Lot Line Adjustment is between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed are not created.

      (2)   An application for a Lot Line Adjustment shall be filed with the Director and shall include the information required by the Department, together with the processing fee specified by the County Fee Ordinance. No Tentative, Parcel, or Final Map shall be required for a Lot Line Adjustment. Survey monuments and a field survey may be required to facilitate the preparation of the legal description to ensure the accuracy of the description or the elimination of the encroachments.

   (b)   Lot Line Adjustment Procedures.

      (1)   Approval. After consultation with the County Surveyor, the Director shall approve a Lot Line Adjustment; provided that all criteria identified in Map Act § 66412(d) are met to the Director’s satisfaction.

      (2)   Findings. The Director shall make all of the following findings before approval of a Lot Line Adjustment:

         (A)   The proposed Lot Line Adjustment is consistent with the General Plan, this Development Code, and any applicable community or specific plan; and

         (B)   The proposed Lot Line Adjustment will not adversely affect public health and safety.

      (3)   Post-Approval Actions. The Director shall submit a Certificate of Compliance or a conditional Certificate of Compliance, along with new Grant Deeds and appropriate Trust Deeds which describe the new boundaries of the parcels to the County Recorder for recordation.

(Ord. 4011, passed - -2007)

   (a)   Purpose. The purpose of this Section is to provide procedures for Official Maps.

   (b)   Applicability. Official Maps shall be required as described in Government Code § 66499.52.

   (c)   Procedures. Official Maps shall be reviewed and processed using the procedures outlined in Chapter 87.02 (Tentative Map Filing and Processing) of this Division, the procedures pertaining to the processing and approval of Parcel Maps or Final Maps in Chapter 87.03 (Parcel Maps and Final Maps), and the provisions of Map Act Division 3.

(Ord. 4011, passed - -2007)

   Parcel Mergers may be mandatory mergers initiated by the County or voluntary mergers initiated by the property owner.

   (a)   Procedures for Mandatory Merger of Contiguous Parcels. Two or more parcels may be merged as follows.

      (1)   Process. When the County initiates a merger of substandard lots, noticing shall be done in compliance with the procedures outlined in Map Act Chapter 3, Article 1.5.

      (2)   Requirements. A mandatory merger of substandard lots may be initiated by the County. A lot may be merged with a contiguous lot held by the same owner. If any one of the contiguous lots or units held by the same owner does not conform to the standards for minimum lot size or dimension specified by the applicable land use district the following requirements shall be satisfied:

         (A)   At least one of the affected lots is not developed with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot involved in the proposed merger; and

         (B)   At least one of the affected lots must have one or more of the following conditions:

            (I)   The lot comprises less than 5,000 square feet in area at the time of the determination of merger;

            (II)   The lot was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

            (III)   The lot does not meet current standards for sewage disposal and/or domestic water supply;

            (IV)   The lot does not meet slope stability and/or density standards, as specified by this Code, Specific Plan or the General Plan;

            (V)   The lot has no legal access which is adequate for vehicular and emergency equipment access and maneuverability;

            (VI)   The development of the lot would create health or safety hazards;

            (VII)   The lot is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.

      (2)   Findings. The Director shall find that all of the following are true before recording a Notice of Merger.

         (A)   The parcels to be merged at the time of merger are under common ownership;

         (B)   The parcels as merged will be consistent with or be more closely compatible with the applicable land use zoning district regulations and any other planning policies relating to the subject property and parcel configuration;

         (C)   The parcels as merged will not be deprived of legal access as a result of the merger and access to the adjoining parcels will not be restricted by the merger; and

         (D)   All current and any delinquent taxes have been paid on all affected parcels.

         (E)   One or more of the conditions described in § 66451.11(b) have been met.

   (b)   Procedures for Voluntary Merger of Contiguous Parcels.

      (1)   Description and Purpose. It is the purpose of this Section to allow property owners to request a voluntary merger of contiguous parcels that are under the same ownership, pursuant to Map Act §§ 66499.20 1/2 or 66499.20 3/4 pertaining to the reversion to acreage.

      (2)   Process. The property owner shall file an application for a parcel merger. The review authority shall be the Director and review of the application shall be subject to the provisions for Staff Review without Notice procedures. The merger of the subject parcels become effective when the Director causes a Notice of Merger specifying the names of the record owners and a description of the real property to be filed for record with the County Recorder.

      (3)   Findings. The Director shall find that all of the following are true before recording a Notice of Merger.

         (A)   The parcels to be merged at the time of merger are under common ownership;

         (B)   The parcels as merged will not be deprived of legal access as a result of the merger and access to the adjoining parcels will not be restricted by the merger; and

         (C)   All current and any delinquent taxes have been paid on all affected parcels.

   (c)   Post-Approval Actions.

      (1)   If the merger is processed in compliance with Map Act Chapter 3, Article 1.5, the Director shall submit a Notice of Merger to the County Recorder for recordation in compliance with Map Act § 66451.19.

      (2)   If the merger is processed in compliance with Map Act §§ 66499-3/4 or 66499-1/2, the County Surveyor shall follow the procedures for the approval and recordation of a Parcel Map in compliance with § 87.03.060 (Parcel Map Approval) or for the approval and recordation of a Final Map in compliance with § 87.03.100 (Final Map Approval).

   (d)   Requirements for Unmerger of Parcels. The unmerger of parcels within the County shall comply with Map Act Chapter 3, Article 1.7.

(Ord. 4011, passed - -2007)

   (a)   General Provisions.

      (1)   A Reversion to Acreage shall be initiated, processed, reviewed, and approved or disapproved in compliance with Map Act Chapter 6, Article 1.

      (2)   An application for reversion submitted by a property owner shall include all information required by the Department, and shall include the fee required by the County Fee Ordinance.

      (3)   A Parcel Map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous parcels, in compliance with Map Act § 66499.20-1/4.

   (b)   Procedures.

      (1)   The Commission shall hold a public hearing on all petitions for, and Board initiations of, Reversions to Acreage.

      (2)   In the case of a Reversion to Acreage by Parcel Map, the Commission may approve the Reversion to Acreage only if it first makes all of the findings required by Subdivision (c), below.

      (3)   For a Reversion to Acreage by Final Map, the Commission shall render its decision in the form of a written recommendation to the Board. The recommendation shall include the reasons for the recommendation and shall be transmitted to the Board. Upon receipt of the recommendation of the Commission, the Board shall hold a public hearing. The Board may approve a Reversion to Acreage only if it first makes all of the findings required by Subdivision (c) below.

   (c)   Findings. Before approval, the review authority shall first find that all of the findings required by Map Act § 66499.16 are true.

   (d)   Post-Approval Actions. After the hearing before the Commission and/or the Board and approval of the Reversion to Acreage, the Parcel or Final Map shall be delivered to the County Surveyor. The Reversion to Acreage shall be effective upon the Parcel or Final Map being filed for record by the County Recorder.

(Ord. 4011, passed - -2007)

   (a)   Purpose. The purpose of this Section is to facilitate resident purchase of mobile home parks. This Section allows the waiver of certain subdivision requirements and expedites local government processing for mobile home park conversions to condominiums or stock cooperatives. These conversions will preserve an important source of affordable housing.

   (b)   Applicability. For the purposes of this Section, an application for subdivision shall be considered “resident initiated” when signed by a resident organization formed by the tenants of the subject mobile home park for the purpose of purchasing the mobile home park. The proposed conversion shall be supported by a minimum of two-thirds of the current residents of the park. The resident organization shall have a legally binding contract, which, if the conditions of the contract are met, would result in the acquisition of an interest in the mobile home park. A pre-application conference may be requested by the applicant(s) before formation of the resident organization or before entering into a legally binding contract; provided the Director determines in writing that it is reasonable to believe that the contract may be entered into within a 12-month period.

   (c)   Exclusions. The provisions of this Section shall not apply to:

      (1)   The purchase of a mobile home park by a non-profit corporation which is subject to the provisions of Business and Professions Code § 11010.8; or

      (2)   Special Occupancy Parks (e.g. Recreation Vehicle Parks) as defined in Mobile Home Parks Act § 2008, of the Code of Regulations Title 25.

   (d)   Waiver of Tentative and Final Map Requirements. Notwithstanding other provisions of this Division, the requirement for the filing of a Tentative Map and the preparation, filing, and recordation of a Final Map for a mobile home park conversion to a condominium or stock cooperative on a single parcel, may be waived by the Director in compliance with Map Act § 66428.1; provided the following procedures are followed by a resident organization desiring to convert their park and the necessary findings are made by the Director.

      (1)   Pre-Application Conference. Before filing an application for mobile home park conversion, the resident association shall have a pre-application conference with the Development Review Committee. The conference shall be scheduled in compliance with the policy established by the Board for the Housing Incentive Program. The purpose of this conference is to determine that the proposal qualifies under the provisions of this Section. The following information shall be submitted with the application for the conference.

         (A)   Previously approved plot plan for the mobile home park. If none exists, a plot plan shall be filed in compliance with the requirements established by and available at the Department.

         (B)   A supplemental report to include the following information:

            (I)   Name of consultants, if any.

            (II)   Disclosure of all known fees and costs for the conversion process.

            (III)   Documentation demonstrating that a minimum of two-thirds of the residents of the mobile home park support the proposed conversion.

            (IV)   Declarations from those residents supporting the conversion that their principal place of residence is within the subject mobile home park.

            (V)   The location of the park and results of a field inspection done by the applicant(s) or consultant regarding the status of the compliance of the park with the County health and safety standards in effect at the time the park was created. Any on-site dedications or public improvements to be required shall be identified by the committee.

            (VI)   Proposed tentative schedules to expedite meeting and coordinating any requirements of the Planning Agency and the Department of Real Estate, including but not limited to the public report. The schedule shall include an outline of the permits and noticing required to allow this conversion and the estimated time at which the permits are obtained.

            (VII)   Evidence showing that the 60-day Notice of Intent to file the conversion application [as required by Map Act § 66427.1(a)] has been met.

            (VIII)   Initial report on the impact of the conversion on the residents of the mobile home park. This report is needed to determine whether an impact report as required in Map Act § 66427.4 is needed. The report shall specify whether any residents of the park are to be involuntarily displaced and any proposed measures to mitigate the displacement. A resident, who is offered an opportunity to remain in the park after the conversion through continuation of the tenancy at generally the same terms as existed before proposed conversion, shall not be considered involuntarily displaced. At the pre-application conference the Development Review Committee shall indicate whether an impact report needs to be filed with the formal application for the conversion. If it is required, the Development Review Committee shall identify in detail any additional items to be required as mitigation measures to assist any displaced residents. No current resident shall be involuntarily displaced without proper notice, assistance, or compensation, to be worked out on a case-by-case basis. The noticing, assistance, or compensation may include the following:

               (i)   The project shall comply with the Mobile Home Residency Law, Civil Code §§ 798 et seq.

               (ii)   The project applicants may be required to provide relocation assistance in compliance with Federal, State, or local laws.

         (C)   The Planning representative of the Development Review Committee shall field check the park before the scheduled meeting. The Development Review Committee shall establish if the proposed mobile home park conversion meets the intent and is capable of meeting the provisions of this Section. The Director shall attempt to inform the applicant(s) at the earliest opportunity if a public hearing is to be required. If the proposed mobile home park conversion is acceptable, the Development Review Committee shall identify the information the applicant needs to file to proceed with the proposal. The information shall include the following:

            (I)   Development Review Committee pre-application conference minutes. These minutes shall include the proposed tentative schedules required by Subdivision (d)(1)(B)(VI), above.

            (II)   If the parcel upon which the park lies was created before January 1, 1960, a Parcel Map application shall be required. The application shall be processed concurrently with any other information filed in compliance with the pre-application conference.

            (III)   Mobile Home Park Conversion Impact Report, if required at the pre-application conference to meet the requirements of Map Act § 66427.4. The report shall be given to each resident within the mobile home park.

            (IV)   Mobile home park plot plan if no plot plan was previously approved.

            (V)   Any special information which was identified by the Development Review Committee. Among the information may be information to assist in the environmental review of the proposal.

            (VI)   Certificate of Compliance application.

         (D)   The review and processing of any application in compliance with this Section shall be subject to the same review and time requirements and appeal procedures as are provided in this Division for Tentative Maps. In any case where waiver of the Tentative and Final Map is granted, the Director shall cause to be filed for record with the County Recorder a Certificate of Compliance in compliance with this Division. The Director may require a public hearing in compliance with Chapter 86.07 (Public Hearings). Should a public hearing be required the noticing provisions of Map Act § 66451.3 shall be met.

      (2)   Findings for Approval. A mobile home park conversion shall be approved or conditionally approved only if all of the following are first found to be true:

         (A)   The mobile home park complies with the requirements established by State law and County ordinance for these uses at the time the mobile home park was constructed. The regulations shall include those regarding area, improvement and design, flood water drainage control, public roads, sanitary disposal facilities, water supply and distribution systems, environmental protection, and other requirements of the Map Act and this Division;

         (B)   Any measures necessary to mitigate the impact of the conversion on current residents of the park have been required as conditions of approval; and

         (C)   Applicable noticing requirements of the Map Act have been, or will be met.

      (3)   Conditions of Approval. The following conditions may be required by the Director as conditions of approval for the proposed conversion:

         (A)   Subdivisions allowed by this Section may include conditions requiring a Compliance Survey inspection to the satisfaction of the Director. However, the survey shall be limited to require improvements relating only to items of a health and safety nature.

         (B)   The mobile home condominiums or stock cooperatives shall be subject to Code of Regulations Title 25.

         (C)   Only additional on-site improvements or development standards which were applicable at the time the mobile home park was originally developed may be required.

         (D)   Off-site public improvements for qualifying mobile home parks shall be waived, except as follows:

            (I)   Any off-site improvements shall be financed with appropriate assessment bonds.

            (II)   The Certificate of Compliance shall not be delayed or contingent upon completion of the off-site improvements.

         (E)   Any requirements and/or documents required by the State Common Interest Development Act, Civil Code §§ 1350 et seq.

         (F)   Conditions of approval necessary to ensure any noticing requirements that are required by Map Act § 66427.1 are met.

         (G)   Any plan or document required to be submitted to the Department of Real Estate shall be reviewed for consistency with the approved project and plot plan. The plan shall reference the “waiver” notice requirement in Subdivision (H), below, to the satisfaction of the Director.

         (H)   Notice shall be placed on the Certificate of Subdivision Compliance that standard subdivision requirements for the creation of condominiums/stock cooperatives have been waived by the County and only conditions applicable to the original development of the mobile home park have been required.

         (I)   The applicants shall comply with the indemnification requirements of § 81.01.070 (Legal Defense Fee Responsibility) of this Development Code.

         (J)   The Director may impose any conditions of approval to ensure any appropriate measures for relocation assistance are implemented.

         (K)   No mobile home shall be required to be placed on a permanent foundation as a result of the conditional approval.

         (L)   Any condition of approval required in compliance with this Section shall be drafted to expedite the conversion process.

(Ord. 4011, passed - -2007)

   This Chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.

(Ord. 4011, passed - -2007)

   Each proposed subdivision shall comply with the requirements of this Chapter for dedications, reservations, or the payment of fees.

(Ord. 4011, passed - -2007)

   (a)   Streets, Highways, and Flood Control Rights-of-Way.

      (1)   As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for:

         (A)   Access rights and abutters’ rights;

         (B)   Alleys;

         (C)   Drainage easements;

         (D)   Public utility easements;

         (E)   Streets; and

         (F)   Other public easements.

      (2)   In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements. The subdivider may also be required to dedicate the additional land as may be necessary and feasible to provide bicycle paths for the use and safety of residents of the subdivision.

   (b)   Drainage Rights-of-Way. When the Director of Public Works determines that drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the Final Map of the subdivision the necessary rights-of-way for drainage facilities.

   (c)   Flood Control Dedication. Where dedication is offered for Flood Control District rights-of-way, the rights-of-way shall be shown as parcels lettered alphabetically on the Final Map. The offer of dedication shall be made by an appropriate certificate on the title sheet of the Final Map, and, in addition, an executed deed conveying fee title to the right-of-way to the Flood Control District shall be delivered to the District.

(Ord. 4011, passed - -2007)

   (a)   Certification of Board Action. At the time the Board approves a Final Map, it shall also accept, subject to improvement, or reject any offer of dedication. The Clerk of the Board shall certify on the map the action of the Board.

   (b)   Resolution of Acceptance. The Clerk of the Board shall cause a resolution of acceptance of dedications by the Board to be filed with the County Recorder.

   (c)   Deferred Acceptance. If at the time the Final Map is approved, any streets, alleys, paths, public utility easements, rights-of-way for local transit facilities including bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision, or storm drainage easements are rejected subject to Code of Civil Procedure § 771.010, the offer of dedication shall remain open and the Board may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, alleys, paths, rights-of-way for local transit facilities including bus turnouts, benches, shelters, landing pads, and similar items that directly benefit the residents of a subdivision, or storm drainage easements for public use. The acceptance shall be recorded in the Office of the County Recorder.

(Ord. 4011, passed - -2007)

   This Chapter establishes standards for the design and layout of subdivisions, and the design, construction, or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan, any applicable community plan, and any applicable specific plan.

(Ord. 4011, passed - -2007)

   The requirements of this Chapter apply as follows:

   (a)   Extent of Required Improvements. Each subdivision of four or fewer parcels, and each subdivision of five or more parcels, shall provide the improvements required by this Chapter, and any additional improvements required by conditions of approval.

   (b)   Applicable Design Standards, Timing of Installation. The subdivider shall construct all on- and off-site improvements according to standards approved by the County Surveyor. No Parcel or Final Map shall be presented to the Board for approval and no Parcel Map shall be presented to the County Surveyor for approval until the subdivider either completes the required improvements, or enters into a subdivision improvement agreement with the County for the work in compliance with § 87.06.050 (Subdivision Improvement Requirements).

   (c)   Subdivision Improvement Standards - Conditions of Approval. The applicable subdivision improvement and dedication requirements of this Chapter and any other improvements and dedications required by the review authority in compliance with § 87.02.060 (Tentative Map Approval or Disapproval), shall be described in conditions of approval adopted for each approved Tentative Map (§ 87.02.070). The design, construction, or installation of all subdivision improvements shall comply with the requirements of the Director of Public Works.

   (d)   Oversizing of Improvements.

      (1)   At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the County, in compliance with Map Act Chapter 4, Article 6.

      (2)   In the event that oversizing is required, the County shall comply with all applicable provisions of Map Act §§ 66485 et seq., including the reimbursement provisions of Map Act § 66486.

      (3)   If a parcel proposed for subdivision is subject to an existing reimbursement agreement, the subdivider shall pay the required reimbursement before the recordation of the Parcel or Final Map, or the issuance of a Building Permit for construction on the parcel, whichever occurs first.

   (e)   Exceptions. Exceptions to the requirements of this Chapter may be requested and considered in compliance with § 87.01.100 (Exceptions to Subdivision Standards).

(Ord. 4011, passed - -2007)

   (a)   Purpose. This Section establishes standards for the design and layout of subdivisions, and the design, construction, or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan, any applicable community plan, and any applicable specific plan.

   (b)   Applicability. Each subdivision shall be designed in compliance with the standards of this Section, except where an exception is granted in compliance with § 87.01.100 (Exceptions to Subdivision Standards).

   (c)   Roads and Streets. The layout, design, and construction of proposed roads and streets shall comply with the General Plan, and adopted County street standards.

      (1)   Highway Alignment Plan. If the General Plan (or any applicable community or specific plan) designates a general location of a proposed highway and any portion thereof may be wholly or partially within a proposed subdivision or may be affected by a proposed subdivision before the approval of the subdivision, a specific alignment plan shall be prepared and adopted. Each roadway shall conform in width and alignment with that shown or indicated on the General Plan or any standards adopted consistent with the General Plan. As a condition of approval of the subdivision, the subdivider shall be required to make dedications and construct reasonable improvements as required by the specific alignment plan. These requirements may be waived by the Director upon recommendation of the Department of Public Works, if the proposed highway is located upon a section line or its precise alignment can be otherwise determined.

      (2)   Circulation Standards.

         (A)   General Plan Consistency. The circulation design of all subdivisions shall be compatible and coordinate with the General Plan (and any applicable community or specific plan) and the existing street and land use pattern in the surrounding area.

         (B)   Part-Width Highways and Alignments. Any part-width highway lying along and adjacent to any boundary of a subdivision shall have a part-width and alignment as will conform to the route lines shown on the Master Plan of Highways covering the same portion of the subdivision.

         (C)   Cul-de-Sacs. Cul-de-sac streets shall not exceed 600 feet in length, except as provided below, and shall terminate with a turn-around as specified in the adopted County Road Standards. The Director may approve a cul-de-sac that exceeds 600 feet if the Director first finds that the cul-de-sac will not be injurious to the public health, safety, and general welfare.

         (D)   Road Grades. Road grades shall not exceed 12 percent unless it can be demonstrated that a road grade in excess of 12 percent is necessary to accomplish the objectives of the General Plan (and any applicable community or specific plan). In these circumstances, the Director may approve a road grade not to exceed 14 percent grade for a distance not to exceed 500 feet if a finding is first made, based upon the recommendations of the County Director of Public Works and the County Fire Marshal, that the roadway will not create an unacceptable hazardous risk to the public health, safety, or general welfare.

         (E)   Subdivision Access. The subdivision and each of its phases shall have two points of vehicular ingress and egress from existing and surrounding streets, one of which may be for emergency use only. Where providing this access is physically impossible or a cul-de-sac is proposed, this requirement may be waived or modified.

   (d)   Public Access to Public Resources. Each proposed subdivision shall be designed and constructed to provide public access to waterways, lakes, and reservoirs in compliance with Map Act Chapter 4, Article 3.5 (Public Access to Public Resources).

   (e)   Parcel Design. The size, shape, and arrangement of proposed parcels shall comply with this Section and with any General Plan (and any applicable community or specific plan) policy, requirement, or other County Code provision that applies to proposed subdivisions.

      (1)   General Parcel Design Standards.

         (A)   Each proposed parcel shall be determined by the review authority to be “buildable” because it contains at least one building site that can accommodate a structure in compliance with all applicable provisions of this Development Code.

         (B)   No subdivision shall be designed to leave unsubdivided islands, strips or parcels, or property unsuitable for subdividing, which is not either accepted by the County or other appropriate entity for public use, or maintained, as common area within the development.

      (2)   Parcel Area. Each proposed parcel shall comply with the minimum area requirements of the applicable land use zoning district established by Division 2 (Land Use Zoning Districts and Allowable Land Uses), except as otherwise provided by this Section.

         (A)   Calculation of Area. When calculating the area of a parcel to determine compliance with this Section, this Division or the General Plan (and any applicable community or specific plan), the following shall be deducted from the gross area of any parcel:

            (I)   A vehicular access easement through the parcel, unless there is alternative legal and physical access to the parcel for which the easement is granted;

            (II)   Any easement completely restricting or prohibiting any use of the property, for ingress, egress, landscaping, recreation, storage, etc.; or

            (III)   The “flag pole” (access strip) of a flag lot.

         (B)   Minimum Parcel Area Requirements for Common Interest Projects. The minimum parcel area requirements of this Development Code or the minimum “buildable” parcel size shall not apply to condominiums, condominium conversions, and townhouses, but shall apply to the creation of the original parcel(s) that are the location of the condominium or townhouse.

      (3)   Dimensions and Configuration. The dimensions of each new parcel shall comply with the requirements of the applicable land use zoning district established by Division 2 (Land Use Zoning Districts and Allowable Land Uses), or as otherwise required by the review authority.

         (A)   Side parcel lines shall be approximately normal to street lines.

         (B)   Each parcel on a dead-end street where the side lines converge from front to the rear of the parcel shall have an average width of not less than 60 feet, or the width required by this Development Code, whichever is greater, measured along the front building setback line.

         (C)   Each parcel on a curved street where the side lines converge from the front to the rear of the parcel shall have an average width of not less than 60 feet, or the width required by this Development Code, whichever is greater.

         (D)   Double frontage parcels shall be discouraged except where essential to separate residential developments from major or secondary highways or due to topographical conditions. When double frontage parcels are allowed, vehicular access rights shall be dedicated to the County along the street designated by the Director.

         (E)   The Director may require parcels larger than the above minimum sizes specified in multi-family residential, commercial, and industrial subdivisions. When parcels twice or more the required area or width are shown as part of a subdivision, the Director may require the parcel(s) to be so established as to make practical a further division into allowable building sites, without injury to adjoining property.

         (F)   In desert, hilly, or mountainous areas, the Director may require parcels larger than required minimums. Larger parcels shall be required when it is deemed to be necessary in order to conform to the General Plan or any applicable community or specific plan.

         (G)   Flag lots shall be discouraged.

         (H)   Modification of these parcel design standards may be allowed in compliance with:

            (I)   The Parcel Area Regulations of Division 2 of this Development Code.

            (II)   The Planned Development standards and regulations of Division 4 of this Development Code.

         (I)   This Subdivision does not apply to any parcel which the subdivider offers to dedicate to the County or any public agency or district.

         (J)   When a land use zoning district classification line divides a parcel(s), the area and frontage requirements for the parcel(s) shall be those of the land use zoning district that requires the greater or most restrictive standards between the two districts involved.

   Example: If the line between a Neighborhood Commercial (CN) District and a Single Residential (RS) district divides a parcel, the applicable area and frontage requirements would be those for the CN as they are greater than those for the RS district.

   (f)   Energy Conservation. Each proposed subdivision shall be designed to provide maximum opportunities for energy conservation, including opportunities for passive or natural heating or cooling opportunities, in compliance with Map Act § 66473.1, as follows.

      (1)   Street Layout. The streets proposed in a subdivision shall be planned in a primarily east-west orientation where feasible.

      (2)   Parcel and Building Site Design. Proposed parcels shall be designed, where feasible, to provide building sites that allow the orientation of structures in east-west alignment for southern exposure, and to take advantage of existing shade or prevailing breezes.

   (g)   Environmental Health. Lands to be subdivided for residential, park, playground, or land recreation purposes may be subject to environmental quality standards as established by ordinances and regulations of the different departments and agencies within the County.

   (h)   Fire Protection.

      (1)   Subdivision design shall provide for safe and ready access for fire and other emergency equipment and for routes of escape to safely handle evacuations.

      (2)   The subdivision shall be served by water supplies for community fire protection in compliance with the standards established by the appropriate fire authority.

      (3)   In hazardous fire areas, all flammable or combustible vegetation shall be removed from around all structures, in compliance with the requirements of the County Uniform Fire Code and the Fire Safety Overlay District. Where erosion is probable, the slopes shall be planted with fire resistive ground cover.

(Ord. 4011, passed - -2007)

   (a)   Grading. Before the issuance of a Building Permit, a grading plan prepared and signed by a registered civil engineer shall be submitted to and approved by the Building and Safety Division. Grading plans shall show the elevations of the natural ground at all lot corners, the finished grade at corners, the finished pad elevation, finished floor elevations, rates and directions of all drainage swales, elevation height of all retaining or perimeter walls and finished sidewalk elevations at all front lot lines, and existing topographic elevations and drainage direction 100 feet outside the boundary of proposed project area and/or map.

      (1)   Minimum Slopes. The minimum grade of all drainage swales on parcels shall be two percent unless approved differently by the Building Official.

      (2)   Pad Elevation, Residential. The building pad elevation of residential parcels shall be established at a minimum of ten inches above the design sidewalk elevation at the lowest point of the parcel. The finished floor elevation of slab floor houses shall be a minimum of 16 inches above the sidewalk elevation. The pad elevation of all residential parcels shall be established at least one foot above the maximum water surface in an adjacent storm drain channel or the ponded surface in an adjacent sump for collection of storm drain waters. An exception may be allowed in the case of a proposed subdivision served by a storm drain pump station. The standards of this Subdivision shall apply to any building pad elevation, except where the requirements of the California Building Code (CBC) exceed these standards, in which case the requirements of the CBC shall apply.

      (3)   Drainage Plan. No inter-parcel or “cross drainage” shall be allowed. Each parcel shall drain its own water to a public street, approved public or private drainage facility, or natural drainage course without passing through or across an adjacent parcel, except where a legal right exists (e.g., a drainage easement), and is authorized by the Building Official. No parcel shall drain water over the bank of a flood control channel.

      (4)   Grading Practices. All grading within the County shall employ the best available management practices, as determined by the Building Official, to minimize erosion, sedimentation, and unnecessary grading.

      (5)   Grading Exceptions. Specific exceptions to the above requirements may be authorized at the discretion of the Building Official.

      (7)   Hillside Grading. If the subject property is within an area having a natural slope gradient of 15 percent or greater, refer to Chapter 83.08 (Hillside Grading Standards) for applicable procedures and standards.

   (b)   Erosion and Sediment Control. A proposed subdivision shall be designed so that all grading incorporates appropriate erosion and sediment control measures.

(Ord. 4011, passed - -2007)

   (a)   Bicycle/Walking Paths and Hiking/Equestrian Trails. Depending on the circumstances surrounding a specific project, the County may require, as a condition of approval, the subdivider to construct bicycle/walking paths and/or hiking/equestrian trails within an approved subdivision as determined by the review authority. In the event the review authority determines that path or trail construction within a subdivision would be infeasible or constitute unsound engineering, the review authority may grant the subdivider the option to pay into a fund, dedicated for these uses, the amount per foot, as determined by the review authority.

   (b)   Bridges and Major Thoroughfares. The County may assess and collect fees as a condition of issuing a Building Permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares in compliance with Map Act § 66484, after the County has established a master plan for bridge crossings and major thoroughfares by ordinance.

   (c)   Fire Hydrants. The subdivider shall install fire hydrants, with their associated underground water pipes, of sizes and locations as required and approved by the Fire Department.

   (d)   Monuments. The subdivider shall install monuments in compliance with the requirements of the County Surveyor, and Map Act Chapter 4, Article 9.

   (e)   Private Facilities - Maintenance. A subdivision with common area or private streets shall have conditions, covenants, and restrictions (CC&Rs) approved by the County to provide for the maintenance of the common areas and/or private streets, and establish standards for maintenance.

   (f)   Public Utilities. Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, sewer, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this Section.

      (1)   Underground Utilities Required. Utility lines, including electric, telephone, communications, and street lighting, within or directly serving each subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this Subdivision without expense to the County, and shall make necessary arrangements with the utility company for the installation of the facilities. Appurtenances and associated equipment (e.g., boxes and meter cabinets) and concealed ducts in an underground system may be placed above ground. Waiver of the requirements for underground utilities shall be made through the Public Utilities Commission. This Subdivision shall not apply to existing utility or common carrier routes in use at the time the subdivision is completed which do not provide service to the area subdivided. Aerial routes still in existence at the time the subdivision is completed may be reinforced from time to time as conditions dictate; however, all provisions of this Subdivision shall be subject to the requirements of any underground district created in compliance with County Code § 67.0101 in existence before the subdivision of the land or created after subdivision.

      (2)   Location of Allowed Overhead Lines. Where allowed, overhead utility lines shall be located at the rear of parcels where practical, and along the sides of parcels where necessary.

      (3)   Cable Television Systems. If a local cable television system is available to serve the project, any subdivision for which a Tentative Map is required, or a Parcel Map for which a Tentative Map was not required, shall be designed to provide the appropriate cable television system an opportunity to construct, install, and maintain on land as reserved for cable television service or by separate instrument, any equipment necessary to extend cable television services to each residential parcel in the subdivision.

         (A)   APPROPRIATE CABLE TELEVISION SYSTEM, as used in this Subdivision, means those franchised or licensed to serve the geographical area in which the subdivision is located.

         (B)   This Subdivision shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

      (4)   Reimbursement for Relocation or Replacement. Whenever the County imposes as a condition of its approval of a Tentative Map or a Parcel Map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, common carrier, or other public utility, the developer or subdivider shall reimburse the appropriate facility provider for all costs for the replacement, undergrounding, or relocation. All of these costs shall be billed after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. Under no circumstances shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities.

      (5)   Public Services and Facilities Fees. The fee requirements of Division 5 of this Development Code shall be imposed as conditions of all map approvals, including Parcel Maps.

   (g)   Railroad Crossings. A proposed subdivision shall be designed to provide for railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the California Public Utilities Commission for the establishment and improvement of the crossings.

      (1)   The subdivider shall deposit with the County Clerk, in cash, the estimated costs to be incurred by the County in pursuing, or assisting in the applicant’s pursuit of an application for railroad crossings before the Public Utilities Commission.

      (2)   Upon termination of the proceedings before the Public Utilities Commission, an accounting of the deposit will be made and an additional charge or refund will be made to the subdivider.

   (h)   Sewage Disposal. Each parcel within an approved subdivision shall be provided an approved on-site sewage disposal system before final building inspection, or connection to an approved community sewage collection, treatment, and disposal system, in compliance with the County’s infrastructure standards and specifications. The subdivider shall also pay any required connection fee(s).

      (1)   Subsurface sewage disposal systems shall be located as far as practical from a perennial or intermittent stream in compliance with County Code Division 3, Article 5, §§ 33.0505 and 33.0506, and the requirements of the Division of Environmental Health Services and the Regional Water Quality Control Board.

      (2)   When a soils or a geologic hazards report for a subdivision is prepared (either at the developer’s volition or as a requirement of any governmental agency), it shall include findings and recommendations concerning probable adverse effects of the hazards to the integrity of water supply and sewage disposal facilities and structures.

   (i)   Street Lighting. Each proposed subdivision shall provide street lighting facilities designed and constructed in compliance with the County’s infrastructure standards and specifications.

   (j)   Street Signs and Street Names.

      (1)   Street Names. All public and private streets within a proposed subdivision shall be named by the Board or the Director of Public Works. The duplication of an existing street name within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

      (2)   Street Signs. The subdivider shall provide a minimum of two street name signs at each street intersection; with the signs located on the diagonally opposite sides of the intersection. The subdivider shall provide one street name sign at each “T” intersection. All street signs shall be made in compliance with the San Bernardino County Public Works Standards and Specification Manual per specifications 303, 303a, and 303b.

   (k)   Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system.

      (1)   A subdivision that lies in the path of existing watercourses or overflows from existing watercourses, or natural drainage from upstream properties, shall not be approved unless adequate dedicated rights-of-way or improvements are provided as deemed satisfactory by the Director of Public Works.

      (2)   When the Director of Public Works determines that a subdivision may cause an unnatural increase or concentration of surface waters onto downstream property, the subdivision shall not be approved unless drainage outlets are provided that will be adequate to render the County and the County Flood Control District harmless from any damages caused by the increase or concentration of water.

      (3)   The location, type, and size of watercourses or drainage works, and all drainage of streets and other drainage works between streets, shall comply with the San Bernardino County Public Works Standards and Specifications Manual or as required by the Director of Public Works.

      (4)   When the Director of Public Works determines that drainage rights-of-way are necessary, the subdivider shall offer to dedicate upon the Tentative, Parcel, or Final Map of the subdivision the necessary rights-of-way for the drainage facilities.

      (5)   Where dedication is offered or granted for Flood Control District rights-of-way, the rights-of-way shall be shown as parcels lettered alphabetically on the Tentative, Parcel, or Final Map. The offer of dedication or grant shall be made by an appropriate statement on the title sheet of the Final Map.

   (l)   Water Supply. Each approved parcel shall be served by an approved well or community water system, and shall be designed and constructed to accommodate both domestic and fire flows, together with necessary fire hydrants to serve each parcel proposed to be created.

(Ord. 4011, passed - -2007)

   This Chapter provides standards for the preparation and review of improvement plans, the installation of improvements, and for security to guarantee improvement installation.

(Ord. 4011, passed - -2007)

   After the approval of a Tentative Map and before the construction of any improvements, the subdivider shall submit plans to the County as follows:

   (a)   Preparation and Content. Improvement plans shall be prepared by a California registered professional engineer. Improvement plan submittals shall include all of the following information:

      (1)   Any drawings, specifications, calculations, design reports, and other information required by the Director of Public Works;

      (2)   Grading, drainage, Water Quality Management Plan, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision; and

      (3)   The improvement plan/specification checking and construction inspection fees required by the County Fee Ordinance.

   (b)   Submittal of Plans. Improvement plans shall be submitted to the Director of Public Works and other appropriate reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with Subdivision (c) (Review and Approval), below, the subdivider shall also submit to the Director of Public Works a detailed cost estimate of all improvements, based on guidelines provided by the County.

      (1)   Street and Drainage Plans and Profiles. Plans, profiles, and specifications of proposed street and drainage improvements shall be submitted to the County Department of Public Works, checked and approved before presentation of the Final Map to the Board for acceptance. These plans and profiles shall show full details of the proposed improvements in compliance with County standards.

      (2)   Water Systems Plans. Plans, specifications, and all necessary details of the proposed water system shall be submitted to the Chief of the Division of Environmental Health Services for review; provided that the supplier has certified that it is willing and able to supply water upon request.

      (3)   Sanitary Sewer Plans. Plans, profiles, specifications, and all necessary details of the sanitary sewers to be installed shall be submitted to the Chief of the Division of Environmental Health Services for review; provided that before submitting the plans, they shall have been approved by the governmental entity that will serve the subdivision, or if a private sewage disposal company is to provide service, the plans shall have been approved by the Chief of the Division of Environmental Health Services.

   (c)   Review and Approval. Improvement plans shall be reviewed and approved by the applicable agency within the time limits provided by Map Act § 66456.2.

   (d)   Effect of Approval. The final approval of improvement plans shall generally be required before approval of a Parcel or Final Map. The approval of improvement plans shall not bind the County to accept the improvements nor waive any defects in the improvements as installed.

(Ord. 4011, passed - -2007; Am. Ord. 4116, passed - -2010)

   Subdivision improvements required as conditions of approval of a Tentative Map in compliance with this Chapter (see § 87.06.050) shall be installed as provided by this Section.

   (a)   Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with § 87.07.020, and before the approval of a Parcel or Final Map in compliance with §§ 87.03.060 (Parcel Map Approval) or 87.03.100 (Final Map Approval), except where:

      (1)   Improvements are deferred in compliance with § 87.07.040 (Improvement Agreements, Lien Agreements and Securities); or

      (2)   Improvements are required as conditions on the approval of a subdivision of four or fewer parcels, in which case construction of the improvements shall be required:

         (A)   When a Building Permit is issued for development of an affected parcel; or

         (B)   At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the County, as identified in § 87.07.040 (Improvement Agreements, Lien Agreements and Securities); or

         (C)   At the time identified in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

      (3)   To avoid breaking up street paving, underground utility or service lines required to be installed as part of a subdivision and which are planned to run across or underneath a street or alley right-of-way shall be installed before the preparation of subgrade and before the surfacing of any streets or alleys. In the event that the development of the subdivision requires the utility company to perform utility construction work, the developer shall pay a deposit satisfactory to the utility company within sufficient time to allow construction work to be performed before subgrade preparation. In no event shall subgrade preparation commence before installation of all necessary utilities and laterals.

   (b)   Inspection of Improvements. The inspection of the construction and installation of required subdivision improvements shall occur as follows.

      (1)   Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the County. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the Director of Public Works shall be made for any emergency work that may be required.

      (2)   Inspection Procedures.

         (A)   Inspections Required. The agency that has required a specific action shall make any inspections as it deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the agency, the developer shall enter into an agreement with the County to pay the full cost of any contract inspection services determined to be necessary by that agency.

         (B)   Access to Site and Materials. The agency that has required a specific action shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in compliance with the approved improvement plans.

         (C)   Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the agency that has required a specific action. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

         (D)   Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the agency that has required a specific action. In the event that the agency determines that subdivision improvements are not being constructed as required by the approved plans and specifications, it shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume the work. Any work done after issuance of a stop work order shall be a violation of this Chapter.

      (3)   Notification. The subdivider shall notify the Director of Public Works as part of condition compliance upon the completion of each stage of construction before recordation as outlined in this Chapter. Further construction may only be completed if all required actions included in the conditions of approval have been accomplished and signed off by the agency that has required the action(s).

(Ord. 4011, passed - -2007)

      (1)   As authorized herein, the owner of a “subdivision” (defined for purposes of this Subdivision (d) as a residential subdivision with more than five lots up to a maximum lot size of two acres or a commercial or industrial subdivision) may, in lieu of posting the security described in Subdivision (c) of this Section, enter into an agreement with the County to construct the required improvements in the future, securing such performance by granting the County a lien on the property to be subdivided. Such an agreement shall be known as a “Lien Agreement.”

      (2)   Where the Director of the Department of Public Works finds that it would not be in the public interest to require the installation of the required improvements sooner than two years after recordation of the map, the owner of the subdivision may execute a Lien Agreement with the County at the time the owner of the subdivision enters into an Improvement Agreement with the County to construct required improvements pursuant to this Section. A Lien Agreement may also be used to substitute existing security which was furnished under Subdivision (c) of this Section; provided, however, that use of a Lien Agreement as substitution for existing security shall be at the County's sole option. Notwithstanding any provisions of the foregoing to the contrary, however, the County will not accept a Lien Agreement from any owner of a subdivision, either at the time of execution of the Improvement Agreement, or as a substitute for existing security, if any lots have been sold, if construction permits (including but not limited to building or grading permits), have been issued on any of the property, or if construction of any of the required improvements has begun.

      (3)   Notwithstanding the above, the County may accept a Lien Agreement from any owner of a subdivision as a substitute for existing security if grading has commenced on the land to be divided so long as the grading is in strict accordance with a valid grading permit and all the following are met:

         (A)   There is no need for the County to construct the required improvements if the subdivision is abandoned or delayed for any period of time or for any other reason;

         (B)   The grading has no effect on the use, operation and maintenance of existing streets or highways, public or private;

         (C)   The grading has not caused the modification or closure of any public access points, existing streets or highways, public or private;

         (D)   Additional drainage improvement and/or erosion controls are not necessary and/or installed in the road right-of-way due to the grading;

         (E)   Delay of the construction of the required improvements for the subdivision does not affect or delay the improvements of an adjacent subdivision project upon which work on its required improvements has already commenced.

      (4)   Lien Agreements shall:

         (A)   Be used only when in the absence of this Subdivision, the owner of the subdivision would be required to construct or agree to construct the improvements required by the Director of the Department of Public Works.

         (B)   Be used to secure future improvements in easements, rights-of-way, rejected offers of dedication or irrevocable offers of dedication.

         (C)   Be in an approved form acceptable to County Counsel.

         (D)   Contain an itemization of the required improvements and an estimate of costs approved by the Director of the Department of Public Works, and shall specify that the obligation of the owner of the subdivision or any subsequent owner extends to the actual cost of construction if such costs exceed the estimate.

         (E)   Be recorded with the County Recorder and have the priority of a judgment lien as prescribed by Government Code § 66499(b) or its successor. The recorded Lien Agreement shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the County. From the time of the recordation of the Lien Agreement, a lien shall attach to the property in an amount necessary to complete the required improvements. Under no circumstance shall the County agree to subordinate the lien.

         (F)   Be approved concurrently with the approval of the map with a note of the Lien Agreement’s existence placed on the map, except where the Lien Agreement is being substituted after map approval for other security already deposited, in which case the Lien Agreement shall be signed and acknowledged by all parties having any record title interest in the real property, as prescribed by Government Code § 66436 or its successor, consenting to the subordination of their interests to the Lien Agreement.

         (G)   Be allowed only where the owner of the subdivision provides a title insurance policy and current title report from a title company approved by the County that documents that the owner of the subdivision is the record owner of the real property to be divided, and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. The title insurance policy and title report shall be submitted to the Department of Public Works within 90 days prior to the execution of the Lien Agreement. In addition, an updated title insurance policy and title report shall be submitted to the Department of Public Works on the day of the recordation of the Lien Agreement.

      (5)   The Lien Agreement shall provide that the owner of the subdivision shall substitute acceptable security for the Lien Agreement and commence to construct the required improvements within two years following recordation of the map, or, in the case of a Lien Agreement which has been substituted for existing security, within two years following recordation of the Lien Agreement.

      (6)   For Lien Agreements executed at the time of recordation of the map, the time for substitution of acceptable security and commencement of construction of the required improvements may be extended up to two times, each extension for a period not to exceed one year, by the Director of the Department of Public Works. The Director of the Department of Public Works may not grant such extensions if the owner of the subdivision has substituted a Lien Agreement for security originally furnished. The Board of Supervisors, however, on its own motion or at the request of the owner of the subdivision, may grant additional time extensions, on a case-by-case basis, as it deems appropriate, for substitution of acceptable security and commencement of construction of the required improvements pursuant to agreements secured either by Lien Agreements executed at the time of recordation of the map, or Lien Agreements substituted for existing security.

      (7)   During the term of the Lien Agreement, legal ownership of the property to be subdivided shall be transferred to a title company approved by the Director of the Department of Public Works. No individual lots may be sold while the Lien Agreement is in force. Fee title to the entire property encumbered by the Lien Agreement, however, or to all lots designated on any individual final map which is encumbered by the Lien Agreement, may be sold in the aggregate to a single purchaser, provided that the proposed purchaser of the property must, prior to assuming title to the property, either execute a new Lien Agreement in a form acceptable to the County which will encumber the property to be conveyed, specifying the respective obligations of the owners of property subject to the original and such new Lien Agreement, or provide acceptable alternative security for the improvements the County requires be constructed as a condition to development of the property conveyed. Any new Lien Agreement must require that acceptable security be substituted therefore, and the improvements secured thereby commenced by the same date provided in the Lien Agreement with the original owner, unless such date shall be extended as provided above.

      (8)   At the time of the approval of a Lien Agreement by the Board of Supervisors, the owner of the subdivision shall provide a cash deposit in the amount of $15,000.00 to the Department of Public Works for the purpose of reverting the property to acreage if the owner of the subdivision breaches the terms of the Lien Agreement. In addition, at such time as title to any property subject to a Lien Agreement shall be conveyed, the transferee thereof, if such transferee executes a new Lien Agreement to secure construction of the improvements imposed upon such property as described above, shall also provide a cash deposit in the amount of $15,000.00 to the Department of Public Works for the purpose of reverting the property to acreage if the owner of the subdivision breaches the terms of the Lien Agreement. The effect of these requirements shall be that each owner of property which is encumbered by a Lien Agreement shall at all times have $15,000.00 per Lien Agreement encumbering such owner's property on deposit with the County for the purpose described herein. Any unused portion of any such deposit shall be refunded to the owner of the subdivision following completion of such reversion. If the costs of reverting the property to acreage exceed $15,000.00, the owner of the subdivision shall pay such additional costs to County prior to recordation of the reversion to acreage map.

      (9)   When a Lien Agreement is utilized as security upon approval of the map, offers of dedication for street purposes will not be accepted until the Lien Agreement is released following substitution of acceptable alternative security and the required improvements are completed to the satisfaction of the Director of the Department of Public Works.

      (10)   The Lien Agreement shall be released upon substitution by the owner of the subdivision of acceptable security for the Lien Agreement in order to begin construction of the required improvements, or recordation of a reversion to acreage map.

      (11)   The property to be subdivided must have sufficient equity to cover the estimated delayed infrastructure cost at the time the Lien Agreement is processed. The total estimate of delayed infrastructure costs shall not exceed 50 percent of the appraised value. The County shall obtain a state certified general real estate appraiser, at the developer’s expense, to determine the property’s value, equity, and conditions of title.

      (12)   Prior to the approval of any time extension of the Lien Agreement, the Director of the Department Public Works, in his or her sole discretion, may require re-evaluation of the property’s value at the developer’s expense. If the lien amount exceeds 50 percent of the appraised value, the County may elect to revert the property to acreage utilizing the cash deposit.

      (13)   In no instance shall the Lien Agreement compel the County to construct the required improvements.

(Ord. 4011, passed - -2007; Am. Ord. 4116, passed - -2010; Am. Ord. 4243, passed - -2014; Am. Ord. 4393, passed - -2020)

   This Chapter provides standards for the preparation and review of soils reports, in compliance with the Map Act Chapter 4, Article 7.

(Ord. 4011, passed - -2007)

   A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision for which a Final Map is required or when required as a condition of development when soils conditions warrant the investigation and report. The preliminary soils report shall be submitted with the Tentative Map application.

   (a)   Form of Report. A preliminary soils report may be divided into two parts:

      (1)   Soils Reconnaissance. The soil reconnaissance shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils related hazards and problems, and proposed methods of eliminating or reducing these hazards and problems; and

      (2)   Soils Investigation and Report. This investigation and report shall include field investigation and laboratory tests with detailed information and recommendations relative to all aspects of grading, filling, and other earthwork, foundation design, pavement design and subsurface drainage.

         (A)   The report shall also recommend any required corrective action for the purpose of preventing structural damage to subdivision improvements and the structures to be constructed on the parcels. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

         (B)   If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and shall be submitted to and approved by the Building Official before approval of a Parcel or Final Map.

   (b)   Preliminary Soils Report Waiver. The preliminary soils report may be waived if the Building Official determines that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

(Ord. 4011, passed - -2007)

   A final soils report prepared by a registered civil engineer shall be required where a preliminary soils report was required, unless the final report is waived by the Building Official.

   (a)   Filing of Report. The final soils investigation and report shall be filed with the improvement plans.

   (b)   Content of Report.

      (1)   The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

      (2)   The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions, or modifications not shown on the approved plans.

(Ord. 4011, passed - -2007)

   If the Building Official determines that conditions warrant, a geologic investigation and report may also be required.

(Ord. 4011, passed - -2007)