Sec. 21-31. - General.

The tentative map shall be filed and processed in accordance with the Subdivision Map Act, the provisions of this chapter, and any other applicable law or ordinance.

(Ord. No. 351, 9-4-73; Ord. No. 559, § 13, 2-4-97)

Sec. 21-32. - Filing procedure.

The subdivider shall file with the planning division of the community development agency at least 20 copies of the tentative map. The subdivider shall provide a reproducible copy of the original if requested by the planning division of the community development agency. A tentative map shall be considered filed at the time when all requirements of sections 21-31 through 21-35 of this article have been met.

(Ord. No. 351, 9-4-73; Ord. No. 559, § 14, 2-4-97; Ord. No. 599.1, § 6, 7-28-09)

Sec. 21-33. - Filing fee.

At the time of filing the tentative map, the subdivider shall pay the planning division of the community development agency a nonrefundable fee in an amount established by resolution or order of the board of supervisors.

(Ord. No. 351, 9-4-73; Ord. No. 395, § 6, 10-23-79; Ord. No. 559, § 15, 2-4-97; Ord. No. 599.1, § 7, 7-28-09)

Sec. 21-34. - Form of tentative map.

Tentative maps shall be a minimum of eight and one-half inches by 11 inches and a maximum of 24 inches by 36 inches in size. There shall be a marginal line drawn completely around the drawing, leaving one inch blank margin. The scale shall be large enough to show all details clearly. Division one of the advisory agency and the secretary of division two of the advisory agency may require a larger scale than submitted if deemed necessary for clarity.

(Ord. No. 351, 9-4-73; Ord. No. 559, § 16, 2-4-97; Ord. No. 599.1, § 8, 7-28-09)

Sec. 21-35. - Information on tentative map.

(a)

Every tentative map shall be clear and legible and shall contain thereon the following information:

(1)

A tract number as assigned by the secretary of the advisory agency.

(2)

Name and address of the owner(s) of record of the property to be subdivided, and name and address of the subdivider(s) if the owner(s) is/are not the subdivider(s).

(3)

The assessor's parcel number or numbers of the land to be divided.

(4)

Name of the registered civil engineer, licensed land surveyor, or person who prepared the map.

(5)

A vicinity map indicating the location of the proposed subdivision in relation to the surrounding area or region.

(6)

Date of preparation, north arrow, and scale.

(7)

Approximate acreage of parcel to be subdivided and the acreage or square feet proposed for each lot in the subdivision.

(8)

Exterior boundary lines of the total area to be divided.

(9)

The location, names, width, and curve radii of all existing or proposed alleys, roads, streets, highways and ways adjacent to or within the proposed subdivision. Profiles shall be required where the grade exceeds three percent.

(10)

Contour lines drawn to intervals of one foot, and/or spot elevations shown on a maximum grid of 100 feet in each direction. Contour lines are required when grades in the subdivision exceed one percent.

(11)

The width and location of all existing or proposed easements or rights-of-way, whether public or private, for roads, drainage, sewers, public utilities, flood control purposes, or any other purpose.

(12)

Lot numbers, lot lines and approximate dimensions.

(13)

Location and approximate dimensions of proposed public areas.

(14)

Waivers of rights of access to and from streets, lots and other parcels of land and the location and approximate width of reserve strips.

(15)

Location of existing structures, irrigation ditches, water wells, pipelines, railroads, utility lines, and other physical features. Any existing structures or physical features which are to be left in place shall be so noted.

(16)

Location of specific plan lines.

(17)

Location of city boundary lines and boundary lines of any public district which may lie within 300 feet of the exterior boundary line of the proposed subdivision.

(18)

Location and widths of watercourses and areas subject to flooding.

(19)

Approximate location and species of all existing and proposed trees or groups of trees located within the proposed subdivision.

(20)

Boundaries and order of stage development of the proposed subdivision.

(21)

Proposed name of subdivision, if any. No existing subdivision name may be reused. Phased developments may reuse a previous phase name by adding the words "Unit No. 2", etc. Subdivisions contiguous to other subdivisions may reuse the previous name by adding the word "addition."

(22)

The existing and proposed zoning of the property to be divided.

(b)

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

(1)

Existing uses of property.

(2)

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

(3)

Source of water supply (system of supply and distribution).

(4)

Proposed method of sewage disposal.

(5)

Proposed stormwater sewer or other means of drainage disposal.

(6)

Type of street improvement.

(7)

A preliminary title report.

(8)

All other improvements proposed to be made or installed.

(9)

The time when improvements are proposed to be made or installed (before or after final map recordation?).

(10)

Description and location of community facilities which would serve the proposed subdivision.

(11)

Minimum lot size and average lot size.

(12)

Justification and reasons for any exceptions to the provisions of this chapter.

(13)

If the subdivider desires that notices, reports and other communications from the advisory agency, board of supervisors, and other officers and agents of the county be sent to him in care of his engineer, he shall attach to the tentative map a statement to that effect. If such a statement is attached to the tentative map, all notices, reports and communications required under the provisions of this chapter shall be sent to the engineer.

(14)

Soil report. At the time of filing the tentative map, the subdivider shall file with the advisory agency a preliminary soils report on the subdivision prepared by a registered civil engineer. Said preliminary soils report shall be based upon test borings or excavations which the county building official determines to be adequate. The county building official may waive the preliminary soils report if he determines that because of the knowledge of his department as to the soil qualities of the subdivision, no preliminary analysis is needed. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, which if not corrected, could lead to structural defects, a soil investigation shall be prepared by a civil engineer registered in the State of California and shall recommend corrective action which is likely to prevent possible structural damage to each dwelling or structure proposed to be constructed within the subdivision.

(15)

Representative percolation tests at site locations, taken in accordance with the "Manual of Septic Tank Practice" by the U.S. Health Service, PB 218 226, shall be submitted if septic tanks are proposed or if stormwaters are to be contained on the lots, and percolated.

(16)

If the depth of ground water, as determined from information provided by the health department is less than 30 feet, its expected annual minimum depth, taking into account annual variation and fluctuations in adjacent water ways, shall be submitted. If the source of water supply is to be located within the subdivision the expected depth to the potable water shall be reported.

(17)

A checklist stating that all information required on the tentative map is included with the application and signed by the applicant or his, or her, agent.

Any tentative map submitted without the foregoing information shall be returned to the applicant, and when so returned, no further action by the advisory agency will be taken until the omitted information is furnished to the advisory agency.

(Ord. No. 351, 9-4-73; Ord. No. 362, § 3, 2-25-75; Ord. No. 559, § 17, 2-4-97)

Sec. 21-36. - Review and approval or disapproval.

(a)

The appropriate division of the advisory agency shall review a filed tentative map and report upon the map directly to the applicant and the board of supervisors in the manner prescribed in the Subdivision Map Act after holding a properly noticed public hearing. Prior to taking an action on a tentative map, the advisory agency shall consult with city officials, school officials, and other public agencies which may be affected by the proposed subdivision.

A tentative map may be approved, or conditionally approved by the advisory agency only if all requirements of state law, this chapter, and other applicable laws, regulations, and policies of the board of supervisors are complied with or can be conditionally met.

An approved or conditionally approved tentative map shall expire 36 months after its approval or conditional approval.

(Ord. No. 351, 9-4-73; Ord. No. 403, § 1, 7-29-80; Ord. No. 559, § 18, 2-4-97)

Sec. 21-37. - Appeals procedure.

The applicant, or any tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative, may appeal the action of the advisory agency to the board of supervisors in the manner set forth in the Section 66452.5 of the Subdivision Map Act. The board of supervisors shall hold a hearing on the appeal before rendering its decision.

Any interested person adversely affected by the decision of the advisory agency may file an appeal with the board of supervisors within ten days of the advisory agency's action. The appeal shall be processed pursuant to the requirements of Section 66452.5(d) of the Subdivision Map Act. The board of supervisors shall hold a hearing on the appeal prior to rendering its decision."

(Ord. No. 351, 9-4-73; Ord. No. 559, § 19, 2-4-97; Ord. No. 599, § 9, 6-19-01)

Sec. 21-38. - Reserved.

Editor's note—

Ord. No. 559, § 20, adopted Feb. 4, 1997, repealed § 21-38, which pertained to review by board of supervisors. See the Code Comparative Table.

Sec. 21-39. - Extension of approval of tentative map.

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended for a period or periods of time not exceeding a total of three years. However, the total extension time may not be more than three years beyond the end of the original approval.

Before granting any extension the advisory agency may request additional conditions. However, if the subdivider does not agree to the new conditions the extension may be denied if the advisory agency finds, based on justifying evidence, that unless the condition is imposed, the development will be injurious to public health, safety or general welfare. In such a case the tentative map will expire. The subdivider may immediately submit a new tentative map to which the new condition can be attached. Such additional conditions may be appealed in the same manner as the original approval of the tentative map.

(Ord. No. 403, § 2, 7-29-80; Ord. No. 559, § 21, 2-4-97; Ord. No. 599, § 10, 6-19-01)

Sec. 21-40. - Vesting tentative maps.

(a)

A vesting tentative map is a tentative map as defined in the Subdivision Map Act which shall have printed conspicuously on its face the words "vesting tentative map" and which is processed in accordance with this article.

(b)

Whenever a tentative map is required by this chapter or the Subdivision Map Act, a vesting tentative map may be filed instead. If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be required as a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(c)

A vesting tentative map shall be processed in the manner provided for tentative maps in this article. A vesting tentative map shall be filed in the same form and with the same content as provided in this Article except that the words "vesting tentative map" shall be conspicuously printed on the face thereon.

(d)

A vesting tentative map shall expire and be subject to the same extensions as apply to a tentative map as set forth in this chapter.

(e)

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those ordinances, policies and standards in effect as of the date the application for a vesting tentative map is determined to be complete, or as otherwise permitted by Government Code Section 66474.2. If Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. Approval of a vesting tentative map shall in no way limit or diminish the authority of the county to deny or impose reasonable conditions in conjunction with subsequent approvals relating to the project provided the county applies those ordinances, policies and standards in effect at the time of approval of the vesting tentative map.

(f)

Notwithstanding subsection (e), the county may condition or deny a permit, approval, extension, or entitlement for use based upon ordinances, policies and standards enacted subsequent to the time the vesting tentative map is approved or conditionally approved if any of the following are determined:

(1)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

(2)

The condition or denial is required in order to comply with state or federal law.

(g)

The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. After the final map is approved, the rights referred to in this section shall apply for the time periods specified in section 21-39 of this chapter.

(h)

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The county shall deny such a vesting tentative map, or approve it conditioned upon the subdivider obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with development in substantial compliance with the change in the zoning ordinance and the map as approved.

(Ord. No. 559, § 22, 2-4-97)