Chapter 14.01
SUBDIVISION REGULATIONS Amended Ord. 5239

Sections:

Part I. GENERAL PROVISIONS AND DEFINITIONS

14.01.010    Citation of chapter.

14.01.105    Definitions.

14.01.105-A    “A” definitions.

14.01.105-B    “B” definitions.

14.01.105-C    “C” definitions.

14.01.105-D    “D” definitions.

14.01.105-E    “E” definitions.

14.01.105-F    “F” definitions.

14.01.105-G    “G” definitions.

14.01.105-H    “H” definitions.

14.01.105-I    “I” definitions.

14.01.105-J    “J” definitions.

14.01.105-K    “K” definitions.

14.01.105-L    “L” definitions.

14.01.105-M    “M” definitions.

14.01.105-N    “N” definitions.

14.01.105-O    “O” definitions.

14.01.105-P    “P” definitions.

14.01.105-Q    “Q” definitions.

14.01.105-R    “R” definitions.

14.01.105-S    “S” definitions.

14.01.105-T    “T” definitions.

14.01.105-U    “U” definitions.

14.01.105-V    “V” definitions.

14.01.105-W    “W” definitions.

14.01.105-X    “X” definitions.

14.01.105-Y    “Y” definitions.

14.01.105-Z    “Z” definitions.

14.01.107    Applicability. Amended Ord. 5239

14.01.107.4    Approval of lot line adjustment application.

14.01.107.5    Designated remainder and omitted parcels.

14.01.108    Parcel legality status determination.

14.01.109    Certificate of compliance.

14.01.110    Combination of parcels by action of owner.

14.01.111    Merger.

14.01.112    Parcels in violation of land division laws.

14.01.113    Annexation after final map approval.

14.01.114    Annexation without final map approval.

14.01.115    Parcel legality determinations.

Part II. MAPS

Article I. General

14.01.201    Map requirements.

14.01.201.4    Waiver of requirements of tentative and parcel or final map for conversion of mobile home park to resident ownership.

14.01.201.5    Waiver of requirements of parcel map.

14.01.202    Community apartment projects, condominiums, stock cooperatives and townhouses.

14.01.203    Parcel map exemptions.

14.01.204    Maps to be recorded.

14.01.205    Consent of owners.

Article II. Tentative Maps

14.01.206    Form and content of tentative maps.

14.01.207    Preliminary engineered improvement plans.

Article III. Final Maps

14.01.208    Form and content of final maps.

14.01.209    Affidavits and certificates on final maps.

14.01.210    Nondedicated streets.

14.01.211    County Surveyor’s certification.

Article IV. Parcel Maps

14.01.212    Form and content of parcel maps.

14.01.213    Survey basis for parcel map.

14.01.214    Certificates.

Part III. PROCEDURE

Article I. General

14.01.301    Applicability.

14.01.302    Extension of time limits.

14.01.303    Processing fee set by resolution.

14.01.304    Notice.

Article II. Tentative Maps

14.01.305    Application.

14.01.305.1    Notice to school districts.

14.01.306    Number of tentative map copies required.

14.01.307    Effective time of filing.

14.01.308    Tentative map for which a parcel map or a final map is required—Processing.

14.01.308.1    Report to subdivider.

14.01.309    Repealed.

14.01.310    Failure to act within time limits—Automatic approval.

14.01.311    Repealed.

14.01.312    Appeals from actions taken on a tentative map by Commission.

14.01.313    Complaint by interested person—Filing.

14.01.313.1    Special consideration by Board.

14.01.314    Failure to act on appeals—Effect.

14.01.315    Expiration of tentative maps.

14.01.316    Extension of time to file final or parcel maps.

14.01.316.5    Amendments to subdivision approvals.

Article III. Environmental Review

14.01.317    Protection of the environment.

Article IV. Review of Tentative Map by Other Agencies

14.01.318    Review by cities.

14.01.319    Review by State.

14.01.320    Review by Intergovernmental Management Office.

14.01.321    Review by Coastal Commission.

Article V. Final Maps

14.01.322    General.

14.01.322.5    Multiple final maps.

14.01.323    Filing map.

14.01.324    Accompanying data.

14.01.325    Time for filing.

14.01.326    Filing map with both city and County.

14.01.327    Board action on final map.

14.01.328    Subdivider agreement for improvements.

Article VI. Parcel Maps

14.01.329    General.

14.01.330    Filing map.

14.01.330.5    Multiple parcel maps.

14.01.331    Accompanying data.

Article VII. Filing Maps with Recorder

14.01.332    Final map.

14.01.333    Parcel map.

14.01.334    Final proof of ownership.

14.01.335    Recording—Time limit.

14.01.336    Recorder’s certificate—Indexing.

14.01.337    Recording fee.

14.01.338    Preservation of maps—Prints.

14.01.339    Recordation—Constructive notice.

Article VIII. Correction and Amendment of Maps

14.01.340    Method of correcting recorded maps.

14.01.341    Authority to amend map content.

14.01.342    County Surveyor’s certification.

14.01.343    Recording.

Article IX. Reversion to Acreage

14.01.344    Method of reverting land to acreage.

14.01.345    Initiative to revert.

14.01.346    Fee.

14.01.347    Public hearing—Notice.

14.01.348    Findings required.

14.01.349    Required conditions.

14.01.350    Effect upon recordation.

Part IV. REQUIREMENTS

Article I. General

14.01.401    Compliance with this chapter.

14.01.402    Compliance with General Plan—Area plan—Zoning.

14.01.403    Denial of approval—Findings.

14.01.404    Final map approval based on compliance with tentative map.

14.01.405    Parcel map approval based on compliance with tentative map.

14.01.406    Land projects—Approval—Limitations.

14.01.407    Sanitary waste considerations.

14.01.407.2    Solar design considerations.

14.01.407.5    Agricultural notification.

Article II. Dedications

14.01.408    General.

14.01.409    Bicycle paths, pedestrian paths.

14.01.410    Access rights—Waiver.

14.01.411    Parks—Recreation.

14.01.412    Acceptance—Rejection of dedications.

14.01.413    Rejection of offer—Later acceptance.

14.01.414    Waterfront access—Acceptance—Time limit.

14.01.415    Termination of offers—Abandonment.

14.01.416    Termination of offers—Expiration of time.

14.01.417    Effect of reversion or resubdivision on offers.

14.01.418    Time of acceptance.

14.01.419    School sites.

Article III. Public Access to Public Resources

14.01.420    General.

14.01.421    Waterways—Reasonable access.

14.01.422    Banks of waterways—Easements.

14.01.423    Designation—Public agencies.

14.01.424    Limitations.

14.01.425    Coastline.

14.01.426    Lakes—Reservoirs.

14.01.427    Property in excess of 40 acres.

14.01.428    Reasonable access—Determination.

Article IV. Fees

14.01.429    Maps and plans.

14.01.430    Appeals, complaints, and time extensions.

14.01.431    Improvement plan checking and construction inspection.

Article V. Soils Report

14.01.432    Preliminary.

14.01.433    Waiver.

14.01.434    Further investigation.

14.01.435    Corrective action—Approval.

Article VI. Taxes and Assessments

14.01.436    Auditor-Controller’s certification.

14.01.437    Security—Liens.

Part V. IMPROVEMENTS

Article I. General

14.01.501    Criteria.

14.01.502    Repealed.

14.01.503    Requirements for parcel maps.

14.01.504    Requirements tied to final maps.

14.01.505    Approval of plans by the Director of Public Works.

14.01.506    General.

Article II. Construction Inspection

14.01.507    Superintendence.

14.01.508    Access for inspection.

14.01.509    Notification—Required inspections.

14.01.510    Agreement.

14.01.511    Security—Bonds—Deposits.

14.01.512    Grading improvements not permitted prior to recording the final map—Waiver.

14.01.513    Acquisition of property interests for off-site improvements.

Part VI. VESTING TENTATIVE MAPS

14.01.601    Citation and authority.

14.01.602    Purpose and intent.

14.01.603    Consistency.

14.01.604    Definitions.

14.01.605    Application.

14.01.610    Filing and processing.

14.01.611    Fees.

14.01.614    Processing procedures.

14.01.620    Effect of approval or conditional approval of vesting tentative map.

14.01.625    Expiration of maps.

14.01.630    Extension or tolling of expiration of maps.

14.01.635    Amendment of maps.

Part I. GENERAL PROVISIONS AND DEFINITIONS

14.01.010 Citation of chapter.

This chapter may be cited as the Santa Cruz County subdivision ordinance, and shall supplement and implement the State Subdivision Map Act contained in Section 66410 et seq. of the Government Code.

14.01.105 Definitions.

The definitions in SCCC 14.01.105-A through 14.01.105-Z apply to the provisions of this chapter only and do not affect any other provisions of law. [Ord. 3469 § 1, 1983].

14.01.105-A “A” definitions.

Advisory Agency.

(1)    For Tentative Map Where a Final Map Is Required and Which Results in 20 or More Lots or Units. The Planning Commission is the “Advisory Agency” under Section 66452.1(a) of the Government Code and is empowered to make recommendations to the Board regarding tentative maps where a final map is required to be filed by the Subdivision Map Act and this chapter and which results in 20 or more lots or units.

(2)    For Tentative Maps Where a Parcel Map or a Final Map Is Required and Which Results in Two to 19 Lots or Units. The Planning Commission is the “Advisory Agency” under Section 66452.1(b) of the Government Code and is empowered to approve any tentative map where a parcel map or final may is required by the Subdivision Map Act and this chapter and which results in two to 19 lots or units.

“Affected property” means any property whose buildings, fences, other structures or vegetation interfere with, or are likely in the future to interfere with, the solar access of the existing or proposed solar energy system.

“Approving Body” means the Planning Director, Planning Commission, or Board of Supervisors which makes a final decision on an application or appeal under this chapter. [Ord. 4243 § 1, 1993; Ord. 4181 § 1, 1992; Ord. 3469 § 1, 1983].

14.01.105-B “B” definitions.

“Benefitted property” means any property whose solar access may be adversely affected by construction or vegetation on the parcel for which a development permit is being requested.

“Board” means the Board of Supervisors of the County of Santa Cruz. [Ord. 4132 § 1, 1991; Ord. 3469 § 2, 1983].

14.01.105-C “C” definitions.

“Code” means the Santa Cruz County Code.

“Commission” means the Planning Commission of the County of Santa Cruz.

“Community apartment project” means a division of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon, as defined in Section 11004 of the Business and Professions Code.

“Condominium” means a division of real property into lots or parcels, including parcels of air space and an undivided proportionate share of interest in the common areas and facilities and as further defined in Section 783 of the Civil Code of the State of California.

“County” means Santa Cruz County, California.

“County Surveyor” means the Santa Cruz County Surveyor or his authorized representative.

14.01.105-D “D” definitions.

Design.

(1)    Street alignments, grades and widths;

(2)    Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3)    Location and size of all required easements and rights-of-way;

(4)    Fire roads and firebreaks;

(5)    Lot size and configuration;

(6)    Traffic access;

(7)    Grading;

(8)    Land to be dedicated for park or recreational purposes; and

(9)    Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to, or implementation of, the General Plan.

“Designated remainder parcel” means a portion of a subdivision of any unit or units of improved or unimproved land which is not divided for the purpose of sale, lease, or financing. If the proposal includes a designated remainder parcel, and the gross area of the designated remainder parcel or similar parcel is less than five acres, that remainder parcel shall be shown on the map. A parcel designated as “not a part” shall be deemed to be a designated remainder for the purposes of this chapter.

“Director” means the Santa Cruz County Planning Director.

“Director of Public Works” means the Santa Cruz County Director of Public Works or his authorized representative.

“Dwelling” means a structure for human habitation providing complete independent living facilities for one or more persons. [Ord. 4102 § 5, 1990].

14.01.105-E “E” definitions.

Reserved.

14.01.105-F “F” definitions.

Reserved.

14.01.105-G “G” definitions.

Reserved.

14.01.105-H “H” definitions.

“Health Officer” means the Santa Cruz County Health Officer or his authorized representative.

14.01.105-I “I” definitions.

Improvement.

(1)    Such street work and utilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivisions and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof;

(2)    Such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, or any other entity approved by the County or by a combination thereof, is necessary or convenient to ensure conformity to, or implementation of, the General Plan.

14.01.105-J “J” definitions.

Reserved.

14.01.105-K “K” definitions.

Reserved.

14.01.105-L “L” definitions.

“Limited-equity housing cooperative” means a corporation which meets the criteria of Section 11003.2 and any successor provisions of the Business and Professions Code, and Section 3007.5 and any successor provisions of the Health and Safety Code.

“Lot line adjustment” means a re-orientation of a property line or property lines between two or more existing adjacent parcels, where the land taken from the one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created. A lot line adjustment includes a minor lot line adjustment.

“Lot line adjustment, minor” means a relocation of a property line meeting any one of the following sets of criteria:

(1)    Relocation of lot lines, regardless of whether the parcels involved are conforming or nonconforming to the zoning ordinance (either before or after the lot line adjustment), to cure a structural encroachment (otherwise lawfully developed) where the resulting lot line coincides with the required minimum setbacks from the encroaching structure, or any approved variance therefrom; or

(2)    Relocation of lot lines, regardless of whether the parcels involved are conforming or nonconforming to the County zoning ordinance (either before or after the lot line adjustment), where each parcel involved has been lawfully developed with a structure (residential, commercial, or industrial) and each parcel contains the same land area after the lot line adjustment as it contained before the lot line adjustment; or

(3)    Relocation of lot lines among four or fewer parcels which meet in at least one point or share common boundaries where each parcel involved is a separate legal parcel, each meets the minimum parcel size required by the zoning designation, and each has obtained a determination of buildability, both currently and as adjusted. The term “minimum parcel size required by the zoning designation” shall mean the minimum parcel size allowed by any of the following:

(a)    The zoning ordinance adopting a density designation for the parcel in question;

(b)    If the zoning is inconsistent with the General Plan, the lowest density end of the density range allowed by the General Plan density designation; or

(c)    If the zoning density is required to be determined pursuant to the rural matrix calculation under Chapter 13.14 SCCC, the highest density end of the density range allowed by the General Plan density designation. No matrix calculation shall be required for this purpose. [Ord. 4496-C § 69, 1998; Ord. 4281 § 1, 1993; Ord. 4132 § 2, 1991].

14.01.105-M “M” definitions.

“Meander line” means a traverse line which follows the edge of a body of water. It is not a property line, but is retraceable.

“Minor land division” means a subdivision of land where a parcel map is required by SCCC 14.01.201.

“Multifamily dwelling” means a structure containing more than one dwelling unit and designed for permanent occupancy or occupied by more than one family.

14.01.105-N “N” definitions.

Reserved.

14.01.105-O “O” definitions.

Reserved.

14.01.105-P “P” definitions.

“Parcel, lot or condominium unit” means units of measure for the purpose of determining the classification of a subdivision as noted in SCCC 14.01.201.

“Plan line” means a graphical representation on an aerial photograph (one inch equals 20 feet) of an approved route concept or design criteria standards, as approved by the Board of Supervisors, depicting the ultimate improvement guidelines for a specific street segment, and a written summary of potential impacts and an engineer’s estimate for improvement costs. The plan line shall generally include guidance on the number and location of travel and turn lanes, bike lanes, on-street parking, roadside improvements, transit facilities, utility corridors, and estimates of required right-of-way. [Ord. 4281 § 2, 1993; Ord. 4189 § 1, 1992; Ord. 4132 §§ 3, 4, 1991].

14.01.105-Q “Q” definitions.

Reserved.

14.01.105-R “R” definitions.

“Recorder” means the Santa Cruz County Recorder or his authorized representative.

14.01.105-S “S” definitions.

“Shadow plan” means a document submitted by subdividers which includes some or all of the following information in addition to the information required in SCCC 14.01.206: the location, height and shadow patterns of major vegetation, buildings, and other structures on the proposed site and on all affected and benefitted properties; the location of proposed building envelopes; the location of any existing solar energy systems on benefitted properties; and the approximate distances between structures, vegetation and the southfacing glass or solar energy system. Shadow patterns are those cast on the twenty-first of December between 10:00 a.m. and 2:00 p.m., Pacific Standard Time. Narrative description of why solar access is unavailable to any lot within the subdivision may be required.

“Solar access” means the ability of sunlight to strike a solar energy system. For the purpose of this chapter, protection of solar access requires locating buildings and trees where their shadows will not obstruct more than 10 percent of the sunlight available to the solar energy system between the hours of 10:00 a.m. and 2:00 p.m., Pacific Standard Time, on December 21st.

“Solar energy system” means any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity. Glazing facing within 45 degrees of south is protected, under the provisions of this title, as a solar energy system when at least 60 percent of the space heating load for the building is supplied by solar energy.

“Stock cooperative” means a corporation holding title to improved real property where substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property as further defined in Section 11003.2 of the Business and Professions Code.

“Street” means a highway, road, or right-of-way designed for vehicle access.

“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for himself or for others, except that employees and consultants of such person or entities acting in such capacity are not “subdividers.”

Subdivision.

(1)    The division, by any subdivider, of any improved or unimproved land, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units if it is separated by roads, streets, utility easement or railroad rights-of-way.

(2)    Subdivision includes a condominium project as defined in Section 1350 of the Civil Code, or a community apartment project as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, “agricultural purposes” means the cultivation of food, fiber, flowers, or ornamental plants, or the grazing or pasturing of livestock.

(3)    Subdivision also includes any judicially ordered divisions of real property, including, but not limited to, divisions ordered in partition actions and divisions made in connection with probate proceedings, and said subdivisions are subject to all the provisions of this chapter.

(4)    Any open space area which is to be held in common by owners of dwelling units within a subdivision shall not be considered a parcel for purposes of computing the number of parcels in a subdivision.

“Subdivision Map Act” means the California Subdivision Map Act (commencing with Section 66410 of the Government Code). [Ord. 3469 § 3, 1983; Ord. 3276 § 1, 1982; Ord. 3228 § 1, 1982].

14.01.105-T “T” definitions.

“Tentative map” means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and such map need not be based upon an accurate or detailed final survey of the property.

“Townhouse project” means a real estate development consisting of separately owned lots, parcels, or areas, with one or more additional contiguous or non-contiguous lots, parcels or areas owned in common by the owners of the separate lots, parcels, or areas; as defined in Business and Professions Code, Sections 11003 and 11003.1. [Ord. 3165, 1981; Ord. 2812, 1979; Ord. 2800, 1979; Ord. 2093, 1975].

14.01.105-U “U” definitions.

Reserved.

14.01.105-V “V” definitions.

Reserved.

14.01.105-W “W” definitions.

Reserved.

14.01.105-X “X” definitions.

Reserved.

14.01.105-Y “Y” definitions.

Reserved.

14.01.105-Z “Z” definitions.

Reserved.

14.01.107 Applicability. Amended Ord. 5239

This chapter shall apply to all subdivisions of land in the unincorporated area of the County of Santa Cruz subject to the following exemptions:

(A)    The financing or leasing of apartments, time share units, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, trailer parks or recreational vehicle parks;

(B)    Mineral, oil, gas or agricultural leases;

(C)    Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

(D)    Financing or leasing of second dwelling units pursuant to the provisions of SCCC 13.10.681. This chapter shall apply to the sale or transfer of such second dwelling units. [Ord. 3912 § 2, 1988].

14.01.107.4 Approval of lot line adjustment application.

(A)    For the purposes of this section the term “minimum parcel size required by the zoning designation” shall mean the minimum parcel size allowed by any of the following:

(1)    The zoning ordinance adopting a designation for the parcel in question;

(2)    If the zoning is inconsistent with the General Plan, the lowest density end of the density range allowed by the General Plan density designation; or

(3)    If the zoning density is required to be determined pursuant to the rural matrix calculation under Chapter 13.14 SCCC, the highest density end of the density range allowed by the General Plan density designation. No matrix calculation shall be required for this purpose.

(B)    Processing Levels. Minor lot line adjustment applications shall be processed at Level III pursuant to SCCC 18.10.112(A)(3). All other lot line adjustment applications outside the Coastal Zone shall be processed at Level IV pursuant to SCCC 18.10.112(A)(4) and all other lot line adjustment applications within the Coastal Zone shall be processed at Level V pursuant to SCCC 13.20.100(A). Notwithstanding the foregoing, SCCC 18.10.123(B) shall apply.

(C)    The following findings shall be required for approval of a lot line adjustment application:

(1)    The lot line adjustment will not result in a greater number of parcels than originally existed.

(2)    The lot line adjustment conforms with the County zoning ordinance (including, without limitation, SCCC 13.10.673) and the County building ordinance (including, without limitation, SCCC 12.01.070).

(3)    No affected parcel may be reduced or further reduced below the minimum parcel size required by the zoning designation, absent the grant of a variance pursuant to SCCC 13.10.230.

(D)    The following additional finding shall be required for approval of a minor lot line adjustment application: the lot line adjustment conforms to the definition for a minor lot line adjustment set forth in SCCC 14.01.105-L.

(E)    Conditions of Approval for Lot Line Adjustment Applications. The approval of a lot line adjustment application shall be conditioned as necessary to require conformity with the County zoning ordinance and County building ordinance, or to facilitate the relocation of existing utilities, infrastructure, or easements. The lot line adjustment shall be accomplished by a grant deed which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. [Ord. 4281 § 3, 1993; Ord. 4132 § 5, 1991].

14.01.107.5 Designated remainder and omitted parcels.

(A)    When a subdivision is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing. If the subdivider elects to designate a remainder parcel or to omit a parcel, the following requirements shall apply:

(1)    The designated remainder or omitted parcel shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.

(2)    For a designated remainder or omitted parcel described in this subsection, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the County or until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the County. In the absence of that agreement, the Approving Body may require fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of:

(a)    The public health and safety; or

(b)    The required construction is a necessary prerequisite to the orderly development of the surrounding area.

(B)    The provisions of subsection (A) of this section providing for deferral of the payment of fees associated with any deferred improvements shall not apply if the designated remainder or omitted parcel is included within the boundaries of a benefit assessment district or community facilities district.

(C)    A designated remainder or an omitted parcel may subsequently be sold without any further requirement of the filing of a parcel map or final map; provided, that a conditional certificate of compliance is first obtained from the County. [Ord. 4181 § 2, 1992].

14.01.108 Parcel legality status determination.

Whether a particular parcel has the status of being a legal parcel shall be determined by consideration of whether the parcel is:

(A)    Entitled to a certificate of compliance pursuant to SCCC 14.01.109;

(B)    Combined with another parcel by action of an owner, pursuant to SCCC 14.01.110; or

(C)    Merged with another parcel pursuant to SCCC 14.01.111;

(D)    In violation of the Subdivision Map Act or the Santa Cruz County subdivision ordinance pursuant to SCCC 14.01.112.

An interested person may apply for a parcel legality status determination by application pursuant to the procedures set forth at Chapter 18.10 SCCC. If the County determines that the parcel in question is shown on a duly filed and recorded final map, parcel map, or official map (as defined at Government Code Section 66499.50 et seq.) or entitled to an unconditional certificate of compliance, or has satisfied all conditions of a conditional certificate of compliance, such parcel shall be determined to be a legal parcel so long as it is not combined or merged with another parcel or in violation of the Subdivision Map Act or the Santa Cruz County subdivision ordinance. Determination that a parcel is a legal parcel does not entitle the parcel owner to issuance of a building permit or other development permit or approval absent application for and compliance with the requirements for a building permit or other development permit or approval. [Ord. 3912 § 3, 1988].

14.01.109 Certificate of compliance.

Any person who owns real property or is buying such land under a contract of sale may request the County to determine by application for parcel legality status determination whether the real property in question complies with the provisions of the Subdivision Map Act and County ordinances enacted pursuant thereto.

(A)    A parcel qualifies for an unconditional certificate of compliance if:

(1)    The real property in question complies with the provisions of the Subdivision Map Act and County ordinances enacted pursuant thereto as follows:

(a)    The subject property was conveyed by a separate document as a separate parcel on or before January 21, 1972. (Written evidence shall be required to support this finding. Evidence may be in the form of a contract of sale, grant deed, or deed of trust which was recorded on or before January 21, 1972, or other evidence such as copies of receipts for installment payments, etc., or similar written documentation which establishes a bona fide conveyance on or before January 21, 1972); and

(b)    The parcel in question complied with the provisions of the Subdivision Map Act at the time of its creation; and

(c)    At the time the contract, deed, or other document creating the subject parcel was signed, the subject parcel complied with the applicable County ordinances then in effect, including (without limitation) the parcel size required by the then applicable zone district; and

(d)    The parcel in question has not been combined by the owner, and is not subject to merger; or

(2)    The parcel in question has been “approved for development” pursuant to Government Code Section 66499.34:

(a)    By issuance of a permit or grant of approval for development of the parcel in question; or

(b)    By improvements that have been completed prior to the time a permit or grant of approval for development was required by the County ordinances in effect at the time of the improvement; or

(c)    By improvements that have been completed in reliance upon a permit or grant of approval for development; or

(3)    The parcel in question is conclusively presumed to be lawfully created, pursuant to Government Code Section 66412.6, under the following circumstances.

(a)    A parcel created by a minor land division shall be conclusively presumed to be lawfully created if:

(i)    Fewer than five parcels were created at the time of creation of the parcel in question; and

(ii)    The parcel was created on or before January 21, 1972.

(b)    A parcel owned by a subsequent bona fide purchaser shall be conclusively presumed to be lawfully created if:

(i)    The parcel was created on or before January 21, 1972; and

(ii)    The parcel was acquired by a subsequent purchaser for valuable consideration and without actual or constructive knowledge of a violation of the Subdivision Map Act or County ordinance enacted pursuant thereto; and

(iii)    At the time of its creation, the parcel complied with the Subdivision Map Act and County ordinances enacted pursuant thereto. If the parcel owned by the subsequent bona fide purchaser did not comply with the Subdivision Map Act and County ordinances enacted pursuant thereto at the time of its creation, then a conditional (rather than an unconditional) certificate of compliance shall be issued pursuant to subsection (B) of this section.

(c)    For purposes of subsection (A)(3) of this section, a parcel shall be deemed created on or before January 21, 1972, if prior thereto the parcel was conveyed by a deed, deed of trust, or bona fide contract of sale (and in the case of a division creating five or more parcels was in compliance with County ordinances in effect at the time, including minimum parcel size). A parcel shall not be deemed created if it was:

(i)    Solely the result of a right-of-way dividing parcels; or

(ii)    Shown solely on a record of survey, unless the parcel was shown on a record of survey map filed between January 1, 1937, and January 1, 1955, on the basis of a tentative subdivision map for five or more lots which was approved by the County Board of Supervisors; or

(iii)    Shown solely on an unrecorded subdivision map or an unrecorded parcel map; or

(iv)    As to divisions creating five or more parcels, the parcel did not meet the minimum parcel size of the zoning applicable to the property at the time such parcels were originally created; or

(v)    The parcel was described as a “parcel” on one deed and the owner is unable to present documentation showing that the parcel was previously separately conveyed by a separate deed on or before January 21, 1972; or

(vi)    The parcel was created under circumstances which demonstrate an intent to circumvent the Subdivision Map Act or County ordinances adopted pursuant thereto.

(B)    If the County determines that the parcel in question does not comply with the provisions of the Subdivision Map Act or County ordinances enacted pursuant thereto, and does not otherwise qualify for an unconditional certificate of compliance, it shall issue a conditional certificate of compliance, as follows:

(1)    If applicant is the current owner of record and was the owner of record at the time of the initial violation, the County shall issue and record a conditional certificate of compliance imposing such conditions as would be applicable to a current division of the property.

(2)    If applicant was not the owner at the time of the initial violation, the County shall issue and record a conditional certificate of compliance imposing such conditions as would have been applicable to the division of the property at the time applicant acquired his or her interest therein.

(C)    The effect of the certificate of compliance is as follows:

(1)    An unconditional certificate of compliance operates as a final determination that the parcel in question is a legal parcel for the purposes of sale, lease or financing. Such certificate does not entitle the parcel owner to a building permit or grant of development approval absent compliance with other requirements for such building permit or development approval.

(2)    A conditional certificate of compliance serves as notice to the applicant or subsequent grantee, transferee, or assignee that fulfillment and implementation of the conditions given shall be required prior to the parcel in question being deemed a legal parcel for the purposed of sale, lease, or financing. For that reason, conditions relating to violation, combination or merger shall be included. Compliance with such conditions does not entitle the parcel owner to a building permit or grant of development approval absent compliance with other requirements for such building permit or development approval.

(D)    A designated remainder parcel, as defined by this chapter, may subsequently be sold without any further requirement of the filing of a parcel map or final map; however, prior to the sale, lease or financing of said remainder parcel, a conditional certificate of compliance shall be obtained. [Ord. 4102 § 1, 1990; Ord. 3912 § 4, 1988].

14.01.110 Combination of parcels by action of owner.

(A)    Contiguous parcels or units thereof under common ownership shall be deemed combined by the actions of the owner under any of the following circumstances:

(1)    Parcels which have been included in an owner’s affidavit combining the parcels and recorded in the Office of the County Recorder; or

(2)    Parcels which have been combined into one assessor’s parcel number by the Assessor upon the request of the owner; unless:

(a)    The owner demonstrates to the satisfaction of the Planning Director that no significant financial, land use or planning benefit resulted from the combination into one Assessor’s parcel; and

(b)    Any financial benefit resulting from the combination into one Assessor’s parcel was found by the Planning Director not to be significant, and the owner pays all assessment district, County service area, or other similar charges or fees which would have been due and payable on the subject parcel had it not been combined into one Assessor’s parcel.

(3)    Parcels which have been required to be combined as a condition of approval of a minor land division, subdivision, lot line adjustment, or other discretionary approval, and such approval has been accepted or implemented by the owner; or

(4)    Parcels or portions thereof which have been conveyed as one parcel by metes and bounds describing the perimeter of such contiguous parcels or portions thereof, or by description of two or more lots in a block as one parcel where:

(a)    The metes and bounds description varies from an existing boundary line of one or more of the parcels conveyed; or

(b)    There is an express written statement of the grantor which demonstrates the grantor’s intent to combine the parcels (including, without limitation, by describing an entire subdivided block of lots or specified lots thereof as one parcel).

(5)    Parcels on which a dwelling or commercial structure or portion thereof has been built across the common boundary line of such lots or parcels except when the encroachment was of such a minor and inadvertent nature that it could be eliminated through a boundary adjustment. Such parcels remain combined even if the structure is removed.

(B)    Lots or parcels which have been combined by actions of the owner as provided in this section shall thereafter be subject to all of the provisions of this chapter. [Ord. 4365 § 1, 1995; Ord. 4281 §§ 9, 10, 1993; Ord. 3912 § 5, 1988].

14.01.111 Merger.

Two or more contiguous parcels or units of land held by the same owner shall be subject to merger if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under the Santa Cruz County zoning ordinance applicable to the parcels or units of land, and if all of the following requirements are satisfied. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that a notice of intention to determine status is recorded.

(A)    At least one of the affected parcels is undeveloped by 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 parcel or unit.

(B)    One or more of the following conditions exists with respect to the parcel to be merged:

(1)    It comprises less than 5,000 square feet in area at the time of determination of merger;

(2)    It was not created in compliance with applicable laws and ordinances in effect at the time of its creation; or

(3)    It does not meet current standards for sewage disposal or domestic water supply, and it is determined by the Director of Environmental Health that such parcel or unit will not be able to meet the minimum criteria for sewage disposal or water supply in the reasonably foreseeable future; or

(4)    It has been determined by the Planning Director from a geologic investigation or other geologic report to have slope stability or other geologic hazards which cannot be mitigated to an acceptable degree for development; or

(5)    It has been determined by the Planning Director to have no legal access which is adequate for vehicular and safety equipment access and maneuverability; or

(6)    It has been determined by the Planning Director to be incapable of being developed because of conflicts with applicable General Plan provisions, other than minimum lot size or density standards.

(C)    The requirements of subsection (B) of this section need not be satisfied, and the parcels in question shall be merged, if the other requirements of this section are satisfied and if one of the following conditions exists:

(1)    On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

(2)    On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104 of the Government Code, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code.

(3)    On July 1, 1981, one or more of the contiguous parcels or units of land are located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by a local agency.

(4)    On July 1, 1981, one or more of the contiguous parcels or units of land are located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by a local agency.

(5)    Within the Coastal Zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land have been identified or designated as being of insufficient size to support residential development and where the identification or designation has either (a) been included in the land use plan portion of a Local Coastal Program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (b) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based.

(6)    For purposes of subsections (C)(3) and (C)(4) of this subsection, “mineral resource extraction” means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.

(D)    Procedure to Determine Merger Status of Parcels.

(1)    Notice of Intention to Determine Merger Status. Whenever a designee of the Planning Director believes that real property is subject to merger pursuant to the provisions of this section, the designee of the Planning Director shall cause to be mailed by certified mail (return receipt requested) to the then current record owner of the property a notice of intention to determine merger status notifying the owner that the affected parcels can be merged pursuant to standards set forth in this section and advising the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The designee of the Planning Director shall cause the notice of intention to determine merger status to be filed for record with the County Recorder on the date that the notice is mailed to the property owner.

(2)    Hearing to Determine Merger Status of Parcels. At any time within 30 days after recording of the notice of intention to determine merger status, the owner of the affected property may file with the County Planning Department a request for a hearing on determination of merger status. Upon receiving a request for hearing on determination of merger status, the Director shall set a hearing not more than 60 days of the receipt of the property owner’s request and advise the property owner by certified mail of the time, date, and place of the hearing. The hearing may be postponed or continued with the mutual consent of the Director and the property owner. At the conclusion of the hearing, the Director shall make a determination whether the affected parcels are to be merged or are not to be merged and shall so notify the owner of the determination. Any determination of merger shall be recorded within 30 days after conclusion of the hearing.

(3)    Determination of Status without a Hearing. If within the 30-day period provided, the owner does not file a request for a hearing in accordance with subsection (D)(2) of this section, the Director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. Any determination of merger shall be recorded by the Director no later than 90 days following the mailing of the notice of intention to determine status.

(4)    Release of Notice of Intention to Determine Merger Status. If in accordance with subsections (D)(2) or (D)(3) of this section, the Director determines that the subject property shall not be merged, the Planning Director shall cause to be recorded a release of the notice on intention status, and shall mail a clearance letter to the then current owner of the property. [Ord. 3912 § 6, 1988].

14.01.112 Parcels in violation of land division laws.

(A)    Violation proceedings may be instituted where the County has reasonable cause to believe that real property has been divided or is maintained in violation of the Subdivision Map Act or County ordinance enacted pursuant thereto. Violations include, but are not limited to, the following:

(1)    Subdivision creating five or more parcels on or before January 21, 1972, which resulted in one or more parcels in violation of existing zoning or other land use regulations in effect at the time of the division; or

(2)    Subdivision after January 21, 1972, without County approval; or

(3)    Noncompliance with any condition of approval of a subdivision.

(B)    The procedure for violation proceedings shall be as follows:

(1)    The designee of the Planning Director shall mail a notice of intention to record a notice of violation by certified mail (return receipt requested), addressed to the current owner of record of each parcel created by the land division which caused the violation, or which is otherwise in violation, specifying a time and date 30 to 60 days from the date of mailing and a place for a meeting at which such owner may present evidence why the notice of violation should not be recorded and including:

(a)    A statement that failure of owner to inform the County of Santa Cruz Planning Department within 15 calendar days of receipt of the notice of intention to record a notice of violation that he or she objects to recording of notice of violation with the County Recorder shall result in such recordation on or after the sixteenth day following such receipt; and

(b)    A description of real property involved and of the violations and an explanation as to why the subject parcel is not lawful under SCCC 14.01.109 as conclusively presumed to be lawfully created.

(2)    Recordation of Notice of Violation Absent Objection. If an owner has failed to inform the County of Santa Cruz Planning Department within 15 calendar days of receipt of the notice of intention to record a notice of violation, the designee of the Planning Director shall determine whether the preponderance of evidence warrants a finding of violation and, if so, record the notice of violation on or after the sixteenth day following such receipt.

(3)    Determination After Objection and Presentation of Evidence by Owner.

(a)    The designee of the Planning Director shall determine whether a preponderance of evidence warrants a finding that the real property has been divided or maintained in violation of the provisions of the Subdivision Map Act or County ordinance regulating land divisions.

(b)    The procedure for the meeting to determine whether there has been a violation shall be as follows:

(i)    The designee of the Planning Director shall hold a meeting at the time, date, and place specified in the notice of intention to record a notice of violation, consider the evidence, and make a determination whether there has been a violation.

(ii)    If the determination is that there has been no violation, the designee of the Planning Director shall mail a clearance letter to the then current owner of record for each parcel as to which such determination has been made.

(iii)    If the determination is that there has been and continues to be a violation, the designee of the Planning Department shall prepare a notice of violation which shall:

A.    State the name of the owner of record for each parcel as to which such determination has been made;

B.    Contain the notarized signature of the Planning Director;

C.    Be mailed (as a copy) to owner; and

D.    Be recorded in its original form with the County Recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

The County Recorder shall index the names of the fee owners in the general index.

(4)    Release of Notice of Violation. Where the designee of the Planning Director determines that a violation has been cured subsequent to recording of a notice of violation that notice may be released as follows:

(a)    The designee of the Planning Director shall prepare a release of notice of violation which shall:

(i)    State name of current owner of record for each parcel as to which such release is being made;

(ii)    Contain the notarized signature of Planning Director;

(iii)    Be mailed (as a copy) to owner;

(iv)    Be recorded in its original form with the County Recorder.

(C)    No parcel shall be determined to be a legal parcel where a determination of violation has been made pursuant to subsection (B)(3)(b)(iii) of this section and such violation has not been the subject of a release of notice of violation pursuant to subsection (B)(4) of this section. [Ord. 3912 § 7, 1988].

14.01.113 Annexation after final map approval.

When any area in a subdivision where a final map has been finally approved by the Board and filed for record pursuant to this chapter is thereafter annexed to a city, the final map and any agreements relating to such subdivision shall continue to govern such subdivision. [Ord. 3912 § 8, 1988; Ord. 2093, 1975].

14.01.114 Annexation without final map approval.

When any area in a subdivision or proposed subdivision where a tentative map has been filed but a final map or a special map has not been finally approved is annexed to a city, the tentative map approval shall become null and void. Any further consideration of the matter shall be made by the affected city upon a new application by the subdivider. [Ord. 3912 § 9, 1988; Ord. 3165, 1981; Ord. 2812, 1979; Ord. 2800, 1979; Ord. 2093, 1975].

14.01.115 Parcel legality determinations.

The parcel legality determinations set forth in this chapter shall be processed in accordance with Chapter 18.10 SCCC, as follows:

Unconditional Certificate of Compliance

Level III

Conditional Certificate of Compliance

Level V

Merger of Parcels

Level IV

Violation of Subdivision Regulations

Level III

[Ord. 3912 § 10, 1988].

Part II. MAPS

Article I. General

14.01.201 Map requirements.

(A)    A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominium or townhouse units as defined in Section 783 of the Civil Code, or as a community apartment project containing five or more parcels, except where:

(1)    Less Than Five Acres. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the Department of Public Works; or

(2)    Gross Area of More Than 20 Acres. Each parcel created by the division has a gross area of 20 acres or more and has access approved by the Department of Public Works to a maintained public street or highway; or

(3)    Gross Area of More Than 40 Acres. Each parcel created by the division has a gross area of 40 acres or more, or each of which is a quarter-quarter section or larger; or

(4)    Industrial or Commercial Zoning. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the Department of Public Works as to street alignments and widths.

(B)    A tentative map and a parcel map shall be required for all subdivisions creating not more than four parcels, condominium units, townhouse units, or community apartments; and for those subdivisions described in subsections (A)(1) through (A)(4) of this section.

(C)    A parcel map is not required for a lot line adjustment. [Ord. 4281 §§ 5, 11, 1993; Ord. 4132 § 7, 1991; Ord. 2841, 1980; Ord. 2093, 1975].

14.01.201.4 Waiver of requirements of tentative and parcel or final map for conversion of mobile home park to resident ownership.

(A)    When at least two-thirds of the owners of mobile homes who are tenants in the mobile home park sign a petition indicating their intent to purchase the mobile home park for purposes of converting it to resident ownership, and a field survey is performed, the requirement for a tentative and parcel map or final map shall be waived unless the Planning Director finds any of the following conditions to exist:

(1)    There are design or improvement requirements necessitated by significant health or safety concerns.

(2)    There is an exterior boundary discrepancy that requires recordation of a new tentative and parcel or final map.

(3)    The existing parcels which exist prior to the proposed conversion were not created by a recorded parcel or final map.

(4)    The conversion would result in the creation of more condominium units or interests than the number of tenant lots or spaces that existed prior to conversion.

(B)    The petition signed by owners of mobile homes in a mobile home park proposed for conversion to resident ownership pursuant to subsection (A) of this section shall read as follows:

MOBILE HOME PARK PETITION AND DISCLOSURE STATEMENT

SIGNING THIS PETITION INDICATES YOUR SUPPORT FOR CONVERSION OF THIS MOBILE HOME PARK TO RESIDENT OWNERSHIP. THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF ___________________, COUNTY OF ___________________, STATE OF CALIFORNIA, DESCRIBED AS ____________________________. THE TOTAL COST FOR CONVERSION AND PURCHASE OF THE PARK IS $______________ TO $______________, EXCLUDING FINANCING COSTS. IF TWO-THIRDS OF THE RESIDENTS IN THIS PARK SIGN THIS PETITION INDICATING THEIR INTENT TO PURCHASE THE MOBILE HOME PARK FOR PURPOSES OF CONVERTING IT TO RESIDENT OWNERSHIP, THEN THE REQUIREMENTS FOR A NEW TENTATIVE AND PARCEL OR FINAL SUBDIVISION MAP IN COMPLIANCE WITH THE SUBDIVISION MAP ACT MUST BE WAIVED, WITH CERTAIN VERY LIMITED EXCEPTIONS. WAIVING THESE PROVISIONS OF LAW ELIMINATES NUMEROUS PROTECTIONS WHICH ARE AVAILABLE TO YOU.

_____________________

________________

Buyer, unit #, date

Petitioner, date

(C)    The Planning Director shall provide an application for waiver pursuant to this section. After the waiver application is deemed complete, the Planning Director shall approve or deny the application within 50 days. The applicant and any other interested person shall have the right to appeal that decision to the Planning Commission and to the Board of Supervisors in the same manner as set forth in SCCC 14.01.311, 14.01.312 and 14.01.313.

(D)    If a tentative map or parcel map is required, the County shall not impose any off-site design or improvement requirements unless these are necessary to mitigate an existing health or safety condition. No other dedications, improvements, or in lieu fees shall be required by the County. In no case shall the mitigation of a health or safety condition have the effect of reducing the number, or changing the location, of existing mobile home spaces.

(E)    If the County imposes requirements on an applicant to mitigate a health or safety condition, the applicant and the County shall enter into an unsecured improvement agreement. The applicant shall have a period of one year from the date the agreement was executed to complete those improvements.

(F)    If the waiver application provided for in this section is denied pursuant to the provisions of subsection (A) of this section, the applicant may proceed to convert the mobile home park to a tenant-owned, condominium ownership interest, but shall file a tentative parcel or final map. The County may not require the applicant to file and record a tentative and final map unless the conversion creates five or more parcels shown on the map. The number of condominium units or interests created by the conversion shall not determine whether the filing of a parcel map or a final map shall be required.

(G)    For the purposes of this section, the meaning of “resident ownership” shall be as defined in Section 50781 of the Health and Safety Code. [Ord. 4181 § 5, 1992].

14.01.201.5 Waiver of requirements of parcel map.

(A)    Upon request of the subdivider, the Planning Director may waive the requirement under this chapter for a parcel map if he finds that the proposed division of land complies with the requirements of the Subdivision Map Act and this chapter as to parcel size, improvements and design, flood water drainage control, appropriate improved public roads, sewage disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and this chapter, and if the County Surveyor determines that the boundaries of the parcel or parcels are adequately monumented.

(B)    Waiver of the parcel map shall automatically constitute approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act and SCCC 14.01.102.5. When a parcel map has been waived, then within one year thereafter, at the request of the owner of the property, the Planning Director shall, without further application or proceedings, issue a certificate of compliance consistent with the waiver and shall file the certificate of compliance with the County Recorder. [Ord. 4181 § 3, 1992; Ord. 3165, 1981; Ord. 2841, 1980; Ord. 2800, 1979; Ord. 2443, 1977; Ord. 2056, 1974].

14.01.202 Community apartment projects, condominiums, stock cooperatives and townhouses.

In addition to all other requirements of the Subdivision Map Act, the provisions of this chapter shall apply to community apartment projects, condominiums, stock cooperatives, limited-equity cooperatives, and townhouses. For the purposes of this section, the term “project” shall include any of the following: community apartment projects, condominiums, stock cooperatives, limited-equity housing cooperatives, and townhouses. The provisions of these sections are enacted pursuant to the Subdivision Map Act of the State of California and the requirements of the Housing Element of the General Plan. Applications for the above projects shall be processed according to Chapter 18.10 SCCC at the following levels:

2 to 19 dwelling units

Level VI

20 or more dwelling units

Level VII

and shall be subject to the following restrictions:

(A)    Map Filing and Form. The provisions of this chapter relating to the filing and form of maps shall apply to all maps submitted in connection with any project regardless of the number of units of land or air space proposed to be created. A plan containing a graphic or written description of the number of units into which the land and air space is to be divided, including their dimensions and exterior elevations, shall be submitted with a tentative map of any project.

(B)    Design Standards. The provisions of this chapter relating to design standards shall apply to all maps submitted in connection with any project regardless of the number of units of land or air space proposed to be created. The following design standards shall also apply:

(1)    The design, improvement and construction of a project shall conform to all requirements of building, fire, and housing codes, zoning provisions and all other applicable local ordinances and regulations in effect at the time the tentative map is filed. A preliminary set of plans shall be submitted to assist in the determination of compliance.

(2)    All private streets, driveways, and parking areas for a community housing project shall be improved and constructed with structural sections according to the County design criteria so as to ensure that access for public services will not be denied any dwelling unit therein by reason of inadequate private streets, driveways, and parking areas.

(C)    General Provisions. No structure constructed as a multiple-family dwelling or group of dwellings shall be converted to a project pursuant to this chapter or the Subdivision Map Act within three years after construction was completed. [Ord. 4844 § 2, 2006; Ord. 4243 § 2, 1993; Ord. 3436 § 1, 1983; Ord. 3279 § 1, 1982; Ord. 3154, 1981; Ord. 3114, 1981; Ord. 2841, 1980; Ord. 2443, 1977; Ord. 2222, 1975; Ord. 2213, 1975; Ord. 2093, 1975].

14.01.203 Parcel map exemptions.

A parcel map shall not be required for either of the following:

(A)    Subdivisions created by a short-term lease (terminable by either party on not more than 30 days’ notice in writing) of a portion of an operating railroad corporation right-of-way defined as such by Section 230 of the Public Utilities Code.

(B)    Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for reconveyance to that public utility for rights-of-way, unless substantial evidence is submitted to the Planning Director that public policy necessitates a parcel map. [Ord. 4181 § 4, 1992; Ord. 2841, 1980; Ord. 2509, 1977; Ord. 2093, 1975].

14.01.204 Maps to be recorded.

Of the maps required by this chapter, only final and parcel maps may be filed for record in the Office of the Recorder. [Ord. 2093, 1975].

14.01.205 Consent of owners.

No final map or parcel map required by this chapter which creates a subdivision shall be recorded without the written consent of all parties having any record title interest in the real property proposed to be subdivided; except that with respect to a division of land into four or fewer parcels, when dedications or offers of dedications are not required, the certificate need only be signed and acknowledged by the subdivider. [Ord. 2093, 1975].

Article II. Tentative Maps

14.01.206 Form and content of tentative maps.

A tentative map shall be clearly and legibly drawn on tracing cloth, polyester film or vellum of good quality. The sheet size shall be no larger than 24 by 36 inches. If necessary, use more than one sheet. The map shall be of such scale, preferably one inch equals 100 feet, as to show clearly all details thereof. The map shall be prepared by a registered civil engineer or licensed land surveyor, and shall contain the following information:

(A)    The tract name or other designation.

(B)    Survey of the existing parcel(s) boundaries prepared by a licensed civil engineer or land surveyor except where resulting parcel sizes outside the urban services line will be two and one-half acres or larger.

(C)    Names and addresses of record owner and subdivider; name, address, and license number of engineer or surveyor under whose direction the map was prepared.

(D)    Locations, names and present widths of adjacent streets, highways and ways.

(E)    The locations, proposed names, widths, and approximate grades of all streets, highways and ways in the subdivision.

(F)    The locations and approximate widths of all easements for drainage, sewerage, or public utilities.

(G)    Approximate radii of all curves.

(H)    Approximate dimensions of all lots.

(I)    Approximate boundaries of areas subject to inundation or storm water overflow and of all areas covered by water and the location, width and direction of flow of all watercourses, living or dry.

(J)    Existing use or uses of the property.

(K)    Proposed uses of the property and an outline of proposed restrictions including deed restrictions to protect solar access.

(L)    Submit a letter from a responsible person for a source of water supply, certifying as to the availability of water and its ability to serve the subdivision, or submit a letter from the Environmental Health Services of the County Health Department, certifying as to the ability of the subdivision to meet requirements of Part IV of the Design Criteria Manual.

(M)    Submit a letter from a responsible person for a source of sanitary facility, such as a sanitation district, certifying as to the availability, capacity, and its ability to serve the subdivision, or, submit a letter from the Environmental Health Services of the County Health Department certifying as to the ability of the subdivision to provide individual sewage disposal systems.

(N)    Public areas proposed, if any.

(O)    In areas to be developed, contours shall be drawn to intervals as follows:

Slope

Interval

0.00%—1.00%

1 foot

1.00%—10.00%

2 feet

10.00% and over

10 feet

Contours shall be accurate to within one-half a contour interval. In areas not to be developed, greater intervals may be permitted which shall be extended into adjacent property a sufficient distance to establish proper topographical relationships.

(P)    Statement of the improvements proposed to be made or installed.

(Q)    Typical cross sections of all streets.

(R)    Date, north point and scale.

(S)    A site location sketch indicating the location of the proposed subdivision in relation to the surrounding area or region.

(T)    Where sanitary sewers are not available, soil percolation rates and other soils test data as required by the Health Department.

(U)    Show the approximate known soil or geologic hazard areas.

(V)    Submit four copies of the preliminary soils report noted in SCCC 14.01.432 or two copies of the waiver noted in SCCC 14.01.433.

(W)    Preliminary engineered improvement plans specified in SCCC 14.01.207.

(X)    Sufficient information, as deemed necessary, to evaluate solar access protection including, but not limited to, building envelopes and shadow plans.

(Y)    If the proposal includes a designated remainder parcel, and the gross area of the designated remainder parcel or similar parcel is less than five acres, that remainder parcel shall be shown on the tentative map. [Ord. 4102 § 2, 1990; Ord. 4049 § 1, 1990; Ord. 3469 § 4, 1983; Ord. 2213, 1975; Ord. 2093, 1975].

14.01.207 Preliminary engineered improvement plans.

Preliminary engineered improvement plans for drainage, grading, sanitation, circulation and roadway improvements shall be submitted concurrently with the tentative map. The preliminary engineered improvement plans shall provide conceptual technical design information. The preliminary engineered improvement plans shall include all of the following, as applicable:

(A)    Drainage.

(1)    Show total tributary drainage area on a topographic map.

(2)    Show location of existing drainage facility or proposed facility on the site (when it exists).

(3)    Show location of downstream receiving drainage facility or proposed facility to an adequate outlet point or for a minimum distance of 500 feet.

(4)    Calculated Q10 and Q100 of on-site facility and downstream facility with full buildout at present zoning.

(5)    Calculate capacity of proposed on-site facility and existing downstream drainage facility at appropriate points.

(B)    Circulation.

(1)    Points of ingress and egress.

(2)    Existing right-of-way (full street) and proposed right-of-way, utilizing guidelines as established by an approved plan line, or the County design criteria standards if a plan line does not exist.

(3)    Existing and proposed roadside improvements including full paved width, utilizing guidelines as established by an approved plan line, or the County design criteria standards if a plan line does not exist.

(4)    Location of all existing utilities within right-of-way.

(5)    Approximate distance between new road (if any) and existing nearest intersecting street.

(6)    Location of existing bus stops (if any).

(7)    Preliminary profiles of all roads.

(8)    Detailed entrance profiles and geometry.

(9)    Address sight distance and turning radius requirements per County design criteria and State Caltrans Standard Specifications.

(10)    Locations of all proposed streets.

(C)    Sanitation.

(1)    Proposed sewer lines (mains and laterals) necessary to service all parcels.

(2)    The location of proposed connection to the existing public sewers.

(3)    Elevations tied to project datum on an existing manhole (rim and invert). [Ord. 4189 § 2, 1992; Ord. 4049 § 1, 1990; Ord. 2800, 1979; Ord. 2509, 1977; Ord. 2093, 1975].

Article III. Final Maps

14.01.208 Form and content of final maps.

The final map and any additional map sheet or separate document containing nontitle information shall be recorded or filed, as appropriate, simultaneously by and at the expense of the subdivider and shall conform to the following provisions:

(A)    Each map sheet filed simultaneously shall comply with the following requirements:

(1)    It shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall be based on a survey.

(2)    It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(3)    The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(4)    All survey information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and central angle, radius and arc length to all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(5)    Each parcel shall be numbered and each block may be numbered or lettered. Street names acceptable to the Fire Marshal shall be shown.

(6)    The exterior boundary of the land included within the subdivision shall be indicated by a distinctive symbol which shall be identified in a legend. The map shows the definite location of the subdivision, and particularly its relation to surrounding surveys. If the map includes a designated remainder parcel, the location of the remainder parcel shall be indicated but need not be indicated as a matter of survey but only by deed reference to the existing record boundaries of such remainder if such remainder parcel has a gross area of five acres or more.

(7)    The title sheet shall contain the title and tract number as secured from the Planning Department, conspicuously placed on the sheet. Below the title shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States survey.

(8)    References in the description to tracts and subdivisions must be spelled out and worded identically with original records; and references to book and page of record must be complete. There must also appear on the map the scale, the north point and the basis of bearing, reference being made to a recorded subdivision map, recorded deed, United States survey, solar or polaris observation. Every sheet comprising the map proper shall bear the title, scale, north point and sheet number.

(9)    All stakes, monuments or other evidences which were found on the ground to determine the boundaries of the subdivision shall be shown. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, tract name and place of record, or by section, township and range or other property designation.

(B)    Final Maps. In addition to the general requirements set forth in subsection (A) of this section, the final map shall comply with the following specific requirements:

(1)    On and after January 1, 1987, to the extent that any requirement of this section does not affect record title interests, such requirement shall not be included on the final map itself, but rather on a separate additional map sheet or separate document recorded simultaneously. The final map shall, however, contain a notation or reference to the effect that additional nontitle information required by County ordinance is included on a separate additional map sheet or separate document recorded or filed simultaneously.

(2)    Affidavits, certificates, acknowledgments, endorsements, acceptances of dedications and notarial seals required by law and by this chapter shall appear and shall be placed on the title sheet, or the title sheet and such other sheets as may be required.

(3)    The location and kind of monuments placed in making the survey shall be shown.

(4)    If any points were reset from reference point ties, that fact shall be stated.

(5)    In case the subdivision is adjacent to tidewater, a meander line shall be shown, and identified as such.

(6)    In making the survey, the engineer or surveyor shall set permanent monuments at all angle and curve points on the subdivision boundary, on the boundaries of each block and on all lot corners. In case the location of any water course, inaccessible terrain or physical obstruction makes it impracticable to place any of the monuments as required by this section, the County Surveyor may authorize, in lieu thereof, the placing of off-set monuments. The exterior boundary of the land being subdivided shall be adequately monumented before the map is recorded.

(7)    Monuments at angle and curve points on the exterior boundaries of the subdivision shall be not less substantial than galvanized iron pipe, not less than one and one-half inches in diameter and not less than 30 inches in length. Monuments on the exterior boundaries of blocks and lot corners shall be not less substantial than galvanized iron pipe, not less than one-half inch in diameter and not less than 30 inches in length. Each lot corner shall also be marked by a wooden stake, not less than one inch by two inches in cross section, 18 inches long and driven six inches into the ground with the lot number marked on the side of the stake toward the lot. All monuments shall be appropriately marked with the engineer’s or surveyor’s license number in conformance with Section 8772 of the Business and Professions Code of the State of California.

(8)    All monuments shall be subject to inspection and approval by the County Surveyor before approval of the map. In case the improvements in the subdivision are proposed to be installed subsequent to the recordation of the map, the County Surveyor may authorize the placing of reference point markers in lieu of some of the interior monuments required by this chapter which cannot be permanently placed until completion of the improvement work. In such case the agreement for the improvement work, as provided in SCCC 14.01.510, shall include the placing of the permanent monuments required by this chapter.

(9)    Boundary traverses of the subdivision and of all lots and blocks must close within a limit of error of one foot to 5,000 feet of perimeter.

(10)    At the County Surveyor’s option, interior monuments need not be set at the time the final map is recorded if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the Board of Supervisors a bond or cash deposit guaranteeing the payment of the cost of setting the monuments as part of the agreement noted in SCCC 14.01.510.

(11)    Street center lines or parallel offsets (10-foot maximum) within the improved road area shall be monumented with railroad spikes or one-half-inch by 30-inch galvanized iron pipes at curve points and along tangents in sufficient quantities to readily enable re-establishment of said center line. Said monuments shall in all cases be intervisible. The center line monuments shall be set after completion of the street surfacing and must be in place prior to County acceptance of the tract improvement.

(12)    Within five days after the final setting of all monuments has been completed by the engineer or surveyor, he or she shall give written notice to the subdivider and to the County Surveyor that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the County Surveyor evidence of such payment and receipt thereof by the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor notifies the Board of Supervisors that he or she has not been paid by the subdivider for the setting of the final monuments, the Board of Supervisors may, within three months from the date of said notification, pay the engineer or surveyor, from any deposit, the amount due.

(13)    Any offers for dedications, or deed restrictions to protect solar access, required as a tentative map condition shall be included as part of the owner’s certificate.

(14)    In the event of the death, disability, or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the Board of Supervisors may direct the County Surveyor, or such engineer or surveyor as it may select, to set such monuments. When the monuments are so filed pursuant to this chapter in accordance with the provisions of SCCC 14.01.340. All provisions of this chapter relating to payment shall apply to the services performed by the substituted engineer or surveyor.

(C)    Nontitle Information Sheets. In addition to the general requirements set forth in subsection (A) of this section, the nontitle information sheets shall comply with the following requirements.

(1)    On and after January 1, 1987, information which does not affect record title interests shall be in the form of a separate additional map sheet or separate document recorded or filed simultaneously.

(2)    When a soils or a geologic report has been required by the County and prepared, this fact shall be noted on the nontitle information sheet, together with the date of the report, the name of the engineer and/or geologist making the report and a statement that such report should be read in its entirety in order to ascertain its import.

(3)    All specific requirements noted as conditions of approval for the tentative map shall be simultaneously recorded or filed, as appropriate, with the County Recorder as a separate document containing nontitle information, but need not comply with the requirements set forth in subsection (A) of this section.

(4)    Any city boundary and any urban service which crosses or adjoins the subdivision shall be clearly designated.

(5)    Sufficient information, as deemed necessary, to evaluate solar access protection including, but not limited to, building envelopes and shadow plans shall be clearly designated.

(6)    Building envelopes, building setback lines and bulk plane shall be clearly designated.

(7)    Any agricultural buffer shall be clearly designated.

(8)    Any riparian corridor, and any required setback therefrom, shall be clearly designated.

(9)    Any identified geologic hazard zone shall be clearly designated.

(10)    Any identified archaeological site shall be clearly designated.

(11)    Any waiver, hold harmless or insurance provision shall be stated. [Ord. 4102 § 3, 1990; Ord. 3931 § 1, 1988; Ord. 3860 § 1, 1987; Ord. 2093, 1975].

14.01.209 Affidavits and certificates on final maps.

The following affidavits and certificates, with acknowledgments where appropriate, shall appear on the final map:

(A)    Owner’s certificate, with acknowledgments, consenting to the preparation and recording of the final map and to the dedication or offer to dedicate interest in real property for specified public purpose. Said certificate must be signed by all parties having any record title interest in the real property being subdivided except as follows:

(1)    No Encumbrances. Neither a lien for State, County, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics’ liens constitute a record title interest in land for the purpose of this chapter.

(2)    Signatures That May Be Omitted. Signatures of parties owning the following types of interest may be omitted if their names and the nature of their respective interests are stated on the final map:

(a)    Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or public utility. If however, it is determined by the Board of Supervisors that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or the public utilities right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send by certified mail a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement.

(b)    If the public entity or utility objects either to recording the final map without its signatures; or to the determination of the Board of Supervisors that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the Board of Supervisors within 30 days after receipt of the materials from the subdivider. If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within 30 days of filing its objection with the Board of Supervisors. If the public entity or utility either does not file an objection with the Board of Supervisors, or fails to affix its signature within 30 days of filing its objection to recording the map without its signature, the County may record the final map without such signature.

(c)    If the public entity or utility files an objection to the determination of the Board of Supervisors that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easements, the Board of Supervisors shall set the matter for public hearing to be held not less than 10 or more than 30 days of receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement.

(d)    If the Board of Supervisors finds following such hearing that the development and division will, in fact, unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated, and upon compliance with such conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the Board of Supervisors finds that the development and division will, in fact, not unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding its objections thereto. Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its right under a right-of-way or easement.

(3)    Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the State of California thereto or to dedications made thereon.

(B)    Clerk’s Certificate—Board Approval. Clerk of the Board certificate stating that the Board of Supervisors approved the map and accepted or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(C)    Engineer’s or Surveyor’s Certificate. Engineer’s or surveyor’s certificate which shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete in conformance with usual survey practice as shown. The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(D)    County Surveyor’s Certificate. County Surveyor’s certificate stating:

(1)    He has examined the map.

(2)    The subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof.

(3)    All provisions of this chapter and of all local ordinances applicable at the time of approval of the tentative map have been complied with.

(4)    He is satisfied that the map is substantially correct.

(E)    Auditor-Controller’s Certificate. County Auditor-Controller’s tax and assessment certificate stating that, according to the records, there are no liens against the subdivision or any part thereof for unpaid State, County, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. As to taxes or special assessments collected as taxes which are a lien but not yet payable, the certificate shall give an estimate of the amount of said taxes and assessments.

(F)    Recorder’s Certificate. County Recorder’s certificate stating the date on which the map was received for recording and that after having examined the map, it was acceptable for recording. It shall also contain the recording data.

(G)    Clerk’s Certificate Regarding Deposits. Clerk of the Board’s tax bond certificate certifying that surety has been posted with the County in accordance with Section 66493 of the Government Code to guarantee payment of taxes and assessments, if any, which are a lien against the subdivision, but not yet payable. [Ord. 2509, 1977; Ord. 2093, 1975].

14.01.210 Nondedicated streets.

In the event any street shown on a subdivision map is not offered for dedication, the owner’s certificate as noted in SCCC 14.01.209 may contain a statement to this effect. If such statement appears on the map and if the map is approved by the Board of Supervisors, the use of any such street or streets by the public shall be permissive only. An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property, unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate. [Ord. 2093, 1975].

14.01.211 County Surveyor’s certification.

The County Surveyor shall complete and file with the Board his certificate, within 20 days from the time the final map is submitted to him by the subdivider for approval, if all tentative map conditions and all requirements of this chapter are met.

Article IV. Parcel Maps

14.01.212 Form and content of parcel maps.

The parcel map and any additional map or separate document containing nontitle information shall be recorded or filed as appropriate simultaneously by and at the expense of the subdivider and shall conform to all of the following provisions:

(A)    Each map sheet filed simultaneously shall comply with the following requirements.

(1)    It shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor and shall show the location of streets and property lines bounding the property.

(2)    It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(3)    The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the maps shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(4)    Each parcel shall be numbered and each block may be numbered or lettered. Street names acceptable to the Fire Marshal shall be shown.

(5)    The exterior boundary of the land included within the subdivision shall be indicated by a distinctive symbol which shall be identified in a legend.

(6)    The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a designated remainder parcel, the location of any remainder parcel shall be indicated but need not be indicated as a matter of survey but only by deed reference to the existing record of such remainder if such remainder parcel has a gross area of five acres or more.

(7)    The parcel map shall define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purposes, public or private, and any private streets or roads permitted under the provisions of the applicable tentative map approved conditions with all dimensions, boundaries and courses clearly shown and defined in every case. Sufficient linear, angular and radial data shall be shown to readily determine the bearing and length of the boundaries of the subdivision and the parcels being created. Length, radius and central angle of all curves shall be shown.

(8)    Easements and rights-of-way which affect the created parcels shall be noted on the map.

(B)    Parcel Maps. In addition to the general requirements set forth in subsection (A) of this section, the parcel map shall comply with the following specific requirements.

(1)    On and after January 1, 1987, to the extent that any requirement of this section does not affect record title interests, such requirements shall not be included on the parcel map itself, but rather on a separate additional map sheet or separate document recorded simultaneously. The parcel map shall, however, contain a notation or reference to the effect that additional nontitle information required by County ordinance is included on a separate additional map sheet or separate document recorded simultaneously.

(2)    In accordance with the provision of SCCC 14.01.209, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map, shall be placed on the face of the map; except that with respect to the division of land into four or fewer parcels, when dedication or offers of dedication are not required, the certificate shall be signed and acknowledged by the subdivider only.

(3)    All monuments and other evidence found on the site used to determine the boundaries of the subdivision shall be shown on the map.

(4)    The map shall identify location and kind of survey monuments set or found in conjunction with the preparation of the map.

(5)    If the subdivision adjoins any tidewater, a meander line shall be shown, and identified as such.

(6)    The survey monuments set or reset by the engineer or surveyor shall not be less substantial than one-half inch diameter galvanized iron pipe and not less than 30 inches long. The monuments shall also contain the certificate number of the engineer or surveyor performing the work in accordance with the provisions of Section 8772 of the Business and Professions Code of the State of California.

(7)    Any offers for dedications, or deed restrictions to protect solar access, required as a tentative map condition shall be included as part of the owner’s certificate.

(C)    Nontitle Information Sheets. In addition to the general requirements set forth in subsection (A) of this section, the nontitle information sheets shall comply with the following requirements:

(1)    On and after January 1, 1987, information which does not affect record title interests shall be in the form of a separate additional map sheet or separate document recorded or filed simultaneously.

(2)    Any city boundary or urban services line which crosses or adjoins the subdivision shall be clearly designated.

(3)    All specific requirements noted as conditions of approval for the tentative parcel map shall be simultaneously recorded or filed, as appropriate, with the County Recorder as a separate document containing nontitle information, but need not comply with the requirements set forth in subsection (A) of this section.

(4)    Sufficient information, as deemed necessary, to evaluate solar access protection including, but not limited to, building envelopes and shadow plans.

(5)    Building envelopes, building setback lines and bulk plane shall be clearly designated.

(6)    Any agricultural buffer shall be clearly designated.

(7)    Any riparian corridor, and any required setback therefrom, shall be clearly designated.

(8)    Any identified geologic hazard zone shall be clearly designated.

(9)    Any identified archaeological site shall be clearly designated.

(10)    Any waiver, hold harmless or insurance provision shall be stated. [Ord. 4102 § 4, 1990; Ord. 3931 § 2, 1988; Ord. 3860 §§ 2, 3, 1987; Ord. 3469 § 5, 1983].

14.01.213 Survey basis for parcel map.

In all cases where a parcel map is required, such map shall be based either upon a field survey made in conformity with the Land Surveyors Act, or be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the parcel map if the location of at least one of these boundary lines can be established from an existing monumented line. [Ord. 2443, 1977; Ord. 2093, 1975].

14.01.214 Certificates.

In addition to the owner’s certificate noted in SCCC 14.01.209, the following shall appear on a parcel map:

(A)    Engineer’s or Surveyor’s Certificate.

This map was prepared by me or under my direction (and was compiled from recorded data)/(and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act at the request of

_________________________________________

(name of person authorizing map)

on ______________

. I hereby state that this parcel map substantially conforms to the approved or

(date)

 

conditionally approved tentative map, if any.

(Signed) _________________________

R.C.E. (or L.S.) No. ________________

(B)    If a field survey was performed, the certificate of the engineer or surveyor shall include the statement:

All monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retraced.

(C)    Recorder’s Certificate.

Filed this __________________ day of ___________ 20 _____ in Book ________ of parcel maps at page ________, at the request of _________________.

Signed ________________________

(County Recorder)

by: ________________________

(Deputy)

(D)    County Surveyor’s Certificate.

The map conforms with requirements of the Subdivision Map Act and local ordinance.

Dated: ______________________

Signed ________________________

(County Surveyor)

(E)    Clerk of the Board Certificate.

The Clerk of the Board of Supervisors of the County of Santa Cruz does hereby certify that all certificates and securities required under the provisions of Sections 66492 and 66493 of the Government Code have been duly filed and deposits have been duly made. Pursuant to the authority delegated to me by said Board, I hereby approve said certificates and securities on behalf of the County of Santa Cruz.

_______________

______________

Clerk of the Board of Supervisors

Date

by

_____________

 

Deputy Clerk

[Ord. 3615 § 1, 1985; Ord. 2093, 1975].

Part III. PROCEDURE

Article I. General

14.01.301 Applicability.

The procedures set forth in this part shall govern the processing, approval, conditional approval or disapproval and filing of tentative, final and parcel maps and the modification thereof. [Ord. 2443, 1977; Ord. 2093, 1975].

14.01.302 Extension of time limits.

The time limits specified in this chapter for reporting and acting on maps may be extended by mutual consent of the subdivider and the Planning Director or by the Board. [Ord. 2443, 1977; Ord. 2093, 1975].

14.01.303 Processing fee set by resolution.

Processing fees shall be established by resolutions of the Board for tentative maps, final maps, and parcel maps. See SCCC 14.01.429 and 14.01.430. The prescribed fees, plus recording fees, when applicable, must be paid when the maps are filed. [Ord. 2093, 1975].

14.01.304 Notice.

Notices of all actions taken pursuant to this chapter shall be in accordance with the requirements of Chapter 18.10 SCCC. [Ord. 3436 § 2, 1983; Ord. 2443, 1977; Ord. 2093, 1975].

Article II. Tentative Maps

14.01.305 Application.

Applications for land division permits pursuant to this chapter shall be processed according to Chapter 18.10 SCCC at the following levels:

2 to 4 dwelling sites

Level VI parcel map

5 to 19 dwelling sites

Level VI final map

20 or more dwelling sites

Level VII final map

[Ord. 4243 § 3, 1993; Ord. 3436 § 2, 1983; Ord. 2443, 1977; Ord. 2093, 1975].

14.01.305.1 Notice to school districts.

Within 10 days of the filing of tentative map, the Director shall send notice of the filing of the tentative map as required by Section 66455.7 of the Government Code to the board of trustees of any school district within the boundaries of which the subdivision is proposed to be located. The said notice shall notify any such school board that it may within 20 days of the date of the notice send a written report to the Planning Agency which is to act on the tentative map indicating the impact of the proposed subdivision on the affected school district and making such recommendations as the board of trustees deems appropriate. [Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.306 Number of tentative map copies required.

Twenty copies of the tentative map are required, of which one shall be the original or an acceptable reproducible copy thereof. [Ord. 4243 § 4, 1993].

14.01.307 Effective time of filing.

The effective time of filing a tentative map shall be the time when the application has been completed in full compliance with this chapter as to form and content. The tentative map application shall be reviewed for completeness as to form and content by the Planning Director and the Director shall notify the applicant in writing as to what must be done to complete the application within 30 days from the day the application was originally submitted. [Ord. 3228 § 2, 1982; Ord. 2093, 1975].

14.01.308 Tentative map for which a parcel map or a final map is required—Processing.

(A)    Subdivisions for which a parcel map or final map is required shall be processed according to the provisions of Chapter 18.10 SCCC, Level VI if for two to 19 dwelling sites, condominiums, or townhouse units to be created, and at Level VII for 20 or more such units. A written report prepared by the Director shall be submitted to the Planning Commission for review at a public hearing pursuant to Chapter 18.10 SCCC.

(B)    When the County’s position on a tentative map issue is at variance with that of a reviewing agency, the staff report shall address the issue in detail, giving reasons why specific comments and recommendations were not accepted and listing factors of overriding importance used in the determination.

(C)    For applications for 20 or more such units, the Planning Commission may modify the report in any way it deems necessary or desirable and shall send its recommendation to the Board within 50 days after formal acceptance of the tentative map by the Director. At the next regular meeting of the Board following the filing of the Planning Commission’s report with it, the Board shall set the date at which it will consider the tentative map, which date shall be within 30 days thereafter and the Board shall approve, conditionally or disapprove the tentative map within that 30-day period. Final action on these tentative maps is vested in the Board, which may approve, conditionally approve, or disapprove the tentative map, except that where the Planning Commission recommends disapproval of a tentative map, the Board will, in the absence of a filed appeal pursuant to Article VI of Chapter 18.10 SCCC, consider the map disapproved and no further action is required.

(D)    For applications for two to 19 such units, action by the Planning Commission to approve, conditionally approve or disapprove a tentative map shall be taken within 50 days after filing of a tentative map with the Director and the Planning Commission shall report its action to the subdivider.

(E)    The time periods specified in subsections (C) and (D) of this section shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

(F)    When Section 66455.5 of the Government Code requires the submission of the tentative map to the Office of Intergovernmental Management, the time may be extended for action on such map if it is required to allow consideration of the evaluation received from the Office of Intergovernmental Management, but such extension shall not exceed 15 days. [Amended during 9/07 supplement; Ord. 4836 § 116, 2006; Ord. 4496-C §§ 70, 71, 1998; Ord. 4243 § 5, 1993; Ord. 3436 § 2, 1983; Ord. 3228 § 3, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].*

*    Code reviser’s note: Ord. 4836 had two sections numbered “116.”

14.01.308.1 Report to subdivider.

Any report or recommendation on a tentative map, or a tentative map extension, to the Planning Commission or Board shall be in writing and a copy thereof served on the subdivider at least three days prior to any hearing or action on such map.

14.01.309 Tentative map for which parcel map is required (minor land division)—Processing.

Repealed by Ord. 4243. [Ord. 3228 § 4, 1982; Ord. 2965, 1980; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2452, 1977; Ord. 2257, 1976; Ord. 2093, 1975].

14.01.310 Failure to act within time limits—Automatic approval.

If no action is taken upon a tentative map by the Planning Commission or by the Board within the time limits specified in this chapter or any authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it complies with the other applicable requirements of the Subdivision Map Act, this chapter and due process, and it shall be the duty of the Clerk of the Board to state such approval. [Ord. 4243 § 7, 1993; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.311 Appeals from action taken on a tentative map for a minor land division by the Director.

Repealed by Ord. 4243. [Ord. 4075 § 9, 1990; Ord. 3436 § 2, 1983; Ord. 3184 § 1, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.312 Appeals from actions taken on a tentative map by Commission.

(A)    The subdivider may appeal to the Board from any action of the Planning Commission with respect to a tentative map.

(B)    A notice of appeal by the subdivider shall describe the act or determination appealed, include a concise statement of the grounds of the appeal, and be accompanied by the filing fee set by resolution of the Board of Supervisors.

(C)    Any such appeal shall be filed with the Clerk of the Board within 10 calendar days after the action of the Planning Commission from which the appeal is being taken.

(D)    Upon the filing of an appeal, the Board shall set the matter for hearing. Such hearing shall be held within 30 days after the date of filing the appeal. Such hearing shall be a public hearing for which notice shall be given in the time and manner provided. Within 10 days following the conclusion of the hearing, the Board shall render its decision on the appeal. The decision shall comply with the provisions of Sections 66473, 66473.5 and 66474 of the Government Code, and shall include any finding required by such sections. The Clerk shall notify the subdivider of the Board’s decision within five working days following said decision.

(E)    The Clerk shall notify the complainant and subdivider of the action taken, in writing, within five working days following said decision. [Ord. 4075 § 10, 1990; Ord. 3730 § 1, 1986; Ord. 3436 § 2, 1983; Ord. 3184 § 2, 1982; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.313 Complaint by interested person—Filing.

(A)    Any interested person adversely affected by the decision of the Planning Commission may file a complaint with the Board concerning any decision of the Planning Commission on a tentative map.

(B)    All appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance to the procedures of SCCC 18.10.310 et seq.

(C)    Any such complaint shall be filed with the Clerk of the Board within 10 calendar days after the action of the Planning Commission which is the subject of the complaint. Upon the filing of the complaint, the Board shall set the matter for hearing. Such hearing shall be held within 30 days after the filing of the complaint. Such hearing shall be a public hearing for which notice shall be given in the time and manner provided in SCCC 18.10.330(B).

(D)    Upon conclusion of the hearing, the Board shall, within seven days, declare its findings based upon the testimony and documents produced before it or the Advisory Agency. It may sustain, modify, reject or overrule any recommendations or rulings of the Advisory Agency and may make such findings as are not inconsistent with the provisions of the Subdivision Map Act or this chapter.

(E)    The Clerk shall notify the complainant and subdivider of the action taken, in writing, within five working days following said decision. [Ord. 4075 § 11, 1990; Ord. 3436 § 2, 1983; Ord. 3184 § 3, 1982; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.313.1 Special consideration by Board.

The Board may consider any decision of the Director or Planning Commission in the manner provided in SCCC 18.10.350. [Ord. 2213 § 10, 1975].

14.01.314 Failure to act on appeals—Effect.

If the Board fails to act upon an appeal within the time limits specified in this chapter, the tentative map, insofar as it complies with applicable requirements of this chapter, the State Subdivision Map Act, and due process, shall be deemed to be approved or conditionally approved as per the last previous action taken, and it shall be the duty of the Clerk of the Board to state such approval, or conditional approval, and report such action to the applicant within five working days following such deadline for action. [Ord. 4243 § 9, 1993; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.315 Expiration of tentative maps.

(A)    An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. However, if the subdivider is required to expend $125,000 or more to construct, improve, or refinance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map or parcel map authorized by SCCC 14.01.322.5 or 14.01.330.5 shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final or parcel map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the California Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final or parcel maps which may be filed shall be determined by the Approving Body at the time of the approval or conditional approval of the tentative map.

(1)    The amount of $171,250 shall be increased by the registrar of contractors according to the adjustment for inflation set forth in the Statewide cost index for Class B construction, as determined by the State Allocation Board at its January meeting. The adjustment by the registrar of contractors shall be effective on the first day of the month occurring more than 30 calendar days after the registrar of contractors makes that adjustment.

(2)    “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

(B)    The period of time for filing a final or parcel map, including any extension thereof granted pursuant to SCCC 14.01.316, shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence, provided, however, the length of the moratorium shall not exceed five years. The period of time for filing a final or parcel map shall also not include any period of time during which a lawsuit has been filed and is or was pending in a court of competent jurisdiction challenging the approval or conditional approval of the tentative map if a stay of the time period is approved by the Board of Supervisors, in accordance with time deadlines specified in Section 66452.6 of the Government Code.

(C)    For the purposes of this section, a “development moratorium” means a water or sewer moratorium, or a water and sewer moratorium, or any action or actions of either the County or other public agencies which regulate land use, development, or the provision of services to the land, when such action or actions prevent, prohibit, or delay the approval of a final or parcel map. A “development moratorium” shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the County could not be satisfied because the condition was one which, by its nature, necessitated action by the County, and the County either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action prior to expiration of the tentative map.

(D)    Whenever feasible, development permits shall be conditioned to expire at the same time the tentative map expires, or such other date which will facilitate concurrent consideration of the maps and the permits.

(E)    The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.

(F)    Time limits established herein are designed to carry out the policy of the Subdivision Map Act and County policy to provide for periodic review of development proposals in the light of changed conditions such as changes in the law, new court decisions, changed County policies, and any revisions or pending revisions of the County General Plan or zoning ordinance. [Ord. 4836 § 117, 2006; Ord. 4181 § 6, 1992; Ord. 3207 § 1, 1982; Ord. 3184 § 4, 1982; Ord. 2222, 1975; Ord. 2093, 1975].*

*    Code reviser’s note: Ord. 4836 had two sections numbered “117.”

14.01.316 Extension of time to file final or parcel maps.

(A)    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 not exceeding a total of five years. The period of extension specified in this section shall be in addition to the period of time provided by SCCC 14.01.315(A). A timely filing of an application for an extension of the tentative map shall automatically extend the tentative map approval for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. Requests for time extensions for all subdivision tentative map approvals shall be initiated by the subdivider on forms provided by the Planning Department. Such requests shall be processed pursuant to Processing Level VI (Planning Commission) in accordance with Chapter 18.10 SCCC, and the appropriate appeal procedures set forth in SCCC 18.10.310 through 18.10.360. When considering such requests, the Planning Commission may add or modify any conditions of approval of the original tentative map.

(B)    As provided in subsection (a) of Government Code Section 66452.13, the expiration date of any tentative map for which the tentative map has been approved and has not expired on or before May 14, 1996, shall be automatically extended by 12 months. [Amended during 9/07 supplement; Ord. 4437 § 1, 1996; Ord. 4243 § 10, 1993; Ord. 4181 § 7, 1992; Ord. 3887 § 1, 1988; Ord. 3816 § 1, 1987; Ord. 3595 § 1, 1984; Ord. 3436 § 2, 1983; Ord. 3300 § 1, 1983; Ord. 3184 § 5, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.316.5 Amendments to subdivision approvals.

Amendments to approvals granted pursuant to this chapter, whether for change of project or conditions, shall be processed in the manner set forth at SCCC 18.10.134. The appeal procedures set forth in SCCC 18.10.310 through 18.10.360 shall apply. [Amended during 9/07 supplement; Ord. 4181 § 8, 1992].

Article III. Environmental Review

14.01.317 Protection of the environment.

(A)    Environmental Impact. All maps under this chapter shall be processed in accordance with County rules, County Environmental Impact Guidelines, State Environmental Impact Report Guidelines, and CEQA as prescribed in Chapter 16.01 SCCC.

(B)    Significant Natural Resources. Whenever a proposed subdivision contains significant natural resources, a plan for their protection and management shall be required as a condition for approval of the tentative map. Said plan shall be submitted for review and approval by either the Director or the Planning Commission, as the case may be, before the parcel map or the final map can be recorded.

(C)    Unique Areas of Countywide Significance. Whenever a proposed subdivision contains unique areas of Countywide significance, the approving officer or body shall give consideration on a case-by-case basis for either dedication of said area to the public or some other assurance for future protection thereof. [Ord. 2800, 1979; Ord. 2222, 1975; Ord. 2213, 1975; Ord. 2117, 1975].

Article IV. Review of Tentative Map by Other Agencies

14.01.318 Review by cities.

(A)    A city may make recommendations concerning proposed subdivisions in any adjoining unincorporated territory provided such subdivisions are within three miles of the exterior boundary of such city. A city which desires to make recommendations concerning such proposed subdivisions shall file with the Director a map indicating the territory in which it desires to make such recommendations.

(B)    Upon receiving such territorial map from a city, the Director shall issue a receipt therefor and shall thereafter transmit to the official designated by such city one copy of each tentative map of subdivisions located wholly or partially within the territory outlined on the territorial map. Such transmission shall be made within five days after the receipt of the tentative map.

(C)    Any city receiving such tentative map shall make its recommendation to the Director within 15 days after receipt of such tentative map. The recommendations shall be taken into consideration by the Director or the Board before action is taken upon the tentative map. [Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.319 Review by State.

The State Department of Transportation may file with the Director a map or an amended map of any territory within one mile on either or both sides of any State highway in which territory it believes the subdivision would have an effect upon an existing State highway or a future State highway, the route of which has been adopted by the California Highway Commission. The Director shall issue a receipt for the territorial map and thereafter shall transmit to the appropriate district office of the Department of Transportation within three days after the receipt thereof, one copy of each tentative map of any subdivision located wholly or partly within the territory outlined on the territorial map. The Department of Transportation upon receiving a copy of the map may, within 15 days after receipt thereof, make recommendations to the Director in connection therewith regarding the effect of the proposed subdivision upon such highway or highway route. [Ord. 5061 § 26, 2009; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.320 Review by Intergovernmental Management Office.

Upon the filing of a tentative map, it may be submitted to the Office of Intergovernmental Management pursuant to Section 12037 of the Governmental Code for an evaluation of the environmental impact of the proposed subdivision. If the subdivision in question is a land project as defined by Section 11000.5 of the Business and Professions Code, such submission shall be required prior to approval of the map. [Ord. 2093, 1975].

14.01.321 Review by Coastal Commission.

The Director shall transmit to the Office of the California Coastal Zone Conservation Commission within three days after the receipt thereof, one copy of each tentative map of any subdivision located, wholly or partly, within the Coastal Zone, and such Commission may, within 15 days thereafter, make recommendation to the Director regarding the effect of the proposed subdivision upon the California Coastal Zone Conservation Plan. This section does not exempt any such subdivision from the permit requirements of Chapter 7 of Division 20 (commencing with Section 30600) or any successor provisions of the Public Resources Code. This section shall remain in effect only until the California Coastal Zone Conservation Commission or its successor ceases to exist. [Ord. 4496-C § 72, 1998; Ord. 2093, 1975].

Article V. Final Maps

14.01.322 General.

After the approval or conditional approval of 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 thereof prepared in accordance with the approved or conditionally approved tentative map. [Ord. 2093, 1975].

14.01.322.5 Multiple final maps.

(A)    Multiple final maps filed pursuant to Section 66456.1 of the California Government Code relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if either of the following conditions is satisfied:

(1)    The subdivider, at the time the tentative map is filed, provides a written notice to the Planning Commission or the Director of the subdivider’s intention to file multiple parcel maps on the tentative map.

(2)    After filing of the tentative map, the Planning Commission or the Board and the subdivider concur in the filing of multiple parcel maps.

(B)    In providing the notice specified in subsection (A) of this section, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. The right of the subdivider to file multiple final maps shall not limit the authority of the County to impose reasonable conditions relating to the filing of multiple final maps. [Ord. 4181 § 9, 1992].

14.01.323 Filing map.

A final map conforming to the approved or conditionally approved tentative map, if any, shall be filed with the County Surveyor prior to the expiration of the tentative map, after all required certificates on such map have been signed and, where necessary, acknowledged. [Ord. 2093, 1975].

14.01.324 Accompanying data.

(A)    The final map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary to the preparation and recordation of the map and to the dedication of streets, alleys and other public places shown on said map, and certifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to the subdivision.

(B)    Prior to submittal of the final map to the Board for approval, the County Surveyor shall require formal notification from the Health Officer and all affected public utility companies that all water supply, sewage disposal and public utility requirements have been satisfied. The subdivider shall coordinate his work with the affected agencies to ascertain that said formal notifications can be issued.

(C)    The final map shall be accompanied by boundary traverses in accordance with the requirements noted in SCCC 14.01.208(S). [Ord. 2093, 1975].

14.01.325 Time for filing.

In order that the final map may be adequately checked, it should be filed with the County Surveyor not less than three months prior to expiration date of the tentative map approval. All conditions imposed by this chapter and the tentative map approval which in any way may inhibit the checking of said map shall be met prior to its submittal. Once a timely filing of a final map is made with the County Surveyor which conforms to all the conditions imposed by this chapter and the tentative map approval, subsequent actions of the Board of Supervisors, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Requests for extension of time to file the final map shall follow the procedure set forth in SCCC 14.01.316. [Ord. 4265 § 1, 1993; Ord. 3816 § 2, 1987; Ord. 2655, 1979; Ord. 2093, 1975].

14.01.326 Filing map with both city and County.

If the subdivision lies entirely within unincorporated territory, the map shall be filed with the County Surveyor; and if partially within a city and unincorporated territory, the map shall be filed with both the city engineer and the County Surveyor, and each shall act thereon. [Ord. 2093, 1975].

14.01.327 Board action on final map.

(A)    Board Action on Final Map. The Board shall within a period of 10 days after the final map is filed with its Clerk by the County Surveyor, or at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of this chapter, or, if it does not so conform, disapprove the map.

(B)    Failure of Board to Act. If the Board does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the Clerk of the Board shall certify its approval thereon. [Ord. 2093, 1975].

14.01.328 Subdivider agreement for improvements.

If, at the time of approval of the final map by the Board, any public improvements required by the County have not been completed and accepted, the Board, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the County to thereafter complete such improvements at the subdivider’s expense pursuant to SCCC 14.01.510. [Ord. 2093, 1975].

Article VI. Parcel Maps

14.01.329 General.

The procedure for processing, approval, conditional approval or disapproval and filing of parcel maps and modifications thereof shall be as provided herein. The provisions of SCCC 14.01.412, 14.01.413 and 14.01.414 relating to dedications and offers of dedication on final maps shall apply to dedications and offers of dedications on parcel maps. [Ord. 2093, 1975].

14.01.330 Filing map.

After the approval or conditional approval of the tentative map, the subdivider may cause a parcel map to be prepared in accordance with the requirements of this chapter and any applicable conditions of the tentative map. The parcel map shall meet all conditions of this chapter and the tentative map approval and shall contain all required certificates, appropriately signed and acknowledged, where necessary, prior to filing the map with the County Surveyor. Final approval of parcel maps is vested in the County Surveyor. Once a timely filing of a parcel map is made with the County Surveyor which conforms to all the conditions imposed by this chapter and the tentative map approval, subsequent actions of the County Surveyor, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. In order that the parcel map may be adequately checked, it should be filed with the County Surveyor not less than three months prior to the expiration date of the tentative map approval. Requests for extension of time to file the parcel map shall follow the procedure set forth in SCCC 14.01.316. [Ord. 4265 § 2, 1993; Ord. 2093, 1975].

14.01.330.5 Multiple parcel maps.

(A)    Multiple parcel maps filed pursuant to Section 66463.1 of the California Government Code relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if either of the following conditions is satisfied:

(1)    The subdivider, at the time the tentative map is filed, provides a written notice to the Director of the subdivider’s intention to file multiple parcel maps on the tentative map.

(2)    After filing of the tentative map, the Director, Planning Commission or Board and the subdivider concur in the filing of multiple parcel maps.

(B)    In providing the notice specified in subsection (A) of this section, the subdivider shall not be required to define the number or configuration of the proposed multiple parcel maps. The filing of a parcel map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. The right of the subdivider to file multiple parcel maps shall not limit the authority of the County to impose reasonable conditions relating to the filing of multiple parcel maps. [Ord. 4181 § 10, 1992].

14.01.331 Accompanying data.

The parcel map shall be accompanied by a report prepared by a duly authorized title company naming the persons whose consent is necessary to the preparation and recordation of the map and to the dedication of land and certifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to the subdivision. [Ord. 2093, 1975].

Article VII. Filing Maps with Recorder

14.01.332 Final map.

When all security required under the provisions of this chapter to secure the payment of taxes and assessments which are a lien on some part of a subdivision of five or more parcels but which are not due and payable have been deposited with the Clerk of the Board and approved by said Board, the Clerk of the Board shall certify that such deposits have been made and shall transmit the map to the Recorder. [Ord. 2093, 1975].

14.01.333 Parcel map.

After approval of a parcel map by the County Surveyor, he shall transmit the map to the Recorder. [Ord. 2093, 1975].

14.01.334 Final proof of ownership.

The subdivider shall present to the Recorder evidence that, at the time of the filing of the final or parcel map in the Office of the Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this chapter as shown by the records in the Office of the Recorder; otherwise the map shall not be filed. [Ord. 2093, 1975].

14.01.335 Recording—Time limit.

The Recorder shall have not more than 10 days within which to examine a final or parcel map and either accept or reject it for filing. [Ord. 2093, 1975].

14.01.336 Recorder’s certificate—Indexing.

If the Recorder accepts the map for filing, such acceptance shall be certified on the face thereof. The map shall be filed in a book of maps, or in a book of parcel maps, or in such other manner as will assure that such maps will be kept together. The map shall become a part of the official records of the Recorder upon its acceptance by him for filing. [Ord. 2093, 1975].

14.01.337 Recording fee.

The fee for filing and indexing such map is as prescribed in Section 27372 of the Government Code and shall be paid by the subdivider. [Ord. 2093, 1975].

14.01.338 Preservation of maps—Prints.

The original map shall be stored for safekeeping in a reproducible condition. The Recorder shall maintain for public reference a set of counter maps that are prints of the original maps and produce the original maps for comparison upon demand. [Ord. 2093, 1975].

14.01.339 Recordation—Constructive notice.

The filing for record of a final or parcel map by the Recorder shall automatically and finally determine the validity of such map and when recorded shall impart constructive notice thereof. [Ord. 2093, 1975].

Article VIII. Correction and Amendment of Maps

14.01.340 Method of correcting recorded maps.

After a final map or parcel map is filed in the Office of the Recorder, it may be amended by a certificate of correction or an amending map in order:

(A)    To correct an error in any course or distance shown thereon;

(B)    To show any course or distance that was omitted therefrom;

(C)    To correct an error in the description of the real property shown on the map;

(D)    To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

(E)    To show the proper location or character of any monument which originally was shown at the wrong location or incorrectly as to its character; or

(F)    To correct any other type of map error or omission as approved by the County Surveyor or City Engineer, which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.

As used in this section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map. [Ord. 2506, 1977; Ord. 2443, 1977; Ord. 2093, 1975].

14.01.341 Authority to amend map content.

The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. An amending map shall conform to the requirements of SCCC 14.01.208 (final maps) or 14.01.212 (parcel maps). The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. [Ord. 2506, 1977; Ord. 2093, 1975].

14.01.342 County Surveyor’s certification.

The County Surveyor shall examine the amending map or certificate of correction and if the only changes made are those set forth in SCCC 14.01.340, he shall certify to this fact on the amending map or certificate of correction. [Ord. 2093, 1975].

14.01.343 Recording.

The amending map or certificate of correction certified by the County Surveyor shall be filed in the Office of the Recorder. Upon such filing, the Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map. [Ord. 2093, 1975].

Article IX. Reversion to Acreage

14.01.344 Method of reverting land to acreage.

Reversion of subdivided land to acreage shall be done in accordance with the following provisions in this article. [Ord. 3436 § 2, 1983; Ord. 2093, 1975].

14.01.345 Initiative to revert.

Proceedings for reversion to acreage may be initiated by the Board for property subdivided by a final map, or by the Planning Director for property subdivided by a parcel map, or by petition to the Board by all the owners of record of the real property within the subdivision. The petition shall contain the following:

(A)    A title report to all the real property within the subdivision.

(B)    Sufficient data to enable the Board or Planning Director to make all the determinations and findings required by this section.

(C)    A final map for property previously subdivided by a final map or a parcel map for property previously subdivided by a parcel map to delineate dedications which will not be vacated and dedications which are a condition of a reversion. [Ord. 3436 § 2, 1983; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.346 Fee.

A fee in an amount to be determined by resolution of the Board shall be paid by the party initiating the petition for reversion to acreage. [Ord. 3436 § 2, 1983; Ord. 2093, 1975].

14.01.347 Public hearing—Notice.

A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided in Chapter 18.10 SCCC, Level VII. [Ord. 3436 § 2, 1983; Ord. 2093, 1975].

14.01.348 Findings required.

Subdivided real property may be reverted to acreage only if the Board finds that:

(A)    Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(B)    Either:

(1)    All owners of an interest in the real property within the subdivision have consented to reversion; and

(2)    None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

(3)    No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record. [Ord. 2093, 1975].

14.01.349 Required conditions.

As conditions of reversion, the Board shall require:

(A)    Dedications or offers of dedication necessary for widening of public roads and construction of drainage or sewer facilities following reversion.

(B)    Retention of all previously paid fees if necessary to accomplish the purposes of this section. [Ord. 2093, 1975].

14.01.350 Effect upon recordation.

Reversion shall be effective upon the final map or parcel map, as the case may be, being filed for record by the Recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to SCCC 14.01.349. A tax bond shall not be required in reversion proceedings.

Part IV. REQUIREMENTS

Article I. General

14.01.401 Compliance with this chapter.

The Board of Supervisors or Planning Commission shall disapprove a tentative map or a final subdivision map or parcel map for failure to meet or perform any of the requirements or conditions imposed by this chapter and the Subdivision Map Act; provided, that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the timer of approval of the tentative map; and provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The Board of Supervisors or Planning Commission may waive any technical and inadvertent error upon finding that such error does not materially affect the validity of the map. [Ord. 4243 § 11, 1993; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2443, 1977; Ord. 2093, 1975].

14.01.402 Compliance with General Plan—Area plan—Zoning.

(A)    Compliance with General Plan. The Board of Supervisors or Planning Commission shall not approve a tentative map unless it is found that the proposed subdivision, together with the provisions of its design and improvements, is consistent with the General Plan required by Article 5 of Chapter 3 of Division 1 of the California Government Code (commencing with Section 65300), or any specific plan adopted pursuant to Article 8 of Chapter 3 of Division 1 of the California Government Code (commencing with Section 65450).

(B)    Consistency with Area Plan. A proposed subdivision shall be considered with the General Plan or a Specific Area Plan where the County has officially adopted such a plan, and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan.

(C)    Compliance with Zoning. All subdivisions shall comply with Chapter 13.10 SCCC with respect to uses of land, lot sizes and dimensions and other applicable regulations. Except where this chapter or conditions of approval of a tentative map impose higher standards, the requirements of this chapter or such conditions shall prevail. [Ord. 4243 § 12, 1993; Ord. 3228 § 5, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2213, 1975; Ord. 2093, 1975].

14.01.403 Denial of approval—Findings.

The Board of Supervisors or Planning Commission shall deny approval of a tentative map if it makes any of the following findings:

(A)    That the proposed map is not consistent with applicable general and specific plans.

(B)    That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(C)    That the site is not physically suitable for the type of development.

(D)    That the site is not physically suitable for the proposed density of development.

(E)    That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(F)    That the design of the subdivision or the type of improvements is likely to cause serious public health or safety problems.

(G)    That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. In this connection, the Board of Supervisors or Planning Commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section 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 Board of Supervisors or the Planning Commission to determine that the public at large has acquired easements for access through, or use of property within, the proposed subdivision. [Ord. 4243 § 13, 1993; Ord. 3228 § 6, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.404 Final map approval based on compliance with tentative map.

The Board of Supervisors shall not deny approval of a final subdivision map for any of the reasons set forth in SCCC 14.01.403 if a tentative map for the proposed subdivision was previously approved and if it is found that the map, as presented, is in substantial compliance with the previously approved tentative map. [Ord. 2443, 1977; Ord. 2093, 1975].

14.01.405 Parcel map approval based on compliance with tentative map.

The Board of Supervisors shall not deny approval of a parcel map for any of the reasons set forth in SCCC 14.01.403 if a tentative map for the proposed subdivision was previously approved and it is found that the map, as presented, is in substantial compliance with the previously approved tentative map. [Ord. 2443, 1977; Ord. 2093, 1975].

14.01.406 Land projects—Approval—Limitations.

The Board of Supervisors shall not approve a final map for any land project, as defined in Section 11000.5 of the Business and Professions Code, unless:

(A)    The County has adopted a specific plan covering the area proposed to be included within the land project.

(B)    The County finds that the proposed land project, together with the provisions for its design and improvement, is consistent with specific plan for the area.

This section shall apply to land projects for which tentative maps were approved on or after November 10, 1969. [Ord. 2093, 1975].

14.01.407 Sanitary waste considerations.

The Board of Supervisors or Planning Commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Board pursuant to Division 7 (commencing with Section 13000) or any successor provisions of the Water Code. In the event that the Board of Supervisors or Planning Commission finds that the proposed waste discharge would result in or add to violations of requirements of such regional water quality board, the tentative map or maps of the subdivision shall be denied. [Ord. 4496-C § 73, 1998; Ord. 4243 § 14, 1993; Ord. 3276 § 2, 1982; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.407.2 Solar design considerations.

(A)    The design of any subdivision for which a tentative map is required shall provide, to the maximum extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

(B)    Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of structures to maximize solar gains such as through the use of east-west lot alignments emphasizing southern exposure.

(C)    Examples of passive or natural cooling opportunities in subdivision design include such methods as design of lot size and configuration to permit orientations of structures to maximize possible cooling through shading, prevailing breeze, and northern exposures for ventilation.

(D)    In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements.

(E)    The requirements of this section do not apply to condominium projects which consist of the subdivision of air space in an existing building when no new structures are added.

(F)    For the purposes of this section, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(G)    Where neither lot size, lot configuration, or applicable zoning is sufficient to reasonably protect solar access to parcels in a new subdivision, the Planning Commission or Board of Supervisors may require the preparation and dedication of solar access easements or restrictive covenants.

(H)    The burdens and benefits of the solar easement shall be transferable and run with the land to subsequent grantees of the grantor(s) and of the grantee(s). All solar easements must include, at a minimum, all of the following:

(1)    A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device, or structural design feature may not be obstructed, or a combination of these descriptions.

(2)    The restrictions placed upon vegetation, structures, and other objects which would impair or obstruct the passage of sunlight through the easement.

(3)    The terms or conditions, if any, under which the easement may be revised or terminated. [Ord. 4243 § 15, 1993; Ord. 3469 § 6, 1983; Ord. 3276 § 3, 1982].

14.01.407.5 Agricultural notification.

When a parcel adjacent to agricultural land, as designated on the agricultural resources map established under SCCC 16.50.040, is to be subdivided, the following statement shall, as a condition of approval, be included on the final map or parcel map, and in each parcel deed for the subdivision:

This subdivision is adjacent to property utilized for agricultural purposes, and residents of the subdivision may be subject to inconvenience or discomfort arising from the use of agricultural chemicals, including herbicides, pesticides, and fertilizers; and from the pursuit of agricultural operations, including plowing, spraying, pruning and harvesting which occasionally generate dust, smoke, noise and odor. Santa Cruz County has established agriculture as a priority use on productive agricultural lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary farm operations.

(Any deed conveying parcels or lots within this subdivision shall contain a statement substantially in the form stated above.)

Article II. Dedications

14.01.408 General.

A tentative map condition may require a subdivider to dedicate or irrevocably offer to dedicate real property within the subdivision for streets, alleys, bikeways, pedestrian paths, including access rights and abutter’s rights, drainage, public utility easements and other public easements. Such irrevocable offers may be terminated as provided in SCCC 14.01.415 and 14.01.416. [Ord. 2342, 1976; Ord. 2093, 1975].

14.01.409 Bicycle paths, pedestrian paths.

A subdivider may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths and pedestrian paths for the use and safety of the residents of the subdivision. [Ord. 2342, 1976; Ord. 2093, 1975].

14.01.410 Access rights—Waiver.

Dedication of streets may include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions. [Ord. 2093, 1975].

14.01.411 Parks—Recreation.

The Board of Supervisors, Planning Commission or Planning Director may require the dedication of land or the payment of fees in lieu thereof, pursuant to SCCC 15.01.060, for park or recreational purposes as a condition to the approval of a final map or parcel map. [Ord. 4243 § 16, 1993; Ord. 2673, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.412 Acceptance—Rejection of dedications.

At the time the final map is approved, the Board of Supervisors shall also accept, accept subject to improvements, or reject any offer of dedication. At the time the parcel map is approved, the County Surveyor shall accept, accept subject to improvements, or reject any offer of dedication. [Ord. 3670 § 1, 1985; Ord. 2093, 1975].

14.01.413 Rejection of offer—Later acceptance.

If at the time the final map or parcel map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer of dedication shall remain open and the Board of Supervisors may, by resolution at any later date, and without further action by the subdivider, rescind its action or an action of the County Surveyor and accept and open the streets, paths, alleys, or storm drainage easements for public use, which acceptance shall be recorded in the Office of the Recorder. [Ord. 2093, 1975].

14.01.414 Waterfront access—Acceptance—Time limit.

In the case of any subdivision fronting upon the ocean coastline or bay shoreline, the offer of dedication of public access route or routes from public access route or routes from public highways to land below the ordinary high water mark must be accepted within three years after the approval of the final map or parcel map; in the case of any subdivision fronting upon any access route or routes from public highways to the bank of the waterway, river or stream and the public easement along a portion of the bank of the waterway, river or stream must be accepted within three years after the approval of the final map or parcel map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency including the State, the offer of dedication of public route or routes from public highways to any water of such lake or reservoir must be accepted within five years after the approval of the final map or parcel map; all other offers of dedication may be accepted at any time. [Ord. 2093, 1975].

14.01.415 Termination of offers—Abandonment.

Offers of dedication which are covered by SCCC 14.01.413 may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of, or by Chapter 2 (commencing with Section 940) of Division 2, of the Streets and Highways Code, whichever is applicable. [Ord. 2443, 1977; Ord. 2093, 1975].

14.01.416 Termination of offers—Expiration of time.

Offers of dedication which are not accepted within the time limits specified in SCCC 14.01.414 shall be deemed abandoned. [Ord. 2093, 1975].

14.01.417 Effect of reversion or resubdivision on offers.

Except as provided in SCCC 14.01.348, 14.01.349 and 14.01.350, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the Board of Supervisors in case of a final map or the County Surveyor in case of a parcel map. [Ord. 2093, 1975].

14.01.418 Time of acceptance.

Acceptance of offers of dedication on a final map or a parcel map shall not be effective until either the final map is recorded in the Office of the Recorder or a resolution of acceptance by the Board of Supervisors is recorded in such office. [Ord. 2213, 1975; Ord. 2093, 1975].

14.01.419 School sites.

(A)    Any subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school shall dedicate to the school district, or districts, within which such subdivisions are to be located, such lands as the Board of Supervisors shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service. In no case shall the Board of Supervisors require the dedication of an amount of land which would make development of the remaining land held by the subdivider economically infeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

(B)    This requirement shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative maps in accordance with this chapter. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of dedication is imposed by the County, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision. The school district shall, in the event that it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

(1)    The cost of any improvements to the dedicated land since acquisitioned by the subdivider.

(2)    The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication.

(3)    Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

(C)    If the land is not used by the school district as a school site, within 10 years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.

(D)    The school district to which the property is dedicated shall record a certificate with the Recorder. The certificate shall contain the following information:

(1)    The name and address of the subdivider dedicating the property.

(2)    A legal description of the real property dedicated.

(3)    A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within 10 years after dedication.

(4)    Proof of the acceptance of the dedication by the school district and the date of acceptance. The certificate shall be recorded no more than 10 days after the date of acceptance of the dedication. The subdivider shall have the right to compel the school district to record such certificate, but until such certificate is recorded, any rights acquired by any third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subdivider.

(E)    If any subdivider is aggrieved by, or fails to agree to the reasonableness of, any requirements imposed pursuant to this section, he may bring a special proceeding in the Superior Court pursuant to Section 66499.37 of the California Government Code. [Ord. 2213, 1975; Ord. 2093, 1975].

Article III. Public Access to Public Resources

14.01.420 General.

It is essential to the health and well-being of the public that public access to public natural resources be increased. It is the intent of the Board of Supervisors to increase public access to public natural resources. [Ord. 2093, 1975].

14.01.421 Waterways—Reasonable access.

(A)    The Board of Supervisors or Planning Commission shall not approve a tentative map of any proposed subdivision to be fronted upon a public waterway, river or stream which does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision.

(B)    Reasonable public access shall be determined by the Board of Supervisors or Planning Commission. In making the determination of what shall be reasonable access, the following shall be considered:

(1)    That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel;

(2)    The size of the subdivision;

(3)    The type of riverbank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection, and teaching;

(4)    The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

(C)    A “public waterway, river or stream” means, for the purpose of SCCC 14.01.413 through 14.01.417 and 14.01.421 through 14.01.423, those waterways, rivers, and streams defined in Sections 100 through 106 of the Harbors and Navigation Code, any stream declared to be a public highway for fishing pursuant to Sections 25660 through 25662 of the Government Code, and rivers listed in Section 1505 of the Fish and Game Code as spawning areas, all waterways, rivers and streams downstream from any State or Federal salmon or steelhead fish hatcheries. [Ord. 4243 § 17, 1993; Ord. 2800, 1979; Ord. 2093, 1975].

14.01.422 Banks of waterways—Easements.

(A)    The Board of Supervisors or the Planning Commission shall not approve a tentative map or any proposed subdivision to be fronted upon a public waterway, river or stream which does not provide for dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision.

(B)    The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the County. In making the determination for reasonably defining the extent, width, and character of the public easement, the following shall be considered:

(1)    That the easement may be for a foot trail, bicycle trail, or horse trail.

(2)    The size of the subdivision.

(3)    The type of riverbank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection and teaching.

(4)    The likelihood of trespass on private property and reasonable means of avoiding such trespasses. [Ord. 4243 § 18, 1993; Ord. 2800, 1979; Ord. 2093, 1975].

14.01.423 Designation—Public agencies.

Any public access route or routes and any easement along the bank of a public waterway, river or stream provided by the subdivider shall be expressly designated on the tentative and final map or parcel map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication. [Ord. 2800, 1979; Ord. 2093, 1975].

14.01.424 Limitations.

(A)    Nothing in this chapter shall be construed to limit any powers or duties in connection with or affect the operation of beaches or parks in this State or to limit or decrease the authority, powers, or duties of any public agency or entity.

(B)    Nothing in SCCC 14.01.420 through this section shall require the Board of Supervisors, the Planning Commission, the Planning Director, or the County Surveyor to disapprove a tentative, parcel or final map solely on the basis that the reasonable public access otherwise required by this chapter is not provided through or across the subdivision itself, if the County makes a finding that such a reasonable public access is otherwise available within a reasonable distance from the subdivision.

(C)    Nothing in SCCC 14.01.422 shall apply to the site of electric power generating facilities.

(D)    Nothing in SCCC 14.01.420 through this section shall apply to industrial subdivisions. [Ord. 4243 § 19, 1993; Ord. 2800, 1979; Ord. 2093, 1975].

14.01.425 Coastline.

(A)    The Board of Supervisors, the Planning Commission, the Planning Director, or the County Surveyor shall not approve the tentative, parcel or final map of any subdivision fronting upon the coastline or shoreline which subdivision does not provide or have available reasonable public access by fee or easement from public highways to land below the ordinary high water mark on any ocean coastline or bay shoreline within or at a reasonable distance from the subdivision.

(B)    Any public access route or routes provided by the subdivider shall be expressly designated on the tentative and final map or parcel map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated.

(C)    In making the determination of what shall be reasonable public access, the following shall be considered:

(1)    That access may be by highway, foot trail, horse trail, or any other means of travel.

(2)    The size of the subdivision.

(3)    The type of coastline or shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish, and scientific exploration.

(4)    The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

(D)    Nothing in this section shall require the Board of Supervisors, the Planning Commission, the Planning Director, or the County Surveyor to disapprove a tentative, parcel or final map solely on the basis that the reasonable public access otherwise required by this section is not provided through or across the subdivision itself, if it is found such reasonable public access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the tentative, final, or parcel map.

(E)    The provisions of this section shall not apply to the final map or parcel map of any subdivision in full compliance with the conditions of approval of tentative map approved prior to March 1, 1975.

(F)    The provisions of this section shall not apply to the final map or parcel map of any subdivision in full compliance with the approved planned unit development which has been approved by the County prior to December 31, 1968. The exclusion provided by this subsection shall be in addition to the exclusion provided by subsection (E) of this section.

(G)    Nothing in this section shall be construed as requiring the subdivider to improve any access route or routes which are primarily for the benefit of nonresidents of the subdivision area.

(H)    Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any State or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular State or local agency. Such conveyance or transfer shall be recorded by the recipient State or local agency in the Office of the Recorder. [Ord. 4243 § 20, 1993; Ord. 2800, 1979; Ord. 2093, 1975].

14.01.426 Lakes—Reservoirs.

(A)    The Board of Supervisors or the Planning Commission shall not approve the tentative map of any subdivision fronting upon a lake or reservoir which is owned in part or entirely by any public agency including the State, which subdivision does not provide or have available reasonable access by fee or easement from public highways to any water of the lake or reservoir upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative and final map or parcel map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

(B)    Reasonable access, as used in subsection (A) of this section, shall be determined by the County.

(C)    In making the determination of what shall be reasonable access, the County shall consider:

(1)    That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel.

(2)    The size of the subdivision.

(3)    The type of shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific exploration, and teaching.

(4)    The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

(D)    Nothing in this section shall require the Board of Supervisors, Planning Commission, Planning Director or the County Surveyor to disapprove a tentative, parcel or final map solely on the basis that the reasonable access otherwise required by this section is not provided through or across the subdivision itself, if it is found that such reasonable access is otherwise available within a reasonable distance from the subdivision. Any finding shall be set forth on the face of the tentative, final or parcel map.

(E)    The provisions of this section shall not apply to the final map or parcel map of any subdivision for which the tentative map has been previously approved prior to the effective date of the ordinance codified in this chapter.

(F)    Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any State or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular State or local agency. Such conveyance or transfer shall be recorded by the recipient State or local agency in the Office of the Recorder. [Ord. 4243 § 21, 1993; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

14.01.427 Property in excess of 40 acres.

The County shall not issue any permit or grant any approval necessary to develop any real property which is excluded from regulation under this division as a subdivision pursuant to SCCC 14.01.201(A)(3) because such property is in excess of 40 acres and was created as such a parcel after December 31, 1969, when such property fronts on the coastline or shoreline, unless it finds that reasonable public access has been provided from public highways to land below the ordinary high water mark or any ocean coastline or bay shoreline or any water of lake or reservoir upon which the real property fronts. [Ord. 4836 § 118, 2006; Ord. 2093, 1975].*

*    Code reviser’s note: Ord. 4836 had two sections numbered “118.”

14.01.428 Reasonable access—Determination.

“Reasonable public access” as used in this section shall be determined by the County. In making such determination the County shall use the same criteria as those set forth in SCCC 14.01.426(C) and (D). Nothing in this chapter shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area or non-owners of the real property in question. [Ord. 2093, 1975].

Article IV. Fees

14.01.429 Maps and plans.

Fees in amounts to be established by resolution of the Board of Supervisors shall accompany the submittal of tentative maps, parcel maps, and final maps. [Ord. 2093, 1975].

14.01.430 Appeals, complaints, and time extensions.

Fees in amounts to be established by resolution of the Board of Supervisors shall accompany appeals and complaints noted in SCCC 14.01.311 through 14.01.314 and also for requests for extension of time for tentative maps. [Ord. 2093, 1975].

14.01.431 Improvement plan checking and construction inspection.

Fees shall be paid for improvement plan checking and construction inspection as specified in SCCC 14.01.506. [Ord. 2093, 1975].

Article V. Soils Report

14.01.432 Preliminary.

A preliminary soils report, prepared by a civil engineer specializing in soil and foundation engineering who is registered in California, and based upon adequate test borings, shall be required for every subdivision for which a final map is required by this part. [Ord. 2093, 1975].

14.01.433 Waiver.

The preliminary soils report may be waived if the Planning Director determines that due to the knowledge he has as to the qualities of the soils of the subdivision, no preliminary analysis is necessary. [Ord. 2506, 1977; Ord. 2800, 1979; Ord. 2093, 1975].

14.01.434 Further investigation.

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 if the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, more detailed soils investigation of each lot in the subdivision may be required prior to approval of the final map or parcel map. Such detailed soils investigation shall be done by a civil engineer, specializing in soils and foundation engineering registered in California, who shall recommend procedures or establish structural damage to each structure proposed to be constructed in the area where such soils problems exist. [Ord. 4181 § 11, 1992; Ord. 2093, 1975].

14.01.435 Corrective action—Approval.

The Board of Supervisors or the Planning Commission may approve the subdivision, or portion thereof, where such soils problems exist if it is determined that the recommended procedures or the use of the recommended structural design criteria are likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit, may require that said procedures or structural design criteria be incorporated in the design and construction of each structure. [Ord. 4243 § 22, 1993; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2093, 1975].

Article VI. Taxes and Assessments

14.01.436 Auditor-Controller’s certification.

Concurrent with the filing of the final map with the Board of Supervisors, the subdivider shall provide on the face of the map a certificate from the County Auditor-Controller, as specified in SCCC 14.01.209. [Ord. 2093, 1975].

14.01.437 Security—Liens.

(A)    Security, Taxes, and Assessments. Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the Clerk of the Board, security conditioned upon the payment of all State, County, municipal and local taxes and current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are liens against the property, but which are not yet payable. The security shall be included as part of the agreement noted in SCCC 14.01.510.

(B)    Amount of Security. If the land being subdivided is a portion of a larger parcel shown on the last preceding tax roll as a unit, the security for payment of taxes need be only for such sum as may be determined by the County to be sufficient to pay the current and delinquent taxes on the land being subdivided, together with all accrued penalties and costs if such taxes have been or are allowed to become delinquent. The County shall also order the creation of new Assessor’s parcel numbers pursuant to Section 2823 of the Revenue and Taxation Code. Separate Assessor’s parcel numbers shall be given to the portion of the larger parcel which is not within the proposed subdivision and to the parcel or parcels which are within the proposed subdivision.

If the land being subdivided is sold for taxes, it may be redeemed for such sale without the redemption of the remainder of the larger parcel of which it is part pursuant to the provisions of the Revenue and Taxation Code as if it were held in ownership separate from and other than the ownership of the remainder.

(C)    Payment of Assessment Bonds. Whenever land subject to a special assessment or bond which may be paid in full is divided by the line of a lot or parcel of the subdivision, such assessment or bond shall be paid in full, or security filed with the Clerk of the Board, payable to the County as trustee for the assessment bondholders for the payment of such special assessment or bond. This section shall not apply to bonds issued under the provisions of the Improvement Bond Act of 1915.

(D)    Delinquency—Remedy. If the taxes or special assessments are allowed to become delinquent, the County shall recover from the security the principal sum of the security without proof of loss. The County shall apply the sum received in payment of any or all of such taxes or special assessments, including penalties and costs, if any, accruing thereto, to the proper State, County, municipal, or district offices, for the satisfaction of the tax and special assessment liens and shall pay the balance, if any, over to the surety or depositor.

(E)    Delinquency—Remedy. If the taxes or special assessments are allowed to become delinquent and the security consists of a deposit of money, negotiable bond or instrument of credit, the Clerk of the Board, subject to any rules of the Board of Supervisors with respect thereto, shall apply the proceeds thereof to the payment of such taxes and special assessments, including penalties and costs. Any excess proceeds shall be deposited in the County Treasury for the benefit of the persons entitled thereto. [Ord. 2093, 1975].

Part V. IMPROVEMENTS

Article I. General

14.01.501 Criteria.

Improvement requirements on subdivisions for which final maps are required will generally be specified as conditions of approval of the tentative map. The criteria for the design of the improvements are set forth in the booklet, as amended from time to time, on file with the Clerk of the Board, which is entitled: “County of Santa Cruz Design Criteria, Streets, Storm Sewers, Sanitary Sewers, Water System.” Said booklet is incorporated herein by this reference as though fully set forth in this chapter. Criteria for grading shall be in accordance with Chapter 16.20 SCCC, with the additional requirement that for subdivision streets and access roads, the subgrade, prior to starting construction of the structural section, shall have a relative compaction of not less than 95 percent. Determination of this compaction requirement will be made by County staff in accordance with California Test Method 216 as defined by Caltrans’ Test Manual. [Ord. 2818, 1979; Ord. 2213, 1975; Ord. 2093, 1975].

14.01.502 Planned unit developments.

Repealed by Ord. 4496-C. [Ord. 2093, 1975].

14.01.503 Requirements for parcel maps.

Improvement requirements for subdivisions for which parcel maps are required shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of the parcel map being filed for record. The construction of such improvements shall be required prior to subsequent issuance of a permit or other grant of approval for the development of such parcel by the County.

Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the County, except that the Board of Supervisors or Planning Commission may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of:

(A)    The public health and safety; or

(B)    The required construction is a necessary prerequisite to the orderly development of the surrounding area.

Where the requirement for the construction of improvements calls for the improvements to be constructed per plans to be submitted to and approved by the Department of Public Works, plan checking, construction and inspection shall conform to SCCC 14.01.504 through 14.01.512. [Ord. 4243 § 23, 1993; Ord. 2800, 1979; Ord. 2506, 1977; Ord. 2443, 1977; Ord. 2213, 1975; Ord. 2093, 1975].

14.01.504 Requirements tied to final maps.

After approval of the tentative map for which a final map is required, but before starting any construction work, the subdivider or his authorized representative shall submit two complete sets of improvement plans to the Director of Public Works for his review and approval not later than six weeks prior to the expiration date of the tentative map. Said plans shall be prepared by a civil engineer who is licensed to practice civil engineering in the State of California. The improvements shall include, but are not limited to, site grading, driveway access, drainage, erosion control, including the prevention of sedimentation or damage to off-site property, street construction, sewer construction and landscaping. All conditions of the grading permit, tentative map, development permit, or other permits which are applicable to construction shall be shown on the improvement plans. [Ord. 4496-C § 75, 1998; Ord. 4126 § 1, 1991].

14.01.505 Approval of plans by the Director of Public Works.

The approval of the improvement plans by the Director of Public Works shall be a condition precedent to the approval of the final map by the Board of Supervisors. The approval of the improvement plans shall not bind the County to accept the improvements nor waive any defects in the same. [Ord. 2213, 1975; Ord. 2196, 1975; Ord. 2093, 1975].

14.01.506 General.

(A)    The subdivider shall pay the Director of Public Works a fee for checking the improvement plans, inspecting the work, testing the materials and preparing as-built plans. The method for determining this fee shall be established by resolution of the Board.

(B)    At the time of submittal of the improvement plans for subdivisions for which final maps are required, a deposit shall be made toward the fee for checking the plans. The amount of the deposit shall be established by resolution of the Board.

(C)    Prior to release of the approved plans by the Director of Public Works, the subdivider shall pay any balance due. Any excess over the fee will be refunded. The cash deposit shall not be refunded if the subdivision is abandoned and no improvements are constructed.

(D)    At the time of submittal of the improvement plans for subdivisions for which parcel maps are required, a checking fee shall be charged. The amount of the fee shall be established by resolution of the Board.

(E)    To assure payment of the construction inspection and materials testing fees, the subdivider shall provide a security in a format noted in SCCC 14.01.511. The amount of the security shall be determined by resolution of the Board. This security shall be included as part of the agreement noted in SCCC 14.01.510.

(F)    Additionally, when the above security consists of either a bond or an instrument of credit per SCCC 14.01.511(A) or (C), the developer shall deposit a cash advance with the County towards payment of the final construction, inspection and materials testing fees. The amount of the deposit shall be as follows:

(1)    Subdivisions. One and one-half percent of the amount of the faithful performance security, with a minimum of $200.00;

(2)    Minor Land Divisions. Two percent of the amount of the faithful performance security, with a minimum of $150.00.

(G)    Immediately prior to acceptance of the subdivision improvements by the County, the construction, inspection and materials testing fees will be totaled and billed to the developer, less deposits. If deposit exceeds the bill, a refund will be made to the subdivider. [Ord. 3242 § 1, 1982; Ord. 3045, 1981; Ord. 2307, 1976; Ord. 2213, 1975; Ord. 2093, 1975].

Article II. Construction Inspection

14.01.507 Superintendence.

The contractor shall designate in writing, before starting work, an authorized representative who shall have complete authority to represent and act for the contractor. Said authorized representative or his agent shall be present at the site of the work at all times while the work is actually in progress. During periods when work is suspended, arrangements acceptable to the Director of Public Works shall be made for any emergency work which may be required. [Ord. 2093, 1975].

14.01.508 Access for inspection.

The Director of Public Works shall at all times have access to the work site during construction and shall be furnished with every reasonable facility for ascertaining that the materials and workmanship are in accordance with the requirements and intentions of the approved improvement plans and work done and all materials furnished shall be subject to his inspection and approval. The inspection of the work or materials shall not relieve the contractor of any of his obligations to fulfill the work as prescribed. Work and materials not meeting such requirements may be rejected, notwithstanding that such work or materials have been previously inspected by the Director of Public Works. Any superintendent, foreman, laborer, or other person employed on the work by the contractor, who performs his work in an unsatisfactory manner, or who is disorderly, intemperate, or incompetent, shall, upon request of the Director of Public Works, be removed from the site immediately, and such person shall not again be employed on the job. [Ord. 2093, 1975].

14.01.509 Notification—Required inspections.

The Director of Public Works shall make such inspections as he deems necessary and shall be notified 24 hours in advance of any required inspection. Minimum inspection requirements follow:

(A)    The inspection of clearing and grubbing work before grading operations are started in any cut or fill area.

(B)    The inspection and compaction testing of subgrade before the placing of sub-base, base, and surfacing.

(C)    The inspection of storm drain and sewer pipe installation and backfill, including compaction testing.

(D)    The inspection and compaction testing of sub-base and base prior to paving.

(E)    The inspection of all penetration treatment, seal coat, and paving while the work is in progress.

(F)    The inspection of concrete forms.

(G)    The inspection of concrete while being placed.

(H)    Final inspection.

(I)    Installation of residential street lighting. [Ord. 4126 § 2, 1991; Ord. 2093, 1975].

14.01.510 Agreement.

The subdivider shall, concurrent with the acceptance of the final map, or parcel map where applicable, or prior to the start of construction, whichever is earlier, enter into an agreement with the County, agreeing to have the specified or required improvements completed within a specified time. In the case of a subdivision for which a final map is required, the agreement shall be executed by the subdivider and the Board. In the case of a subdivision for which a parcel map is required, the agreement shall be executed by the subdivider and the Director of Public Works for the Board. Standard agreement forms are available upon request from the County Surveyor.

If formal time extensions are considered to complete the improvements, such extensions will not be granted until all construction, inspection and materials testing charges, which have been accumulated as of that date, have been paid. [Ord. 3242 § 2, 1982; Ord. 2213, 1975; Ord. 2196, 1975; Ord. 2093, 1975].

14.01.511 Security—Bonds—Deposits.

(A)    Except as provided in subsection (B) of this section, security shall be provided to assure satisfactory completion of the improvement. Securities shall only be accepted in the form of one of the following:

(1)    Cash deposit with the County; or

(2)    An instrument of credit from a financial institution, subject to State or Federal regulations, pledging the funds necessary to carry out the terms of the agreement or on deposit and guaranteed for payment;

(3)    However, notwithstanding the above, securities furnished on or before June 30, 2013, may be in the form of a surety bond using a bond form approved by the Board of Supervisors, if issued by a company approved to issue surety bonds in the State of California with an A.M. Best strength rating of no less than A:X.

(B)    To assure satisfactory completion of the improvements for a development by a California nonprofit corporation with public financing to develop new low and moderate income housing, securities shall only be accepted in the form permitted by Government Code Section 66499.

(C)    The securities to be furnished are as follows:

(1)    For “faithful performance,” the amount of 100 percent of the cost of the improvements as determined by the subdivision engineer and accepted by the Director of Public Works, to guarantee faithful completion of the work; and

(2)    For “materials and labor,” the amount of 50 percent of the cost of improvements as determined by the subdivision engineer and accepted by the Director of Public Works, to guarantee payment to material men and laborers furnishing materials, equipment, or labor in connection with the subdivision improvements; and

(3)    For “guarantee, warranty, and maintenance of work,” the amount of 15 percent of the cost of improvements as determined by the subdivision engineer and accepted by the Director of Public Works, to guarantee and warrant the work for a minimum period of 12 months following the completion and acceptance thereof by the Board of Supervisors against any defective work or labor done, or defective materials furnished and to maintain such work to the satisfaction of the County for said period. In the event the subdivider fails to maintain, repair, replace or reconstruct the work to the satisfaction of the County, the security shall be obligated for the payment of all necessary costs and expenses that may be incurred or expended by the County of Santa Cruz in causing any or all repair, replacement, reconstruction, or maintenance of said work, which is discovered or may become necessary during said 12-month period.

(4)    Such other securities as may be needed pursuant to SCCC 14.01.208(B) (monumentation), 14.01.437(A) (taxes), and 14.01.506 (plan check and inspection fees).

(5)    For subdivisions for which parcel maps are required, the securities to be supplied may be limited to subsections (A) and (B) of this section plus the security noted in SCCC 14.01.506. [Ord. 5069 § 1, 2010; Ord. 5034 § 1, 2009; Ord. 4073 § 1, 1990; Ord. 2213, 1975; Ord. 2196, 1975].

14.01.512 Grading improvements not permitted prior to recording the final map—Waiver.

(A)    No grading or improvement shall be permitted prior to recording of the final map unless, by a specific condition of the tentative map, this restriction is waived by the County. If the subdivider is thus permitted to grade or install improvements, he shall submit and obtain approval of grading and improvement plans and enter into an agreement with the County to guarantee completion of the work. Said agreement shall be backed by securities in accordance with SCCC 14.01.511.

(B)    Doing such work contrary to this section shall void the tentative map and constitute a violation of the Santa Cruz County Code.

(C)    It shall be unlawful for any person whether as owner, principal, agent, or employee or otherwise to perform an action or allow a situation to continue that violates the provisions of this chapter or violates any permit conditions required pursuant to this chapter. All violations shall be punishable in accordance with the provisions of Chapter 19.01 SCCC except as otherwise specified in this chapter. [Ord. 4496-C § 76, 1998; Ord. 3436 § 2, 1983].

14.01.513 Acquisition of property interests for off-site improvements.

In the event a subdivider is required 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, at the time the tentative map is approved or the final or parcel map is filed with the County to permit the improvements to be made, the subdivider shall enter into an agreement with the County prior to the filing of the final map or parcel map to pay for the County’s costs, including personnel salaries and benefits, legal fees and costs, and compensation to the landowner for acquiring an interest in the land which will permit the improvements to be made. The subdivider shall also post an appropriate cash security deposit with the County prior to filing of the final map or parcel map to be applied towards the County’s costs for acquiring the off-site property interest.

Pursuant to Section 66462.5 of the Government Code, if the County fails to commence condemnation proceedings to acquire the off-site property interest within 120 days of the filing of the final map or parcel map, then the condition for construction of any off-site improvement which is dependent on the property acquisition shall be deemed to be waived. [Ord. 3648 § 1, 1985].

Part VI. VESTING TENTATIVE MAPS

14.01.601 Citation and authority.

This part is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute). [Ord. 3798 § 1, 1986].

14.01.602 Purpose and intent.

It is the purpose of this part to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and the Santa Cruz County subdivision ordinance. Except as otherwise set forth in the provisions of this part, the provisions of the Santa Cruz County subdivision ordinance shall apply to vesting tentative maps.

To accomplish this purpose, the regulations of this part are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. [Ord. 3798 § 1, 1986].

14.01.603 Consistency.

No land shall be subdivided or developed pursuant to a vesting tentative map for any purpose which is inconsistent with the Local Coastal Plan, General Plan, any applicable specific plan, the zoning ordinance, or any other applicable provision of the County Code in effect at the time any vesting tentative map is approved or conditionally approved. [Ord. 3798 § 1, 1986].

14.01.604 Definitions.

(A)    A “vesting tentative map” shall mean a “tentative map” as defined in the Santa Cruz County subdivision ordinance, which shall have printed conspicuously on its face the words “vesting tentative map” at the time it is filed in accordance with SCCC 14.01.610 and is thereafter processed in accordance with the provisions hereof.

(B)    All other definitions set forth in the Santa Cruz County subdivision ordinance shall apply. [Ord. 3798 § 1, 1986].

14.01.605 Application.

(A)    The ordinance codified in this part shall apply to all subdivisions, except that until December 31, 1987, it shall apply only to residential development subdivisions.

(B)    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 subdivision, permit for construction, or work preparatory to construction. [Ord. 3798 § 1, 1986].

14.01.610 Filing and processing.

Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Santa Cruz County subdivision ordinance, requires the filing of a tentative map or tentative parcel map with the Planning Department, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in the Santa Cruz County subdivision ordinance for a tentative map except as otherwise provided by the Vesting Tentative Map Statute or this part.

(A)    At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “vesting tentative map.”

(B)    At the time a vesting tentative map is filed a subdivider shall also supply the following information:

(1)    Site plan, minimum 18 inches by 24 inches, of the entire property, drawn to scale with north at the top and showing natural and manmade features as follows:

Topography, showing elevation contour lines, wells, streams, large trees, orchard, other vegetation, landscaping, drainage ways (existing and proposed), at a contour interval suitable for the site topography.

All existing and proposed structures with their dimensions and setbacks from property lines (including fences, walls, decks and signs). Photographs shall be included of all structures to be removed.

All existing and proposed infrastructure, including roads, rights-of-way, curbs, curbcuts, sidewalks, street trees, driveways, parking, loading areas, sewer or septic, water, and drainage facilities.

Property uses on adjacent parcels and across adjacent streets.

(2)    Building plans (architectural drawings), minimum 18 inches by 24 inches, drawn to scale, showing all elevations (south, north, east and west), floor plans, exterior materials and colors. For lot subdivisions, this requirement may be satisfied by bulk plans showing the three-dimensional limits of the structure(s) which will occupy each lot.

(3)    Erosion control, grading, and drainage plans, minimum 18 inches by 24 inches, drawn to scale showing topography, dimensions of cuts and fills, and cubic feet on earth to be moved. All erosion control measures shall be indicated. Drainage and grading plans shall be engineered and shall meet all County requirements.

(4)    Shadow plans showing the location, height, and shadow patterns of major vegetation, buildings, and other structures on the proposed site and on all affected building envelopes; the location of any existing solar energy systems on benefited properties, and the approximate distances between structures, vegetation, and the south-facing glass or solar energy system. Shadow patterns are those cast on the twenty-first of December between 10:00 a.m. and 2:00 p.m., Pacific Standard Time.

(5)    Landscaping plans for entire project showing areas to be landscaped and proposed species and sizes. Irrigation and all appurtenant facilities shall be included.

(6)    The following technical reports shall be supplied at the time of filing.

(a)    A biotic report which lists all species found on the property and provides a mapping of habitat types. The report shall evaluate the impacts of the proposed subdivision on any sensitive species or habitats, as defined in Chapter 16.32 SCCC.

(b)    A geological report which identifies all potential geologic hazards (slope or bluff stability, faults, flooding) which occur on the property and evaluates the impact of the subdivision with respect to those hazards.

(c)    An archaeologic report, based on a surface reconnaissance, which evaluates the presence of prehistoric cultural artifacts on the property.

(d)    Within the Coastal Zone, photographs, minimum eight inches by 10 inches, of the project site taken from designated scenic highways or scenic corridors.

(e)    For rural subdivisions, a map showing all critical fire hazard areas (chaparral vegetation) in relation to the proposed subdivision.

(f)    For rural subdivisions, a hydrologic report which, based upon on-site soils and bedrock conditions, determines whether the property is, or is not, within a primary groundwater recharge area.

(g)    Detailed grading plans.

(h)    A flood control study.

(7)    A current parcel information report.

(8)    Any additional information required as a result of a development review group meeting or as part of other permit processes for subsequent permits or approvals required for the development of the subdivision.

Any required information set forth as part of this subsection may be deferred, waived, reduced, or deemed satisfied by the Planning Director on the basis of substantial verified information sufficient to assure that no condition relevant to such information need be added to the approval of a vesting tentative map.

(C)    A tentative map previously filed may not be amended to be a vesting tentative map. Instead, a new vesting tentative map and full fee shall be required. [Ord. 3798 § 1, 1986].

14.01.611 Fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by resolution of the Board of Supervisors. Such fees shall be in an amount sufficient to recover all costs of receiving and processing the vesting tentative map and the direct costs associated with establishing and adopting ordinances or resolutions implementing the Vesting Tentative Map Statute. [Ord. 3798 § 1, 1986].

14.01.614 Processing procedures.

(A)    A vesting tentative map shall be processed at Processing Level VII in accordance with Chapter 18.10 SCCC and may be approved, conditionally approved, or denied.

(B)    A vesting tentative map may be conditionally approved or denied if the Board of Supervisors makes any of the following determinations:

(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 laws.

(3)    The vesting tentative map is for a subdivision whose intended development is inconsistent with the Local Coastal Plan, General Plan, any applicable specific plan, the zoning ordinance, or any other applicable provision of the County Code in effect at the time any vesting tentative map is acted upon by the Board of Supervisors.

(C)    An application filed for a vesting tentative map shall be deemed incomplete until:

(1)    It includes the information required by SCCC 14.01.610(B).

(2)    It includes complete application(s) for changes necessary to eliminate any and all inconsistencies with the Local Coastal Plan, General Plan, any applicable specific plan, the zoning ordinance, and any other applicable provision of the County Code in effect at the time it is filed or acted upon by the Board of Supervisors.

(3)    It includes all materials and information required by the County for a complete application as set forth in the lists specifying required information compiled pursuant to Government Code Section 65940. [Ord. 3798 § 1, 1986].

14.01.620 Effect of approval or conditional approval of vesting tentative map.

(A)    The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2.

If Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

In the event of conditional approval each condition (and any inconsistency upon which a condition may be based) shall be duly noted on the vesting tentative map and such vested right to proceed shall, in addition, be subject to prior compliance with each condition so noted.

(B)    The amount of any fee imposed on a subdivision development with an approved or conditionally approved vesting tentative map shall be determined at the time the final map or parcel map is deemed complete (unless expressly provided otherwise in the County Code) in accordance with the County unified fee schedule.

(C)    An approved or conditionally approved vesting tentative map shall not limit the County from imposing reasonable conditions on subsequent required approvals or permits necessary for the development of the subdivision and authorized by the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(D)    All rights under a vesting tentative map shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in SCCC 14.01.625. If a final map or parcel map is approved prior to expiration of the vesting tentative map, such rights shall expire at the end of the time period established by SCCC 14.01.625 for expiration of a final map or parcel map. [Ord. 5061 § 27, 2009; Ord. 3798 § 1, 1986].

14.01.625 Expiration of maps.

(A)    Vesting Tentative Maps. A vesting tentative map shall expire 24 months after its approval or conditional approval unless a final map or parcel has been duly approved prior thereto. The expiration of a vesting tentative map may be extended or tolled by applicable ordinance or statute. No final map or parcel map may be approved or recorded pursuant to an expired vesting tentative map.

(B)    Final Map or Parcel Map. If a final map or a parcel map is approved pursuant to a vesting tentative map, the rights conferred by such vesting tentative map shall expire one year beyond the recording of the final map or parcel map. Where several final maps or parcel maps are recorded on various phases of a phased project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map or parcel map is recorded. The expiration of a final map or parcel map may be extended or tolled by applicable statute or ordinance. [Ord. 3798 § 1, 1986].

14.01.630 Extension or tolling of expiration of maps.

(A)    Vesting Tentative Maps. After processing at Processing Level VII, a vesting tentative map which has been approved or conditionally approved may be granted, conditionally granted, or denied extension in the discretion of the Board of Supervisors of the County of Santa Cruz for the same time periods and pursuant to the same procedures as regular tentative maps, all as set forth at SCCC 14.01.316 and 18.10.133(B).

(B)    Final Maps or Parcel Maps.

(1)    Automatic Extensions. The expiration date of a recorded final map or parcel map shall be automatically extended by any time used by the County for processing a complete application for a grading permit or for design or architectural review if the time used by the County to process the application exceeds 30 days, from the date that a complete application is filed. In addition, if the subdivider submits a complete application for a building permit prior to the expiration date (including any automatic extension pursuant to the preceding sentence) the vesting tentative map rights shall continue until the expiration of such building permit (if granted), including any extension of such building permit (if such extension is granted by the County).

(2)    Discretionary Extension. At any time within one year of the recordation of a final map or parcel map approved pursuant to a vesting tentative map, the subdivider may apply for one one-year extension which may be granted, conditionally granted, or denied, after processing at Processing Level VII, in the discretion of the Board of Supervisors of the County of Santa Cruz. [Ord. 3798 § 1, 1986].

14.01.635 Amendment of maps.

(A)    Vesting Tentative Map. At any time prior to the expiration of a vesting tentative map, the subdivider may apply for an amendment to the vesting tentative map. If ordinances, policies, or standards in effect at the time a vesting tentative map is approved or conditionally approved are changed subsequently, the subdivider (or his or her assignee) may, at any time prior to the expiration of the vesting tentative map, apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. Such application shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought. The Board of Supervisors of the County of Santa Cruz may, after processing at Processing Level VII, grant, conditionally grant, or deny any application by a subdivider for amendment of a vesting tentative map. Conditional approval may include requirements for compliance with all ordinances, policies, and standards in effect at the time the amendment is conditionally granted. No such amendment shall extend the expiration date of any vesting tentative map.

(B)    Final Maps or Parcel Maps. A final map or parcel map approved pursuant to a vesting tentative map may be amended or modified in the same manner that any other final map or parcel map may be amended or modified except that it shall be processed at Processing Level VII. [Ord. 3798 § 1, 1986].