Appendix IV
SUBDIVISIONS

Editor’s note – This appendix consists of Ordinance No. 377, the county’s subdivision ordinance passed and adopted on December 28, 1976. A uniform system of capitalization and punctuation has been employed; obvious misspellings have been corrected; catchlines and subcatchlines have been added or modified where necessary; and a frontal analysis has been added for the convenience of the user.

For state law as to subdivisions generally, see B. & P.C., §§ 11000 to 11709.

As to planning commission generally, see §§ 2-33, 2-34 of this Code. As to land grading and levelling, see ch. 9. As to county setback regulations, see Appendix I to this volume. As to zoning ordinance, see Appendix I to this volume. As to airport zoning ordinance, see Appendix II to this volume.

1.    Purpose and effect.

2.    Definitions.

3.    General procedures.

4.    General requirements.

5.    Specific procedures – Final maps, parcel maps, lot line adjustments, and mergers.

6.    General subdivision regulations.

7.    Improvements.

8.    Agreement for completion of improvements.

9.    Bonds for completion of improvements.

10.    Exceptions.

11.    Appeals.

12.    Enforcement and penalties.

13.    Validity and conflict.

ORDINANCE NO. 377

AN ORDINANCE ESTABLISHING STANDARDS, REGULATIONS AND PROCEDURES FOR THE SUBDIVISION AND OTHER DIVISION OF LAND, AND FOR THE DESIGN AND IMPROVEMENT THEREOF.

The board of supervisors of the county of Colusa does ordain as follows:

1 Purpose and effect.

Colusa County Ordinance No. 291 as amended and Appendix III of the Colusa County Code are hereby repealed.

This ordinance shall be added to the Colusa County Code and shall be designated APPENDIX IV.

1.01 Purpose.

This ordinance is enacted for the purpose of adopting standards, regulations and procedures for the subdivision and other specified types of division and utilization of land in the county, as authorized and directed by the Subdivision Map Act and other applicable provisions of law.

1.02 Applicability.

This ordinance regulates and controls subdivisions for which the Subdivision Map Act authorizes and/or requires the processing of a tentative and final or parcel map, and other divisions and subdivisions as authorized by said act. Any reference to said Subdivision Map Act shall be meant to be the latest amendment to same which may exist at the time of processing of a subdivision provided for hereunder.

1.03 Reversion to acreage.

This ordinance also provides for the reversion to acreage of lands previously divided, and exclusions from subdivisions.

1.04 Nonapplicability to previous actions and agreements.

This ordinance shall not affect any agreement, contract or bond previously executed with respect to any subdivision or any rights of action accrued thereunder; or any previous action to approve a tentative, parcel, or final map, except that conditions of approval and time limitations imposed thereon shall prevail.

1.05 Conformance required.

All divisions of land which are subject to the provisions of this ordinance shall conform to the general plan, specific plans, and to adopted standards and provisions of law which are pertinent or applicable to such divisions.

1.06 Compliance required before certain transactions.

It shall be unlawful for any individual, firm, association, syndicate, copartnership, trust, or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell, or sell, or lease, or transfer, or otherwise assign for financing or other purposes, any proposed subdivision or other division of land or any part thereof in unincorporated areas of the county, unless and until all the requirements hereinafter provided have been complied with.

1.07 Short title.

This ordinance shall be known and may be cited as the “Colusa County Subdivision Ordinance.”

2 Definitions.

Definitions of words and terms as referred to herein.

2.01 Advisory agency.

“Advisory agency” is the Colusa County planning commission which is also referred to as the planning commission and as the commission, and it is hereby charged with the duty of making investigations and reports on the design and improvement of all proposed subdivisions and other divisions of land, and has map processing and other duties with respect to such subdivisions and other divisions of land, and the procedures relating thereto, as are specified by law and by this ordinance.

2.02 Appeal board.

“Appeal board” is the board of supervisors of Colusa County, and it shall hear and make determinations upon appeals from actions of the planning commission with respect to the provisions of this ordinance.

2.03 Building official.

“Building official” is the person so designated by the board of supervisors.

2.04 County engineer.

“County engineer” is the person so designated by the board of supervisors.

2.05 Health officer.

“Health officer” is the person so designated by the board of supervisors.

2.06 County planner.

“County planner” is the agent of the planning commission designated by the board of supervisors.

2.07 Engineers.

(a)  Civil engineer. “Civil engineer” shall mean a civil engineer competent to practice civil engineering as defined in Section 6731 of, and who is registered under the provisions of the Business and Professions Code of the State of California, who is retained to provide civil engineering services related to land subdivision.

(b)  Soils engineer. “Soils engineer” shall mean a civil engineer registered in the State of California with a specialty and experience in the investigation and analysis of soils.

2.08 Lease.

“Lease,” as used herein, shall be subject to the provisions of Sections 2.15(a) and 2.15(b) hereof.

2.09 Maps.

(a)  Preliminary map. “Preliminary map” shall mean a map prepared from existing records in sufficient detail to show clearly the development plan proposed for the total land area which is to be developed in two or more units.

(b)  Tentative map. “Tentative map” shall mean a map prepared from existing records and field data in sufficient detail to meet the requirements for filing as prescribed herein, and to constitute an adequate basis for the preparation of a final map or parcel map.

(c)  Final map. “Final map” shall mean a map supported by complete engineering data prepared in accordance with the conditions of approval of a tentative map and in acceptable form for processing and filing for record, as provided herein.

(d)  Parcel map. “Parcel map” shall mean a map of a type of subdivision described herein, containing complete engineering data, and prepared in accordance with the conditions of approval of a tentative map and in acceptable form for processing and filing for record, as provided herein.

(e)  Record of survey. “Record of survey” shall mean a map prepared in accordance with provisions of the Land Surveyors Act to delineate land boundaries, property lines or other lines or points of survey.

(f)  Reversion to acreage map. “Reversion to acreage map” shall mean a map prepared in accordance with provisions of State Law for purposes of reverting previously divided parcels to acreage, and as otherwise provided herein.

2.10 Map act.

“Map act” shall mean the Subdivision Map Act of the State of California, as amended.

2.11 Owner.

“Owner” shall mean any individual, firm, association, syndicate, copartnership, trust or any other legal entity having a proprietary interest in land sought to be subdivided.

2.12 Plans.

(a)  General plan. “General plan” shall mean any element thereof as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the State of California, which has been adopted by the board of supervisors.

(b)  Specific plan. “Specific plan” shall mean any unit thereof, as set forth in the Planning and Zoning Law, Title 7 of the Government Code of the State of California, which has been adopted by the board of supervisors.

2.13 Streets.

(a)  Street.”Street” shall mean a way for vehicular traffic, whether designated as a street, highway, thoroughfare, road, avenue, drive, or way of any other designation which has been designated for public use and accepted by the county, or has been laid out and constructed as a county road, or has been made a public street or road pursuant to law. It includes public streets constructed by federal, state and county agencies, but not private streets or private alleys.

(b)  Private street. “Private street” shall mean a way for vehicular traffic, however designated, which is not intended or proposed to be accepted by the county, and for which any offer of dedication or other offer for acceptance shall be rejected until such time as specified conditions for acceptance have been fully complied with.

(c)  Alley. “Alley” shall mean a way for secondary vehicular access to private property for on-site parking, freight handling and related purposes.

2.14 Subdivider.

“Subdivider” shall mean 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.

2.15 Subdivision.

(a)  “Subdivision” shall mean the division of any improved or unimproved land, shown on the last equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad right-of-way. “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 purpose of computing the number of parcels.

(b)  “Subdivision” shall not include land dedicated for cemetery purposes under the Health and Safety Code; or the financing or leasing of apartments, offices, stores or similar space within apartment, industrial or commercial buildings; or mobilehomes or trailer parks; or mineral, oil or gas leases; or “short-term” leases as described in Section 66411 of the Subdivision Map Act.

2.16 Subdivision standards.

“Subdivision standards” shall mean a set of detailed standards which shall be adopted by resolution of the board of supervisors to set forth the regulations, standards and specifications for land development improvements; the type and nature of investigations, tests and reports; schedules for fees to be charged, and such other matters as the board of supervisors finds to be necessary to properly supplement the provisions of this ordinance in the processing of subdivisions and the improvements thereof. Reference to “this ordinance” herein shall include the subdivision standards.

2.17 Surveyor.

“Surveyor” shall mean a land surveyor licensed under the Land Surveyors’ Act of the State of California or a civil engineer registered in the State of California and retained by the subdivider, owner, developer, or contractor to provide land surveying services.

2.18 Technical advisory committee.

“Technical advisory committee” shall be the director of public works, county health officer, county sanitarian, county planner, and county building inspector, or such other persons as the board of supervisors may designate. “Committee” shall mean the technical advisory committee.

3 General procedures.

3.01 Actions subject to ordinance.

Any action to divide any land within the county into two or more parcels shall hereinafter be subject to the provisions of this ordinance, and any such action shall be undertaken in accordance with the following general procedures.

3.02 Preliminary map.

A preliminary map shall be prepared and submitted for processing and approval for any subdivision which will be developed in two or more units.

3.03 Tentative map.

A tentative map shall be prepared and submitted for processing and approval for all subdivisions for which a parcel map, final map, or reversion to acreage is required.

3.04 Final map.

A final map shall be prepared and submitted for processing, approval, and filing for record for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels, except where:

(a)  The land before divisions 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 planning commission; or

(b)  Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway, and no dedications or improvements are required; or

(c)  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 planning commission of street alignments and widths, and no dedications or improvements are required; or

(d)  Each parcel created by the division has a gross area of 60 acres or more.

3.05 Parcel map.

A parcel map shall be prepared and submitted for processing, approval, and filing for record for all subdivisions for which a final map is not required.

4 General requirements.

4.01 Special assessment districts required when special services proposed.

Whenever special services other than those ordinarily provided by the county or county agencies are proposed in subdivisions, provision for special assessment districts to provide such special services shall be made in accordance with county requirements.

4.02 Reasons for denial of tentative, final or parcel map approval.

Approval of a tentative, final, or parcel map shall be denied if any of the following findings are made:

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

(b)  That the site is not physically suitable for the type of development, or for the density of development proposed.

(c)  That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or that they do not provide reasonable public access to public resources per Article 3.5 of the Subdivision Map Act.

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

(e)  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. The planning commission may approve a map if it finds that the 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 subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. The county does not have authority to determine that the public at large has acquired easements for access through or use of property within a proposed subdivision.

(f)  That the discharge of waste from the proposed subdivision into a sewer system or into an individual sewage disposal system would result in violation, or add to a violation, of existing requirements prescribed by a California Regional Water Quality Control Board.

4.03 Final map approval for any “Land Project.”

No final map shall be approved for any “Land Project” as described in Section 11000.5 of the Business and Professions Code unless the planning commission first finds that the proposed land project and provisions for its design and improvement are consistent with an adopted specific plan covering the area.

4.04 Final map approval granted upon substantial compliance with previously approved tentative map.

The planning commission shall not deny approval of a final map pursuant to Section 4.02 if they have previously approved a tentative map for the proposed subdivision and find that the final map is in substantial compliance with the previously approved tentative map.

4.05 Submittal and processing of proposed subdivisions.

Provisions of the California Environmental Quality Act shall be complied with in the submittal and processing of proposed subdivisions.

5. Specific procedures – Final maps, parcel maps, lot line adjustments, and mergers.

5.01 Generally.

The following procedures shall be followed for all subdivisions.

5.02 Preliminary map – Form and content.

Preliminary map form and content shall be as follows.

5.03 Preliminary map – Required when.

A preliminary map shall be prepared for the total area of any proposed subdivision which will be developed in two or more units, if required by the county engineer or planning commission.

5.04 Preliminary map – Dimensions, scale and content.

The dimensions, scale and content of the preliminary map shall show in reasonable detail the following:

(a)  Street and lot pattern and land uses proposed.

(b)  Topography, watercourses and drainage features, and area subject to inundation or flooding.

(c)  Geology, soil types and vegetation.

(d)  Proposed water supply, sewerage and fire protection.

(e)  Proposed street sections and improvements.

(f)  Other features required to adequately represent the total plan of development.

5.05 Preliminary map – Processing.

Six prints of the preliminary map, in acceptable form, shall be submitted to the planning commission for action by the committee.

5.06 Preliminary map – Planning commission action.

Within twenty-one days of submittal to the planning commission, the committee shall meet to consider the map. Within 10 days of its meeting, the committee shall prepare a report on the map and transmit a copy to the subdivider and to the planning commission for action prior to or concurrently with the tentative map.

5.07 Tentative map as preliminary map.

The committee may accept a tentative map as a preliminary map, subject to all other provisions hereof.

5.08 Tentative map – Form and content.

Tentative maps shall be a minimum of eighteen by twenty-six inches in size, with a one-inch clear border, and to a scale of not less than one inch equals one hundred feet, unless otherwise approved by the committee.

5.09 Tentative map – Information required.

The following information shall be shown on each tentative map, except for any such information which the committee determines is not necessary for any particular tentative map:

(a)  A site location sketch indicating the location of the property to be divided in relation to the surrounding area.

(b)  A tract number issued by the county engineer, date, north arrow, scale, and sufficient description to define the location and boundaries of the proposed tract.

(c)  Name and address of record owner or owners of the property to be divided.

(d)  Name and address of the subdivider.

(e)  Name, business address and registration number of the civil engineer or land surveyor who prepared the map.

(f)  The locations, names or other approved identification, widths, approximate grade and curve radii of all streets, highways, and ways within the property and immediate vicinity.

(g)  Contour lines having an interval of two feet, supplemented by spot elevations when the distance between contour lines exceeds one hundred feet. Elevations shall be based upon U.S.G.S. datum.

(h)  The location, character and identification of all existing public utility facilities on the property or on adjoining properties and on contiguous streets, and the locations and widths of all existing and proposed easements.

(i)  A preliminary grading plan, designed to control erosion and prevent sedimentation or damage to off-site property.

(j)  The outline of any existing buildings, identification of those to remain in place, and their locations relative to existing or proposed streets or lot boundaries.

(k)  Approximate location and species of trees or groups of trees on the property, and general identification of those to be removed.

(1)  Approximate location of existing and proposed drainage control features and bodies of water, all areas which are subject to inundation or stormwater overflow, and the location, width and direction of flow of all watercourses.

(m)  Approximate locations of existing wells and sewage disposal systems, and of test wells, percolation test holes and staked or flagged reference points for use by appropriate public agencies for field check purposes.

(n)  The location, identification and description of known or found survey monuments on or adjacent to the property.

(o)  The names of owners of adjacent properties.

5.10 Tentative map – Statements required.

The following statements shall either appear on the tentative map or shall be submitted in written form with the map, except for any of such items which the committee determines are not necessary to be filed with any particular tentative map:

(a)  A statement from all parties having any record title interest in the real property proposed to be subdivided, consenting to the proposed subdivision, together with positive verification of such interest. These statements shall be required without exception.

(b)  The existing use or uses of the property.

(c)  The proposed use of the property. If the property is proposed to be used for more than one purpose, the areas or lots proposed for each type of use shall be described in a statement and shown on the tentative map.

(d)  Descriptive information on the following:

(1)  Proposed drainage channel changes and flood control measures.

(2)  Proposed domestic water supply and sewage disposal systems, and solid waste disposal.

(3)  Proposed street and surface drainage, grading, fire protection and other improvements, with descriptive drawings where appropriate.

(4)  Proposed utility service for electrical, gas and communication systems, including the name and address of each serving utility company or agency.

5.11 Tentative map – Documents required.

The following documents shall be submitted with each tentative map, except for any which the committee determines are not necessary to be filed with any particular tentative map:

(a)  A preliminary title report for the real property proposed for subdivision.

(b)  A copy of any condition or any restrictive reservations or covenants, existing or proposed.

(c)  A letter setting forth and describing the reasons for any requested exceptions to provisions of this ordinance, and an application for any requested rezoning, use permit or variance which may be necessary to permit proposed uses of land and structures.

5.12 Preliminary soils report.

A preliminary soils report, prepared by a registered civil engineer and based upon adequate test borings, shall be submitted for each proposed subdivision, subject to the following provisions:

(a)  The committee may waive the requirement for a preliminary soils report if it determines that sufficient knowledge of the soils in the proposed subdivision exists.

(b)  If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the planning commission. Such soils investigation shall be done by a registered civil engineer, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist.

The planning commission may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is 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 the approved recommended action be incorporated into the construction of each structure.

5.13 Tentative map – Submittal and processing.

(a)  For final map. Fifteen prints, and one reproducible tracing of the tentative map of a proposed subdivision requiring a final map, and of the owner’s and subdivider’s statements and other required documents, and filing fees, shall be submitted to the committee, acting as agent of the planning commission.

(b)  For parcel map. Three copies and one reproducible tracing of the tentative map of a proposed subdivision requiring a parcel map and of the owner’s and subdivider’s statements and other required documents, and filing fees, shall be submitted to the committee, acting as agent of the planning commission. The tentative parcel map may be a duplicate of the subsequent parcel map, in which case the notation “Tentative” will be indicated thereon.

5.14 Tentative map – Distribution to interested agencies or officials.

Upon the submittal of such a tentative map and accompanying documents, the committee shall within five days transmit copies of the map and pertinent documents to the following: health department, fire department, superintendent of schools, State Real Estate Commission, State Department of Transportation, State Office of Intergovernmental Management, utility companies, and such other officials or agencies as the committee may determine have an interest therein. Any or all such transmittals to said agencies may be waived for parcel maps if so determined as not appropriate by the committee.

5.15 Tentative map – Review and report by agencies, departments and officials.

Fifteen days shall be allowed for the various agencies, departments, and officials to review the tentative map and related documents and report in writing, through the committee to the planning commission, stating whether or not the map and documents are in conformity with the requirements of this ordinance and other applicable provisions of law and/or with the standards and requirements of such agency, or what measures will be necessary to accomplish such conformity.

5.16 Tentative map – Committee discussion with subdivider.

Upon receipt of such reports, the committee shall, within five days, meet to discuss the proposed subdivision with the subdivider and to indicate any actions necessary to make the map acceptable for filing, or to accept the map as being officially filed.

5.17 Tentative map – Official filing.

A tentative map shall be considered officially filed, and shall be so endorsed and dated by the committee, at such time as the map and all related notations, statements, and reports required by this ordinance have been submitted to, processed, and found to be in complete and proper form by the committee, all required fees have been paid, and any environmental impact review required by the California Environmental Quality Act and the county guidelines has been completed.

5.18 Tentative map – Committee report.

Within fifteen days from the date of official filing of a tentative map, the committee shall submit a report thereon, including reports from interested agencies, to the planning commission. A copy of the report shall be made available to the subdivider not less than three days prior to planning commission action on the tentative map.

5.19 Tentative map – Consideration by planning commission.

The planning commission shall consider each tentative map and accompanying statements and documents, and the committee report and related department and agency reports, to determine whether the map is in conformity with the provisions of law and this ordinance, with adopted general plan and specific plan standards and proposals, and with good planning and engineering practice.

5.20 Tentative map – Attributes considered by planning commission.

The planning commission shall consider also such measures as will promote and protect the public health, safety, comfort, convenience and general welfare, and the environmental values and other assets and conditions making for excellence of residential, commercial, industrial, recreational and other developments.

5.21 Tentative map – Public facility or use requirements.

The planning commission may require that sites be dedicated or reserved, or fees be paid in lieu of such dedication or reservation, for parks, recreation areas, schools, libraries, fire stations, access to public resources or facilities, or other public uses, as permitted or required by the Subdivision Map Act. Standards for the foregoing shall be as provided herein, as adopted and included in the subdivision standards, or by amendment hereof.

5.22 Tentative map – Rights of direct access to streets or highways.

The planning commission may require a waiver of rights of direct access to any existing or proposed street or highway.

5.23 Tentative map – Action by planning commission.

Within fifty days of the date on which a tentative map is officially filed and dated in the office of the committee, and unless said time limit has been extended by mutual consent of the subdivider and the planning commission, the planning commission shall, upon the basis of considerations and findings as set forth herein and with particular attention to the findings required by Sections 4.01 and 4.02 hereof, either approve, conditionally approve, or disapprove such tentative map. Such action shall, within ten days, be reported in writing to the board of supervisors and the subdivider.

5.24 Tentative map – Appeal by subdivider.

Within 15 days of receipt of either a committee report or planning commission action, the subdivider may appeal as provided in Section 11.00 hereof.

5.25 Tentative map – Approval status specified by appeal board action.

Action on a tentative map by the appeal board shall specify its approval status.

5.26 Tentative map – Subdivider action after approval.

Following approval of a tentative map, the subdivider shall proceed to fulfill all conditions to such approval, and shall cause to be prepared and submitted to the county engineer the plans, specifications and other information related to subdivision improvements in accordance with the subdivision standards.

5.27 Work must be approved and authorized before commencement.

No work on any permanent structure, or on any subdivision improvements on any subdivision site shall be commenced without the approval and authorization of the county engineer, and no work on the site which is in conflict with the approved tentative map shall be permitted.

5.28 Final map – Preparation and submittal.

Within twelve months after the approval or conditional approval of the tentative map or maps, the subdivider may cause the subdivision, or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative map as approved.

5.29 Final map – Time extension.

Upon application of the subdivider prior to the expiration of the twelve month period, an extension of not exceeding eighteen months may be granted by the planning commission. In the event the planning commission denies a subdivider’s application for extension, the subdivider may appeal such denial per Section 11.00 hereof.

5.30 Final map – Termination of proceedings.

Any failure to submit, process and record a final map within twelve months from the date of approval or conditional approval of the tentative map, or any extension thereof granted by the planning commission, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be required to be submitted, processed and approved.

5.31 Final map – Information and documents required for submittal to county engineer.

A subdivider shall submit to the county engineer, in complete and accurate form, the following:

(a)  Ten legible prints of the final map, together with the original tracing and a reproducible copy acceptable to the county engineer.

(b)  Subdivision improvement plans, and plan, map and field checking fees, as provided in the subdivision standards or otherwise required by the county engineer.

(c)  Traverse sheets showing closures and computation of all distances, angles, and courses shown on the final map, ties to existing and proposed monuments, and adjacent subdivisions, street centerlines, and highway stations. The traverse of the exterior boundaries of the tract and of lots and blocks shall close within a limit of error of one in five thousand.

(d)  Design calculations as required by the subdivision standards, or by the county engineer.

(e)  A certificate from the county treasurer-tax collector regarding liens for unpaid taxes, a tax bond if required, and a guarantee of title issued by a title company for the benefit and protection of the county.

(f)  An instrument restricting vehicular traffic over the end or side lines of any road or highway, when and if the same is required.

(g)  A geologic and soil report or a soil investigation report by a soils engineer in the form prescribed by the county engineer unless this requirement is waived in writing by the county engineer.

(h)  Improvement bonds, subdivision agreements and such other documents as are required by this ordinance and the subdivision standards.

5.32 Final map – Form and content.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey and shall conform to all of the following provisions:

(a)  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 acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)  The size of each sheet shall be eighteen by twenty-six 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.

(c)  The tract designation and drawings, certificates, acknowledgements, endorsements, offers, and acceptances of dedication, and notarial seals shall be within the marginal lines. The first sheet of the map shall contain all certificates, including owner’s consent to subdivision, and all acknowledgements, endorsements, offers and acceptances of dedication and notarial certificates as required by the Subdivision Map Act and this ordinance, and no signed certificates shall appear on any other sheet.

(d)  The title sheet of the final map shall contain the tract number and designation and such other descriptive matter as may be necessary. Below the tract designation 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. Reference to tracts and subdivisions in the description must be worded identically with original records and references to book and page of record must be complete. The basis of bearing for the survey shall be clearly noted.

(e)  The final map shall particularly define and designate all lots or parcels, including those reserved for private purposes, all parcels offered for dedication for any purpose, with all dimensions, boundaries, and courses clearly shown and defined in every case. No ditto marks shall be used. Parcels offered for dedication but not accepted shall be designated by letter.

(f)  The map shall show clearly what stakes, monuments, or other evidences were found on the ground to determine the boundaries of the tract, and the names of owners of adjoining properties.

(g)  The map shall show all information, data, and monuments necessary to locate and retrace any and all exterior boundary lines, and lot and block lines. It shall also show bearings and distances of straight lines and radii, central angle and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves, bearings, and tangent distances and radii, central angle, and arc lengths of all lots. Where streets intersect on curves, center line lengths, radii deltas, and center line intersection points shall be shown.

(h)  The map shall show chord length at the setback line on lots located on a curve or having side lines at angles other than ninety degrees.

(i)  Wherever the center of a street or alley has been established, the data shall be shown on the final map, indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the fact shall be stated.

(j)  The map shall show the line of extreme high water if any part of the subdivision is subject to periodic inundation by water. Extreme high water is defined as that water which is occasioned by a storm with a frequency of occurrence which is not exceeded more than once in each twenty years.

(k)  Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named.

(1)  The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols or colored border and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

(m)  When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.

(n)  The total width of all street rights-of-way shall be shown, as well as the widths of rights-of-way for flood control or drainage channels, and any other rights-of-way.

(o)  The map shall show all easements of record and easements to be recorded. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers, public utilities and other purposes shall be clearly defined. Distances and bearings on the lot lines of lots which are cut by an easement must be so shown that the map will indicate clearly the actual length of the lot lines. The width of the easement and the length and bearings of the lines thereof and sufficient ties to definitely locate the easement with respect to the subdivision must be shown.

(p)  In order to avoid duplication, names to be used for new streets shall be subject to the approval of the planning commission. If any designations be numbers, they shall be spelled out completely, using hyphens in such forms as “Twenty-third Street.” The words “Avenue,” “Boulevard,” “Place,” etc., shall be spelled out in full. Names of newly dedicated portions of streets shall be shown in or arrowed to the dedicated portion.

5.33 Final map – Processing and approval.

(a)  When the county engineer finds that all requirements for submittal of a final subdivision map have been complied with, he shall date and sign his file copy to that effect, and notify the subdivider and/or his engineer and the committee that the map has been filed. Within five days of the date of filing, the committee may meet to review the map and submit comments thereon to the county engineer.

(b)  Within twenty days of the date of filing, and when the map is complete and in order, the county engineer shall sign the certificate on the original tracing thereof and submit the map, and all related bond and agreement forms and other documents, to the planning commission. If the planning commission finds that the final map is in substantial conformity with the previously approved tentative map, it shall approve the map and related documents and file them with the board of supervisors.

(c)  No later than ten days, or the next regular meeting following the meeting at which the final map was filed with the board of supervisors, said board shall act to approve or disapprove the map and related documents unless an authorized extension of time to act has been agreed upon by the board and subdivider. Following approval by the board of supervisors, and other required actions on the final map, it shall be transmitted ultimately to the county recorder.

5.34 Parcel map – Submittal.

(a)  Within twelve months after the approval or conditional approval of the tentative map of a subdivision for which a final map is not required by this ordinance, the subdivider may cause the subdivision to be surveyed and a parcel map to be prepared in accordance with the tentative map as approved.

(b)  Upon application of the subdivider prior to the expiration of the twelve-month period, an extension of not exceeding eighteen months may be granted by the planning commission. In the event the planning commission denies a subdivider’s application for extension, the subdivider may appeal to the board of supervisors per Section 11.00 hereof.

(c)  Any failure to submit, process and record a parcel map within twelve months from the date of approval or conditional approval of the tentative map, or any extension thereof, shall terminate all proceedings. Before a parcel map may thereafter be recorded, a new tentative map shall be required to be submitted and approved.

(d)  The subdivider shall submit to the committee, in complete and approvable form, the following:

(e)  1. The original tracing, two legible prints, and a reproducible copy acceptable to the county engineer.

2. Traverse sheets showing closures and computation of all distances, angles, and courses shown on the parcel map, ties to existing and proposed monuments, and adjacent subdivisions, street centerlines, and highway stations. The traverse of the exterior boundaries of the tract and of lots and blocks shall close within a limit of error of one in five thousand.

3. Map checking fees, as required by the subdivision standards or provisions hereof.

5.35 Parcel map – Form and content.

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:

(a)  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.

(b)  The size of each sheet shall be eighteen by twenty-six 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.

(c)  Each parcel shall be numbered or otherwise designated.

(d)  The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols or colored border, and clearly so designated.

(e)  The map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but if the County Engineer permits, it need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more.

(f)  The map shall include 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.

(g)  The map shall include certificates for signature by the engineer or surveyor, county engineer and county recorder, as required by the Subdivision Map Act and this ordinance.

5.36 Parcel map – Processing.

(a)  Within twenty days after receiving the parcel map and certificates, dedications and related matters on or with the map, the county engineer shall determine whether the map and documents are in proper form and that all conditions of tentative map approval and provisions of law have been complied with, and he shall examine it for survey information and other required information shown thereon.

(b)  When he is satisfied that the map and documents are acceptable and technically correct, and in compliance with the provisions of this ordinance and other provisions of law, the county engineer shall submit the map to the board of supervisors, and following board of supervisor approval of the map and related documents, he shall sign the county engineer certificate on the original map tracing and submit it to the county recorder.

5.37 Correction and amendment of maps.

After a final map or parcel map has been filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map. Such certificates or maps shall be processed in accordance with the requirements of the Subdivision Map Act.

5.38 Reversion to acreage and exclusions.

Subdivided real property may be reverted to acreage and property may be excluded from a recorded subdivision in accordance with the requirements and procedures specified in the Subdivision Map Act.

5.39 Lot line adjustments/submittal and processing.

For purposes of this section, a lot line adjustment shall be defined as a boundary change between two or more, existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

(a)  Lot line adjustment committee.

(1)  A lot line adjustment committee is hereby established. This committee shall consist of the director of planning and building, the county surveyor and such other persons as the board of supervisors shall appoint. The lot line adjustment committee shall review all applications for boundary changes for conformity with Colusa County zoning and building ordinances and approve, modify, or deny proposed boundary adjustments. The committee shall administer this procedure on behalf of the county. The committee shall coordinate its review with the assessor’s office, county counsel and any other county department that may be affected.

(2)  The lot line adjustment committee may condition its approval upon legally binding conditions, but any such conditions shall be limited to those set forth in the State Subdivision Map Act (Government Code section 66412[d]).

(b)  Application requirements.

(1)  Applications for boundary adjustments must be made on forms provided by the county. Applications shall be deemed filed on the date they have been determined to be complete.

(2)  All applications must conform with the following provisions:

(A)  Applications must be completed by a registered professional engineer, licensed to practice land surveying, or a California licensed land surveyor.

(B)  The preferred size of the plat map or exhibit map shall be eighteen by twenty-six inches. This requirement may be waived by the county surveyor or the planning director in favor of an eight and one-half-inch by eleven-inch plat map or exhibit map, provided that the scale of the map is large enough to show all details clearly. The map shall show the changes on all affected properties.

(C)  Legal descriptions of the subject parcels before and after shall be prepared by a registered professional engineer licensed to practice land surveying in the state of California, or a California licensed land surveyor.

(D)  Such other reasonable and necessary requirements as may be deemed appropriate by the county.

(c)  Application processing requirements.

(1)  The committee shall first determine if the application is complete. Incomplete applications may be amended and review continued without necessity of paying a new fee.

(2)  The committee shall determine whether proposed boundary adjustments conform to Colusa County zoning and building ordinances.

(3)  The committee shall require the prepayment of any delinquent property taxes due on all parcels affected by proposed boundary adjustments.

(4)  Where the affected parcels are held in common ownership, the committee shall require the owner of said parcels to convey the affected parcels to a third party who will reconvey to the owner of record.

(5)  Where the affected parcels are held in different ownership, the committee shall require deeds be prepared to affect boundary adjustments.

(6)  The committee shall direct the owner to modify liens or encumbrances, if any exist, to correspond to the new boundary lines.

(7)  The committee shall require the recording of a certificate of compliance in accordance with the requirements of Government Code section 66499.35.

(d)  Approval/denial of applications.

(1)  Within twenty days of the date an application for a boundary change has been deemed complete, the lot line adjustment committee shall render its decision approving or denying the application.

(e)  Denial/approval/procedure.

(1)  Denial of application. An application may be denied by the lot line adjustment committee for failure to conform with the provisions of Government Code section 66412(d). A denial notice shall be provided in a written form which explains the reasons for the denial to the applicant. An applicant may appeal this decision to the board of supervisors if notice is given to the clerk of the board of supervisors within thirty days of the date of the denial.

(2)  Approval of application. The committee shall issue a conditional certificate of compliance when the boundary line adjustment has been approved. The conditional certificate of compliance shall require:

(A)  The preparation of documents as set forth above;

(B)  Prior to recordation, the property descriptions contained in all documents shall be approved by the County Surveyor.

(C)  Such other conditions that are reasonably necessary to carry out the intent of this ordinance.

Finalization of the boundary adjustment shall be accomplished and approved by the county surveyor.

The committee shall issue a final certificate of compliance when compliance with all requirements of this procedure has been achieved.

(f)  Appeal of approved boundary adjustment. Any interested party may appeal the approval of a lot line adjustment by filing a notice of appeal with the clerk to the board of supervisors within ten days of the issuance of the notice of approval.

5.41 Voluntary mergers.

Two or more contiguous parcels or units of land under common ownership which have been created under provisions of this article or any previous law regulating the division of land or which were not subject to such provisions at the time of their creation may be merged without reverting to acreage pursuant to the provisions of this section. For purposes of this section, “contiguous” means touching on a common line or lines.

(a)  An application for merger into a single lot or parcel shall be made to the community development department on a form approved by the community development director. At the time of filing, the following information and documents are required:

(1)  The application shall contain a legal description, signed and sealed by a registered civil engineer with authority to practice surveying or by a licensed land surveyor, describing the resulting parcel proposed by the voluntary merger. Legal description shall be labeled as Exhibit “A,” shall contain the expressed language of a merger, and shall note that all previous boundary lines within the interior of the merged parcel are thereby deleted.

(2)  All parties having any record title interest in the real property proposed to be merged shall consent to the preparation and recordation of the notice of merger on a form approved by the community development director.

(3)  Provide legible copies of all deeds affecting the property beginning with the deed that described the property prior to its current configuration from that time to the present, unless the parcels were created through a recorded tract map, parcel map, or official map or unless waived by the county surveyor. A typed copy of all handwritten deeds and copies of earlier deeds in the chain of title or deeds describing adjacent property shall be submitted by the applicant if requested by the county surveyor.

(4)  A preliminary title report concerning the property, showing current property owners, and which is not more than three months old as of the date of the application submittal. The preliminary title report shall include the legal descriptions of the existing parcels proposed to be merged and any encumbrances, liens, claims, etc., associated with said property.

(5)  Any additional or supplemental information which the community development director determines is necessary to determine whether to approve a voluntary merger application pursuant to the provisions of this section.

(b)  The community development department shall refer the application for merger to other affected county departments for review which may include but not be limited to the department of public works and the environmental health division.

(c)  Within a reasonable time after receipt of a complete voluntary merger application and all necessary accompanying information, the community development director shall approve the application and cause a certificate of merger to be recorded if there are no grounds for denial detailed herein.

(d)  The community development director may deny any voluntary merger application if they find any of the following:

(1)  The application is not in compliance with this section.

(2)  Any of the lots involved with the merger have been created in violation of this title or any previous law regulating the division of land.

(3)  The voluntary merger results in a nonconforming parcel (including a parcel that does not conform to the Colusa County general plan, any applicable zoning or building ordinances, or the enlargement of a parcel containing an existing nonconforming use or structure) unless the community development director finds that such merger will reduce the degree of nonconformity of the preexisting parcels, will not lead to an increase in the density or intensity of use, and will not give permanency to, intensify, or expand the nonconforming use.

(e)  The community development director may impose any conditions upon approval of a voluntary merger that are necessary to achieve conformance with the Colusa County general plan, any applicable specific plan, and any applicable zoning or building ordinances.

(f)  The community development director shall give written notice of the action on the application as follows: by mail to the applicant and owner(s) and representative, if any. Approval of the application does not constitute assurance that future applications for building permits or other land use entitlements on the resulting merged lot or parcel will be approved by the County of Colusa.

(g)  As to an approved application, the community development director shall cause the recordation of a certificate of merger and legal description, including the owner’s consent to merger, to evidence the merger of parcels. The certificate of merger shall be in a form approved by the community development director, and shall include a statement of any conditions imposed upon the approval of the merger. The certification shall further include notations to the effect that:

(1)  Approval of the merger does not guarantee that the resulting lot or parcel is developable; and

(2)  The previously existing individual lots or parcels, which have been merged, are not separately available for sale, lease or financing purposes, except as allowed pursuant to the provisions of the Subdivision Map Act and local ordinance.

(h)  Prior to the recordation of the certificate of merger, all encumbrances, including bonded indebtedness, shall be modified to apply uniformly to the resulting parcel, rather than to the portions of the resulting parcel corresponding to the separate parcels prior to the merger. With respect to property taxes, all property taxes or special assessments due which are a lien but not yet payable shall be prepaid.

(i)  Development of the parcel resulting from merger pursuant to this section must be in compliance with any and all applicable state and county statutes, ordinances and regulations.

5.42 Involuntary mergers.

(a)  Pursuant to Government Code Section 66451.11 et seq., the county may initiate the merger of a parcel of land with a contiguous parcel held by the same owner(s), if the community development director determines that all of the following requirements are satisfied:

(1)  The affected parcels are held by the same owner(s) as of the date the notice of merger is recorded as required by this section;

(2)  One of the affected parcels does not conform to the standards for minimum parcel size under the applicable zoning;

(3)  One of the affected parcels is undeveloped by a legally constructed structure, or developed only with an accessory structure, or developed with a single structure (other than an accessory structure) that is partially sited on the contiguous parcel with which it is proposed to be merged; and

(4)  With respect to each affected parcel, one or more of the following conditions is met unless one of the conditions of Government Code Section 66451.11.7(A) through (E) exists:

(A)  The parcel comprises less than five thousand square feet in area at the time the merger is determined;

(B)  The parcel was not created in compliance with applicable laws or ordinances in effect at the time of its creation;

(C)  The parcel does not meet current standards for sewage disposal and domestic water supply;

(D)  The parcel does not meet slope stability;

(E)  The parcel does not have legal access which is adequate for vehicular and safety equipment access and maneuverability;

(F)  Its development would create health or safety hazards;

(G)  Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

(b)  The community development director shall mail, by certified mail, a notice of intention to determine the status of the affected parcels to the then current owner(s) of record. The notice shall advise the owner(s) that the affected parcels may be merged under the standards specified in this section, and it shall advise the owner(s) of the opportunity to request a hearing of the determination of status and to present evidence at the hearing that the affected parcels do not meet the criteria for merger. The community development director shall cause the notice of intention to determine status to be filed for recordation with the office of the county recorder on the date that the notice is mailed to the property owner(s).

(c)  If the property owner files with the community development director a request for a hearing on determination of status within thirty days after recordation of the notice of intention to determine status, the community development director shall set a hearing date for the planning commission to consider the merger. The community development director shall notify the property owner(s) of the hearing date by certified mail. The planning commission shall conduct a hearing not more than sixty days following receipt of the property owner’s request for the hearing. The hearing date may be postponed or continued with the mutual consent of the community development director and property owner(s).

(1)  At the planning commission hearing, the property owner(s) may present evidence that the affected parcels do not meet the standards for merger specified in this section. At the conclusion of the hearing, the planning commission shall determine whether the affected parcels are to be merged or are not to be merged, and shall notify the owner of its determination.

(A)  Should the commission determine that the lots are to be merged, the community development director shall cause to be recorded a notice of merger specifying the names of the record owners and legal description describing the real property within thirty days after conclusion of the hearing.

(B)  Should the commission determine that the lots are not to be merged, the community development director shall cause to be recorded a release of notice of intention to determine status and shall mail a clearance letter to the then current owner(s) of record within thirty days after the conclusion of the hearing.

(d)  If the owner of the affected parcels does not file a request for a hearing within the thirty-day period after recordation of the notice of intention to determine status, the community development director shall make a determination that the affected parcels are to be merged or are not to be merged. No later than ninety days after the date when the community development director mailed the notice of intention to determine status, a notice of merger or a release of notice of intention to determine status shall be recorded.

5.43 Appeals.

(a)  Decisions of the community development director made under the provisions of this section are final unless appealed by an applicant or any aggrieved person to the planning commission within ten days after the date of said decision.

(b)  Decisions of the planning commission made under the provisions of this section are final unless appealed by an applicant or any aggrieved person to the board of supervisors within ten days after the date of said decision.

5.44 Fees.

Fees for processing applications under this section shall be set by the board of supervisors.

6 General subdivision regulations.

6.01 Conformance required.

All subdivisions of land which are subject to the provisions of this ordinance shall conform to the following regulations and shall be subject to the following provisions:

6.02 Requirements are minimum and may be made more restrictive.

The regulations, subdivision standards, and procedures provided herein or by resolution adopted by the board of supervisors, shall be construed to be the minimum necessary to promote and protect the public health, safety and general welfare, and they may be made more restrictive in cases where the planning commission finds such action is necessary to protect the public interest and to ensure sound planning standards and, on the advice of the county engineer, to ensure sound engineering standards. Reference is made to the subdivision standards for supplemental specifications.

6.03 Streets and highways.

(a)  The street and highway design shall conform both in width and alignment to any general plan or specific plan adopted by the board of supervisors, and rights-of-way for any street or highway indicated on any such plan shall be dedicated.

(b)  The street and highway design shall conform to any proceedings affecting the subdivision which may have been initiated by the board of supervisors or approved by said board upon initiation by other legally constituted bodies of the county or state. If a parcel of land to be subdivided includes a portion of the right-of-way to be acquired for a highway, freeway or parkway, the subdivider may be required to either dedicate or withhold from subdivision all the area included in said right-of-way.

(c)  All streets shall, so far as practicable, be in alignment with existing adjacent streets by continuations of the centerlines thereof or by adjustments by curves.

(d)  Street centerlines shall be required to intersect one another at an angle as near to a right angle as is practicable or by tangents not less than one hundred feet in length.

(e)  Where necessary to give access to, or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property being divided, and the resulting dead-end or cul-de-sac streets may be approved with or without a turnaround. In all other cases a turnaround having a minimum right-of-way radius of forty feet shall be required. No cul-de-sac street shall exceed six hundred feet in length to center of turnaround unless recommended by the county engineer.

(f)  Service roads and off-street parking: When lots front on any major or secondary street or highway, the subdivider may be required to dedicate and improve a service road to provide ingress and egress to and from such lots. The planning commission may require adequate off-street parking areas for all lots proposed for commercial or industrial use, or for multi-family structure projects.

(g)  Nonaccess and planting strips: When the rear or side lines of any lots border a street or highway, the subdivider may be required to execute an instrument prohibiting the right of ingress and egress to such lots across the side lines of such street or highway, and the subdivider may be required to dedicate and improve a planting strip or construct a fence adjacent thereto.

(h)  Alleys: When lots are proposed for commercial or industrial uses, alleys at least twenty-four feet in width may be required at the rear thereof. All alleys are to be regarded as private ways, and subject to the conditions shown in Section 7.05.

(i)  Street names: All street names must be as approved by the planning commission and no duplication of street names shall be permitted.

6.04 Easements.

(a)  The subdivider may be required to grant easements not less than six feet in width along lot lines for public utility, sanitary sewer and drainage purposes, provided easements of lesser or greater width may be allowed when required or approved by the county engineer.

Power, telephone, lighting, and other communication facilities will be required to be installed underground in subdivisions of five or more divisions, and may be required to be installed underground in other subdivisions.

6.05 Lots.

(a)  The size and shapes of lots shall be in conformance with the requirements of the subdivision standards and with any additional requirements established by zoning regulations. Residential lots on curved or cul-de-sac streets shall have a minimum width of fifty feet at the front yard setback line.

(b)  The side lines of all lots so far as possible shall be at right angles to streets or approximately radial to curved streets and to the center points of cul-de-sac turning circles.

(c)  No lot shall be divided by a county boundary line.

(d)  Interior lots having double frontage will not be approved.

6.06 Walkways.

The subdivider may be required to dedicate and improve walkways twelve feet wide through blocks six hundred feet or greater in length, or to provide access to schools, parks and other public areas.

6.07 Watercourses.

The subdivider may be required to dedicate easement watercourses or drainageways in their original locations or in approved relocations. Widths and locations of such easements shall be subject to approval by the county engineer.

6.08 Land subject to inundation.

If any portion of any land within the boundaries of the subdivision is subject to overflow, inundation or flooding by stormwaters, that portion of the subdivision shall be clearly indicated on the final map or parcel map.

6.09 Fees for filing, checking and inspection.

Fees for the following items shall be in accordance with those adopted by resolution of the board of supervisors as necessary to properly supplement the provisions of this ordinance in the processing of subdivisions and the improvements thereof:

(a)  Tentative maps.

(b)  Final maps.

(c)  Parcel maps.

(d)  Reversion to acreage.

(e)  Improvement plan checking.

(f)  Inspection of construction.

(g)  Environmental impact review and report preparation.

(h)  Bond act proceedings.

7 Improvements.

7.01 Generally.

All improvements shall be installed by or be the responsibility of the subdivider in accordance with the subdivision standards, and shall further be installed in accordance with all applicable laws, rules, or regulations of the State of California, or any board, bureau, commission, or other competent authority thereof. Such improvements shall be subject to inspection by the county engineer, and approval by the board of supervisors. Such improvements shall include, but not be limited to, the following:

(a)  Land grading and improvement.

(b)  Street, alley, walkways and off-street parking, grading and paving.

(c)  Curbs, gutters, sidewalks, and landscaping in rights-of-way.

(d)  Sanitary sewers, storm drains, and appurtenances.

(e)  Street lighting systems.

(f)  Fire hydrants.

(g)  Electric, gas and water utility systems.

(h)  Street signs, warning and safety devices.

7.02 Subdivision standards – Content.

The subdivision standards shall contain any or all of the following which are not otherwise included in this ordinance: Standards for street and lot design, for street widths, grades and curves, for sewerage, water supply, and fire protection, for all improvements to be installed, including public utilities, for office and field checking of maps and survey data, for construction inspections, fee schedules, form for bonds and agreements and such other matters as may be included therein by resolution of the board of supervisors.

7.03 Documents required.

The planning commission may require that a subdivider provide such documents, including but not restricted to deeds, dedications, grants, restrictions, easements and rights-of-way, as it deems necessary to effect a sound and proper plan of land division.

7.04 Request for change of zoning may be required.

The planning commission may require a request for change of zoning to insure compatibility of plans and regulations.

7.05 Private streets.

The planning commission may permit private streets in subdivisions which are subject to the provisions of this ordinance in cases where the committee finds and reports that such streets provide local access to parcels to be created, and do not constitute elements of arterial or collector streets systems necessary to serve areas beyond the bounds of the subdivision site. Subdivisions in which private streets are permitted shall be subject to all provisions of this ordinance except as otherwise or as additionally provided below in this subsection:

(a)  Private streets shall be constructed in conformity with subdivision standards.

(b)  Provisions for maintenance of private streets shall be required by the planning commission, and bonds or other guarantees of compliance with such provisions may be required.

(c)  The subdivider may be required to dedicate easements within private streets for specific uses as prescribed.

7.06 Special features.

The planning commission may recommend approval of subdivision plans which include the clustering of development sites in combination with the preservation of open space and plans which include airports, golf courses and other types of recreational facilities and other such special features intended for the common usage of owners and guests, provided that such features are in conformity with zoning, lot area and density standards on an averaged overall lots plus open space basis, and other provisions of law. In such cases:

(a)  The planning commission shall require provisions for proper construction of such special features.

(b)  The planning commission shall require provisions for preservation of open spaces and adequate maintenance and operation of all such features, and may require bonds or other guarantees of compliance with such requirements.

(c)  The planning commission may approve such division plans under existing P-D zoning, or may require P-D zoning or other appropriate zoning as a condition to approval of the division.

7.07 Subdivisions of four or less parcels – Conditions.

The planning commission may require compliance with any or all of the provisions and requirements of sections 7.01 through 7.06 in the case of the subdivision of land into four parcels or less, but in accordance with section 66411.1 of the Government Code.

7.08 Subdivisions of four or less parcels – Improvement security.

In the case of the subdivision of land into four parcels or less, the planning commission may require improvement security in accordance with sections 66499 through 66499.10 of the Government Code.

8 Agreement for completion of improvements.

8.01 Terms of agreement.

At the time the board of supervisors approves a final map, the subdivider shall enter into an agreement with the said board agreeing to have the required improvements completed within a specified period, and further guaranteeing the workmanship and materials provided in all improvements for a twelve-month period after acceptance of the improvements by the said board. Said agreement may provide for extension of time under specified conditions. The agreement may also provide for the termination of the agreement upon a reversion to acreage or revocation of all or part of the subdivision.

9 Bonds for completion of improvements.

9.01 Security – Required.

To assure that the improvements required by this ordinance are satisfactorily completed, adequate improvement security shall be furnished by the subdivider for the cost of the improvements according to the plans and specifications in a sum or amount equal to the estimate approved by the county engineer. Partial release of said improvement security may be made in accordance with the provisions of the Subdivision Map Act.

9.02 Security – Release.

Said improvement security shall be released by the county engineer upon acceptance of the work or upon revocation or reversion to acreage of the subdivision and abandonment of all streets and easements, except the security in the amount specified by the county engineer to guarantee workmanship and materials shall remain in full force and effect for one (1) year after acceptance of the improvements.

10 Exceptions.

10.01 Recommendation by committee.

The committee may recommend that the planning commission authorize conditional exceptions to any of the requirements and regulations set forth in this ordinance.

10.02 Application – Grounds for exception.

Application for any such exception shall be made by written petition of the subdivider stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map. In order for the property referred to in the petition to come within the provisions of this section, the committee must find that all of the following facts apply with respect to the subject property:

(a)  That there are special circumstances or conditions of topography, size, shape or location affecting said property.

(b)  That the exception recommended is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(c)  That the granting of the exception will not adversely affect the general plan or a specific plan.

(d)  That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated, and will not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity.

10.03 Report by committee for planning commission – Content.

In recommending commission action on exceptions under this section, the committee shall prepare a report to the planning commission containing all facts and findings in connection therewith. The report shall set forth the exception as recommended and the conditions designated. Upon receipt of such report the planning commission shall consider and act on the tentative map with or without any exceptions and conditions recommended.

10.04 Amendment required for parcel map waiver.

No request for exception to waive the requirement for a parcel map, as provided in Section 66428 of the Government Code, may be approved unless or until this ordinance is amended to provide a procedure for such waiver.

11 Appeals.

11.01 Appeal from action of committee.

Appeal from an action by the committee may be made to the planning commission within fifteen days from such action. An appeal shall be submitted in written form to the secretary of the planning commission, and shall be placed on the agenda of the next commission meeting. The commission shall take action thereon within forty days from the date of submittal.

11.02 Appeal from planning commission action.

A subdivider may file an appeal from a planning commission action on a tentative map with the clerk of the board of supervisors within fifteen days of such action. The board of supervisors shall set the matter for hearing within thirty days of the date of filing of the appeal.

11.03 Hearing.

At the time fixed for the hearing, the board of supervisors shall hear testimony of representatives of the commission, of any witnesses on its behalf, of the petitioner, and of any other parties at interest.

11.04 Consideration by board of supervisors.

The board of supervisors shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, recommendation, interpretation, or ruling appealed from or make and substitute such other or additional decision or determination as it may find warranted under law and facts.

11.05 Decision.

The decision of the board of supervisors shall be expressed by a motion in writing within ten days following conclusion of the hearing, and shall forthwith transmit a copy thereof to the subdivider and the commission.

12 Enforcement and penalties.

12.01 Violation – Penalty.

It shall be the duty of the district attorney to enforce the provisions of this ordinance, all agencies, officials, and public employees of the county vested with the duty or authority to issue permits shall conform to the provisions of this ordinance; and any such permit or license issued in conflict with the provisions of this ordinance shall be null and void. Any violation of this ordinance shall constitute a misdemeanor and shall be punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed six (6) months or by both fine and imprisonment. Each day a violation of this ordinance continues shall be considered a separate offense.

12.02 Effect of deed, sale, contract, etc. made contrary to ordinance provisions.

Any deed of conveyance, sale or contract to sell, or assignment, allocation, division or grant of entities of usage made contrary to the provisions of this ordinance is voidable to the extent and in the manner provided in Section 66499.32 of the Government Code of the State of California.

13 Validity and conflict.

13.01 Severability.

If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance and the board of supervisors does hereby declare that it would have adopted this ordinance and each remaining section, subsection, paragraph, subparagraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more of such sections, subsections, paragraphs, subparagraphs, sentences, clauses, or phrases to be declared invalid or unconstitutional.

13.02 More restrictive of conflicting provisions to apply.

Whenever conflict occurs between any provisions of this ordinance and any other provisions of law, the more restrictive of such provisions shall prevail.

This ordinance shall take effect and be in force thirty days from and after its passage. Before the expiration of fifteen (15) days after its passage this ordinance shall be published in the manner provided by law, with the names of members voting for and against the same.

PASSED AND ADOPTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF COLUSA, this 28th day of December, 1976.

AYES: Supervisors H.L. Peterson, Edwin G. Ross, T.K. Marshall, Richard L. Hurni and James V. Armocido.

NOES: None.

ABSENT: None.

JAMES V. ARMOCIDO

Chairman

ATTEST:

MARTHA NANNEN

County Clerk

REFERENCES TO SUBDIVISION MAP ACT

The following references to provisions of the Subdivision Map Act are intended to assist the preparation and processing of subdivision maps.

References: Subdivision Map Act (Title 7, Div. 2, Gov. Code). Map Act Amends (Chap. 24, Statutes of 1975).

Subject	Map Act Section
Owners consent to filing of maps	66436, 66445(f), 66465
Dedications: Streets, drainage, utilities	66475, 66476
Dedications and Fees: Parks, recreation areas	66477
Dedications: School sites	66478
Dedications: Access to public resources	66478.1 – 66478.14
Dedications: Acceptance, rejection	66477.1 – 66477.3
Reservations: Parks, recreation areas, fire stations, libraries, other public uses	66479 – 66482
Fees: For drainage and sewer facilities	66483
Fees: For bridges and major thoroughfares	66484
Reimbursement: For improvements beyond subdivision	66485 – 66489
Final Map: Statement, soils report	66434(f)
Final Map: Certificates, acknowledgements	66435 – 66443, 66450
Parcel Map: Certificates, dedications	66445(f), 66447, 66450
Reversion to Acreage: Procedures	66499.11 – 66499.20
Exclusions from Subdivisions: Procedures	66499.21
Caltrans: Request for tentative map review	66455
Condominiums: Map procedures	66427
Violations of Map Act or Local Ordinances:
(a)  Voidable sales, etc.	66499.32
(b)  Issuance of permits	66499.35
(c)  Certificates of compliance	66499.35
(d)  Notice of violation	66499.36